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Rick's List

Congressman Bart Stupak Retiring; Supreme Court Justice Announces Retirement

Aired April 09, 2010 - 16:00   ET

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

DON LEMON, CNN ANCHOR: Hello, everyone, Don Lemon here. Rick is off today.

Two announcements rocking the political world top our LIST this hour.

Democratic Congressman Bart Stupak was a giant target for the right after deciding to vote for health care reform. Threats and pressures soon followed. Well, he has put a stop to that with his decision to retire today. And CNN's Dana Bash breaks down Stupak's rise and fall. She will do that in just a few minutes.

Also high on the LIST: Supreme Court Justice John Paul Stevens says this term will be his last, setting in motion what could be a contentious confirmation process to pick a replacement. So, who's on the short list? And how dramatically can President Obama reshape the court so early in his term?

First, though, Michigan Democratic Congressman Bart Stupak, listen to his announcement.

(BEGIN VIDEO CLIP)

REP. BART STUPAK (D), MICHIGAN: It's time to begin a new and exciting chapter. Last night and early this morning, I informed Democratic leaders and key supporters that I would not seek reelection to Congress.

(END VIDEO CLIP)

LEMON: Well, Stupak was a key figure in the health care fight and a lightning rod really for controversy.

So, CNN congressional correspondent Dana Bash was in Stupak's district when he made today's announcement and she broke the story that he would give up his seat. She joins us now from Marquette, Michigan.

Very interesting interview, Dana. You talked to Stupak today. This clearly was an emotional decision for him, not only for him, but for his wife, Laurie.

DANA BASH, CNN SENIOR CONGRESSIONAL CORRESPONDENT: Absolutely.

It was -- it was a tough decision, but, interestingly, he made that clear at a press conference which he gave here just a few hours ago, and also with me, something that I had actually heard from some of his closest advisers and supporters over the past couple of days, because we have actually been in his district here for a couple of days. The Tea Party has been here.

It turned out we were here. It was good timing for us. But, in any event, what we heard was that he actually had considered retiring several times in the past, but for various reasons decided to stay. But in our interview, he made clear that this time was different.

(BEGIN VIDEO CLIP)

BASH: You said that there wasn't really one specific issue that tipped your decision, but there had to have been a light bulb moment when you said, "I can't do this anymore."

STUPAK: No, not really. It had been building for some time. The last two or three election cycles, Laurie and I and our family would sit down and: Do we want to go another time?

When I come out of Washington, I don't go home. It just, finally, after 18 years, just got, enough is enough.

(END VIDEO CLIP)

BASH: Now, why do we care so much about a rank-and-file Democratic congressman from way up here in the 1st District of Michigan?

Well, he actually has national notoriety. And we -- our viewers know the reason why is because, just a couple of weeks ago, Don, you remember, he was an anti- -- and still is -- an anti-abortion Democrat who was withholding his vote on the president's top priority, and that, of course, was health care reform, because he did not think that it went far enough in making sure that it -- no taxpayer funding would be used for abortions within this health care bill.

And, at the 11th hour, he cut a deal with the White House for an executive order that he said make him feel comfortable, brought along his vote and about a dozen other votes, and it gave the White House the gave and the president his -- ultimately the votes and the victory.

Well, since then and in the immediately -- in the immediate days after that vote, he got a lot -- a lot of flak, and also some pretty intense phone calls, very threatening phone calls to his home and to his office. And it's something that his wife here actually talked about. And she got quite emotional about that.

So, I asked the congressman about those experiences.

(BEGIN VIDEO CLIP)

STUPAK: It's unnerving. You know, I have been a police officer for many years. I have been through some tough votes. We have gone through this before, but Maybe not to the degree of the viciousness of this time.

(END VIDEO CLIP) BASH: Now, the question that everybody has been asking is, why now? Why did he decide to make this decision now? You heard in the -- the first sound bite that he talked about the fact that it is an exhausting way of life for him, especially, because he comes home here to this district every weekend, and there's no major media market.

So, he can't really get his message out and communicate in a wide way with his constituents in any other way, really, than try to hit the hundreds and hundreds and hundreds of miles to go to the various small communities in this rural Michigan district.

And he just said he had had enough. But it's interesting timing that the Tea Party Express, Don, has been here. That's why we were here in this district. They came. We went to a rally that they were having last night, and they had four others planned here to send Bart Stupak into early retirement.

Well, Stupak decided to take him upon himself to do that.

LEMON: To take him upon himself.

But, Dana, I have been itching to ask you this question, because he represents a conservative district in Upper Michigan. He thinks the Democrats can hold on to that seat, but not many others do, do they?

BASH: No, you -- that's very well put. No. He said a couple of times he believes that there could be some good Democratic candidates that are like him, which is unusual. And when you look at the Democrats on a national level, he is a Democrat who's for -- he's anti-abortion. He's pro-gun. And, traditionally, he has understood the sensibility of this area, which is keep government out of our lives.

Interestingly, that's why -- that's why some people turned on him, because they thought, well, health care and the -- the new law is exhibit A of -- of too much government intervention in their lives.

He thinks that there could be a couple of candidates who might potentially hold the seat, but even in the lead-up to this decision, when we thought it was possibly coming, I talked to some of his supporters here, a lot of -- of experts here on Michigan politics and some people back in Washington, and the main -- one of the main reasons they didn't want him to retire is because they are worried that they are going to lose this seat to the Republican column.

LEMON: All right, Dana Bash, thank you very much. Good reporting today.

BASH: Thank you.

LEMON: The president says that he's going to move quickly to nominate a replacement for the justice.

And I want to say that we're getting some responses in from -- from other justices as well. I'm going to give that to you in just a little bit. But the president said he's going to move pretty quickly. Here's what the president said he is looking for.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: And while we cannot replace Justice Stevens' experience or wisdom, 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. It will also be someone who, like Justice Stevens, knows that in a democracy, powerful interests must not be allowed to drown out the voices of ordinary citizens.

(END VIDEO CLIP)

LEMON: All right, so, listen, President Obama says he hopes to have a new justice in place before the Supreme Court's next term starts in October.

And CNN senior political analyst David Gergen was an adviser to four presidents, including President Ford, who put Justice Stevens on the court.

Good to see you.

Before I -- I want you to listen to this, because this is coming from some of the other justices, David, statements from the Supreme Court regarding Justice John Paul Stevens' retirement.

Chief Justice John G. Roberts -- I'm not going to read all of it -- I just want you to hear a little bit -- says: "Associate Justice John Paul Stevens has earned the gratitude and admiration of the American people for nearly 40 years with his distinguished service."

Antonin Scalia says; "Stevens leaves behind a distinguished career of service on the federal bench," and then on and on from Kennedy -- very well-respected.

And when it all boils down, you were there, 1974, with Nixon when he was appointed. They stick together. And whatever fights or arguing they have when they are trying to work things out, when something like this happens, they -- they stick together.

DAVID GERGEN, CNN SENIOR POLITICAL ANALYST: Well, there's definitely a collegiality of the court.

I had the opportunity to visit three justices just a couple of weeks ago with students, and who had differing perspectives. And I think the students were quite taken by how respectful they were of each other. They seem to have personal relationships that extended well beyond what you normally see in politics.

But there clearly are groupings. And John Paul Stevens was very clearly the leader of the progressive bloc on the court, four members of the court. And now that President Obama's going to have this -- you know, this doesn't happen often. The president has two choices in his first term. He will be able to keep that bloc intact. And I think, contrary to some speculation that he will move to the middle, I think we will very -- he will find someone who's very firmly within that bloc. And it -- it -- we will continue to have a 4-4, with Justice Kennedy as a swing.

LEMON: Well, you mentioned President Obama is going to have a second chance to do this, a second appointment.

So, considering the political climate, though, David, after the health care reform debate, will the president have a difficult time getting this done by October? What's the difficulty level here?

GERGEN: I think, if he moves fairly quickly -- and it is easier the second time around, as you pointed out, because he's -- after all, there at least two people on his short list that he's already interviewed once. One Elena Kagan, is his own solicitor general. He knows Diane Wood from Chicago. He was formerly on the faculty with her at the University of Chicago.

And there's another justice -- or another judge in Merrick Garland in Chicago -- in Washington who is thought to be the third person on the obvious list. Now, there's an unobvious list he will want to review as well.

But, given that, Don, I mean, he will move fairly quickly. And he should be able -- the nominee has to get a lot of paperwork in front of the -- in front of the Senate. There will be a lot of scrutiny of that. But they should be able to have hearings and have that place -- person in place by October.

And think of it this way, Don. He's going to have a lot more votes in the Democratic column this year than he's likely to have next year. So, it's a good -- you know, he's not only having two in the first year, but two when he's at his strongest.

LEMON: OK. I want -- it's funny you say solicitor general, because I want you to hold that thought.

Joining us now by phone is Robert Bork. He's a former Supreme Court justice nominee and a former solicitor general -- general -- under Richard Nixon. Gerald Ford as well, he served.

Thank you for joining us. Your old friend, I'm sure, David Gergen, is here.

What -- this process that's going to happen now, what's the significance of this for the president of the United States and really for the American people, Mr. Bork?

ROBERT BORK, FORMER SUPREME COURT NOMINEE: Well, I think this one is a relatively neutral process, in the sense that the president has the votes to get almost anybody through, anybody at least respectable through. And it's not going to change much, except, instead of an older liberal, you're going to have a younger liberal. That's about it.

(LAUGHTER)

LEMON: And when it comes to -- we said that you were a nominee. What are the -- we have been looking at short lists here, Mr. Bork. What are these people, these folks going through now? Is it a tough process to sort of have your life and your career examined, you know, from the beginning all the way up until the point wherever you are when you are nominated for this?

BORK: Yes, but I didn't have that problem. They checked me out beforehand. And the FBI went over my background. And there was nothing there. So, it was a relatively simple process.

LEMON: You know what?

David Gergen, he brings up a good point here, because he said, you know, he didn't have to deal with that. It seems that the vetting process and, you know, the -- the hearings, it's much more stringent now, because the president's really having some trouble even getting appointees into place, you know, because of the vetting process.

GERGEN: Well, in truth, this whole process changed when Bob Bork was nominated and was treated so unfairly, and indeed viciously at times.

And it set off a chain reaction. And the -- the -- the process of screening that goes on, on Capitol Hill, the scrutiny, and sometimes the unfairness of it, I think, has -- has been really a terribly unfortunate, tragic, and, in Bob Bork's case, extremely unfair legacy over the last several years.

The Sotomayor hearings, I think, were fairer than we have seen. They were not as -- and I would imagine -- I think, to go to Bob Bork's point, this is like -- I think, unless he nominates someone who is -- who's sort of really way off to the left, I would think that there's not going to be a -- there will be a fight, but it won't be a donnybrook.

LEMON: I want Mr. Bork to respond to that.

What do you have to say, what David Gergen just said about the vetting process and how you changed that? Do you agree with that?

BORK: Oh, yes, the -- well, not the vetting process, but the process of the confirmation, which changed completely and caught me by surprise, because it was much more vicious than it ever had been before.

LEMON: You said -- I'm sorry. I missed the last part. You said it was much more vicious?

BORK: Than it ever had been before.

And I think that started a round of extreme partisanship, because the Republicans were furious at what the Democrats had done. And the Democrats were determined to stop the court from changing, so that you had a level of partisanship and a level of viciousness never seen before in the Supreme Court nominations. LEMON: Mr. Bork, how -- are you paying -- how much attention are you paying to the court now? Are you up on the court?

BORK: No, I am not. I'm -- I'm writing things.

LEMON: Yes.

BORK: To tell you the truth, I have written about all I want to write about the court itself.

(LAUGHTER)

LEMON: Yes, because I thought -- David, are you still there?

GERGEN: I am.

LEMON: So, David...

GERGEN: I -- I -- we should be very appreciative of the fact that Bob Bork is here joining us.

LEMON: Yes. And that's why we're talking to him. This is a moment here.

We're going to talk to Bob Bork a little bit longer, but I want to -- the reason I asked him if he -- how familiar he is with the court right now is because, if you had to -- if you had to guess, or just looking at it logically, David Gergen, who do you think might be the next to go here, if at all, soon?

GERGEN: Well, you know, one always worries about the health of justices. And, of course, Justice Ginsburg has been a subject of some speculation. I hope, for her sake, that she can stay as long as she wishes and that health does not become an issue.

But I must say, I don't see any indications that there's anyone in the conservative bloc who is anywhere close to retirement.

So, it appears -- and I don't think Justice Kennedy, I mean, he seems to be very hale and hearty. I was just with him recently. And I -- I think the president may have one more choice in Justice Ginsburg, but, otherwise, it would come as a surprise whether this may -- goes -- I would like to ask Bob Bork a question, an interesting question that's come up.

It's very much a minor issue, I think, but some people are talking about, does it -- does the religious composition of the court make any difference, Justice Bork, because the -- given the -- I think that John Paul Stevens is the last Protestant on the court.

And does that make any difference at all, or should we sort of discount that? I don't think it does, but I'm just curious of whether...

LEMON: It's six Catholic people on the court, two -- and two people of Jewish faith. BORK: Yes.

No, I haven't heard much comment about it, and not the way -- in the old days, there was a Catholic seat and a Jewish seat and so forth. That's gone. I think -- I suppose, if you have had an overwhelming number of one religious denomination, there would be some resistance. But it's well within the reasonable bounds now. And I don't think it's going to make any difference at all.

LEMON: As David said, we are -- David, it's quite an honor to have Mr. Bork here joining us on CNN.

So, I'm going to -- I will give you the last question here.

Any -- do you have any pearls of wisdom, any advice for the people who may be on the short list, for the people who may be in opposition to who the president is going to appoint, or even to the president of the United States himself in this process?

BORK: To whom is that question addressed?

GERGEN: Judge Bork, I think that's to you.

LEMON: That's to you. That's to you, Mr. Bork.

BORK: Do I have any idea who's on the short list?

LEMON: No. Do you have any -- do you have any advice for anyone in this process, including the president, the opposition, or someone who may be a nominee here?

BORK: Yes. It turns out it's really useful to be able to say that you can't answer that question because it may come before you on the court.

(LAUGHTER)

LEMON: Hey, that -- that -- short, sweet and practical, and some great advice.

Robert Bork, thank you so much. We appreciate it. Best of luck to you, OK?

BORK: Sure thing.

LEMON: Thank you.

David Gergen, as always, we appreciate it.

Wasn't that -- that was quite a treat, wasn't it, David?

GERGEN: Yes, it's good, Don.

LEMON: Yes.

GERGEN: Thank you for -- for asking me to join with the two of you. LEMON: Yes. All right. Thank you.

GERGEN: Take care.

LEMON: I will talk to you soon.

And next on the LIST here: A member of the Stevens inner circle. One of the few people to witness the history, the politics and the power of the Supreme Court will be with us right after the break.

And what do you think was going through the pilot's mind right before their plane veered off the runway? Would you believe prom dates and Corvettes? That's ahead, as the LIST scrolls on.

(COMMERCIAL BREAK)

LEMON: All right, on the retirement list today, it's a story that is topping our news -- Supreme Court Justice John Paul Stevens, he's stepping down after the court recesses this summer.

It's not a big surprise. But it will have a huge impact.

So, let's talk about it now with Diane Amann. She's a former law clerk for Justice Stevens. And she's writing a book about him.

Hey, listen, what a time to write a book. Your timing is -- is -- is good.

DIANE AMANN, FORMER LAW CLERK FOR SUPREME COURT JUSTICE JOHN PAUL STEVENS: Well, thank you.

LEMON: Yes. How are you?

AMANN: Very well. How are you today?

LEMON: What was it -- I'm doing well.

What was it like to work with him?

AMANN: It was a pleasure and an honor.

Justice Stevens is a very kind boss, helped us very much with what we were doing, and any of us who had the privilege of working with him just remain in awe of his amazing intellectual and legal ability.

LEMON: Listen, we said it wasn't a surprise that his announcement would come soon. And it came today. But were you surprised by this?

AMANN: I think many of us remained unsure until we got the message today. It seemed that he was grappling with the decision, and we didn't know quite what to think he would do.

LEMON: Mm-hmm. What years was it? What years did you...

AMANN: In 1988.

LEMON: 1988.

What will you remember about him most? There's always -- people I work with, whether it's a boss or a co-worker, and they have, you know, an unusual quirk, or -- and you remember. You know, you go, oh, that person always does that or this person always does this, or they have some sort of system that have to do every time.

Anything like that that you will remember?

AMANN: Well, I think what struck me was the degree to which he ran his chambers like a law office.

When he came into talk with the clerks, he was often in his shirt sleeves. I remember, one time, having difficulty with a case that dealt with very complex Navy regulations. And I was literally tearing my hair out. And he walked in and said, "What's going on?"

And I said, "I just can't make heads or tails of these -- these, Justice?"

And he literally rolled up his sleeves and said, "OK, let's figure it out together."

LEMON: Wow.

AMANN: And that kind of collegiality and concern for the work was quite striking.

LEMON: Have you spoken to him recently?

AMANN: I visited with him last fall.

LEMON: So, what are we -- what are we losing here? What is the country losing here by his -- in his -- in his retirement?

AMANN: We're losing many things.

The court, in -- in the immediate term, is losing a leader. He has been successful in the last decade in forging coalitions on some of the most important issues of our day, ranging from counterterrorism, to criminal justice, abortion, gay rights, issues like that.

And I think his leadership abilities and ability to get his colleagues to agree on very difficult issues will be something that's very difficult to replace in the short term.

In the long term, we're losing an institutional memory. Justice Stevens first came to the court as a clerk himself in 1947, and worked for Justice Rutledge, and has been a court-watcher and member of the court every year since then. And I don't think there's anyone on the scene right now that has that breadth and depth of understanding of the business of the Supreme Court.

LEMON: Diane Amann, former clerk for Justice Stevens, law clerk, thank you so much. Best of luck to you as well.

AMANN: Thank you.

LEMON: All right.

Hey, listen, you heard what Diane Amman had to say. You heard what David Gergen, Robert Bork had to say.

The president also tweeting here, President Barack Obama. Let's look real quickly here. It says: "Justice Stevens' leadership will be sorely missed. And I thank him for his service. I will move quickly to name a new nominee. This is very important to the country. It affects all of us. This is who's going to be appointed to the highest court in the land next."

From our follow-up list, I want to tell you about a big move for the accused Fort Hood shooter. We will tell you where Nidal Hasan is now and what he's doing. That is ahead.

And the plane's botched takeoff was awful enough, but wait until you hear what the pilots were doing just minutes before -- next.

(COMMERCIAL BREAK)

LEMON: First, I have a question for you. Have you ever been on an airplane with a co-worker killing time before the flight taking off and you're talking about your common interests, right? The next thing you know, you forgot what you were supposed to do?

Well, let me introduce you to two guys who know exactly what that feels like. Their conversation put them at the top of the list that you don't want to be on.

All right, remember this, that plane that ran off a West Virginia runway in January? Well, the cockpit voice recorder transcript was released. And, boy, was it full of conversations. After the pilot and the co-pilot finished their pre-takeoff checklists, they started talking about drinking, sports cars, dream homes, a high school girlfriend, and other stuff.

The plane began building up speed when a warning sounded indicating the plane's flaps were in the wrong position. And that can prevent a plane from having enough lift for takeoff. The transcript the captain immediately tried to abort the takeoff. The plane ran off the end of the mountaintop runway, halting about 100 feet short of the edge of a steep hillside.

FAA rules prohibit cockpit conversations during takeoffs and landings that are not directly related to the flying aircraft. Did you hear that? They prohibit it, not directly related to the flying aircraft.

And that's why captain Thomas Morrow, pilot and first officer Robert Saltsgaver are on the list you don't want to be on.

(BEGIN VIDEO CLIP)

KEVIN STRICKLIN, ADMINISTRATOR FOR COAL MINE SAFETY AND HEALTH, U.S. MINE SAFETY AND HEALTH ADMINISTRATION: We're still in a rescue mode until we're -- until we find out what's going on at that refuge chamber that we have not visited.

(END VIDEO CLIP)

LEMON: You know, there's really no end to the heartbreak in West Virginia this Friday. We will have the very latest on the coal mine disaster. That's straight ahead for you.

(COMMERCIAL BREAK)

LEMON: A story we're watching very closely here.

After being driven out twice by dangerous conditions, rescuers in West Virginia are going back into the Upper Big Branch Mine. Sixteen people are being sent in to see if the conditions are safe. If there's no smoke or toxic gas, they will head for a rescue chamber to see if any of the four missing miners made it inside of that.

(BEGIN VIDEO CLIP)

STRICKLIN: We're right now at 95 hours. So, we're confident that, if they got in there and they were alive, that we would be able to still rescue them.

We're probably somewhere in the vicinity right now, hopefully, of getting in there within 3.5 to four hours to that refuge chamber.

(END VIDEO CLIP)

LEMON: And, at the White House this afternoon, President Obama spoke of the sacrifice of the miners, their families and the rescuers.

(BEGIN VIDEO CLIP)

OBAMA: 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.

I'm also in awe of the courage and selflessness shown by the rescue teams who've risked their lives over and over and over this week for the chance to save another. They've worked around the clock with little sleep for the past few days and this nation owes them a debt of gratitude.

(END VIDEO CLIP)

DON LEMON, CNN ANCHOR: Well, sadly today, the mining community starts burying its dead. This funeral for Billy Willingham is one of four being held today.

Willingham was remembered as man who had three loves -- God, his family and his job. He was just weeks away from retirement when he was killed in that mine blast. He planned to take his wife on their first cruise.

(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.

(END VIDEO CLIP)

LEMON: Newt Gingrich fires up the GOP base and he is just getting started. More on his comments and Sarah Palin's shoutout to President Obama, too. That is ahead.

(COMMERCIAL BREAK)

LEMON: All right, you know the yellow line on that bus that you're not supposed to cross, right? It's not a good idea if you do cross it.

Case in point, our first item in "Las Fotos del Dia." Our list of the day's best video.

All right. This is San Antonio. A bus driver and a passenger playing a rough game of hit for tat. They warmed up with a few choice words. The pitch, the catch, the swing, and as my friend Rick would say, down goes Frazier.

So listen to what that passenger said after that.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I didn't throw anything, that's for sure. I didn't.

(END VIDEO CLIP)

LEMON: It sounds like when I was a kid, I didn't do it, mom. I saw you. I didn't do it. Well, he went on to say that he was on pain medication which probably didn't mix well with the alcohol because he was charged with public intoxication.

Oh and the bus driver has been suspended two days for getting off the bus.

And in South Florida now, a woman, a man and another man in a wheelchair enter a jewelry store. It's not a joke. Once inside, the disabled guy miraculously regains use of his legs.

Man. He maces a guard. The trio makes off with several Rolex watches, 500,000 bucks, that's what they're worth. And oh the woman is a guy. It's a man wearing a wig.

There you go.

Utah. OK so what is that trapped inside that storm drain look? It's a -- cow. Apparently it walked into an opening in the storm drain system and it just got stuck there. So crews came to rescue the cow by tearing up the road, hoisting the cow out. It's now back and on to greener pastures. Let's go out to the links now, shall we? Tiger Woods played through the pressure and ended up near the top of the pack at the Masters, but he was still the target of stinging comments from the Masters' president.

Tiger's comeback on both front. That's ahead.

(BEGIN VIDEO CLIP)

SARAH PALIN (R), FORMER ALASKA GOVERNOR: Now the president, with all the vast nuclear experience that he acquired as a community organizer, all that experience, still no accomplishment to date with North Korea and Iran.

(END VIDEO CLIP)

LEMON: Well, some say turnabout is fair play. President Obama criticized Sarah Palin in a recent interview and she is firing back now. Highlights from her afternoon speech next.

(COMMERCIAL BREAK)

LEMON: If you were watching earlier, you probably saw some of it live. Had to be -- it was interrupted actually by the president coming out to speak. But Sarah Palin took to the stage this afternoon at the Southern Republican Leadership conference in New Orleans.

A parade of top Republicans are appearing there, but Palin's speech was one of the most anticipated and she went after President Obama for mishandling two foreign policy hot spots in her estimation.

(BEGIN VIDEO CLIP)

PALIN: This administration alienates our friends. They treated the Afghan president, Karzai, horribly and then they feigned a surprise when he reacted in kind. They escalated a minor zoning decision into a major breach with Israel, our friend, our closest ally in the Middle East.

Let's remind our president. Jerusalem is not a settlement and Israel is our friend.

(END VIDEO CLIP)

LEMON: You know, and another Palin comment, though, has drawn a response from President Obama. Palin this week criticized the Obama administration's nuclear strategy. The U.S. now says it would not use nuclear weapons against nonnuclear countries that comply with nonproliferation treatment -- treaties, I should say.

Well, Palin called that, quote, "unbelievable," and said no other administration would have ever considered such a step.

President Obama, asked about Palin's comments in an ABC interview, struck back.

(BEGIN VIDEO CLIP)

OBAMA: I really have no response to that. The last I checked Sarah Palin is not much of an expert on nuclear issues. If the secretary of defense and the chairman of the Joint Chiefs of Staff are comfortable with it, I'm probably going to take my advice from them and not from Sarah Palin.

(END VIDEO CLIP)

LEMON: All right, so Palin in her speech then tried to turn that comment around on the president.

(BEGIN VIDEO CLIP)

PALIN: Now, the president, with all the vast nuclear experience that he acquired as a community organizer and as a part-time senator, and as a full-time candidate, all that experience still no accomplishment to date with North Korea and Iran.

(END OF VIDEO CLIP)

LEMON: Well, the president is still a popular subject of the speakers at the New Orleans gathering. Listen to former House speaker Newt Gingrich in his speech just last night.

(BEGIN VIDEO CLIP)

GINGRICH: 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. Now that's where we are.

(END OF VIDEO CLIP)

LEMON: All right, well, you can hear much, much more from Gingrich this weekend as a matter of fact. He'll be Candy Crowley's guest Sunday on CNN's "STATE OF THE UNION". And when we come back, more from New Orleans with another big GOP figure, former congressman J.C. Watts.

And look at who else is at the southern -- there he is right there. Say hi.

(LAUGHTER)

J.C. WATTS (R), FORMER U.S. REPRESENTATIVE: Hi, Don.

LEMON: Hey. And we're going to get -- we'll be right back, but before I just want to say, hey, because you sort of popped up there at the last second. Back in a moment. Back in a moment.

(COMMERCIAL BREAK)

LEMON: All right, so there he is. Let's take a break before we go to him. Our political list today, a very long one, two major retirements and a big Republican gathering underway in New Orleans. And the person I'm talking about is former Oklahoma congressman J.C. Watts who's joining us now from the big easy, just up the road from -- I should say down the road from where I'm from.

Good to see you, and I hope you're enjoying New Orleans. It's really a great, great city. Let's start with this, though.

WATTS: It is.

LEMON: I want to start with the retiring Stupak, but let's talk about it because we heard so many -- I don't know if you've got to hear the statements from Sarah Palin and from Newt Gingrich and people have been talking about the language and the rhetoric being used. What do you make of it?

WATTS: Well, Don, I think what you and I should do is try to position ourselves and get the popcorn and Coke concessions on all of this. Man, it's -- you're going back and forth with the governor and with the -- with the president. You know, the governor here this morning, the president yesterday. It's been pretty interesting.

But I think you -- you know, people that keep up with politics grow accustomed to that and know that that's going to happen on both sides of the aisle. I actually don't see any problem with what the governor did or what the governor said or what the president said yesterday.

I would hope that in all of this, as Dr. King said, we could do it with the Christian love, that we could keep it civilized, but I actually think it's a good thing for the discussion to be had.

LEMON: OK, listen, just for the people at home, and you said it's politics and that's the way you do it. Some people may not think that when they see some of the violence, some people take it too seriously.

Do you have any words of wisdom or caution or anything for the people at home who may be taking some of this a little bit too seriously?

WATTS: Well, I think, Don, the key there is to understand or I recognize that people have the right to be engaged, I would encourage them to be engaged. I also would encourage them to protest, you know--

LEMON: We're not talking about the protesting. We're talking about the violence. We're talking about violence and the name calling and that sort of thing.

WATTS: But I'm saying, Don, you're going to see it on both sides, and what I'm saying is, on both sides, I think we have a responsibility.

LEMON: Congressman, I have to agree congressman, you're going to see it on both sides.

(CROSSTALK)

LEMON: Hang on, hang on. Let me finish my point, you're going to see it on both sides, but we have seen it on the Republican and the conservative side much, much more than on the Democratic side.

The name calling in groups, with signs, calling people, you know, epithets, comparing them to Hitler. We've seen it much more from the conservatives, from the tea party movement.

And listen, I believe in free speech and the right to protest and the right to express yourself. But let's be honest here, it's coming mostly, mainly from one side.

WATTS: Well, but, Don, I'm not arguing that. I'm saying it doesn't matter where it's coming from, if it's Cindy Sheehan, if it's people that said ugly things to Bush.

You know my point is this. We had a situation to where we had a Republican congressman calling, you know, when he said "you lied" to President Obama, that was wrong.

I brought that up with a friend of mine. He said, well, they booed Bush. It doesn't make it right because Democrats booed Bush. It was wrong for both of them to do it. That's the point I'm making.

We shouldn't just focus on one side. I think the press and J.C. Watts, we all have a responsibility to try to raise the dignity and the character of the discussion. And it doesn't matter where it's coming from. Some would try and focus on Republicans, some would try to focus on Democrats.

I think we focus on anybody that's doing it and denounce it and say, it's not -- you know, an eye for an eye doesn't get us where we need to be.

LEMON: And I think that's a good way of putting it, raising the level of discussion and civility. That's why I asked you the question. Thank you for responding.

Let's move on now and talk about Bart Stupak. It is a tough thing, you know as a congressman, to -- not only for you but for your family as well. What do you think of his retirement? He said he didn't really have anything to do with what's happened over the last couple of weeks or couple of months.

It's time for him to go. What do you think of that?

WATTS: Well, Don, Bart's been around for, I want to say, 16, 18 years. I saw his -- some of his announcement this morning and, you know, if you've been around that long, I don't care, Republican, Democrat, it's not a very family friendly arena.

You know every week you're faced with congressional responsibilities, family responsibilities. About 85 percent of the time the family is going to lose. So I think Bart, regardless of his position in the health care debate and all of that discussion, if he feels burned, if he feels burnt, I congratulate him for being able to let go and go home and pay attention to those things that add real wealth and real riches in our lives and that's family and friends.

And so after 18 years, it's time to smell the roses a little bit. He's a good guy and I wish him well and I'm happy for him.

LEMON: Hey, listen, you are so eloquent today. There's so much, much more I wanted to talk to you about, more questions. But you know how this TV thing works. I -- Wolf Blitzer has to get on the air. So we can't spend all out time here.

The former Oklahoma congressman J.C. Watts, thank you so much. I appreciate what you said and your honesty, OK?

WATTS: Thanks, Don, for having me on.

LEMON: All right.

We move on now to the Ben Roethlisberger scandal. It has -- been benched for a few weeks now while the alleged sex assault investigation rolls on. Now there's a new development that we have to tell you about. We're going to bring it to you next.

(COMMERCIAL BREAK)

LEMON: We have a quick followup to this now because there are several developments today on stories that have made RICK'S LIST lately. First this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: Is there anything you want to say (INAUDIBLE)?

ABDULHAKIM MUHAMMAD, SUSPECTED SHOOTER: Death to Obama and peace to Osama.

(END OF VIDEO CLIP)

LEMON: Did you hear what he said? "Death to Obama, peace to Osama," his words not mine. That man is Abdulhakim Muhammad. He is a self- proclaimed Muslim convert charged with shooting and killing two Army privates outside a recruiting station in Little Rock, Arkansas last summer.

He'll go on trial this summer and we'll continue to follow this one for him.

Number two, the man accused of opening fire at Ft. Hood is out of the hospital. Major Nidal Hasan is now at the Bell County jail. This is his booking photo that you're looking at. Thirteen people died in that shooting at the U.S. Army base back in November.

And Pittsburgh Steelers star quarterback Ben Roethlisberger will find out Monday what prosecutors in Georgia plan to do with his case. A 20-year-old woman accused him of assault at a nightclub just last month.

The district attorney has called a news conference for 2:00 p.m. Eastern on Monday. 2:00 p.m. Eastern on Monday. Well, he told CNN today he has completed his investigation and interviews and will let you know what happens. Rick Sanchez will be back and you can tune in for RICK'S LIST for development. I'll show this real quick. Can you show this real quick? Because he is back kind of. There he is.

"Hey, thanks for filling in, T.J and Don. Rick Sanchez will be back on Monday." There's Rick. He's always watching. Always watching. Like Big Brother.

OK, let's talk now about Tiger Woods. He had the best opening round ever at the Masters, but it wasn't without criticism and a little controversy when the FAA got involved. Details straight ahead.

(COMMERCIAL BREAK)

LEMON: This is a funny moment, an interesting moment at the White House. Our White House correspondent Dan Lothian just tweeted about this cute moment. Let's show what Dan says.

He says POTUS, president of the United States, FLOTUS, encounter on driveway outside briefing room. Hey, FLOTUS, I was just looking for you." So anyway, they just got back from a big trip and so they were hanging out. I think they maybe missed each other. Let's listen to it and then we'll talk about it.

(BEGIN VIDEO CLIP)

OBAMA: FLOTUS. I was just looking for you. Let's not do this in front of the cameras. Stop it, guys. I haven't seen my wife today.

(END OF VIDEO CLIP)

(LAUGHTER)

LEMON: So he said let's not do this in front of the camera. "Hey, FLOTUS, I was looking for you. And let's not do this in front of the camera. I miss my wife. He's in Prague, just got back from, of course, dealing today with the coal miners and also with the Supreme Court -- retirement.

All right, so listen, let's talk about Tiger Woods right now. Around the top of the list of leaders at the Masters, here's a familiar face, none other, Tiger Woods. He finished the day at six under par which makes him tied for third place overall.

So going into the tournament yesterday, we wondered how fans would treat him. The crowds were gigantic. They were loud, basically pretty much looked like they did before the sex scandal.

Another big question, will Tiger be back on his game after being away for so long. Turns out, he's had the best opening round ever at the tournament.

Tiger addressed the media after he played yesterday and was asked about his psyche, if he is a changed man. He basically shrugged off the non-sports questions saying that he was just playing golf.

He also talked about his late father and a new Nike ad and about Billy Payne's public rebuke of him on Wednesday.

(BEGIN VIDEO CLIP)

TIGER WOOFS, PROFESSIONAL GOLFER: I think it's very apropos, I think that's what my dad would say.

UNIDENTIFIED MAN: Tiger, I am --

WOODS: 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 son who has lost a father who meant so much in their life -- I think they would understand the spot.

UNIDENTIFIED MAN: Did you learn anything?

WOODS: Yes, sir?

UNIDENIFIED REPORTER: Tiger, Billy Payne said some really pretty tough things about you yesterday. Did he say those to you personally before he said them to all of us? Did you discuss everything?

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

UNIDENIFIED REPORTER: What did he say?

WOODS: I was disappointed myself, too.

(END OF VIDEO CLIP)

LEMON: Tiger, remember that plane towing that bootyism banner, well, apparently, not everyone found it funny. FAA traffic managers in Augusta requested an inspection of the plane and the seatbelt failed to meet standards. The plane will be grounded until it undergoes minor repair. Augusta National, Tiger Woods, mocked him at your own peril.

Suzanne Malveaux picks up everything from here now in THE SITUATION ROOM.