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The Situation Room
Interview Rush Limbaugh Attorney Roy Black; Bush Administration Announces Plans to Strengthen New Orleans Levees
Aired December 15, 2005 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
WOLF BLITZER, CNN ANCHOR: And, to our viewers, you're in THE SITUATION ROOM, where new pictures and -- and information are arriving all the time.
Standing by, CNN reporters across the United States and around the world to bring you the day's top stories.
Happening now, new success and a setback for President Bush. It's 7:00 p.m. here in Washington. The White House celebrates the Iraqi election and touts its new fix-it plan for New Orleans. But, tonight, a deal with Senator John McCain on banning torture is threatened.
The big one that got away. It's 3:00 a.m. Friday in Baghdad, where a top official claims Iraq's most wanted terror suspect was in custody. So, why is he on the loose now?
And the investigation of Rush Limbaugh. Did he illegally use prescription drugs? And is the probe political? Limbaugh's lawyer, Roy Black, joins us here in THE SITUATION ROOM, hoping to clear up some confusion.
I'm Wolf Blitzer. You're in THE SITUATION ROOM.
This hour, many Iraqis may be sleeping a little bit easier, after turning out in droves for their historic and mostly peaceful election.
But there still are major hurdles ahead for Iraq and for the U.S. mission there.
Our chief international correspondent, Christiane Amanpour, is joining us now live from Baghdad.
Christiane, how did it go?
CHRISTIANE AMANPOUR, CNN CHIEF INTERNATIONAL CORRESPONDENT: Well, much, much more peacefully than had been expected.
Of course, there was a massive security clampdown, just as there were the last two times the Iraqis went to the polls in the last year.
This time, though, the difference was that the Sunnis turned out, we think, in very, very high numbers, certainly, from what we have been told and what we have seen with our own eyes. In Baghdad, in the Sunni neighbors, we went and were watching as people cast their ballots. In many of the schools that are turned into polling stations, we saw people come who told us they had boycotted last January. And election officials said that there was a much higher turnout this time than last.
Also, in places such as Tikrit, which was the -- which is the hometown of Saddam Hussein, there was almost no voting there amongst the Sunni population in January, and much, much heavier turnout this time. They told us that they felt they had been marginalized by not voting, and that they wanted to have a voice, and they wanted a balanced parliament, a more balanced parliament -- Wolf.
BLITZER: Christiane, when are we going to know the results of this election?
AMANPOUR: Well, potentially in a week or more.
I think, probably, sort of anecdotal, initial results will slip out, maybe from the parties themselves, but officials results, they expect, in a week or two weeks.
BLITZER: Christiane Amanpour reporting for us from Baghdad -- Christiane, thank you very much.
President Bush is applauding the Iraqi vote, something for him to celebrate, after all the heat he has been taking over the war. He also tried today to put another controversy in the war on terror behind him by reversing course, but he hit a snag along the way.
(BEGIN VIDEOTAPE)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I haven't seen all the tabulations of the vote.
BLITZER (voice-over): This was the photo opportunity the president was eager to take part in, standing shoulder to shoulder with Iraqi expatriates who cast ballots in the U.S. in the historic election back in their homeland.
BUSH: There's a lot of -- lot of joy, as far as I'm concerned, in seeing the Iraqi people accomplish this major milestone in the march to democracy.
BLITZER: This was a more awkward appearance later in the day, Mr. Bush side by side with Senator John McCain, the president saying he now supports McCain's proposed ban on cruel, inhumane and degrading treatment of terror suspects.
And we have been happy to work with him to achieve a common objective, and that is to make it clearer to the world that this government does not torture.
BLITZER: It was an about-face for the Bush White House, which previously threatened to veto the torture ban.
But, in the aftermath of the Abu Ghraib prison scandal, the administration realized a veto wasn't politically smart, and a compromise was struck with McCain, who himself was tortured as a prisoner of war in Vietnam.
SEN. JOHN MCCAIN (R), ARIZONA: This is a done deal. A majority of the House spoke last night. A majority of the Senate has already spoken.
(END VIDEOTAPE)
BLITZER: But, tonight, the agreement on banning torture may not necessarily be a done deal.
The Republican chairman of the House Armed Services Committee, Duncan Hunter , is holding out his support and threatening -- threatening to hold up the ban.
Let's go to our congressional correspondent Ed Henry. He's standing by on Capitol Hill -- Ed.
ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: Wolf, we're getting new information this hour about why Duncan Hunter did not go to the White House to sign on to the deal.
Republican sources are telling us that the White House actually did invite him over to this little victory celebration with Senators John McCain and John Warner. But Hunter told them by telephone he would not come; he could not sign on to the deal, because he is afraid the deal might hurt U.S. troops in the field.
So, the White House then made the decision to go ahead with the celebration. And right after -- afterwards -- they felt, by going with this, this would put Hunter in a corner and that, perhaps, it would seem like a fait accompli, and he would have to sign on.
Right after the meeting, Senator Warner then went back to the Capitol, met with Duncan Hunter. And I'm told it got pretty stormy, Warner laying on the line for Hunter, that he had the commander in chief's word that the troops in the field would not be hurt, and that should be good enough. This meeting happened in the 3:00 hour. But it was not enough.
Duncan Hunter went ahead with his press conference, threatening to pull this deal down.
Take a listen.
(BEGIN VIDEO CLIP)
REP. DUNCAN HUNTER (R), CALIFORNIA: Whether, in a shooting war, you do something that -- that affects your intelligence in such a way that you -- that the administration is not able to guarantee that it will not be degraded, that's a -- kind of a serious thing.
So, if they say affirmatively, we can't make any assurance, this may well degrade our intelligence. I think that's something everyone should consider. (END VIDEO CLIP)
HENRY: But, at this hour, Senators McCain and Warner say they feel confident that -- that, in fact, the White House is going to, tonight, give Duncan Hunter enough assurances that he will sign on.
It could come in the form of a White House letter to Hunter. If -- if that fails, McCain is confident that he has this language, the ban on torture, attached to another separate defense spending bill. And he's confident that one will go through -- Wolf.
BLITZER: Ed Henry, on Capitol Hill, thank you very much.
Despite what many lawmakers say, the attorney general, Alberto Gonzales, says the debate over the McCain amendment has not been about banning torture.
Here, in THE SITUATION ROOM earlier today, Gonzales told me the debate has been about defining limits on the treatment of detainees.
(BEGIN VIDEO CLIP)
ALBERTO GONZALES, ATTORNEY GENERAL: There already is a domestic law against torture. There already is an international prohibition against torture. The president has said, as a matter of policy, we -- the United States government does not engage in torture, does not condone torture under any circumstances.
The debate has been about what constitutes cruel, inhumane and degrading treatment. In some countries, there are court decisions where those words mean you can't even insult someone when you question them.
And, obviously, what we want to ensure is that we have the ability to question and gain valuable information from dangerous terrorists that will help us protect America from another attack.
(END VIDEO CLIP)
BLITZER: He's the most wanted terrorist in Iraq. That would be Abu Musab al-Zarqawi. Now there are new reports he may have been in custody at one point, but managed to get away.
Let's bring in Zain Verjee. She's live at the CNN Center with more on this story -- Zain.
ZAIN VERJEE, CNN CORRESPONDENT: Wolf, Iraq's deputy interior minister confirms to CNN that Abu Musab al-Zarqawi was in the custody of Iraqi security forces last year, but he says Zarqawi was mistakenly released, because, at the time, no one knew who he was.
The deputy minister wouldn't give away any other details. Al- Zarqawi is the head of al Qaeda in Iraq, among the most vicious of the insurgent groups terrorizing the country. And this is not the first report of a chance -- a missed chance to capture him, Wolf. In April, U.S. forces raided a hospital in Ramadi after receiving what military officials call credible intelligence that Zarqawi was there. But, by the time they arrived, there was no sign of al-Zarqawi -- Wolf.
BLITZER: Zain Verjee reporting for us -- thank you, Zain.
And this footnote: Iraq's deputy commanding general has a different view. I spoke with Lieutenant General Naiser Abadi earlier today here in THE SITUATION ROOM. He was in Baghdad. He said that Zarqawi, in effect, had never been in Iraqi military or security custody.
He says that, yes, he was in a hospital. By the time security forces got there, he says, he was gone. He doesn't believe he was ever in the custody of anyone -- anyone's forces.
Meanwhile, back here in the United States, it's a repair project with a $3 billion price tag, and the federal government says it will pick up the tab. Almost four months after Hurricane Katrina, the Bush administration announces it will spend $3 billion to fix and strengthen the levee system in New Orleans.
Details now, Ed Lavandera standing by in New Orleans -- Ed.
ED LAVANDERA, CNN CORRESPONDENT: Hi, Wolf.
Well, repairing the levee system here along the Gulf Coast region is considered to be priority one. The prevailing feeling here is, as the levee goes, so goes the city of New Orleans.
(BEGIN VIDEOTAPE)
LAVANDERA (voice-over): Three billion dollars is what federal officials say it will take to prevent another Katrina-like catastrophe.
DON POWELL, DIRECTOR, FEDERAL GULF COAST RECOVERY: The levee system will be better and safer than it has ever been before.
LAVANDERA: The money will be used to repair the breaches in the New Orleans area levees in time for next year's hurricane season. Concrete and stone will then be used to strengthen the existing 350 miles of levee walls in the city. And so-called state-of-art pumping systems will also be built.
RAY NAGIN (D), MAYOR OF NEW ORLEANS: It's enough money to give us protection that we've never had. Our levee system heights, when Katrina hit, were probably 12 to 13 feet. This design will bring the heights as high as 17 feet.
LAVANDERA: But Katrina roared into New Orleans as a Category 3 hurricane. And what many people here want is a levee system that can withstand a Category 5 storm.
Residents like John Biguenet, who spent the day scrubbing the floor of his flood-damaged home, says anything less will keep businesses and people from coming back home.
JOHN BIGUENET, RESIDENT OF NEW ORLEANS: The only thing that is going to convince the city that it has a future is an absolute commitment from the federal government to give the city hurricane protection. They have failed to do that.
LAVANDERA: But Louisiana state officials say that kind of protection comes with a $30 billion price tag. Governor Kathleen Blanco says, $3 billion is nice, but just a starting point.
GOV. KATHLEEN BLANCO (D), LOUISIANA: Three billion dollars is a good down payment on our future. We have to have a beginning, and -- and it's a great beginning.
(END VIDEOTAPE)
LAVANDERA: And, Wolf, we have heard that repeatedly today from various officials that we have spoken with. They say, this is a good start, but billions more will be needed to secure the long-term -- long-term future of this city -- Wolf.
BLITZER: All right, Ed, thanks very much -- Ed Lavandera in New Orleans.
Let's go back to CNN's Zain Verjee at the CNN Center in Atlanta for a closer look at some other stories making news.
Hi, Zain.
VERJEE: Hi again, Wolf.
A legal victory for tobacco giant Philip Morris -- Philip Morris -- sent its stock shares soaring. The Illinois Supreme Court tossed out a $10 billion verdict against the cigarette maker. It overturned a lower court's decision that the company tricked customers into thinking low-tar cigarettes are safer than full-flavor higher-tar brands. An attorney for one of the plaintiffs says she may appeal to the U.S. Supreme Court.
Senator Hillary Rodham Clinton of New York is the first choice of many Democrats for the 2008 White House race. A CNN/"USA Today"/Gallup poll released today shows, 43 percent of Democrats surveyed favor her as their party's presidential candidate -- tying for an extremely distant second, 2004's unsuccessful Democratic nominee, Senator John Kerry, and Kerry's V.P. pick, former Senator John Edwards. Former New York Mayor Rudy Giuliani is tops among Republicans.
The Ralphs supermarket chain -- chain -- faces federal charges it hires workers under false names and violated other labor laws during a 2003 grocery strike in California. Ralphs is owned by Kroger Company. Today's federal indictment alleges, Ralphs engaged in a company-wide course of criminal conduct. A Ralphs spokeswoman says the company is cooperating with federal investigators and has offered to pay appropriate fines. And now, from our "Aww" file -- and we do actually have a "Aww" file -- you might want to leave your car unlocked after hearing this story. Someone left a $15,000 diamond engagement ring in an unlocked car at a Massachusetts train station last week.
Now, the person also left this anonymous note, which basically said: Thank you for leaving your car door unlocked. Instead of stealing your car, I gave you a present. Hopefully, this will land in the hands of someone you love, for my love is gone now. Merry Christmas.
The man who found the ring in his car is keeping it. And, Wolf, he had it appraised. And it's worth something like $15,000, which clearly begs the question, what's Jack buying us for Christmas?
BLITZER: Let's ask Jack.
Jack, can you imagine someone just leaving a $15,000 ring in your car?
JACK CAFFERTY, CNN ANCHOR: Uh, no. But, if they did, that would be the last time they ever saw it.
What file did you get that story out of, Zain?
VERJEE: The "Aww" file.
CAFFERTY: Oh.
(LAUGHTER)
CAFFERTY: Maybe some file labels...
VERJEE: Do -- do you approve?
CAFFERTY: Maybe some file labels for Christmas.
(LAUGHTER)
VERJEE: That's it? I was kind of hoping it would gleam and it would be a rock that I could dangle around my neck.
CAFFERTY: Yes.
VERJEE: Jack?
CAFFERTY: Dream on.
You know how many people I got waiting in line for those...
(CROSSTALK)
(LAUGHTER)
VERJEE: No. Actually. How many?
(LAUGHTER)
BLITZER: All right, Jack, we have got to move on.
CAFFERTY: Too -- too many.
New York City is facing a possible illegal transit strike midnight tonight. The last transit strike happened in 1980. I lived through it. It was awful.
This time, if it happens, the damage to the city's economy has been estimated as high as $700 million a day. But any strike would be illegal. The Taylor Law prohibits strikes by public employees whose jobs are deemed necessary to the smooth functioning of society, people like cops and firemen, and transit workers.
How it's possible for 33,000 transit workers to hold a city of 8.5 million people hostage by threatening an illegal strike is mind- boggling.
Remember when the air traffic controllers went on strike, 1981? President Reagan told them, go back to work and you will be fired. And, when they didn't go back, they were fired, all 12,000 of them.
Mayor Bloomberg should do the same thing. He should tell the transport workers, you strike, you're fired.
Here's the question: If the Transport Workers Union members go on strike in New York City, should they lose their jobs?
Caffertyfile@CNN.com or CNN.com/caffertyfile.
The trouble is, they impose these fines, Wolf, in the event of a strike, but, then, once everybody goes back to work, the fines, inevitably, are forgiven, so there's really no stick to -- you know, to threaten any sort of meaningful repercussion, if this Taylor Law is violated.
BLITZER: Well...
CAFFERTY: And that's wrong.
BLITZER: If there's a strike, it could be ugly in New York.
Jack, thanks...
CAFFERTY: Oh, it will just be a nightmare.
BLITZER: I think you're right.
Jack, thanks...
CAFFERTY: This place is no fun...
BLITZER: ... very much.
CAFFERTY: ... when everybody's working. BLITZER: We will get the e-mail. That's coming up.
Jack, thank you very much.
Coming up here in THE SITUATION ROOM, inside Iraq's insurgency. What impact will today's vote have on the violence? We will talk to an expert on the ground.
Plus, Rush Limbaugh's drug case -- there are new developments. Are politics behind his legal troubles? He believes the answer is yes. We will get his side of the story.
And, a little bit later, Hail Mary -- a baby tossed from a window and saved -- what a story this is. We will talk to the mom and to the hero.
Stay with us.
(COMMERCIAL BREAK)
BLITZER: Welcome back.
More now on our top story, the historic elections in Iraq.
"TIME" magazine's bureau chief Michael Ware has covered Iraq since 2003. He has covered today's elections. Michael Ware is joining us now live from Baghdad.
Were you surprised it was more peaceful than a lot of us had thought would be the case on this historic case, Michael?
MICHAEL WARE, BAGHDAD BUREAU CHIEF, "TIME": No, Wolf.
Actually, this is exactly how we anticipated it would be. This, today, the level of violence, or the relative absence of violence, has told us a lot about what is going on out there right now in the insurgency.
What we saw are the Baathists, nationalists and Iraqi Islamist groups say, we are going to participate in this political process. I spoke to top Baathist commanders, top Iraqi commanders, who said, I'm going to vote; my men will vote; and then we'll go out and continue the war against the Americans.
The only question mark was Zarqawi's al Qaeda. Would Zarqawi listen to the nationalists and stop fighting for one day? What we have seen, that, unlike one year ago, yes. Zarqawi's al Qaeda did listen to the Iraqis, and we had a relatively violence-free Election Day. We now are seeing who's in charge out there in the insurgency -- Wolf.
BLITZER: So, what does it bode for the insurgency, what happened today? What is your assessment where the Iraqis go from here?
WARE: Well, really, the election, in terms of the day-to-day fight within the insurgency, means very, very little. Much like Saddam's trial, it's irrelevant to the process of the fight. All of these top commanders confirmed in the weeks leading into this election, just like with the first election, just like with the referendum in October, the war will continue. They see that the politics is really just the second track of the same fight.
As they say, we're pursuing a bullets and ballots policy. So, there's a military campaign and a political one. Each track feeds the other. So, as they say: We will not be putting down our weapons until the American troops leave. The political process just gives us another voice.
BLITZER: Michael, how blatant is the Iranian involvement in these elections?
WARE: Well, Wolf, the Iranian influence and intervention here in Iraq is enormous.
We even see the American ambassador, Khalilzad, talking about the extent to which Iran has penetrated this central government, the security forces, the degree to which it's arming and -- and training various groups which are killing American soldiers.
So, we know that the Iranians, just like they did in January, just line they did with the referendum, have pumped untold amounts of money and support, and even material in the -- in terms of posters and printing -- into this election.
BLITZER: Translate, Michael, what all of this means in the short term for the United States military, the 150,000 or so U.S. troops who are still in Iraq.
WARE: Well, what this is going to mean is that the fight against the two principal enemies here in Iraq, al Qaeda and Iran, is inevitably going to continue.
Both of these parties see no point in letting up at this stage. In fact, there's no incentive for them to let up. The grinding fight is going to continue. The upside, however, is that, as we have seen U.S. military intelligence and U.S. ambassadors here on the ground attempt to reach out to the former Baath Party apparatus, essentially, to bring the Baath Party back into the army and into the politics, may have greater prospects than people would have thought.
We saw the Baath and the nationalists exercise some real influence out there in the insurgency today. So, if they're brought back in, that bodes much better for the fight of the insurgency in the long term, if a deal can be done.
BLITZER: Michael Ware of "TIME" magazine -- be careful over there, Michael. Thanks, once again, for joining us.
WARE: Thank you, Wolf.
BLITZER: And still to come here in THE SITUATION ROOM, Rush Limbaugh in hot water over prescription drug use. Is he being prosecuted or persecuted because of politics? An interview with his attorney that you will see only here on CNN.
Plus, New York City bracing for a transit strike that could leave millions stranded and cost the city millions of dollars -- the deadline only hours away. We're watching the news live with you.
Stay with us. You're in THE SITUATION ROOM.
(COMMERCIAL BREAK)
BLITZER: A potentially critical ruling that could have a major impact on the investigation into radio talk show host Rush Limbaugh.
CNN's Brian Todd joining us now with details -- Brian.
BRIAN TODD, CNN CORRESPONDENT: Wolf, Rush Limbaugh's attorney and his legal opponents, Florida state prosecutors, are both claiming victory with this latest ruling.
But there's no indication that we're getting any closer to the talk show host being actually charged in this case.
(BEGIN VIDEOTAPE)
TODD (voice-over): For a man not charged with any crime, Rush Limbaugh has spent two years vigorously defending himself against allegations that he went doctor-shopping for prescription pain medication.
(BEGIN VIDEO CLIP, "THE RUSH LIMBAUGH SHOW")
RUSH LIMBAUGH, RADIO TALK SHOW HOST: An invasion of privacy that no citizen of this republic should endure.
(END VIDEO CLIP)
TODD: This week brings a mixed bag for America's most popular radio talk show host.
A judge in Florida has ruled that prosecutors can subpoena Limbaugh's doctors as part of their investigation. But in the document, obtained by CNN, the judge also ruled the doctors cannot discuss Limbaugh's medical condition with prosecutors or any information Limbaugh might have given them during his care, that is, unless he is formally charged.
Prosecutors are investigating whether Limbaugh went from doctor to doctor to obtain more than 2,000 pills over a six-month period in 2003. In Florida, that's a third-degree felony that could bring a five-year prison sentence. Limbaugh has always maintained his innocence. And his attorney says, he should not be charged.
But, in the fall of 2003, he did admit having a problem, which he blamed on excruciating pain from earlier spinal surgery.
(BEGIN VIDEO CLIP, "THE RUSH LIMBAUGH SHOW")
LIMBAUGH: I am addicted to prescription pain medication.
(END VIDEO CLIP)
TODD: That was just before Limbaugh went into rehab, and just after his former housekeeper sold a story to "The National Enquirer," saying she had illegally sold him thousands of prescription pain pills.
Limbaugh and his attorneys have always denied that claim.
(END VIDEOTAPE)
TODD: Contacted by CNN today, an attorney for Limbaugh's former housekeeper said she has been given immunity and is fully cooperating with authorities.
But, as of late -- as of late this afternoon, an official in the Palm Beach state's attorney's office would not tell us if prosecutors will in fact bring charges against Rush Limbaugh -- Wolf.
BLITZER: All right, Brian, thank you very much.
And, earlier, I talked about these developments with Roy Black, Limbaugh's attorney. He rarely speaks publicly about the case. This is an interview you will see only here on CNN.
(BEGIN VIDEOTAPE)
BLITZER: Roy Black, thanks very much for joining us.
ROY BLACK, ATTORNEY FOR RUSH LIMBAUGH: Good evening, Wolf.
BLITZER: Let's get to the issue at hand.
I guess this has been going on now for two years or so, the allegation made by these prosecutors -- no charges have been filed -- that he was doctor-shopping, in effect, that Rush Limbaugh had 2,000 pills; he got prescriptions from four doctors over a six-month period; is that true?
BLACK: No. Let -- let me make this very clear, Wolf, because there's been so much misreporting about this story.
What happened is that Rush was treated by four doctors, but two of whom were partners. And they prescribed something like 90 percent of the pain pills.
What happens, it's over a period of 212 days. We're dealing with something like 1,750 pills. It comes out to eight a day. This is hardly overwhelming. When people report the story, they put this big figure in there, but don't mention over what period of time this is.
The other two doctors prescribed pills once or twice, or three times, at the most. And this is sort of -- you know, it's blown so far out of proportion, it is sad. BLITZER: Did the other doctors, the two other doctors, know about the prescriptions he was getting from the -- the other two doctors?
BLACK: Well, the doctors certainly know about each other, because they're all in different fields.
We had the two -- two doctors were handling his pain situation. The other two doctors were handling his hearing. So, I don't want to go into all the details about his medical treatments, as we have been trying to keep that private. But they're all treating different things for him. And that's hardly unusual today, that patients see multiple doctors, particularly specialists, for particular problems.
BLITZER: If Rush Limbaugh has nothing to hide and has done nothing wrong, what's the problem with letting the prosecutor speak to the doctors and go through all the records?
BLACK: Well, Rush -- Rush -- Wolf, that's an excellent question. A lot of people ask this all the time. You know what, we have a right of privacy in this country that I think is important for us to hold on to. I mean, we can let prosecutors and police into our bedrooms, search our computers, watch us having sex. We can let them do all these things, but then we would have a police state. We would no longer have a democracy.
I think it's very important to fight these privacy battles. And Rush Limbaugh has taken on this battle of privacy with your doctor. And I think it has really been a public service for him, not only for himself, but everybody else who wants their medical records and medical treatment kept private and not to be disclosed in the press or with police or prosecutors or anyone else who has no business being there.
BLITZER: In this most recent ruling, which was a mixed bag, the fifth circuit court of Florida ruling, December 12, it said this, "the Florida evidence code does not recognize a separate doctor-patient privilege. Likewise, there is no recognized common law privilege of confidentiality as to physician-patient communications." It's not like attorney/client privilege, is it?
BLACK: No. Wolf, I'm glad you asked me this question. That's one of the reasons I took up your invitation to appear on your show. Because there has been so much confusion about this opinion. This opinion clearly comes down on our side.
What the court says is there's no common-law privilege, of course, and we all knew that, but there is a statute. From the beginning, we have been litigating this statute. And what the court says is, I cannot stop the prosecutors from subpoenaing whoever they want, because they have a statutory right to do that, but I can limit them in what they can ask.
And they cannot ask any questions about his medical condition, nor can they ask any questions about the discussions he had during the course of his treatment. So all the things they want to ask these doctors, all the privacy matters they want to get into, the court said unequivocably, they cannot do it.
BLITZER: Rush Limbaugh has made a very serious charge against the prosecutor as recently as yesterday. Let me put it up on the screen. "It's what the legal process has become, you know, people trying to criminalize political enemies and it's taken on a life of its own." Does he feel that the prosecutor in this case is political and is going after Rush Limbaugh strictly for his own political views?
BLACK: Well Wolf, let's look at what went on in this case. You see so many celebrities who announce that they're going into rehabilitation, that they had a prescription pain pill problem. Everybody applauds them, particularly when they are successful. And many of them go multiple times into rehabilitation.
Rush Limbaugh announced on his show he was going into rehabilitation, did it for five weeks. Over two-and-a-half-years-ago, and has totally solved his problem, yet while everybody else is congratulated for that, we now have prosecutors who have spent two- and-a-half years going after his medical records, subpoenaing his doctors, doing all these kinds of things. I think that is unprecedented. And of course Rush thinks it's because of who he is that he's been targeted.
But I will tell you this, in my experience, this intense investigation over somebody who went voluntary into rehabilitation I think is totally unprecedented.
BLITZER: We're out of time, Roy. But do you believe this prosecutor James Martz, is political?
BLACK: Well, I really don't want to get into a political mudfight over this. I can just tell you my experience. I think it is time to end this investigation. This man has totally turned his life around regarding his pain problem. I think he should be congratulated on it like everybody else and he ought to be able to go back to his radio show and exercise his right under the first amendment.
BLITZER: Roy Black, the attorney for Rush Limbaugh, thanks very for joining us.
BLACK: Thank you, Wolf.
BLITZER: And we asked the prosecutor, James Martz, to join us here in THE SITUATION ROOM. His office has not yet responded to our request. If he would like to join us, we would be happy to have his side of the story here in the SITUATION ROOM. He did tell a Florida newspaper this, though, and let me read it. "I would be devastated, and I kid you not, to go forward with a case against Rush Limbaugh or anybody else in the state of Florida to find out at trial that we put somebody through a criminal prosecution wrongly." We'll continue to watch this story for you, our viewers.
Meantime, let's head back to the CNN center in Atlanta. Zain Verjee is standing by with a closer look at some other stores making news around the world -- Zain.
VERJEE: Wolf, Australian legislators are beefing up police powers to crack down on racial unrest. This comes after riots erupted on Sydney on Sunday. The New South Wales state parliament today passed emergency laws to let Sydney police lock down parts of the city. Lawmakers also approved increased rioting penalties. Sydney has been calm for the past few days. Hundreds of additional police have been patrolling the streets.
The United Nations Security Council has extended the investigation into the nation of Lebanon's former prime minister Rafik Hariri by another six months. The vote by the 15-member council was unanimous. The recent report by the investigative team headed by (INAUDIBLE) said Syria was not cooperating with them. Syria says that's not true, it is making ever effort to cooperate with the Hariri investigation.
Rafik Hariri was killed in a car bombing on the 14th of February. The probes chief investigator says he believes Syrian and Lebanese intelligence services were involved.
A sixth person in China has become ill with the potentially fatal bird flu virus. China's health ministry says the patient is a 35- year-old man. More than 70 people in Asia have died of bird flu since 2003. Beijing is also reporting a new bird flu outbreak among ducks on a poultry farm in Eastern China. It says more than 1,600 ducks have died.
Legal trouble for the Tour de France winner in Italy, seven-time champion Lance Armstrong has been ordered to stand trial. He's been accused of chasing and allegedly threatening an Italian cyclist who testified about doping in a case of a doctor associated with Armstrong. The trial scheduled for March. Armstrong could face a fine if he's convicted, but not jail time, Wolf.
BLITZER: All right. Zain, thank you very much. Zain Verjee reporting.
Just ahead here in THE SITUATION ROOM, no room for error on a life-or-death catch. We'll bring you an amazing story about a mother's desperate effort to save her baby.
And if you want to own a piece of Camelot, you're running out of time. We'll take an online look at an auction of JFK memorabilia going on right now. You're in THE SITUATION ROOM.
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BLITZER: It's a question you never want to face. What would you do if you were trapped inside a burning building many flights up with your newborn child? One mother in New York City felt she had only one choice. Let's go to CNN's Mary Snow in New York. She has the details. Incredible story, Mary.
MARY SNOW, CNN CORRESPONDENT: It really is, Wolf. And the 30- year-old Bronx mother had little time to make that crucial choice. And when she did, she said she prayed her baby would wind up in the right hands.
(BEGIN VIDEOTAPE)
SNOW (voice-over): One-month-old, Eric Guzman is oblivious to the disaster he skirted, but his mother says she's still shaky from the moments she realized her third-floor window was the only way out of their burning apartment. She wasn't sure she would survive.
TRACINDA FOXE, MOTHER: At first I wasn't sure he was going to survive. And so I was worried about him.
SNOW: A surveillance video captured the scene outside Tracinda Foxe's apartment when men in her Bronx neighborhood saw her waving something white and heard her cries for help.
FELIX VAZQUEZ, CAUGHT BABY: She was kind of panicking also and at the same time she was scared. And there was so much smoke.
SNOW: Felix Vazquez and three others held out a coat to catch the baby's fall. As Foxe held her baby through the window guards 30 feet above the ground.
VAZQUEZ: She just kept going like this with the baby. The next thing you know she just let the baby go through it.
SNOW: Foxe says she prayed.
FOXE: Please God, let someone caught him. Because I couldn't see. Once he left my hands, I couldn't see it.
VAZQUEZ: So I jumped, boom, grabbed the baby, just push him back, put him in my arms and just around and gave him a quick CPR and took care of the rest.
SNOW: Foxe was rescued by firemen and reunited with her baby.
Now she says she'll also have a tie with Vazquez for life. She's asked him to be Eric's godfather.
(END VIDEOTAPE)
SNOW: Tracinda Foxe says everything was destroyed in her apartment. She and her three children are moved in with relatives, but Foxe says she feels very thankful and considers Felix Vazquez her angel and her hero -- Wolf.
BLITZER: What a catch. And what a hero. Thank God it worked out OK. Thanks, Mary, very much for bringing us that story.
Up next, a strike deadline looming over New York City. What will happen if the city's subways and buses stop running at midnight tonight? Our Ali Velshi, he's on the streets of New York right now getting ready to tell us before the bottom line is. Stay with us.
(COMMERCIAL BREAK) BLITZER: In just a little bit, more than four hours from now, getting around New York City could be a lot harder and uglier. Ali Velshi on the streets of New York, talking about a possible transit strike. Ali, what's going on?
ALI VELSHI, CNN CORRESPONDENT: It's a few hours away. Actually, I was looking over my shoulder, because there's a number of limousines, like these big super-stretch limousines that have pulled up over her. People in New York have the attitude about them that, whatever, it's New York, we can handle it. No one seems particularly worried about this.
But you know what, Wolf, if the transit workers walk off the job at midnight Eastern tonight, it's actually going to have a big effect on the city.
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VELSHI (voice-over): They say if you can make it here, you can make it anywhere. By just making it into the city will be a challenge with transit workers on strike. America's largest city hasn't had a transit strike for 25 years. It's the largest transit system in the country, nearly 5,000 buses cover almost 3,000 miles of route, 468 subway stations are served by 8,000 subway cars. That's more than the rest of the country's subway and commuter railway cars combined.
People who work in the city that never sleeps are going to have to get up earlier to get there. Some major streets will be closed to traffic during the workday so that emergency vehicles can get around. Restrictions are being placed on the city's fleet of 13,000 yellow cabs to prevent gouging, though they will be able to pick up multiple fares.
People driving themselves into the city will need four or more people to cross the bridge or tunnel into Manhattan. If they don't, they can pick up riders at one of the more than 40 carpool staging areas being set up around the city.
Those who can, might just stay away from the theaters, the restaurants and the shops. The city estimates a strike will cost more than $400 million per day in lost business.
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VELSHI: Now, Wolf, we were just hearing that the service that takes us to airports, you know, I'm coming to D.C. tomorrow, has said if there's a strike, they can't even get their in to pick us up and take us out. A lot of the Wall Street firms have hired coaches. The New York Stock Exchange is party to that. They've hired buses to take people in because the trading system actually needs people around.
By and large, though, people are taking precautions. Hotels are filling up, and people seem to be going about their business here in Columbus Circle making their way home. Let's just hope they get to do it the same way tomorrow again -- Wolf.
BLITZER: All right. We'll see you here in THE SITUATION ROOM in Washington. Nice hat, by the way.
VELSHI: All right. Thanks.
BLITZER: All right.
Still to come here in THE SITUATION ROOM. It's happening now, John F. Kennedy memorabilia up for auction. We're online tracking the hot items and the big money bids.
And her pen produces more than just words of wit, author J.K. Rowling writes colorful tales of wizards and witches and a boy named Potter that just make -- might make her "Time" magazine's person of the year. You're in THE SITUATION ROOM.
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BLITZER: Welcome back. Bidding began today in New York on the largest collection of John F. Kennedy memorabilia. The auction is happening right now, even as we speak, and there's a late breaking development. Let's check in with our Internet reporter Jacki Schechner. She's watching it all happen online -- Jacki.
JACKI SCHECHNER, CNN INTERNET CORRESPONDENT: Wolf, we just watched the hotline travel phone go for $15,000. How are we watching it? On eBay, their live auction site.
Take a look at how this works. It's going to show you in just a moment when the lot opens, there's going to be a floor bidder, an Internet bidder. These things get interspersed. You at home can be bidding alongside the people who are actually on the floor at the auction house in Manhattan. See it show up Internet bidder. The next one will come up, it will either be Internet or floor.
We can show you as this moves along, there's some things that have already gone. I wanted to show you what these look like. I wanted to give you an idea if it started to move. That one only went on one bid. You can see this stuff moving very, very quickly.
Some of the things that we've seen gone, I'll take a look at that for you, see if I can close this out and you can take a look at what this looks like. Here are some of the items we have seen. $45,000 for that passport. We took a look at this about a week ago to see what some of the items were. Very impressive. And some of the stuff you can get your hands on, not very expensive, $250 for a signature. This is Kennedy signing his father's name -- Wolf.
BLITZER: Very interesting indeed, Jacki. Thank you very much.
Let's find out what's coming up right at the top of the hour. Paula Zahn standing by with that. Hi, Paula.
PAULA ZAHN, CNN ANCHOR: Hi, Wolf. Thanks so much.
Coming up in just about eight minutes a troubling loophole in our nation's security. Find out why it is so easy to get fake college diplomas and why they could be just the ticket to let in potential terrorists.
Also a baffling medical mystery. People who have insatiable hunger that forces them to eat almost nonstop and never feel full. We're going to meet some people who are dealing with this incurable disorder as you can imagine, Wolf. It is a very tough challenge. You can imagine how people treat them on the street as well.
BLITZER: Oh, my god, that's awful. All right. Paula, thanks very much. "PAULA ZAHN NOW" coming up right at the top of the hour.
Again this year, wizards and witches locked horns in a deadly battle and a boy with a scar on his forehead was right at the center of it all. Now the woman who chronicled his adventure just might become "Time" magazine's person of the year. Here's CNN's Anderson Cooper.
(BEGIN VIDEOTAPE)
ANDERSON COOPER, CNN ANCHOR (voice-over): More than anyone else this year, J. K. Rowling found magic is found between the pages of books. Her latest "Harry Potter and the Half-Blood Prince" sold about 9 million copies in Britain and the U.S. in its first 24 hours alone, making J.K. Rowling a candidate for "Time" magazine's person of the year.
UNIDENTIFIED FEMALE: After about a decade almost of producing these books, one could ask one's self, has this franchises been exhausted? And what she proved this year was that, no, it's not the case, and in fact it's stronger than ever.
She published a book in late spring, early summer that was a huge success, then came a movie. And what this proves is that she not only has been able to convert that first generation of readers, but successive ones after that, not to mention their parents, and that her legacy gets stronger. And that legacy is of reminding people that, in the age of IM'ing, you cannot tear a book out of the hands of a young reader in love with a book.
(END VIDEOTAPE)
COOPER: Our sister publication "Time" magazine announces its pick of the person of the year this Sunday.
Still ahead, if transit workers in New York City go on strike, should their jobs go away? Jack Cafferty wants to know what you think. That's coming up next.
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BLITZER: Let's head right to Jack Cafferty in New York -- Jack.
CAFFERTY: Thanks, Wolf.
New York City facing a possible illegal transit strike at midnight tonight. And if it happens, the damage to this city's economy is estimated to run in the hundreds of millions of dollars a day.
Governor Pataki should consider taking a page out of President Reagan's playbook. In 1981, Reagan fired 12,000 air traffic controllers who went on strike in violation of the law against public employees striking. Here's the question, if the transit union workers do go on strike in New York City, should they be fired?
Micah in New Orleans, "I think the workers should be fired. The displaced Katrina victims in the Tri State area would be happy to take those jobs."
Joe writes, "fire them all. No one wants to live up to the terms of their contracts and obligations. President Fox has trained Mexicans ready to roll."
Holly writes, "of course they should not be fired. The air traffic controllers shouldn't have been fired either. That was a stupid ham-fisted move by another cowboy president. It solved no problems, put passengers in danger, and the same would be true here."
Fred in Sterling, Virginia, "my dad is a retired MTA worker. He paid fines for the last strike. They were not forgiven. My brother drives a bus in Queens for the MTA. These men and women work nonstop to keep New York City running and they deserve respect and a decent raise."
Roy writes, "I've been taking the subway for 20 years. Although there are exceptions, for the most part, subway workers have appeared rude, lazy, sloppy, and in my opinion, already overpaid like New York City taxi drivers. I don't know about firing them, but they are in my opinion already overpaid."
And Steven in Anniston, Alabama, "no, they should not be fired, the transit workers, they should pay them Jack's salary, and then fire Jack."
Well, that would help about three of them until lunch tomorrow. And then after that, they'd be on their own.
BLITZER: It's going to be ugly in New York Tomorrow if this strike happens. I hope it doesn't.
CAFFERTY: Oh, I hope it doesn't happen.
BLITZER: All right. Jack, thanks very much. See you tomorrow. And to our viewers, don't forget, we're in THE SITUATION ROOM Monday through Friday 4:00-6:00 pm Eastern as well as 7:00-8:00 pm Eastern. See you tomorrow.
Let's go back to New York. Paula Zahn is ready to pick up our coverage -- Paula.
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