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The Situation Room
Alito Hearings Under Way
Aired January 10, 2006 - 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: To our viewers, you're in THE SITUATION ROOM, where new pictures 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: Judge Samuel Alito put to the test. It's 7:00 p.m. here in Washington. The Supreme Court nominee's marathon day of questioning is about to end. Still more questioning coming tomorrow. We'll get to the heart of what's been happening in the hearing room on Capitol Hill and what it may mean for Alito, the high court and for the nation.
On the trail of the bomb found at Starbucks. It's 4:00 p.m. in San Francisco, where investigators have a lead. But are customers still afraid?
And an epidemic of diabetes. The epicenter, New York City. But the potentially deadly health threat is growing all across the nation. Could you or someone you love be at risk right now?
I'm Wolf Blitzer. You're in THE SITUATION ROOM.
All that coming up, but we're following a developing story out of Kentucky tonight. Just over one week after the tragic mine accident that killed 12 men in West Virginia, there's word of another accident with another miner trapped right now. A desperate rescue operation is under way to save the miner after a violent rock fall 900 feet inside the mine outside Pikeville in eastern Kentucky.
The mine's roof collapsed, trapping the miner inside. His condition is uncertain. Police and emergency crews are there, and more are racing to the scene. We're following this story as it develops. We're standing by for a live report this hour. We'll get more information for you. But we'll move on to other important news we're following right now as well.
Here in Washington, members of the Senate Judiciary Committee have been pummeling Judge Samuel Alito with questions for hours on end, hoping to try to figure out what kind of Supreme Court justice he'd be. They're about to wrap up their hearings for the day this hour. We'll cut through all the legalese, all the politics. We'll get to the issues and the events that mattered most. We have correspondents standing by. John King has been covering this for us. Brian Todd has details. Ed Henry is on Capitol Hill in the hearing room right now. Let's begin with you, Ed. ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: Wolf, Judge Alito really has been rolling with those punches today. That's good news for the White House, because it suggests the nominee really has not been tripped up. You know, a lot had been made on the eve of these hearings that Alito is no Chief Justice John Roberts, he's not as polished, but it seems that the methodical low-key style that Alito has is really turning this almost into an academic exercise. He's just being so direct and really quieting very many of these controversies, even when he faced a barrage of tough questions right at the start this morning from the Republican Chairman Arlen Specter on the issue of abortion.
Take a listen how he handled it.
(BEGIN VIDEO CLIP)
SEN. ARLEN SPECTER (R-PA), CHAIRMAN, JUDICIARY COMMITTEE: Let me come now to the statement you made in 1985, that the Constitution does not provide a basis for a woman's right to an abortion. Do you agree with that statement today, Judge Alito?
JUDGE SAMUEL ALITO, SUPREME COURT NOMINEE: Well, that was a correct statement of what I thought in 1985 from my vantage point in 1985, and that was as a line attorney in the Department of Justice in the Reagan administration.
Today, if the issue were to come before me, if I am fortunate enough to be confirmed and the issue were to come before me, the first question would be the question that we've been discussing, and that's the issue of stare decisis. And if the analysis were to get beyond that point, then I would have to -- I would approach the question with an open mind.
(END VIDEO CLIP)
HENRY: Picking up on the same script that he laid out in the opening statement yesterday afternoon, that basically he would not take an agenda to the high court.
Democrats feeling frustrated. They think he's been evasive with answers like that. So Senator Chuck Schumer took another run at Judge Alito on the issue of abortion in the last hour, but he was left fairly well flummoxed. Take a listen.
(BEGIN VIDEO CLIP)
SEN. CHARLES SCHUMER (D-NY), JUDICIARY COMMITTEE: Does the Constitution protect the right to free speech?
ALITO: Certainly it does. That's in the First Amendment.
SCHUMER: Then why can't you answer the question of does the Constitution protect the right to an abortion the same way, without talking about stare decisis, without talking about cases, et cetera?
ALITO: Because answering the question of whether the Constitution provides a right to free speech is simply responding to whether there is language in the First Amendment that says that the freedom of speech and freedom of the press can't be abridged.
Asking about the issue of abortion has to do with the interpretation of certain provisions of the Constitution.
(END VIDEO CLIP)
HENRY: Day two of these hearings just wrapped up in the room behind me. They pick up again -- Democrats get another crack at Judge Alito tomorrow morning, 9:30 Eastern Time. But I can tell you, Republicans right now, publicly and privately, feeling very comfortable. They think it's smooth sailing for Judge Alito at this point. Wolf.
BLITZER: Ed Henry, in the hearing room. Thank you very much.
Let's zero in on another of those politically charged lines of questioning that Judge Alito had to endure today, this one about secret wiretaps, the limits of presidential power. Our correspondent Brian Todd has been examining that angle. Brian?
BRIAN TODD, CNN CORRESPONDENT: Wolf, Judge Alito has written and spoken on those issues in the past. And given their prominence right now in the news cycle, senators were eager to press him on them from the very start.
(BEGIN VIDEOTAPE)
TODD (voice-over): Through the first five senators he faced, the cautious nominee tip-toed around questions about presidential power and wiretapping, even when Ted Kennedy pressed him on accusations that he'd favored the executive branch too heavily in the past.
SEN. EDWARD KENNEDY (D-MA), JUDICIARY COMMITTEE: In 1958, in your job application to the Justice Department, you wrote, "I believe very strongly in the supremacy of the elected branches of government." Those are your words, am I right?
ALITO: They are. And that's a very inept phrase. And I...
KENNEDY: Excuse me?
ALITO: It's an inept phrase, and I -- I certainly didn't mean that literally at the time, and I wouldn't say that today. The branches of government are equal.
TODD: Democrats and Republicans kept digging at Judge Alito about President Bush's orders for wiretapping without warrants and the president's insistence that an anti-terror resolution from Congress gave him that authority.
SEN. PATRICK LEAHY (D-VT), JUDICIARY COMMITTEE: Do you believe the president can circumvent the FISA law and bypass the FISA court to conduct warrantless spying on Americans?
ALITO: The president has to comply with the Fourth Amendment, and the president has to comply with the statutes.
TODD: Later, Alito said there may be special circumstances where a warrant isn't needed, but he also said he didn't necessarily agree with his own argument in 1984 that a former attorney general should be immune from a lawsuit by someone who was wiretapped without a warrant.
Analysts say the zigzag makes Alito hard to pin down.
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Certainly in Alito's distant past, there are signs that he is someone who would give the executive a lot of deference when it comes to wiretapping or other kinds of investigations. But in recent years it's much harder to identify where he stands on these very controversial issues.
(END VIDEOTAPE)
TODD: Another legal analyst says Alito was even hedging when he said no person is above the law, and that means the president. That, according to the analyst, depends on how much power the president thinks the law gives him.
Now, Americans themselves seem to be hedging on the wiretapping issue. A new CNN/"USA Today"/Gallup poll shows squarely half those surveyed feel the Bush administration's order for wiretapping without a court order is right; 46 percent believe it's wrong. Wolf.
BLITZER: Brian Todd reporting. Thank you, Brian, very much.
Another point of contention in the hearing room today, Alito's association with a controversial conservative group. In a 1985 application for a job in the Reagan Justice Department, Alito stated he was a member of a group called Concerned Alumni of Princeton, or CAP. The group was known for opposing women, minorities attending the school. Some Democrats hit Alito hard on this point, noting his own father was an Italian immigrant.
(BEGIN VIDEO CLIP)
LEAHY: Why in heaven's name, Judge, with your background and what your father faced, why in heaven's name were you proud of being part of CAP?
ALITO: Well, Senator, I have racked my memory about this issue, and I really have no specific recollection of that organization.
(END VIDEO CLIP)
BLITZER: Asked if he's against college admission for women and minorities, Alito said "absolutely not."
If Democrats were going for a gotcha moment with Judge Alito, they may have left the hearing room disappointed. Let's bring in our chief national correspondent, John King. What's the sense up on Capitol Hill right now, John? Were Democrats tough enough with Alito? JOHN KING, CNN CHIEF NATIONAL CORRESPONDENT: Well, they certainly tried to be tough, Wolf. Were they tough enough? That's -- if you'd asked Republicans or Democrats, you'd get a very different answer.
Certainly, the Democrats especially -- the issue you were just mentioning, CAP, his association with that group, the conservative Princeton group, Democrats are quite frustrated there. And they say it's simply not credible to them that Judge Alito can't recall back in 1985 why he would have put that on his resume, why he would have boasted about being part of that organization. Sure, they say, perhaps if he said -- if he was just talking about what he did in his college days, but this is when he was in the Reagan administration. He could answer in great detail a number of other questions about that job application, about other decisions back in the Reagan days. So Democrats are saying, in their view, there's a bit of a credibility gap there. But in terms of getting him to say something that would have tripped up his path to confirmation -- no, they don't believe he said anything at all today. They are frustrated with some of his answers. Publicly, they say he was evasive; privately, they are saying he was effective.
BLITZER: So he did pretty well considering the absolute essential point for him was to cause no damage.
KING: The essential point is to cause no damage. And while we focus on the tough questions from the Democrats, the key issue here is does Judge Alito lose any Republican votes?
Republicans have the majority. As long as he keeps those votes, he will have enough to be confirmed. There's a growing sense among the Democrats that there is nothing so far that would justify staging a filibuster. For the Democrats, so far it has been frustrating.
It was interesting, Senator Feinstein today tied to draw him out, not so much on the issue of Roe v. Wade, which a lot of people are focusing on, but what were his views on what would be an undue burden to abortion? Should a state or federal restriction on abortion rights have to have an exemption for health or life of the woman involved?
Those are the key questions. The definitions about the Supreme Court test now on those issues were written by Sandra Day O'Connor, who Justice Alito would replace. Those are the cases in the pipeline. She tried very hard to get him to be more forthcoming on that, but he was very careful.
BLITZER: John King reporting for us. Thanks, John, very much. Zain Verjee is joining us now from the CNN Center, Zain is following a developing story. Zain. What's going on?
ZAIN VERJEE, CNN ANCHOR: An update, Wolf, on a story we've been following all day, from central Florida. The Osceola County Sheriff's's Office says armed two suspects are involved in a hostage standoff at a bank near Disney World. A SWAT team, hostage negotiators and FBI agents are on the scene.
Three hostages have been released now. Police are saying at least one hostage is still being held. It's not known for sure exactly how many people are inside. The same bank was robbed in November. Our producer Rich Phillips is on the scene now with some new developments. Rich, what can you tell us about what's happening now?
RICH PHILLIPS, CNN PRODUCER: Well, Zain, as you know, we've been following this story all day -- this hostage standoff going on since about 9:30 this morning. Literally a few minutes ago, police tried to gain entry to the bank by using some sort of grenade where they actually blew the back door of the bank open.
When that happened, the two hostage takers, along with the lone hostage -- they have only one hostage, a female, we're told by police -- ran out the front of the bank and climbed into the vehicle, a Lexus car, belonging to one of the bank employees, where they tried to make a get-away.
That's the two hostage takers, with the hostage. They drove a short distance, when their tires were flattened by police and the car actually did a little bit of a figure eight, or an oval, came back near the bank, and is now parked in front of a computer store right next door to the bank, where essentially, we're back at another standoff right now, where police here with the Sheriff's Department and the FBI are trying to communicate with the hostage takers, trying to bring a peaceful end to this situation that has been going on all day.
For our own security -- the press, that is -- we've been asked to move back a decent distance here, because they know these people are armed. And we're just waiting to see how this all comes about now.
VERJEE: Is there any indication of the condition of the one hostage still remaining?
PHILLIPS: No, not at this point, Zain. It's awfully dark out there -- certainly not from our vantage point here. That's for sure.
VERJEE: Rich Phillips on the scene, reporting some new developments for us. Thanks a lot, Rich. Let's go back to Wolf in THE SITUATION ROOM. Wolf, I missed both you and Jack, so I thought I'd pop in to work for a cup of tea and say hello.
BLITZER: We missed you too, Zain. I don't know about Jack Cafferty.
JACK CAFFERTY, CNN ANCHOR: She was a lot younger the last time I saw her. Been gone a long time, haven't you?
VERJEE: Two weeks of resting, sleeping, eating really ages people.
CAFFERTY: It seemed much longer. Things aren't the same when you're not here.
VERJEE: Oh, thank you, Jackie.
BLITZER: Go ahead, Jack.
CAFFERTY: You're supposed to introduce me, Wolf
BLITZER: Jack Cafferty is in New York with the "Cafferty File."
CAFFERTY: You know, Judge Alito, for a while there today, resembled a defendant in a Senate racketeering investigation. That answer, Senator, I don't recall, to the best of my recollection, any of the details about the situation to which you're referring.
How do you not remember being a member of this controversial conservative on-campus organization when you were attending Princeton? I ain't buying that. That's a weasel job he was running on everybody there.
When it comes to these hearings, a big difference between the passion of activists on both the left and right and the detachment of the general public. According to the "Washington Post", polls indicate most people aren't engaged by these hearings. I can't imagine that. They're so exciting.
The next Supreme Court justice will have an impact, of course, on millions of our lives. But it's worth noting that the hearings take place when most people are at work. And after a long day at the office, you can make the argument that coming home to the Alito confirmation hearings doesn't rank quite as high as perhaps a bubble bath and the latest issue of "People" magazine.
Here is the question. How important is the next Supreme Court justice to your life? You can email us your thoughts to CaffertyFile@CNN.com. Or go to CNN.com/CaffertyFile. Do you remember the organizations you belonged to in college? I bet you do.
BLITZER: I can't be sure I remember every single detail of my years. Those were formative turbulent years, Jack.
CAFFERTY: I understand where you're going with that. I appreciate what you're saying.
BLITZER: I do remember some organizations, but we'll discuss that offline.
Coming up, that developing story we're following, another miner trapped 900 feet below earth. Rescue workers are on the scene trying to save him right now. We'll get more details. We'll go to the scene.
Plus Starbucks, that explosive that was found there. Who put that homemade bomb in the bathroom? We're looking at the investigation. And Osama bin Laden, inside the mind of the world's most wanted man, from the people who know him personally. Find out why he couldn't be happier about what's going on in Iraq right now.
And quiet epidemic, diabetes raging out of control, find out why some public health officials are sounding the alarm bells. You're in THE SITUATION ROOM.
(COMMERCIAL BREAK) BLITZER: We want to follow up on that story that was breaking last night in THE SITUATION ROOM. An explosive device found in the bathroom of a San Francisco Starbucks. Now investigators say they have a pretty good lead as they search for the person or persons who planted it.
CNN's Sumi Das is joining us now live from San Francisco with the latest. Sumi?
SUMI DAS, CNN CORRESPONDENT: Thanks very much, Wolf. Well in connection with the incident that took place here at Starbucks yesterday, the San Francisco Police Department has released photos of what they are calling a subject of interest.
It appears that these images were captured by surveillance cameras located inside the Starbucks shop. Police describe the subject as a white male, six-foot, two, 200 pounds, medium build with shoulder-length sandy brownish hair. As the police investigation advanced today, Starbucks employees served up coffee to customers as they normally would.
(BEGIN VIDEOTAPE)
DAS (voice-over): Only a single clue hinted that something out of the ordinary occurred at this Starbucks in San Francisco on Monday. The bathroom where a suspicious device was found remained closed by request of the San Francisco Police Department. A source within the police department has told CNN the device was a large firecracker housed in an empty flashlight case. Starbucks would not comment on the situation, but issued a short statement.
UNIDENTIFIED FEMALE: The safety of our employees and our customers is one of Starbucks' highest priorities. All of our employees and customers who were in there yesterday are safe.
DAS: Regulars were talked to expressed concern, but say the incident won't prevent them from returning to their coffee haunt.
UNIDENTIFIED FEMALE: I figure if it didn't work here, this is safe for now. They'll try someplace else.
DAS: Vandals hit several San Francisco Starbucks shops in 2003. They left literature indicating they were protesting Starbucks' business practices. The San Francisco Police Department says no literature was found on Monday.
(END VIDEOTAPE) DAS: The San Francisco Police Department is leading the investigation into this incident, but they are not working alone. The Bureau of Alcohol Tobacco and Firearms is providing some assistance. Wolf.
BLITZER: Sumi Das reporting for us from San Francisco. Thanks, Sumi, very much.
CNN's Zain Verjee, once again joining us from the CNN Center with a closer look at other stories making news around the world. Once again, hi Zain.
VERJEE: Hi again, Wolf. The Turkish government is scrambling to sustain the spread of bird flu, as the number of confirmed human cases in the country rises to 15. Authorities announced they've opened a bird flu crisis center in Ankara. Two poor neighborhoods in Istanbul have been quarantined. And mass killings of poultry are taking place in a quarter of Turkey's 81 provinces.
Doctors say Israeli Prime Minister Ariel Sharon is showing increased brain function following that massive stroke he suffered last week. They say Mr. Sharon is moving limbs on both sides of his body, a sign of neurological progress. They also report that his vital signs have stabilized. Doctors are gradually reducing the drugs to keep him in a medically-induced coma.
And there's more evidence today discrediting a South Korean researcher who essentially claimed to have cloned human embryos. A panel of academic investigators now says that Hwang Woo-suk fabricated evidence and faked two landmark papers. But the panel upheld his claim to have created the world's first cloned dog called Snuppy.
And in Saudi Arabia today, more than two million pilgrims streamed into a valley east of Mecca for a ceremonial stoning of Satan. It's the final rite in the annual pilgrimage known as the Hajj. Now the entire ritual lasts about six days. Every able-bodied Muslim is required to make the pilgrimage to Mecca at least once in their life. Wolf.
BLITZER: CNN's Zain Verjee reporting for us. And Zain covered the Hajj last year. You remember that well. It must be awesome to be there, Zain.
VERJEE: Yes, it was really incredible. I mean, you have more than two million people in a very small space, all highly emotional, being there for the first time usually in their lives, having faced the kab (ph) of this direction for all their lives.
And you really get a sense of the diversity of this faith and the plurality because you see Muslims from all over the world, from the United States, India, Pakistan, Europe, Africa, and they all sort of pray and get involved in this ritual as one people.
BLITZER: I remember your amazing dispatches from last year, they were excellent. Zain, thank you very much. There's another developing story we're following. We reported it at the top of this hour -- another miner being trapped right now, 900 feet below earth. Rescue workers are on the scene trying to save him. We're continuing to pursue this story. We'll get the latest for you.
Also, what is Osama bin Laden really like? Some of those who know him are speaking out on the world's most-wanted terrorist. We'll tell you what they're saying. You're in THE SITUATION ROOM.
(COMMERCIAL BREAK) BLITZER: Right now, many Western nations are furious with Iran, this after the Iranian regime resumed its nuclear search activities today, breaking the seals on equipment used in its nuclear program. The Iranian government reiterated its stance that its nuclear work is solely for peaceful purposes. But the White House press secretary had this warning.
(BEGIN VIDEO CLIP)
SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: There is a growing majority within the international community that is telling Iran that if it does not come into compliance, if it does not negotiate in good faith, there is only one option that will be left. And that is referral to the security council.
(END VIDEO CLIP)
BLITZER: Our chief international correspondent, Christiane Amanpour is in Tehran. She's joining us, she has more. Christiane?
CHRISTIANE AMANPOUR, CNN CHIEF INTERNATIONAL CORRESPONDENT: Wolf, Iran today announced that it has removed the seals from its nuclear research facilities at the Natanz plant. It says it did so in the presence of IAEA inspectors who came specially to monitor this process.
Iran has been threatening to restart its nuclear activities, ever since President Mahmoud Ahmadinejad came to power last summer. It said this is its right under the Nuclear Non-Proliferation Treaty, a right that is non-negotiable.
Nonetheless, the Europeans, which had persuaded Iran into a voluntary moratorium for the better part of the last two years, are now very angry and say that Iran has taken an unnecessary and confrontational step.
The IAEA director has said that his patience is running out with Iran. And now it remains to be seen exactly what happens. Will Iran be able to continue these processes or will it lead to further punitive measures, such as sanctions or the like by the U.N. Security Council. Wolf.
BLITZER: Christiane Amanpour, thank you very much. Christiane's in Iran right now. Stay with CNN, right here in THE SITUATION ROOM. We'll have all of Christiane's exclusive reports coming up over the next several days.
Meanwhile, in the fight for Iraq, President Bush is laying down markers for the year ahead. In the process, he's delivering a warning to critics hoping to use Iraq as a weapon in the 2006 congressional elections. Let's go to the White House. Our correspondent Suzanne Malveaux has details. Suzanne?
SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well Wolf, of course considering the level of bloodshed in Iraq this month, as well as that American missing journalist kidnapped in Baghdad over the weekend, as well as the aggressive move by Iraq's neighbor Iran, there is increasing pressure on President Bush to win support on the war on terror.
(BEGIN VIDEOTAPE)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Our goal in Iraq is victory.
MALVEUAX (voice over): President Bush before the Veterans of Foreign Wars, trying to prepare the American people for what's to come.
BUSH: We will see more tough fighting, and we will see more sacrifice in 2006.
MALVEAUX: With an increase in violence, political uncertainty as well.
BUSH: In the weeks ahead, Americans will likely see a good deal of political turmoil in Iraq. As different factions and leaders compete for position and jockey for power.
MALVEUAX: The White House is now drawing on numerous approaches to try to win American support for U.S. mission in Iraq by setting low expectations.
BUSH: We shouldn't be surprised if Iraqis make mistakes and face setbacks.
MALVEUAX: Offering more detail.
BUSH: We can decrease combat forces in Iraq from 17 to 16 brigades by the spring of 2006.
MALVEAUX: And even citing polls.
BUSH: Today seven in 10 Iraqis say their lives are going well.
MALVEAUX: The White House's goal for this year is to lessen America's burden. They president urged not only Iraqis to step up but the international community as well which pledged more than $13 billion in Iraqi assistance.
BUSH: Many nations have been slow to make good on their commitments. MALVEAUX: And with his eye on the Congressional mid-term elections, Mr. Bush also tried to set the terms on the Iraq debate -- warning his critics, voters would make them pay for harsh remarks.
BUSH: Partisan critics who claimed that we acted in Iraq because of oil, or because of Israel or because we mislead the American people
(END VIDEOTAPE)
MALVEAUX (on camera): President Bush will see how that message plays out tomorrow with the American people when he travels to Louisville, Kentucky.
BLITZER: Thank you very much. Let's check in with CNN's Anderson Cooper for a preview of what's coming up later tonight.
ANDERSON COOPER, CNN ANCHOR: Wolf 360 at 10:00 we'll bring you the latest on the Alito hearings.
We'll also show you an amazing story out of Utah, a woman working in a counter in a check cashing business, a man bursts through the door, pulls out a gun makes her open the safe and tries to force her into the back room of the store. What happens next is amazing. We'll tell you all about it. All of it was caught on tape.
Also, if you had to bet, would you say caffeine if good for you or bad to for you?
BLITZER: Bad
COOPER: You're so naive.
BLITZER: I drink coffee, I want you to know.
COOPER: I know, there's a big decaf machine in THE SITUATION ROOM from what I hear. We're going to bring you some surprising information about caffeine and what it does for your body, some good news, as part of our "Mind and Body" series. All of that and more at 10:00 Eastern Time.
BLITZER: So, Anderson, I don't have to feel guilty about drinking coffee?
COOPER: I don't want to give it away. That's why they call it a tease, but down a couple more cups.
BLITZER: Anderson, thanks very much. Coming up, the miner trapped 900 feet under the earth. Rescue workers are on the scene. They're tying to save him right now. We're about to go there and get the latest information. That's coming up.
Also, we'll have a candid look of the world's most wanted terrorist from those who know him. There's a riveting new book that has just come out. We're going to be speaking live with the author, CNN terrorism analyst Peter Bergen. You're in THE SITUATION ROOM.
(COMMERCIAL BREAK)
BLITZER: He hasn't been seen or heard from in more than a year. But Osama bin Laden remains the world's most wanted terrorist.
CNN terrorism analyst Peter Bergen has written an important new book on Osama bin Laden, it's called "The Osama bin Laden I Know: An Oral History of al Qaeda's Leader."
Peter is joining us from New York. Congratulations, Peter, on this book. Before we get to the book, per se, are you among those who remain convinced Osama bin Laden is still alive?
PETER BERGEN, CNN TERRORISM ANALYST: Definitely. There's no evidence he's dead, Wolf. I think if bin Laden died, the jihadist Web sites around the world would light up with the fact that at last bin Laden got his wish that he be martyred. This is something that these guys would celebrate. We would hear a lot about bin Laden if he had already died.
BLITZER: How come we always hear every few months it seems, sometimes every few weeks, from Ayman al-Zawahiri, his number two. But for more than a year now, since before the U.S. presidential election, we have not heard or seen from Osama bin Laden ?
BERGEN: I'm sort of an agnostic about that. I don't know why we haven't heard from him. There was one period after the battle of Tora Bora in December of 2001 where we didn't hear from him in almost a year. This is now longer than that period.
There's a precedent for not hearing from him for some period of time that we've seen before. I don't really attach any significance to it. I think we'll hear from him when he has something significant he wants to say.
BLITZER: Lots of provocative things in your new book, "The Osama bin Laden I Know." On page 350 you write this -- "The United States war in Iraq has energized al Qaeda, its affiliated groups and like- minded jihadists around the world. What has happened in Iraq is what bin Laden could not have hoped for in his wildest dreams."
Do you want to explain what you mean there?
BERGEN: Well, I think they wanted to drag us into Afghanistan after 9/11 and have a Soviet-style invasion by the American Army and mount a guerrilla campaign. It didn't happen. It was conducted with something like 300 U.S. Special Forces and a lot of Afghans on the ground. What we're seeing in Iraq is what the Soviets did in Afghanistan, which is large numbers of Americans in Iraq on the ground presenting attractive targets. I think al Qaeda was very damaged in the post-9/11 period. Iraq has sort of reenergized them. Zarqawi, who leads the insurgency in Iraq, as you know, in 2004 pledged allegiance to bin Laden. So I think bin Laden must be very happy about what's happening in Iraq. We're seeing, recently there was a Belgian female who committed suicide attack in Iraq. This is unprecedented. We're seeing women with European passports going in and trying to attack Americans in Iraq. These are kinds of things bin Laden would be happy about.
BLITZER: Why hasn't there been, al Qaeda, Osama bin Laden operation terrorist attack against the United States, in the United States since 9/11?
BERGEN: I think two reasons. One of the things that happened post-9/11, was the American Muslim community completely rejected the al Qaeda ideology. That's not true in Britain, as we saw with he London attacks, or in Madrid with the attacks there in 2004. The second reason is I don't think there are American sleeper cells. If there are sleeper cells, at this point they're so asleep they're effectively dead.
We haven't seen the attack because the American Muslim community has not signed on to the al Qaeda ideology, rather has rejected it. I don't think we've seen American sleeper cells in the country. There's never really been a problem with domestic sleeper cells anyway. When we've been attacked by terrorists, it was generally people coming from outside the country. That was true on 9/11, when they tried to blow up Los Angeles International Airport back in 1999.
BLITZER: One additional quote from your book, and I'll put it on the screen, "Although it is certainly the case that the global jihadist movement will carry on, whatever bin Laden's fate, it would be dangerously wrong to assume that it doesn't really matter weather or not he is apprehended."
It does matter, doesn't it?
BERGEN: Well, I think the justice for victims of 9/11. But also, it would be an incredibly important symbolic victory. And most Americans, when you're polled on this question, recognize that getting bin Laden is an important operation, that it may happen tomorrow, it may happen several years from now. But I think if we can capture him and put him on trial in some, perhaps international court, this would be a very good thing. What he wants is to be captured and killed. He wants to be martyred. I don't think we should give him this martyrdom. I think we should put him on trial for his crimes. Give him a little bit of Saddam Hussein treatment, check him for headlights and puncture his sort of mythic persona.
BLITZER: And this picture, we're showing, Peter is you, Osama bin Laden, Peter Arnett on the other side. That's when you met with Osama bin Laden. What year was that?
BERGEN: That was 1997.
BLITZER: Peter Bergen's got an important new book entitled, "The Osama bin Laden I Know." Appreciate it very much. Good luck with the book, Peter.
BERGEN: Thank you.
BLITZER: Up next, another mine accident and another trapped miner. We'll have the latest on the miner trapped right now in Kentucky, and the operation -- it's a desperate operation happening now to try to save him.
And why are so many New Yorkers being diagnosed with diabetes? Our Mary Snow will explain.
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BLITZER: We want to update you on that developing story we've been reporting to you about on that situation in eastern Kentucky. After last week's mining tragedy in West Virginia, another miner is trapped now 900 feet in the ground.
There's a desperate rescue operation under way right now to save him. Officials have not been able to establish communications with him, and his condition is uncertain. It happened after a rock fall some 900 feet inside the mine, outside Pikeville, Kentucky. The mine's roof collapsed, we're told, trapping the man inside. Emergency crews are now on the scene. More are on the way. On the phone with us now is Davitt McAteer. He ran the Mine Safety and Health Administration under President Clinton. He's now overseeing investigations into what happened in last week's tragedy in West Virginia. Davitt, thanks very much for joining us. What do you make? I know the information is sketchy, but what's happening in Kentucky right now?
DAVITT MCATEER, FORMER DIR., MINE SAFETY AND HEALTH ADMINISTRATION: Well Wolf, the most common cause of deaths in the mines in our country is traditionally one half of the mine deaths occur because of roof falls, so it's a very common occurrence.
And the mines use a system to try to shore up the roof above them. And that is simply putting up roof bolts into them, and they bolt together the thin seams of the rock above it. And sometimes those bolts don't hold or the seam itself drops down -- the rock seam, it drops down.
It sounds like it -- and it's just speculating, of course -- that it is a substantial size drop, because to be trapped by it would be a fairly major drop would have to have occurred.
BLITZER: Nine-hundred feet below the ground. How are rescue workers trained to deal with an incident like this?
MCATEER: Well, 900 -- a mine is typically 800 to 900 feet in this country. And so it would be a shaft down or a drift down to that. And they'll go down on the cage, right up to the area, assess the roof. First thing they have to do is assess the roof so further falls don't occur, then begin the effort to try to either go over the fall, or to remove it. Typically they would try to go over it for the speed and try to break their way through. So removing some of it so that they could in fact make their way into the second section of the mine, where the miner was trapped to bring him out.
BLITZER: Davitt McAteer, thanks very much, as usual for joining us. Good luck with your investigation into the West Virginia mining disaster. Any word how long it's going to take you to come to some conclusions?
MCATEER: We're targeting July 1 as the date for us to bring this report to the governor.
BLITZER: Good luck to you. Good luck to everyone involved. Davitt McAteer, thanks very much.
Let's go to our Internet reporter Abbi Tatton, she has some details now on that Kentucky mine. What are you picking up, Abbi?
ABBI TATTON, CNN INTERNET REPORTER: Wolf, that mine in Pike County, in eastern Kentucky here. You can see from the map, if we overlay the coal seams, which is what this map shows here, what a heavy coal producing region this is near to the Virginia border.
If you go to the Mine Safety and Health Administration, this site. This is the government agency in charge of inspections of mines across the country. It's the site we became very familiar with during the Sago Mine accident -- listing details for this Maverick Mine in eastern Kentucky -- different from the Sago Mine in that its status is listed as non-producing. The status of the Sago Mine was an active mine.
Also, one investigation, one inspection there under way. No violations cited on this particular mine on this Web site. Wolf.
BLITZER: Abbi, thank you very much. Up next, a silent epidemic spreading throughout the country, beginning right now, really focusing in on New York City. Get this, one out of eight New Yorkers has it and it's largely preventable. Mary Snow's been working this story. She's standing by with details.
Plus, how important is the next Supreme Court justice to your life? Jack Cafferty has the "Cafferty File," answers to his question of this hour. All that still to come.
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BLITZER: It's a silent epidemic sweeping through New York City and the nation -- that epidemic, diabetes. CNN's Mary Snow is joining us now with some startling numbers and the reasons behind them. What's going on, Mary?
MARY SNOW, CNN CORRESPONDENT: Well, Wolf, this Sunday, New York's health commissioner says the city will become the first in the nation to track test results of diabetics. It's part of the effort to stem the epidemic, which officials say affects one in eight New Yorkers.
(BEGIN VIDEOTAPE)
SNOW (voice-over): Here in New York's East Harlem, whether it's someone struggling to walk or suffering from failing eyesight, the effects of diabetes are just about everywhere.
DR. CAROL HOROWITZ, MT. SINAI HOSPITAL: This is in my opinion the epicenter of diabetes in New York City, and one of the epicenters in the United States.
SNOW: Dr. Carol Horowitz says one in seven people in this community are diabetic. That's higher than New York's average. She sees many cases like Ana Lugo (ph), where diabetes has taken a toll on her limbs.
ANA LUGO, DIABETES PATIENT: They get swollen, and you know, my eye vision, not too good.
SNOW: Lugo (ph), who is Hispanic, is among the minority groups who are more susceptible to diabetes, doctors say. This community is largely minority, part of the reason why the diabetes rate is so high. But doctors point to the surge in type II diabetes, as it's known, to the rise of obesity. They say it can be controlled to prevent serious health problems, but often it's not.
HOROWITZ: Why aren't we all really upset about this epidemic? Why aren't we all stopping what we're doing and trying to figure out how to prevent people from getting diabetes, how to help people live when they have diabetes?
SNOW: Getting diabetes is on the mind of this 58-year-old woman Gladys Gene (ph), who approached Dr. Horowitz for a glucose test. Within moments, her nervous laughter quickly changed. A blood sugar level that is higher than normal, and shows she is at risk for diabetes.
HOROWITZ: What are you thinking?
GLADYS GENE, PATIENT: I'm going to die early.
HOROWITZ: But doctors say diabetes isn't a death sentence if it's controlled through diet, exercise and medication. But it is an uphill battle, with an estimated 21 million Americans with the diagnosis.
Dr. Horowitz says she's taking it one patient at a time.
HOROWITZ: Are we going to be upset, or are we going to fight it together?
UNIDENTIFIED FEMALE: Fight.
(END VIDEOTAPE)
SNOW: And another startling statistic. The Centers for Disease Control estimates that more than 40 million people in the United States have a pre-diabetes condition, with an alarming number of children being diagnosed with the disease. Wolf.
BLITZER: The first thing everyone has to do is get themselves tested. This is critically important. Mary, excellent piece. Thank you very much for that.
Let's find out what's coming up right at the top of the hour. That means Paula Zahn must be standing by. Hi, Paula.
PAULA ZAHN, CNN ANCHOR: Hi, Wolf. Thanks so much. Just about seven minutes from now, some pictures you've never seen before, and you will only see it here on CNN. We're going to take you inside a terrorist attack in Saudi Arabia. You're going to find out how Americans miraculously survived.
Also, a health warning about a very simple pleasure. Why could getting your toenails done lead to a painful, disfiguring problems with your leg? Please join me at the top of the hour for disturbing results of a nationwide investigation we conducted. I don't know, Wolf, it makes a lot of us women who've seen this piece think twice about ever caring what our nails look like to the rest of the world.
BLITZER: All right. We'll be watching, Paula, thank you very much. PAULA ZAHN NOW, that comes up right at the top of the hour.
Still ahead, we'll have an update on that bank standoff in Miami, what's going on with the hostage.
And it's a life-changing event for Samuel Alito. But will his Supreme Court nomination affect your life? Jack Cafferty has your email. We'll be right back.
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BLITZER: There's been a development in that hostage standoff in Florida. CNN's John Zarrella is joining us on the phone. What's going on, John?
Unfortunately, we're not hearing John. We're going to try to go back to John.
Basically, what we believe has happened, it's over with. There's been a resolution. But we're not sure yet how it's been resolved. We're only told that it has been resolved. There you see some live pictures. We'll get the specifics for you. When we do, we'll bring them to you.
In the meantime, let's go to Jack Cafferty. He's going through your email. Jack?
CAFFERTY: Thanks, Wolf. Some of the polls being taken indicate that Americans are not exactly riveted to their television screens for the Alito confirmation hearings going on in front of the Senate Judiciary Committee. The question we ask this hour is how important is the next Supreme Court justice to your life? J.D. writes from Dallas, Texas: "Alito could change the whole landscape of America. America, at least until recently, was a country of laws, and it was our system of jurisprudence that interpreted and applied those laws. It's where the rubber meets the road, so to speak."
Jack in Georgetown, Texas: "If it comes down to the next Supreme Court justice being the swing vote who gives the government the right to tap my phone and read my email in the name of fighting terrorism, then I'd say it's very important. As much as I appreciate the press doing its part in revealing abuses by the government, I'm afraid the Supreme Court has the final say in what the government can and cannot do to us all."
Tracy writes: "I may only be an Army wife, but I realize the importance of this process. The Supreme Court is the most influential body in our society. The court just six years ago decided our president. I'm watching these hearings as I would anything else that will affect my life and those of my children for the next 30 years."
Canary in Wellfleet, Massachusetts writes: "Am I watching the grilling of Judge Alito? You bet. Do they get boring? Yes. But I keep coming back, and I'm also depending on CNN to fill in the blanks. This guy can take away my rights, considering I'm a woman and we are so new to certain rights, not just abortion."
And Dan writes from Las Osos, California: "Although most people are probably aware of the importance and potential impact of the Alito confirmation, I'd think it's safe to say that most people also do not feel there's anything they can do about it."
And I guess that's kind of the boat we're all at this point, Wolf.
BLITZER: All right, Jack. Thanks very much, Jack Cafferty. I'll see you tomorrow. And to our viewers, we'll be covering the Alito hearings, day three, tomorrow, 9:30 a.m. Eastern. We'll be here in THE SITUATION ROOM. We'll have complete coverage tomorrow throughout the day. Until then, thanks very much for joining us.
I'm Wolf Blitzer in Washington.
Let's head over to Paula Zahn. She's standing by. Paula?
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