Return to Transcripts main page
The Situation Room
President Bush Defends Domestic Spying While Others Claim Program Is Illegal; Rumsfeld Denies Military Is Stretched Too Thin; Lawmakers Push Lobbying Reform; Follow-Up On Dramatic Supreme Court Stay Of Execution; Senate, Administration At Odds In Hurricane Katrina Probe; Fatah Expected to Win Palestinian Elections; Most Approve Of Laura Bush
Aired January 25, 2006 - 16:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
WOLF BLITZER, CNN ANCHOR: Thanks very much, Susan. And to our viewers, you're in THE SITUATION ROOM, where new picture and information from around the world are arriving all the time.
Happening now -- President Bush at the center of the spying controversy. It's 4:00 p.m. here in Washington, where Mr. Bush visited the secretive agency behind the wiretaps. What more can he say to convince Americans the surveillance program is legal?
Also this hour, the big push for a clean sweep on Capitol Hill. Lawmakers hold their first hearing on lobbying reform with the Jack Abramoff scandal still swirling.
And the first lady -- first in our new poll. Laura Bush has numbers her husband would envy. But would Americans like her as much if she got more political?
I'm Wolf Blitzer and you're in THE SITUATION ROOM.
Up first this hour, the president's defense of what the White House calls a terrorist surveillance program. Democratic critics call it domestic spying. Many of them insist it is illegal.
Today Mr. Bush got backup for his view by adding a new backdrop to his public relations campaign. Our White House correspondent Dana Bash is standing by on the president's trip to the National Security Agency -- Dana.
DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Well, Wolf, you know, one of the things that even the president's opponents say that they give him credit for is knowing how to run a campaign, and that's exactly what the White House has been doing in trying to defend the controversial spying program this whole week.
They are also really pulling out all the stops. One of the things that they did, of course, as you said, was have the president himself go to the agency that wasn't even acknowledged just a few years ago, to not only thank the people who are conducting his program, but also to, of course, make the arguments that we've heard time and time again about why it is legal and necessary.
But another thing that sort of fell into the president's lap, if you will, was, of course, the tape from Osama bin Laden. And so the White House, for the first time today, had the president use that in making the argument for this program.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: You know, I understand there are some in America who say well, this can't be true. There are still people willing to attack. All I would ask them to do is listen to the words of Osama bin Laden and take them seriously.
When he says he is going to hurt the American people again, or try to, he means it. I take it seriously and the people of NSA take it seriously, and most of the American people take it seriously as well.
(END VIDEO CLIP)
BASH: Now, Wolf, one of the things that you mentioned is the fact that the White House is using the term terrorist surveillance program. That's, of course, to try to go pit against one of the chief concerns of many Democrats and even some Republicans that people in the United States are being spied on.
So the president really spent a lot of time on making the argument at the NSA today that it is just perhaps people who are talking to members of al Qaeda who could be listened in on, that it is not just people in the United States who are being surveilled, if you will. That is an argument that we've heard many times but certainly more so today.
But just as the president went to the NSA, we got some clue from the Hill, from Congress, as to what kind of questions the president and actually his attorney general is going to get.
Part of the reason, the main reason, why they are doing this is because they want to make these arguments before those public hearings in a couple of weeks.
Arlen specter, the Republican chairman of the Judiciary Committee, sent this letter to the attorney general with 15 subjects, topics, that he expects the attorney general to answer, many of them very tough, looking at the legal process and looking at why exactly, again, the president didn't come to Congress and put legislation forward without doing this in secret -- Wolf.
BLITZER: Dana Bash, at the White House. Dana, thanks very much. When I first came to Washington, they used to say NSA stood for No Such Agency, it was that secretive.
One of the Democrats who's been pouncing hardest on the president over domestic spying is at it again. Less than two weeks after Al Gore first accused Mr. Bush of breaking the law, the former presidential nominee isn't backing down a bit. Listen to this.
(BEGIN VIDEO CLIP) AL GORE, FORMER VICE PRESIDENT OF THE UNITED STATES: I personally believe that what they are doing is wrong because eavesdropping on hundreds of thousands of Americans without any warrant in direct violation of the Constitution is the wrong thing to do.
And the evidence virtually compels a conclusion that they've been violating the law over and over again. And so the Congress will have hearings next week. I welcome that. And we'll see what happens from that.
(END VIDEO CLIP)
BLITZER: Senator Hillary Clinton says she doesn't know if Mr. Bush broke the law by authorizing these wiretaps without warrants, but today the New York Democrat called the president's explanations about domestic spying -- and I'm quoting now -- "strange and farfetched."
The Senate is set to hold hearings on the spying program beginning next month, February 6th, before the Senate Judiciary Committee. Today Democrats on the House Intelligence Committee are trying again to get Republicans on their panel to agree to hold hearings as well. So far, no agreement.
Meanwhile, the Defense Secretary Donald Rumsfeld is disputing new reports that the U.S. military is stretched too thin and it's close to the breaking point. A Pentagon commission study says the army doesn't have enough troops to fight the wars in Iraq and Afghanistan.
A separate report released today by Democrats draws similar conclusions, and it goes on to blame the Bush administration for putting an enormous strain on America's fighting forces.
(BEGIN VIDEO CLIP)
SEN. JACK REED (D-RI), ARMED SERVICES COMMITTEE: Today, this report highlights a huge potential problem for our land forces. We are at risk today of breaking our land forces, our Marine Corps and our army. They are capable and competent today, but the risk is real.
(END VIDEO CLIP)
BLITZER: Pentagon Secretary Rumsfeld denies U.S. troops are overextended. He says they are enormously capable and battle- hardened.
(BEGIN VIDEO CLIP)
DONALD RUMSFELD, DEFENSE SECRETARY: The force is not broken. The implication in what you've said is also, I think, almost backwards in this sense. The world saw the United States military go halfway around the world and in a matter of weeks, throw the al Qaeda and Taliban out of Afghanistan.
(END VIDEO CLIP) BLITZER: Let's take a closer look now at what U.S. troops are up against. CNN's Fredricka Whitfield has a "Fact Check" on military strength by the numbers.
(BEGIN VIDEOTAPE)
FREDRICKA WHITFIELD, CNN ANCHOR (voice-over): Of the 136,000 U.S. troops currently in Iraq, more than 70 percent come from the Army. There are 487,000 active duty soldiers in the United States Army, 97,000 are on duty in Iraq, and 16,000 are on duty in Afghanistan. The average tour of duty lasts one year.
In the new rotation of Army troops deploying to Iraq in 2006, the Army estimates that at least two-thirds are returning for the second time. Many are returning for their third tour of duty in Iraq.
Army recruiters fell short of their goal of adding 80,000 new soldiers in fiscal year 2005. They signed up about 73,000. But the Pentagon says the Army, Army Reserve and National Guard have all met their recruiting goals for the last several months.
(END VIDEOTAPE)
BLITZER: That was CNN's Fredricka Whitfield reporting.
In our next hour, we're going to have much more on whether U.S. forces are at risk, or are they ready. We'll also have a live report from the Pentagon. That's coming up here in THE SITUATION ROOM.
Now to Capitol Hill, and a kick-off hearing in the mad dash for lobbying reforms. CNN's Andrea Koppel is following the election year fallout from the Jack Abramoff influence peddling scandal. What's the latest, Andrea?
ANDREA KOPPEL, CNN STATE DEPARTMENT CORRESPONDENT: Wolf, today's hearing before the Senate's Homeland Security and Governmental Reform Committee was a bipartisan show of support for what Democrat Joe Lieberman called "doing away" with what they believe is the faulty impression that their votes go to the highest bidder.
(BEGIN VIDEOTAPE)
KOPPEL (voice-over): The high-flying days of Congressional lobbying could be in for a rough landing as Democrats and Republicans alike rushed to put luxury vacations and expensive meals on the Congressional chopping block.
SEN. JOHN MCCAIN (R), ARIZONA: We should not forget that we, as members, owe it to the American people to conduct ourselves in ways that reinforces rather than diminishes the public's faith and confidence in Congress.
KOPPEL: This hearing, the first of what's likely to be many discussions about how best to regulate the relationship between lawmakers and K Street lobbyists, Republicans especially eager to repair their image in the wake of the Jack Abramoff scandal. SEN. TOM COBURN (R), OKLAHOMA: The very idea that somebody can -- vote can be bought for a golf game and a trip is ludicrous. And if that's the case, they shouldn't be here.
KOPPEL: The biggest problem, some acknowledged, isn't the free lunch that lobbyists dole out, but the access to lawmakers that millions in campaign donations can buy.
FRED WERTHEIMER, DEMOCRACY 21: It doesn't make sense to us to say a lobbyist can't pay $25 for a meal, and yet can pay $25,000 to finance a party for a member at the national conventions.
SEN. RICHARD DURBIN (D-IL), MINORITY WHIP: Why is it that we warm up to all of these lobbyists? It isn't for a meal at night. Heck, at night I want to sit down, put my feet up and watch TV. I don't want to go out to some restaurant. Most of us are pretty tired at the end of the day. But, we know when come time to finance our campaigns, we're going to be knocking on those same doors.
(END VIDEOTAPE)
KOPPEL: Their goal to implement serious lobbying reform in the coming months, certainly before the campaigning for the bipartisan election starts heating up. But just how to do that is really up in the air at this point.
Senator Bill Frist, the majority leader, sent a letter to Harry Reid, the Democrat minority leader, saying that he wanted to call for really a bipartisan task force that was rejected out of hand by Senator Reid because, as he put it, he felt it would divert attention from the Congress acting quickly on the needed reforms rule.
BLITZER: All right. Andrea, thank you very much. Andrea Koppel reporting from Capitol Hill.
The Abramoff lobbying scandal has triggered a heated ad war. One new spot hitting the airwaves tomorrow takes aim at Republican ethics, and it calls for support of the Democratic-backed reform legislation on the Hill right now. The liberal interest group, Americans United, says it's spending $1 million to air the ad on national cable, including here on CNN.
And Republican Senator Conrad Burns is launching a commercial counteroffensive against Democrats' attempts to link him to the Abramoff scandal. In the 60-second ad airing in his home state of Montana, Burns looks at the camera and says directly, I don't know who Jack Abramoff influenced, but he never influenced me.
A leading target in the influence peddling investigation isn't letting the probe keep him from the campaign trail. Congressman Bob Ney announced today that he is running for re-election. The Ohio Republican recently up his committee chairmanship. State party officials have urged him to give up a seat as well if he is indicted. Ney denies any wrongdoing.
We want to follow up now on a dramatic stay of execution we told you about here in THE SITUATION ROOM last night during our 7:00 p.m. Eastern hour. A condemned Florida inmate was already strapped down with IV tubes attached to his body when the United States Supreme Court, a Supreme Court justice in this particular case, Anthony Kennedy, blocked the killing.
Now the full court has agreed to hear the case. For more on what's going on, we're joined by our CNN senior legal analyst Jeff Toobin.
Jeff, this is a big deal for the Supreme Court to consider whether lethal injection, in effect, is cruel and unusual punishment.
JEFFREY TOOBIN, SR. LEGAL ANALYST: This is unusual at many levels. There are many last-minute stays of execution sought by the Supreme Court, but these days, in particular, they grant very few.
And this is a very unusual case because at one level, there is a complicated procedural argument about how this should be raised, how this claim should be raised. But also the fundamental issue of whether lethal injection is cruel and unusual has never been addressed by the Supreme Court, and if they reach the merits of this case, it will be a very important decision.
BLITZER: Because the argument is that this cocktail of drugs that they give, that they inject these people with, causes burning in the body, and it takes a long time for them to die and it goes against the constitution's protection against cruel and unusual punishment. That's the basic argument. We've heard it for a long time.
But now the Supreme Court has agreed to consider it.
TOOBIN: They may consider that issue. But the irony here is that the lethal injection method was invented because some courts, never the Supreme Court, found that the gas chamber was in fact cruel and unusual. There were a lot of misgivings, if that's the right word, about electrocution as a method of execution.
So lethal injection was supposed to be more humane. There are now complaints from death penalty opponents about it now, and we'll see if the court agrees or even decides to hear it.
BLITZER: Jeff Toobin, thank you very much. Our senior legal analyst Jeff Toobin.
We're going to go to Florida for a live report in the next hour of THE SITUATION ROOM talking -- Susan Candiotti is on the scene for us. She will give us the background to what has happened in this case.
Let's go up to New York, though, right now. Jack Cafferty standing by with "The Cafferty File." Hi, Jack.
JACK CAFFERTY, CNN ANCHOR: I was just listening to the story about this guy in Florida. They had him strapped to the gurney and IVs put in his arm before they called the whole thing off? BLITZER: They were already attached. They were about to do it, and then Justice Anthony Kennedy said hold off. And he allowed to live.
CAFFERTY: Is that not cruel?
BLITZER: Some would say that's pretty cruel, yes.
CAFFERTY: And the other part of the thing is we're talking about the death penalty here. I mean, hanging somebody, the firing squad, the electric chair, all of that stuff is painful. Dying is, I mean -- what are they supposed to do design a way to kill people that feels good? I'm not sure I follow the logic on this.
And these morons in Washington who are holding hearings on lobbying -- I'll get to the question in a second, I just have to unburden myself here -- they know what they're doing is wrong. Don't tell me that people who graduate from the finest law schools in the United States don't know the difference between right and wrong when it comes from taking money from lobbyists and giving their influence and their votes in return.
And if it wasn't for the Jack Abramoff scandal and the fact that this is an off-year election coming up, these guys would be doing business as usual. This is a joke that they're pulling on the American people down there. You know, don't pretend for a minute you don't know that it's wrong to take money from somebody who wants to buy your vote. Come on.
Now, conventional wisdom is that even if you oppose the war in Iraq, you support our troops. Well, not Joel Stein. Here is some of what he wrote in his column titled, "Warriors and Wusses" in "The Los Angeles Times" yesterday.
And I quote here, "Blindly lending support to our soldiers, I fear, will keep them overseas longer by giving soft acquiescence to the hawks who sent them there and who might one day want to send them somewhere else."
Still quoting, "Blaming the president is a little too easy. The truth is that people who pull triggers are ultimately responsible, whether they're following orders or not," unquote.
Stein says he's been bombarded with hate mail. No surprise there. His article infuriated conservative web sites and radio shows. Some called his ideas deeply repulsive and called Stein himself, quote, "one of the most loathsome people in America," unquote. But Stein says he stands by what he wrote.
So here is the question. Was Joel Stein of the "Los Angeles Times" out of line to say he doesn't support our troops? You can e- mail us at caffertyfile@CNN or you can go to CNN.com/caffertyfile -- Wolf.
BLITZER: I'll be anxious to hear what our viewers think, Jack. Thanks very much. Jack Cafferty in New York. Coming up, new political hits over Hurricane Katrina. Is the Bush administration cooperating with Congress? We'll hear the latest charges and countercharges.
Also ahead, Palestinians vote for parliament and make choices about whether to make peace with Israel. We'll have a live update on what happened today in the West Bank and Gaza.
And how do you say Google in Chinese? It's an important question as one of America's hottest search engines goes global.
You're in THE SITUATION ROOM.
(COMMERCIAL BREAK)
BLITZER: The White House and senators still at odds today over whether the administration is stonewalling the congressional probe into the federal response to Hurricane Katrina.
Senator Joe Lieberman is leading the charge against the White House for withholding certain documents and witnesses under a claim of executive privilege.
(BEGIN VIDEO CLIP)
SEN. JOE LIEBERMAN, (D) CONNECTICUT: We've asked to talk to some of the key decision makers at the White House. They won't let us do that. Most irritatingly, a number of witnesses from other federal agencies who we've asked questions about conversations they had with the White House in the critical days leading up to Hurricane Katrina and afterward tell us they've been told by the White House not to answer. I don't get it.
SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: The president believes that Senator Lieberman ought to have the right to confidential conversations with his advisers, just like all presidents have asserted they ought to have that same right. That's what this is about, that's the bottom line here.
(END VIDEO CLIP)
BLITZER: The mayor of New Orleans is adding his voice to the dispute over the Katrina probe. Ray Nagin was asked today about White House cooperation with Congress. And whether it's lacking.
(BEGIN VIDEO CLIP)
MAYOR RAY NAGIN, (D) NEW ORLEANS: There needs to be a critical independent analysis of every level of government. And for us to come up with solutions to make sure that this doesn't happen again.
(END VIDEO CLIP)
BLITZER: The mayor is here in Washington for the U.S. Conference of Mayors, their annual meeting. The Senate inquiry is expected to reveal new details about how prepared the federal government was for Katrina. But a study detailed online reveals FEMA knew much more nearly a year before the hurricane struck. Our Internet reporter Abbi Tatton has more.
ABBI TATTON, CNN INTERNET REPORTER: Wolf, Hurricane Pam was a hurricane preparedness exercise that took place in Louisiana in July of 2004. You're looking at a computer model of that simulation right here. The red showing water rising on New Orleans.
Some of the conclusion of that preparedness exercise, tens of thousands of potential deaths, one million people displaced and a city submerged. Interestingly, the results of that test can be found at the FEMA Web site., including information on levees that would potentially be topped and one million people displaced. All of that at fema.gov, Wolf.
BLITZER: Abbi, thank you very much.
Let's head overseas.
The vote counting is under way in the historic Palestinian elections, a potential milestone in the Middle East peace process. Let's check in with CNN's Guy Raz. He's in Ramallah on the West Bank, for the very latest on the Palestinian election. What happened, Guy?
GUY RAZ, CNN CORRESPONDENT: Wolf, it's shaping up to be one of the most important elections in modern Palestinian history. For the first time in ten years, Palestinians went to the polls to elect a new parliament. The first time they've had a really clear choice of who will run their next government. Finally, the result of this election could have enormous ramifications for the future of negotiations between Israel and the Palestinian Authority.
Now all eyes have been on two major parties -- Fatah, the dominant political movement, the Palestinian movement that has dominated Palestinian political life for decades, a movement founded by Yasser Arafat, and Hamas, a militant Islamist group considered a terrorist organization by Israel and several countries around the world.
Now the latest exit poll suggests that Fatah has narrowly routed Hamas. But hasn't won enough seats to form the next government. It seems very clear, Wolf, that voters have decided to punish Fatah for what many regard as Fatah's failure in government over the past ten years and allegations of corruption while running the Palestinian Authority. Wolf?
BLITZER: Does this set the stage for a national unity government, a coalition, that would include Hamas and Fatah?
RAZ: Well, it's very possible. But it's also possible that Fatah may decide to go with another party. There are 21 other seats that were distributed to other political parties, more moderate political parties. And Fatah may essentially decide to form a coalition with another one of these parties. Hamas would then be the largest opposition party, essentially holding Fatah and the government accountable. In a sense, it would free up the Palestinian Authority from the external and international pressure of having a group like Hamas playing such a major role in the next government.
BLITZER: Guy Raz reporting for us from Ramallah on the West Bank. Guy, thank you very much. Hamas, considered a terrorist organization by the U.S. government and certainly by the Israeli government as well.
Let's check in with our Zain Verjee. She joins us now from the CNN global headquarters in Atlanta with a closer look at some other stories making news.
ZAIN VERJEE, CNN ANCHOR: Hi, Wolf. In California, former president Gerald Ford is out of the hospital. An official says he was released today after being treated for pneumonia. Ford had been hospitalized just under two weeks ago.
Bird flu has claimed the life of another person in China, that's according to the World Health Organization. The 29-year-old woman was from Schezuan Province. She was hospitalized last week with a high fever and tested positive for the deadly virus the same day. There are now seven confirmed bird flu deaths in China.
It's called an encyclical and it is the most authoritative document a pope can issue. Today Benedict XVI released his very first one, and it's title was "God is Love." It covers a range of topics around the subject of love, charity and politics. The document highlights a Roman Catholic Principle that the church must fight for justice while not replacing the state.
Some in China are equating it to a gag on Google. Google's introducing its search engine in China, or the Chinese version, bows to China's censorship laws. If you type in sensitive terms like Taiwan Independence, Democracy or Human Rights, even the Dali Lama or Falun Gong, you'll get mostly official sites from the Chinese government. Our Internet team will have a lot more on this story in the next hour. It has been quite controversial that Google has done this.
You know, Wolf, there are over 100 million people in China that surf the web.
BLITZER: A lot of people. All right. We'll have a lot more on this story, Zain, thank you very much.
Up next here in THE SITUATION ROOM, the supreme debate over Samuel Alito under way. But the big question is when will the Senate vote on the president's high court nominee? That story when we come back.
Also, she's got approval ratings that her husband would kill for. How does Laura Bush do it? Candy Crowley, our senior political correspondent, is standing by and will take a closer look at the first lady's popularity. All that just ahead.
(COMMERCIAL BREAK)
BLITZER: The full Senate debate is under way on Samuel Alito's nomination to the U.S. Supreme Court. A day after the judiciary committee cast the divided vote over Alito, Republicans and Democrats are voicing fierce support and opposition to the president's choice for the high court.
Alito met today with Republicans senators whose majority votes are expected to seal his confirmation despite strong Democratic opposition. And the president met just a short while ago with about 40 people, Republicans and Democrats, who've clerked for Judge Alito. It is another attempt to drive home the administration's insistence that Alito is qualified and deserves a quick and fair up or down Senate vote.
As you remember, first lady Laura Bush let her husband know that she wanted to see another woman on the high court. She's not getting her way, at least not now. But Mrs. Bush is getting kudos from the American people for the way she's handling her job. Our senior political correspondent Candy Crowley is joining us now with new poll numbers that we have.
Candy, what do we learn from these numbers?
CANDY CROWLEY, CNN SENIOR POLITICAL CORRESPONDENT: Well, Bush -- Wolf, if it is true that the best politicians are the ones who are seen as above politics, then have we got a politician for you.
(BEGIN VIDEOTAPE)
CROWLEY: Quiz time. What do Oprah, Tiger Woods, and Laura Bush have in common? Answer, they are all way more popular than her husband. In the latest CNN-"USA Today"-Gallup poll, 82 percent of Americans gave thumbs up to the way Laura Bush is handling her job.
LAURA BUSH, FIRST LADY OF THE UNITED STATES: This job, as Lady Bird Johnson said, has no job description. She said the first lady has a podium, if she chooses to use it, and I think that's what I've come to find out.
CROWLEY: She has adhered to the first rule of first ladyship: do no harm. She has championed non-controversial causes, at-risk boys, reading readiness, women's heart health. But mostly, she is his champion, making talking points look less like politics, more like conversation.
L. BUSH: I actually am very encouraged. I think that things are going to do very well in Iraq.
CROWLEY: Her approval rating is almost 40 points higher than her husband's. Little wonder he trades on her mojo.
G. BUSH: She's had a west Texas woman, born and raised in west Texas. Kind of, I would say she brings common sense down to earth, no errors, common sense point of view.
CROWLEY: No slouch in the political strategy department. The president fully understands his wife's value and cashes in on it regularly.
G. BUSH: I appreciate very much when she does give me her advice, which, you know, can be too frequent sometimes. Not true, honey.
CROWLEY: She gives him the every-man feel, counteracting those critics who call him King George. And she softens the excesses his critics find troubling.
G. BUSH: Plus, she does. I mean, you know, I said some things, "Wanted, dead or alive." And she said, "You might be able to explain that a -- express yourself a little better than that, George W."
(END VIDEOTAPE)
CROWLEY: Despite that 82 percent approval rating, only 40 percent of Americans say they would like to see Mrs. Bush run for Senate. The truth is, when people see her as outside the world of politics, she is one of his biggest political assets -- Wolf.
BLITZER: Candy, how serious does this suggestion that she run from the Senate for Texas?
CROWLEY: Probably not very serious. I think we're in that kind of slow political time. But I have to tell you, when the president was asked that question last week, he said, "Never. She's not going to run for office."
And Mrs. Bush recently did an interview with the BBC in which she said, "It's absolutely unlikely." And you know what we call that in the political trade. That's wiggle room. So don't count her out just yet, but I can't see it, and neither can she at this point.
BLITZER: A lot can change in the next two or three years. Thanks very much, Candy, for that.
Mrs. Bush's poll numbers look especially high when compared to those of her husband and other top officials. Look at this. While the first lady gets an 82 percent job approval rating, the defense secretary Donald Rumsfeld gets 44 percent in our new poll. President Bush is slightly below that with 43 percent. Dick Cheney is at the bottom of the list with a 41 percent job approval rating.
Up next, the full-court press over the NSA controversy. Is the president's strategy working? I'll ask Terri McAuliffe, Terry Jeffrey, when we return.
Plus, are there any road blocks left for Samuel Alito? Is his confirmation a done deal? Expert opinion. All that coming up right here in THE SITUATION ROOM.
(COMMERCIAL BREAK) BLITZER: You're back in THE SITUATION ROOM right now. In today's strategy session, President Bush puts the spotlight on an agency that thrives on secrecy. Will his trip to the NSA quiet the critics?
Plus, the Senate begins debating the nomination of Samuel Alito. Are there any road block left? Joining us, the former chairman of the Democratic National Committee, Terry McAuliffe, and the editor of Human Events Online, Terry Jeffrey. Or as we call it, Terry and Terry. Thanks to both Terrys for joining us.
The president over at the NSA, the National Security Agency, earlier today. Among other things, he said this. Let's listen.
(BEGIN VIDEO CLIP)
G. BUSH: I have the authority both from the Constitution and the Congress to undertake this vital program. The American people expect me to protect their lives and their civil liberties, and that's exactly what we're doing with this program. I'll continue to reauthorize this program for so long as our country faces a continuing threat from al Qaeda and related groups.
(END VIDEO CLIP)
BLITZER: The terrorist surveillance program, as it's now called by the administration -- the American public, a lot of Americans are going to say, "You know what? If it's going to stop another 9/11, do it."
TERRY MCAULIFFE, FORMER DEMOCRATIC NATIONAL COMMITTEE CHAIRMAN: Listen. Whatever we need do to stop another 9/11, I agree with you 100 percent. But the question here is, George Bush could go and get a warrant within 48 hours. There is no reason he shouldn't do it. The idea of spying on average Americans, we don't know who they are, is a real abuse of power. Why not just go within 48 hours and get the warrant?
John McCain has just come out. Senator McCain has just come out and questioned legality of it. Senator Specter, another Republican senator, has said we need to have hearings. So Democrats, Republicans, the president says this is an easy thing do.
He is not above the law. He doesn't have the right to go into homes of average Americans and spy on them, eavesdrop on them, without any reason that he has to give to a court. He ought to be able go, get a warrant, and then we'll be fine.
BLITZER: A lot of conservative Republicans, a lot of libertarians, are nervous about this because they're not very happy about government snooping, listening in on phone calls either.
TERRY JEFFREY, EDITOR, HUMAN EVENTS ONLINE: Well, no doubt about it, Wolf. But I think the reason the president's out there and other leading people in the administration are out there talking about this, is there are key facts about this program that aren't be featured in the liberal press. General Hayden has said the physical...
BLITZER: He's the former director of the National Security Agency. He's now the deputy director of national intelligence.
JEFFREY: Correct. And he was head of NSA when they started this program. General Hayden has said that the physical mean by which we intercept these communications means they can only be international communications.
Secondly, there has to be reasonable cause that they're linked to al Qaeda or people associated with al Qaeda. Thirdly, and most importantly what he's pointed out, is we have gotten information through this program, Wolf, that we couldn't have gotten through a court order.
So in other words, if we had to apply FISA to this, we had to go get a court order, there's information coming from al Qaeda, international communications in and out of the United States, that we would forego. And the question is whether Democrats want to say in a congressionally authorized war against al Qaeda, they want the commander-in-chief and our military to forego information about al Qaeda.
MCAULIFFE: First of all, as I say, Republican senators are questioning this. John McCain, Arlen Specter, they all say we need to have hearings. They're all uncomfortable with this. Terry talked about the commander-in-chief. This is the same president who manipulated intelligence data to get us into Iraq in the first place. He didn't tell us the truth about weapons of mass destruction. He just lied to us about...
BLITZER: Wait a second. General Hayden is not the president. Are you saying General Hayden is lying?
MCAULIFFE: We don't want -- no one wants George Bush to have this unbridled authority to be able to do this. This president has shown that he can't deal with the truth. We just saw the issue of Katrina which came out, where he went on television and said, "No one had any idea that this would happen, that we could have the breaches." His situation room, about 100 feet from the situation room, was told two days before. There is nothing that George Bush says that you can believe. Why would we give him this authority?
BLITZER: I want Terry to respond, Terry Jeffrey to respond. But listen to what Al Gore, the former vice president, the former Democratic presidential nominee, said today. Listen to this.
(BEGIN VIDEO CLIP)
GORE: The evidence virtually compels a conclusion that they've been violating the law over and over again. And so the Congress will have hearings next week. I welcome that. And we'll see what happens from that.
(END VIDEO CLIP) JEFFREY: First of all, you asked the right question, Wolf, about is General Hayden lying. Because this is a professional military officer who's not a politician. He's someone who's told us the facts about this program insofar as he thinks they can be made publicly.
Let me address Al Gore's legal and constitutional question. I'm a constitutionalist conservative who believes in an original interpretation of the Constitution.
BLITZER: You are.
JEFFREY: I am. And I believe that Congress has the power to declare war, as Article I, Section 8 says. You go back and you look at the debate in the constitutional convention, the original draft of the Constitution says, "Congress shall have the power to make war."
Pinkney (ph), who was one of the framers, said, "Congress would be too slow." Elbridge Berry (ph) of Massachusetts, James Madison of Virginia said, "Let's amend the language to say, 'Congress shall have the power to declare war.'" In the debate, they said that will leave to the executive the power to repel said attacks.
Now, in this situation, not only do we have an authorized war, but the question is in the president's inherent power to repel said attacks, can he stand at the border and listen for international communications from al Qaeda.
BLITZER: Let me move on because this debate is going to continue, especially on February 6th when the congressional hearings start, the Senate Judiciary Committee.
On Samuel Alito, is it a done deal right now he's going to be confirmed? There are 55 Republicans in the U.S. Senate. The Democrats, I take it, are not going to filibuster. Is that right?
MCAULIFFE: Well, you know, I'm not in the United States Senate. I don't know what Harry Reid plans on doing in his caucus. There are a lot of legitimate questions about Judge Alito. He got through on, as you know, not on a bipartisan vote through the committee. He'll have the vote in the United States Senate, but there are legitimate questions that many Americans have.
BLITZER: Your immediate predecessor Howard Dean says he should not be confirmed. But his immediate predecessor, Governor Ed Rendell of Pennsylvania, likes him and says he should be confirmed. Where do you stand?
MCAULIFFE: I go with Howard Dean. This guy should not be on the United States Supreme Court. The idea that this judge wants to give George Bush more authorities and take away liberties from individuals is wrong. George Bush has proven to the American public that this man can't handle authority.
He doesn't tell the truth on critical issues. The war in Iraq, the weapons of mass destruction, Katrina, the cost his prescription drug bill. Nothing has worked for George Bush. He has not told us the truth. He has deceived the American public. And we shouldn't have a justice of the Supreme Court who's going to give him more authority.
BLITZER: Next time you'll have to respond because we're all out of time. But I think it's fair to say Terry McAuliffe does not like George Bush. We'll leave it at that.
JEFFREY: The Democrats from Pennsylvania do.
BLITZER: Thanks very much to both Terrys for joining us.
Coming up, money is critical to political campaigns, and with this year's midterm elections fast approaching, who's got the most cash, Democrats or Republicans? We're going to tell you.
And it's a life and death issue. How does the governor of California feel about assisted suicide? California's assembly has a bill on the table, but Governor Schwarzenegger has other plans on his mind. We'll tell you what's going on. Stay with us.
(COMMERCIAL BREAK)
BLITZER: On our "Political Radar" this Wednesday, a new accent on the State of the Union night. Democratic leaders have tapped Los Angeles Mayor Antonio Villaraigosa to deliver a response to the president's address in Spanish. The Virginia Governor Tim Kaine will deliver a Democratic response in English. But Villaraigosa's remarks clearly will be aimed at helping Democrats reach out to Hispanic voters right here in the United States.
More evidence today that Governor Arnold Schwarzenegger is trying to attack to the center. The California Republican is refusing to fire a Democratic chief of staff despite conservative's threats that they won't support his re-election.
And Schwarzenegger now says state voters should decide whether to allow doctor-assisted suicide. His apparent support for a vote on this issue comes after the U.S. Supreme Court upheld Oregon's doctor- assisted suicide law.
Senate Democrats are smiling all the way to the bank in the congressional election year. The Democratic committee that handles Senate races is reporting $25 million in the bank, more than double the $10.5 million the Republican version of the group has on hand. Democrats say it's the first time in their memory they've had that kind of edge over the Republicans when it comes to money.
But the Republican Party as a whole continues to outraise Democrats by leaps and bounds. The RNC reports a record $101 million raised in 2005. The Democrats haven't reported their fundraising totals for last year yet.
Let's go to CNN's Zain Verjee at the CNN center in Atlanta. There's a developing story we're watching in Florida. Lake Butler, Florida, specifically. What's going on? VERJEE: There's been an accident just south of Lake Butler near Jacksonville, Florida. It's on the western side of Jacksonville. The sheriff's department telling CNN that seven people have been killed in that accident.
It happened when a school bus crashed with a tractor-trailer. There are several people that have been injured as well, three of them critically. We don't know how many of the casualties are actually on the school bus itself or otherwise. But we are working to get you more information.
Officials say that there are air ambulances and other emergency services already on the scene. And according to Florida's Highway Patrol Web site, the crash is blocking some of the major roads around that area. So again, this is near Jacksonville, Florida, south of Lake Butler. Seven people have been killed and three people critically injured -- Wolf.
BLITZER: All right, we'll follow this story, Zain. Thank you very much.
Up next, here in THE SITUATION ROOM, opinionated newspaper columnists are certainly used to getting negative mail. But one columnist for the "L.A. Times" is getting plenty. He wrote he does not support U.S. troops overseas. Was he out of line? Jack Cafferty has been going through your email.
And in our 7:00 p.m. Eastern hour here on THE SITUATION ROOM, an audacious musician in a very provocative pose. Why is rapper Kanye West looking like Jesus on the cover after magazine. Is it freedom of expression or a P.R. stunt? We'll have the details. That's coming up, 7:00 p.m. Eastern right here in THE SITUATION ROOM.
(COMMERCIAL BREAK)
BLITZER: Let's go back to New York and Jack Cafferty with "The Cafferty File." Hi, Jack.
CAFFERTY: How you doing, Wolf? Joel Stein wrote in his "Los Angeles Times" column yesterday that he doesn't support our troops. His article was called "Warriors and Wusses." It infuriated conservative Web sites and radio shows. And I've got to tell you, it makes me a little hot, too.
But Stein says he stands by what he wrote. The question is this, was Joel stein of the "Los Angeles Times" out of line to say that he does not support our troops?
Overland Park, Kansas, is where Mark lives. "I'm one of those academic leftists, and it wouldn't be surprising to any of my friends and acquaintances that I strongly agree with Joel Stein. Indeed, I would go further. The troops, in my view, should, along with King Bush and his court, be tried on war crimes charges."
Rick in Phoenix, Arizona: "Stein was completely out of line, but that's what happens when you're divorced from reality, as so many liberals are. You hear the hatred from the liberals in this country all the time. But you never hear of the liberals leaving the country. Why is that?"
Walter writes, "I don't agree with him, but he's not out of line. The whole point of the First Amendment is to be able to say out of line stuff. Don't like it? Don't read it. I don't. I watch you."
Betty writes, "I understand Joel Stein's argument, but you have to understand the troops are following orders. And if they rebel, they'll be court-martialed."
Patrick in Manhattan Beach, California: "As a long time subscriber to "The L.A. Times," I can assure that you Stein's opinion is quite typical of the venomous vomit printed in that publication daily. They're second only to the "New York Times" in vile hatred of Republicans and President Bush in particular. The paper is spiraling to failure.
And Barry in Denver, Pennsylvania: "Jack, this will be short. Stein, Fonda. It's all the same gang." Wolf?
BLITZER: Short it was. Thanks, Jack. I'll see you in a few minutes.
Still to come here in THE SITUATION ROOM, is the first survivor surviving charges of income tax evasion? We'll tell you how the trial of reality show star Richard Hatch turned out.
And later, a live report from Florida on the dramatic stay of execution for a death row inmate who was on the brink of death. Stay with us.
(COMMERCIAL BREAK)
BLITZER: Zain Verjee is standing at CNN's local headquarters with a closer look at other stories making news -- Zain.
VERJEE: Wolf, many are mourning the death of actor Chris Penn. He's the younger brother of Oscar-winning actor Sean Penn. Chris Penn was found dead yesterday just outside Los Angeles. Officials have yet to name a cause of death. The character actor starred in films like "Reservoir Dogs" and "Starsky and Hutch."
And many of his fans are wondering how he's survive possible prison time. Richard Hatch is the first survivor from the CBS show "Survivor." Today, a Rhode Island jury convicted him of not paying taxes on the $1 million he won on the show. He was acquitted of seven charges against him. He faces up to 13 years in prison and a $600,000 fine.
And dozens of people are dead in a killer cold wave in Europe. In many places, snow is falling and water are freezing. And some people don't even have proper heating. In Greece, over 400 towns and villages were cut off after a steady stream snow. Snow has blanketed parts of Sicily as well. Cold air has chilled much of Turkey. And in Vienna, it's so cold that the subway tracks, Wolf, are cracking as well.
BLITZER: That is cold. Thanks very much, Zain. We'll get back with you very soon.
There are growing concerns over the tens of thousands of men and women who exposed to hazardous conditions at ground zero after the 9/11 attacks. Today, New York lawmakers urged the President Bush administration to appoint a health czar to help coordinate next steps. What we know about those dangerous conditions is being collected online. Let's bring in our Internet reporter Jacki Schechner. She has more -- Jacki.
JACKI SCHECHNER, CNN INTERNET REPORTER: Wolf, a letter signed by 17 concerned congressmen and women available online at Congresswoman Carolyn Maloney's Web site. You can see the letter to Department of Health and Human Services Secretary Levitt expressing grave concerns over the health conditions of 9/11 responders.
Available also online is information about how these people are being checked out and kept track of. For example, the medical monitoring program looks for things like asthma or bronchitis. We're noticing a lot of this bronchial disease.
The other thing over at World Trade Center Health Registry -- these are people who register and were also kept track of. What's interesting to know, again, is the top five things that we notice in one of their reports are all bronchial, Wolf, so these same conditions showing up again and again.
BLITZER: All right, Jacki. We're going to have more on that story coming up this hour as well.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
