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The Situation Room

President Bush Delivers Message in Nashville; Cindy Sheehan Arrested over T-Shirt; Nagin Testifies At Senate Hearing; Alito Sworn In; Rating White House Strategy; McCain Endorses Shadegg; Bush Takes State Of The Union Outside Washington

Aired February 01, 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: To our viewers, you're in THE SITUATION ROOM, where new pictures and information from around the world are arriving all the time.
Happening now, a new justice at the White House. It's 4:00 p.m. here in Washington where Samuel Alito and President Bush are about to cap their Supreme Court victory. We're going to bring you the ceremony live.

Also this hour, the state of the president's sales pitch. It's 3:00 p.m. in Nashville, where Mr. Bush replayed themes from last night's big speech. Is he carrying his message forward or is he falling flat?

And what not to wear? Lots of people are talking about the T- shirts that got Cindy Sheehan and a congressman's wife booted from the State of the Union address. We're asking the questions about free speech, Capitol rules and whether it's much ado about nothing. I'm Wolf Blitzer. You're in THE SITUATION ROOM.

You're looking at a live picture right now, we'll show it to you. Andrews Air Force Base outside Washington D.C. The president of the United States has just boarded Marine One, his Air Force One just landed from Nashville, where the president was speaking informally today on this day after the president's State of the Union address.

Marine One about to take the president and the first lady back to the White House, where the president will be participating in the official swearing-in ceremony of the Supreme Court Associate Justice Samuel Alito. He was sworn in yesterday. A more formal ceremony coming up in a few minutes. We're going to take you there live.

It's a victory lap of sorts for the president and for America's newest Supreme Court justice. Alito is about to be sworn in. And this ceremony will be taking place in the East Room of the White House. The president will land on the South Lawn and immediately go into the East Room, where guests and others have gathered for this official swearing-in ceremony.

He made a public debut of sorts last night -- Samuel Alito, the 110th high court member. He got applause at last night's presidential State of the Union address. We'll go to the White House live for that swearing-in ceremony. That's coming up later this hour. The president is fine-tuning his State of the Union message after getting less than rave reviews from his speech, even from some Republicans. He took his pitch out of the Capitol and onto the stage of the Grand Ole Opry in Nashville earlier today. Let's go to the White House. Our correspondent, Dana Bash, is standing by with more -- Dana.

DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Well, Wolf, I talked to somebody this morning who has known the president for a long time, who was quite upset about what he saw as a president out of character, pushing forward some small-bar items instead of going bold, as he is known to do and perhaps is more comfortable doing.

But also, this person was upset about the fact that perhaps the president didn't talk straight enough about the pessimism in this country. Well, perhaps after listening to Mr. Bush this afternoon in Nashville, he could be happier.

(BEGIN VIDEOTAPE)

BASH (voice-over): President Bush went to Nashville and delivered the message skittish Republicans had hoped to hear the night before.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: People are uncertain, in spite of our strong union, because of war.

BASH: Free from the House Chamber and State of the Union formality, the more candid assessment at the Grand Ole Opry was delivered by a stunningly different, more folksy George W. Bush.

BUSH: But understand, there's an anxiety about a time of war. That's natural, it seems like to me.

BASH: The open question is whether the president's words and plans will ease that anxiety. A few modest initiatives packaged in the message on the wall behind him: Americans win when America leaves. It's a tough sell for a president whose own leadership standing is in question.

LEE MIRINGOFF, MARIST INSTITUTE FOR PUBLIC OPINION: For people who are dissatisfied with the direction of the country, I don't think they got a lot of answers last night.

BASH: The president and his cabinet spent the day fleshing out familiar proposals, to tackle soaring health care costs with tax-free savings accounts and to use alternative technologies to over time, dramatically reduce dependence on Mideast oil.

BUSH: Four and a half million cars today are flex-fuel automobiles.

(END VIDEOTAPE)

BASH: Now Wolf, both today and of course last night, the president did focus heavily on Iraq and national security. That of course, the White House still understands, is the underlying feeling of it, that is the reason for the underlying feeling of anxiety through the country.

And, you know, of course, much of the president's success in selling his agenda will have a huge impact on the Republican midterms. I talked to one Republican strategist today who said his fear is that this agenda is, quote, "like a snowstorm in April: lots of anticipation, strong visuals, but could melt away in a few days." Wolf?

BLITZER: Dana, where does the president take this sales tour next?

BASH: Next is Minnesota and then on to New Mexico. Minnesota is interesting. First he's going to be talking up the so-called competitive agenda. He's going to go to 3M and talk about innovation there. But politically that is a place where Republicans hope to pick up a seat. There is a Democrat retiring, Mark Dayton and Mark Kennedy, the Republican, they think as a pretty good shot at taking that seat.

BLITZER: Dana Bash reporting for us from the White House. Dana, thank you very much. We'll get back with you later.

Some of the congressional Democrats who of course were listening very, very closely to what the president had to say, are increasingly becoming critical of some of the president's remarks. One in particular, Democratic Congressman John Murtha of Pennsylvania. I spoke with him here in THE SITUATION ROOM just a short while ago. Here's a little excerpt.

(BEGIN VIDEO CLIP)

REP. JOHN MURTHA (D), PENNSYLVANIA: For him to mischaracterize what's going in Iraq -- and he continues to do this. The fight in Iraq is a civil war. The terrorism is in Afghanistan. It's a worldwide fight. What my argument is, we have to re-divert our funds. We've been spending $234 billion in Iraq during this civil war, where our troops are the targets. They have diverted their attention away from terrorism to Iraq -- the war in Iraq, which is a civil war.

(END VIDEO CLIP)

BLITZER: The full interview with Congressman Murtha will air here in THE SITUATION ROOM 7:00 p.m. Eastern tonight. You'll want to stick around for that.

There was an uproar of sorts in the gallery at the U.S. Capitol last night when Cindy Sheehan showed up wearing a T-shirt with some words of protest on it. Let's bring in our Gary Nurenberg. He's following this story and the fallout on this day after -- Gary.

GARY NURENBERG, CNN CORRESPONDENT: Well good afternoon, Wolf. It wasn't just Cindy Sheehan, but the wife of a congressman who got involved in the question of what an American citizen can do when he or she visits the symbolic center of American democracy, the United States Capitol.

Cindy Sheehan was wearing a T-shirt during public events yesterday for most of the day, a T-shirt that had the number of Americans killed in Iraq and the question, "How many more?" Sheehan attended the State of the Union address last night as the guest of a congresswoman. And before the speech began, had the T-shirt covered by a jacket.

(BEGIN VIDEO CLIP)

CINDY SHEEHAN, ANTIWAR ACTIVIST: And I turned around to take my jacket off and the officer saw me and he yelled, "Protester!" And he said, "You have to leave," and he grabbed me, and they put my arms behind me and rushed me out handcuffed me and arrested me.

(END VIDEO CLIP)

NURENBERG: After the speech began, Congressman Bill Young's wife was told to leave the chamber because she was wearing a sweat shirt saying "support our troops."

(BEGIN VIDEO CLIP)

REP. BILL YOUNG (R), FLORIDA: She had on this shirt, very conservative shirt.

BEVERLY YOUNG, WIFE: They told me outside that they had an incident and that they didn't want this to be another incident and that, you know, I could be arrested. So I told them, "arrest me. Here, take me, whatever. You're not going to tell me I can't do this. You're not going to tell me that I cannot support those kids that are right as we were speaking being shot and blown up." They're not going to do it. Nobody's going to do that to me. You know, they want to arrest me? Arrest me. I'll go back in again. I'll go right now, I'll go again.

(END VIDEO CLIP)

NURENBERG: Mrs. Young said she wore a similar sweatshirt at last year's State of the Union with no problem. Sheehan was arrested, Young was not. There are competing laws, Wolf, that govern conduct by visitors, especially prohibiting demonstrations or conduct to disrupt congressional proceedings. Sheehan says that was not her intent. We have repeatedly called Capitol Hill police throughout the day, requesting an interview with the Capitol Hill police chief. Wolf, so far, no go.

BLITZER: Well I don't understand, why was Sheehan arrested for wearing this T-shirt and Young was not arrested? What's the explanation?

NURENBERG: That is exactly the question we want to ask of Capitol Hill police. There is apparently a great deal of discretion on the part of officers. No question about the fact that those who asked Mrs. Young to leave the chamber were told very shortly thereafter that she was the wife of a congressman. Whether that went into the equation, quite frankly, we doesn't know and we're trying to find out.

BLITZER: What are the charges? She was arrested for, what, disorderly conduct? Was that the charge filed against her?

NURENBERG: Pretty close. The actual term is unlawful conduct. There are three separate laws that could apply here. One is in the U.S. code. One is in the D.C. code and the other apparently deals with the rules of what can happen in the gallery, those internal rules in the Congress itself. It is that federal code violation Sheehan was charged with.

BLITZER: All right, Gary, we're going to stay on top of this story. We'll have you back. I want to make sure we get some answers to what happened and didn't happen, the battle of the T-shirts, if you will, last night in the U.S. Congress. Gary Nurenberg reporting for us.

In the aftermath of last night's arrest Cindy Sheehan is taking her cause to the Internet. Let's go to our Abbi Tatton. She's got the very latest -- Abbi.

ABBI TATTON, CNN INTERNET REPORTER: Wolf, you'll find Cindy Sheehan's own account of what happened in her words last night at the site of liberal filmmaker, Michael Moore. This is a Web site that has been featuring posts by Cindy Sheehan since last.

In it you'll see a picture of the tee shirt she was wearing when she entered the Capitol and also her description of what happened. As we heard, she said she unzipped her jacket and it revealed a tee shirt that was protesting the war. And an officer saw it and yelled. protester.

She says she was treated roughly and shoved. She said at no point she was asked to zip the jacket back up although Capitol police dispute that, saying that she was asked to zip the jacket back up and could have stayed if she had. Incidentally, this is not the first time Cindy Sheehan has blogged about an arrest online. At the Huffington Post in September last year she talked about being arrested outside the White House.

BLITZER: Abbi, thank you very much. Let's check in with our Jack Cafferty. He's in New York with the Cafferty File. Jack.

JACK CAFFERTY, CNN ANCHOR: No one has accused me of being a style maven and some of our viewers point that out with some regularity. But if I planned to attend the State of the Union address, I probably wouldn't wear a tee shirt. Something about the appropriateness of the dress, dressing to fit the occasion. I don't know. Dumb.

Civil liberties organizations filed a class action lawsuit against AT&T. They say that the phone company violated the law and customers privacy by cooperating with the NSA in the eavesdropping program. The Electronic Frontier Foundation is the outfit that filed the suit. They claim that AT&T let the NSA have direct access to phone calls and Internet data in the network along with a massive database of telephone and Internet records.

The group wants to stop the eavesdropping program and is seeking billions of dollars in damages. AT&T says, quote, we decline to comment on matters relating to national security or customer privacy, unquote. Not exactly a denial, is it?

So here's the question. Does it concern you if AT&T is cooperating with the NSA eavesdropping program? E-mail us at caffertyfile@CNN.com or go to CNN.com/caffertyfile. Mr. Blitzer.

BLITZER: Thank you very much, Jack. Appreciate it. We'll get back to you soon with those e-mails.

Coming up, a crowning moment for Justice Samuel Alito and the president who nominated him. We're going to go to Alito's public swearing-in ceremony at the White House. That's coming up. We'll bring you that ceremony live.

And Katrina blow-back. New testimony before the U.S. Congress. Is the New Orleans Mayor Ray Nagin on the hot seat? Plus, a lack of leadership? What was the main reason for the federal government's slow response to Hurricane Katrina? We'll tell you what a new report says.

You're in THE SITUATION ROOM.

(COMMERCIAL BREAK)

BLITZER: We're going to go to the White House momentarily, the president getting ready to go into the East Room of the White House to swear in the new associate justice of United States Supreme Court, Samuel Alito. We'll go there live once that starts.

Meanwhile, new finger pointing and defending today over the government's slow response to Hurricane Katrina. The Department of Homeland Security is firing back at a report criticizing the lack of a clear line of command within the Bush administration.

The Government Accountability Office faults Homeland Security chief Michael Chertoff for failing to fill a leadership role after Hurricane Katrina hit, but his department calls those findings premature and unprofessional.

Meanwhile, the New Orleans Mayor Ray Nagin also was on the defensive today over the city's hurricane evacuation plan. He was the star witness over at a Senate hearing right here in Washington. Our Andrea Koppel is covering Katrina politics on the Hill today and is joining us live.

ANDREA KOPPEL, CNN CORRESPONDENT: Going into today's hearing, committee chair Republican Susan Collins of Maine made clear that she wanted Nagin to answer two nagging questions. One, why he waited 24 hours to order a mandatory evacuation. The second question focused on the New Orleans Convention Center.

(BEGIN VIDEO CLIP) SEN. SUSAN COLLINS, (R-ME) HOMELAND SECURITY CHAIRWOMAN: We've gone through roughly 800,000 pages of documents, and we can't find any evidence of a request from the city or from the state to FEMA to get supplies to the Convention Center.

MAYOR RAY NAGIN, (D) NEW ORLEANS: With all due respect to Secretary Chertoff and Mr. Brown, I don't understand how anyone in authority, with this type of crises, can say that they were not aware that we had a crisis in New Orleans and we had people that were stranded on roofs, on highways and at the Convention Center and that they didn't know about it. That's just next to impossible.

(END VIDEO CLIP)

KOPPEL: That said, there wasn't a lot of new ground broken during today's hearing. There are more hearings planned for tomorrow when the Governors of Louisiana and Mississippi take the hot seat, Wolf.

BLITZER: All right. We'll be watching those hearings as well, Andrea. Thank you very much.

After Hurricane Katrina, there was Hurricane Rita. And you might remember that tragic bus explosion involving nursing home residents who were trying to flee that storm in Houston. It happened near Dallas, 23 of them were killed when the bus caught fire and exploded.

In an indictment unsealed today, the bus tour company, Global Limo, and the owner, have been charged with conspiracy and other crimes in those deaths. They're accused of conspiring to falsify driver time records and failing to inspect the busses to ensure their safety.

We're waiting for Samuel Alito's swearing-in ceremony, the East Room of the White House. This is a live picture inside the White House. The president will be going there for this official swearing- in ceremony. He was sworn in yesterday in time for the president's State of the Union address. This is more of a public swearing-in ceremony, and guests have already gathered. The president will get off Marine One, walk into the White House and participate in this ceremony.

While we're waiting today, let's check in with our Fredricka Whitfield, she's standing by at the CNN global headquarters in Atlanta for a quick check of other stories making news. Fred feeling in for Zain today -- Fred.

FREDRICKA WHITFIELD, CNN ANCHOR: Hello to you, Wolf. Today the trial against Saddam Hussein did not include Hussein himself. Hussein, four co-defendants and the defense team, refused to attend. A spokesman says Hussein wants a fair trial before a fair judge and doesn't feel he's getting either. They accuse the new chief judge of bias and want him removed. The trial adjourned after several hours of testimony and is set to resume tomorrow.

Also in Iraq, a suicide bomber detonates bombs in Baghdad killing three and wounding 61. The bombing happened in the midst of a group of day laborers. Two hours later an improvised explosive device went off near the entrance to the Interior Ministry in central Baghdad injuring two people.

Despite the violence, U.S. Defense Secretary Donald Rumsfeld commented on the recent decline in insurgent attacks.

(BEGIN VIDEO CLIP)

DONALD RUMSFELD, DEFENSE SECRETARY: They're on the run. They clearly have a lot of pressure on them. That doesn't mean they can't go kill people. It doesn't mean they can't hire people to go our and blow themselves up. But they have failed in almost everything they've tried to do thus far.

(END VIDEO CLIP)

WHITFIELD: Elsewhere in the Middle East a violent battle between baton wielding Israeli security forces and demonstrators today. It happened on Palestinian land near Ramallah. After several hours, the Israeli forces demolished nine houses at an illegal settlement. Israeli medical officials say more than 200 people were hurt. We'll have much more on this in the next hour.

BLITZER: Fredricka Whitfield, thanks very much for that update. We'll check back with you soon.

On our "Political Radar" today, the Governor Arnold Schwarzenegger going broke. Financial reports show the California Republican is reentering his reelection campaign, get this, $410,000 in debt. Schwarzenegger spent more than $45 million to promote his agenda in last year's statewide special election. He lost big. And now he's paying another price with his political accounts tapped out.

Senator Joe Biden says he has enough money to keep considering a run for the White House. Financial reports show the Delaware Democrat ended 2005 with three million dollars in his campaign account. Biden says that exceeds his goals.

But he is no match for the likely Democratic front runner. As we reported yesterday, Senator Hillary Clinton has more than five times as much cash on hand as does Biden.

Let's go to the East Room of the White House, the president about swear in Samuel Alito as another justice of the United States. There he is, the president, standing next to the Samuel Alito. Let's listen to the president.

BUSH: Good afternoon. Laura and I welcome you to the White House. Mr. Chief Justice, thank you for coming. Members of the Supreme Court, thank you all for being here.

Members of the Senate, we're honored you're here. Ladies and gentlemen, appreciate you joining us on this historic occasion. This afternoon, we're also honored by the presence of a strong and graceful woman, Mrs. Sissy Marshal. Thank you for coming, Mrs. Marshal. Yesterday the United States Senate confirmed Sam Alito as the 110th justice of the Supreme Court of the United States. Last night he looked pretty good in that black robe sitting there.

It's a proud day for Judge Alito and his entire family. We extend a special welcome to Martha, who has been at his side for more than 20 years, and with us you can see their son Phil and daughter Laura. If they're anything like our daughters, they're probably telling their dad how to behave and how to testify.

I Appreciate Rosemary being with us today. And we're thinking of Sam's Mom, Rose, who turned 91 in December. And of course as we think of Rose, we think of her husband, Sam's late father. He came to our country as an immigrant from Italy in 1914.

Sam Alito, Sr. instilled in his son a deep commitment to serving his fellow Americans. And I'm sure he's looking down with pride as Sam takes his place on the highest court of the United States of America. Sam Alito is replacing an extraordinary justice, Sandra Day O'Connor.

Justice O'Connor has been an admired member of the Supreme Court for 24 years. She has served her nation with decency and spirit and great devotion and I thank her on behalf of all the American people.

Sam, you've drawn quite a distinguished crowd here. Appreciate the vice president being here and Lynn. I want to thank the attorney general and other members of my cabinet who joined us today. I want to thank the members of my team who worked so hard to help Sam, particularly, former Senator Dan Coates of Indiana.

I want to thank Secretary Mike Chertoff. The reason I bring up Chertoff is they worked together and Chertoff kind of put in a good word for Sam at a crucial moment. I particularly want to thank the members of the Senate. I'm sorry, I'm a little late. I have just come in from Tennessee. I got a little windy and Senator Frist was with me.

I appreciate you, leader, for working hard to get this good man through and thank you, Mitch. Senator McConnell as well. I don't want to name all the senators since we're running late but I do want to mention the Chairman of the Judiciary Committee, Arlen Specter, who did a heck of a good job.

Judge Alito becomes Justice Alito. As he becomes Justice Alito our nation completes a process that was ordained by our founders in Philadelphia more than 200 years ago. Under The Constitution, the president nominates, and by and with the advice and consent of the Senate, appoints the justices of the Supreme Court.

This process has been carried out many times since the beginning of our democracy. And each new appointment represents a renewal of the promise of our country and our constitutional order.

Our founders thought carefully about the role they wanted judges to play in the American republic. They decided on a court system that would be independent from political or public pressure with judges who serve for life.

America expects members of our judiciary to be prudent in exercising judicial power and firm in defending judicial independence. So every member of the Supreme Court takes an oath to uphold The Constitution and administer justice faithfully and impartially. This is a solemn responsibility, and the man we honor today has demonstrated his devotion to our courts and law through years of service to our country.

Sam Alito has distinguished himself as a member of our military, a federal prosecutor, assistant to the solicitor general, U.S. attorney in New Jersey and for the last 15 years a highly respected judge on the Third Circuit Court of Appeals.

Sam Alito is known for his steady demeanor, careful judgment and complete integrity. Throughout his career, he has treated others with respect. In return, he has earned the admiration of his colleagues on the bench, the lawyers who have come before it and, of course, a very devoted group of proud law clerks.

During the confirmation process, the American people saw a man of character and legal brilliance. Like our fellow citizens, I was impressed by the dignity Sam Alito and his family displayed during the Senate hearings and by the thoughtful scholarship and reverence of The Constitution that have always defined his approach to the law.

A Supreme Court Justice must meet the highest standard of legal excellence, while serving with humility and fidelity to our founding promise of equal justice under the law. These are qualities Americans want in a Supreme Court Justice. These are qualities Americans see in Sam Alito.

He will make a superb justice of The Supreme Court, and I know this son of New Jersey will make all Americans proud. Sam, I thank you for agreeing to serve our country again and for accepting this new call to duty.

Now I ask the Chief Justice of the United States, John Roberts, to please step forward and administer the oath.

JOHN ROBERTS, CHIEF JUSTICE OF THE SUPREME COURT: Repeat after me. I, Samuel A. Alito, Jr., do solemnly swear --

SAMUEL ALITO, SUPREME COURT JUSTICE: I, Samuel A. Alito Jr., do solemnly swear.

ROBERTS: That I will support and defend the Constitution of the United States.

ALITO: That I will support and defend the Constitution of the United States.

ROBERTS: Against all enemies, foreign and domestic.

ALITO: Against all enemies, foreign and domestic.

ROBERTS: That I will bear true faith and allegiance to the same.

ALITO: That I will bear true faith and allegiance to the same.

ROBERTS: That I take this obligation freely.

ALITO: That I take this obligation freely.

ROBERTS: Without any mental reservation.

ALITO: Without any mental reservation.

ROBERTS: Or purpose of evasion.

ALITO: Or purpose of evasion.

ROBERTS: And that I will well and faithfully discharge.

ALITO: And that I will well and faithfully discharge.

ROBERTS: The duties of the office on which I am about to enter.

ALITO: The duties of the office on which I am about to enter.

ROBERTS: So help you God.

ALITO: So help me God.

ROBERTS: Congratulations

ALITO: I'm really overwhelmed by this occasion, and I thank you all for that applause, and thank you for coming. And thank you very much, Mr. President. Thank you for nominating me and for all of the time and attention and personal support and encouragement that you have given to me and to my family at every step of this process, from the nomination all the way through the confirmation. My family and I are deeply honored.

I am very thankful for all the people who helped me get through the past three months. And I really wish that I could name them all, but we would be here all afternoon if I did that. And so I will not try to name everyone. But I must especially mention Harriet Myers and Bill Kelly (ph) and the lawyers in their office.

And Ed Gillespie and Senator Dan Coates, without whose help I would still be wandering aimlessly in the Senate complex. And all of the great lawyers from the Department of Justice under General Gonzales, Rachel Brand (ph) and Christ Matlin (ph), and many others. As I said, I feel bad I can't mention everybody's name, but I hope they all know how much I appreciate everything they have done for me.

I want to express my gratitude to members of the Senate. I will always be very grateful to Chairman Specter SEN. for ensuring that the -- for the very fair and expert way in which the proceedings before the Senate Judiciary Committee were conducted. And to all of the members of the Judiciary Committee who ensured that the record of the hearing contained all the information that was necessary for a fair assessment of my nomination.

I also -- I'm very grateful to Senator Frist and to Senator McConnell for all of their efforts and for all the members of the Senate who supported me and gave fair and conscientious consideration to my nomination. Thank you very much.

Many people helped me at various stages of my legal career, and I hope they all know how much I appreciate what they've done for me. And again, I'd love to mention everybody, but I won't do that. But I hope they know how much it means to me that so many of them are here today and all the things that they've done for me.

This is a very happy occasion for me, but I am sorry to be leaving some wonderful colleagues on the United States Court of Appeals for the Third Circuit. But I'm comforted by the fact that we will always be close friends. And I was very touched yesterday by the extremely gracious and warm reception that I received from my new colleagues.

During my 15 years on the Court of Appeals, my law clerks were absolutely indispensable, and I can't begin to tell them how much I appreciate all the things that they did for me over the last three months. My family, as usual, has been incredible. They mean everything to me, and I hope they know how much I love them and how much their support has meant to me.

And finally, I want to express my thanks from the bottom of my heart to the many people -- friends and neighbors and colleagues and many other people -- who have gone out of their way since the day of my nomination to extend words of support and encouragement to me.

So many people have written me letters. So many people from all walks of life have stopped me on the street to tell me that they were praying for me and for members of my family. And the prayers of so many diverse people around the country have been a really palpable and a powerful force. And I'm very grateful to all of them.

I don't think that anyone can become a justice of the Supreme Court of the United States without feeling a tremendous weight of responsibility and a tremendous sense of humility. And, of course, it's particularly humbling to try to succeed Justice O'Connor, to whom the country owes such a great debt of gratitude for her tremendous service.

I will not go on too long. I will just conclude by saying that the many letters that I've received over the past three months have reminded me how much the people of the United States revere our Constitution and our form of government and how much they look to the Supreme Court of the United States to protect our form of government and our freedoms.

That is an awesome responsibility. And in light of that, I think it's -- only very simple and very sincere words are appropriate in closing. And so I simply pledge that I will do everything in my power to live up to the trust that has been placed in me. Thank you very much. BLITZER: There he is, Samuel Alito. He's now sworn in, together with his wife. She's clutching the bible. The president is there. The 110th justice of the United States Supreme Court. It's all now publicly official. It was official yesterday in time for the State of the Union address.

Coming up here in THE SITUATION ROOM, he's a member of the Senate. So why is John McCain jumping into a political battle in the House of Representatives? We're going to go live to Capitol Hill to find out.

Plus, the selling of the speech. The president embarks on a three-day, four-state tour. Coming up, I'll speak with Donna Brazile and Bay Buchanan to rate the White House strategy. Stick ahead. You're in THE SITUATION ROOM.

(COMMERCIAL BREAK)

BLITZER: Welcome back to THE SITUATION ROOM. I'm Wolf Blitzer in Washington. The president went on the road today to sell the State of the Union address. Was he able to rally the American public or widen the partisan divide? Have Democrats done enough to provide an alternative vision?

Joining us now in our strategy session, CNN political analyst Democratic strategist Donna Brazile, Bay Buchanan, president of American Cause. Bay, I'll start with you. What was your bottom line assessment of the president's speech last night?

BAY BUCHANAN, PRESIDENT, AMERICAN CAUSE: He failed. He failed. I don't think the message was a correct one. I think he talked too much about the world stage and not about this country and its problems. I think he addressed the programs as if they will help the internationalists, "We're going to make sure we're globally competitive," et cetera.

He didn't talk about the problems the American workers today face. I think a president of the United States in a State of the Union has to touch and make the people in this country -- touch their hearts. Make them feel -- he might not have all the answers, but he understands the problems that they're facing today.

And if he doesn't do that, I think you have to say he failed. I think short term, people saw that he is the president. He was forceful. The speech was well worded, and it had some good points to it. But I think if you fail on that count, you can't succeed in the long run.

BLITZER: Donna?

DONNA BRAZILE, CNN POLITICAL ANALYST: Well, there's no question that he failed to stir many Democrats with his old recipes for fixing the economy, more tax cuts for the wealthy. The president once again showed us he had a green thumb. He showed us that in 2003 on energy independence, but we know that not much happens after the State of the Union remarks. So overall, I think many Democrats did not come out of the room saying, "Oh, he's going to change the tone. He's going work with us." Instead, it was more of the same.

BLITZER: Here's an excerpt of what the president said last night, referring to his critics. Listen to this.

(BEGIN VIDEO CLIP)

BUSH: There's a difference between responsible criticism that aims for success and defeatism that refuses to acknowledge anything but failure. Hindsight alone is not wisdom and second-guessing is not a strategy.

(END VIDEO CLIP)

BLITZER: What do you think of that strategy, going after his critics like that?

BUCHANAN: Excellent. On that point, I think he did a terrific job. I think on Iraq, he did a superb job, and he really put that side -- clarified to America what that side represents. And I think he did an excellent job on NSA as well, the wiretapping. I think he wins points on both those counts.

BRAZILE: That's when Democrats wanted to take off the gloves and say, "OK, Mr. President. You want to put up or shut up." We didn't send those troops to war under false pretenses, we didn't send them without body armor, we didn't send them without a game plan for victory.

And that's when Democrats said, "You know what? That's enough. We all support our troops, we want to get them home safely, but we want them successful. And if you want to be successful, then give us a plan for victory." And I thin that's, again, part of the partisanship that exists in this city. People want to see the parties working together to come up with good solutions.

BLITZER: Here's how Congressman John Murtha, Democrat of Pennsylvania, a critic of the president's Iraq strategy, put it earlier today.

(BEGIN VIDEO CLIP)

MURTHA: Bush administration's ever-changing justification of the war in Iraq combined with tragic missteps have resulted in worldwide collapse for U.S. policies in Iraq. Restoring world confidence in America as a competent and morally superior world leader is essential to winning the war on global terrorism.

(END VIDEO CLIP)

BLITZER: All right, Bay, what do you think of John Murtha?

BUCHANAN: You know, I think on this -- this is where the Democrats are very weak. I think the American people want to know how we're going to go from today and get out of Iraq. They want to see us win, and then they would like us to come home. And to talk about yesterday and why we got there that's not...

BLITZER: Well, he talks of an exit strategy. I spoke with him, and he's going to be on the program at 7:00 tonight. He has an exit strategy, basically, to re-deploy to the periphery outside of Iraq.

BUCHANAN: Well, that can be debated, and let's debate it. And I'd like to what the -- but I think the key here is that people from Washington shouldn't be giving military people in Iraq what they should be doing. I think the president is wise, and I think the American people would agree with him, that we must let the military leaders in Iraq to decide the best way to take the next step there. And I would disagree Murtha.

BRAZILE: Well, we spent $250 billion in Iraq. And one of the reason why the president didn't have any bold plans last night is because we're strapped for cash. And, you know, it's important to hear people like Mr. Murtha outline his own vision, outline the Democratic Party. He doesn't speak for every Democrat, but he speaks for enough Americans that John Murtha's plans should be debated somewhere on Capitol Hill.

BLITZER: Let's talk about the Democratic response. The newly elected Governor of Virginia, Tim Kaine, delivered it. He said, "I'm not an expert on foreign policy or the war." Why would the Democrats ask someone who's only been in office for less than three weeks, who says himself he's not an expert on foreign policy or the war, two of the key issues facing the American people, to deliver this response?

BRAZILE: Well, you know, he's a fresh face. He's won an election in a red state. And the Democrats last night wanted to put somebody who's not seen as a partisan part of the problem in Washington, D.C., somebody who can work on the other side, find solutions to help the American people get their jobs back.

And I thought Tim Kaine did a terrific job. And, you know, I saw one other governor a couple years ago, and it made me upset that we chose a governor. But last night, we had a good governor (ph).

BLITZER: You've got to hold your fire because we're out of time. Bay and Donna, thanks very much for that. We'll see you soon.

Up next, the battle under the dome for the House leadership. We'll tell you why this story is more than just an inside the beltway intra-party squabble.

One of the nation's largest phone companies is ensnarled right now in a legal fight over the country's domestic spying program. A civil liberties group is suing AT&T, saying they're aiding the eavesdropping program. What do you think of that? Jack Cafferty has your emails.

(COMMERCIAL BREAK)

BLITZER: There's a new player today in the race to replace Tom DeLay as the House majority leader: Senator John McCain. Senator John McCain. And, no, he's obviously not running for the job, but he is casting an unofficial vote on the eve of the election. Our congressional correspondent Ed Henry is joining us to explain what's going on -- Ed.

ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: ... Delay got a bit more interesting today when McCain, a senator, took the rare step of getting involved in this House leadership struggle.

(BEGIN VIDEOTAPE)

HENRY: Senator John McCain endorsed congressman John Shadegg in the race to succeed Tom DeLay as House majority leader. McCain said his colleague from Arizona is committed to ending the practice of special interest projects getting snuck into legislation.

SEN. JOHN MCCAIN (R), ARIZONA: We have to fix the way that we do business in getting appropriations done and not having them appear on our desk in the middle of the night.

HENRY: McCain notes that abuse of the spending process helped spark the lobbying scandals of Jack Abramoff and former Congressman Duke Cunningham. The issue is so potent among conservatives that President Bush highlighted it in his state of the union.

BUSH: The federal budget has too many special interest projects.

HENRY: While the president is not picking sides in the House leadership race, he has a major stake in it because DeLay delivered him many victories. Congressman Roy Blunt is the front-runner to replace DeLay. But as a DeLay protege and supporter of earmarks, Blunt is battling charges he's not a reformer.

REP. ROY BLUNT (R), ACTING HOUSING MAJORITY LEADER: I think that's almost some kind of unnecessary acknowledgement that somehow, the leadership in the Congress was responsible for laws that were broken. That's clearly not the case.

HENRY: But in addition to Shadegg, Blunt facing a challenge from John Boehner, an opponent of earmarks who wants to shake up the system and reign in federal spending.

REP. JOHN BOEHNER (R), OHIO: We have a budget that's not balanced, we have entitlement programs that aren't sustainable.

(END VIDEOTAPE)

HENRY: While Blunt claims he has the votes to wrap this up, other Republicans think his support is soft and that this might not be decided after just one ballot tomorrow.

If it goes to a second ballot, the betting right now is that John Boehner could be in a strong position to win, possibly with the support of Shadegg. Others say Shadegg could also pull it out. The bottom line is no one knows for sure. It could get pretty wild behind closed doors tomorrow, Wolf. BLITZER: We will be watching no one closer than you, Ed. Thanks very much. Ed Henry's our man on the Hill.

President Bush is taking his State of the Union message outside the Washington beltway in search of a broader and possibly more receptive audience than he had last night. Our senior political analyst Bill Schneider has been in the heartland getting reaction to the president's speech. Bill is in Columbus, Ohio.

(BEGIN VIDEOTAPE)

BILL SCHNEIDER, CNN SENIOR POLITICAL ANALYST: Wolf, here in Ohio, people are worried. Did President Bush address their concerns?

BUSH: In the last two-and-a-half years, America has created 4.6 million new jobs.

SCHNEIDER: Tell it to the people of Ohio.

JAMES DREW, "TOLEDO BLADE": Ford is closing the plant in Batavia, 1,700 jobs lost. Wal-Mart has replaced GM as the largest corporate employer in Ohio.

SCHNEIDER: Topic "a" is jobs.

JOE HALLET, "COLUMBIA DISPATCH": People see the exodus in manufacturing jobs, and even in white-collar jobs, too. And they wonder what will replace those jobs.

SCHNEIDER: Did the president have an answer?

DREW: I think that the president needed to offer more economic hope for this state.

SCHNEIDER: Topic B in Ohio is Iraq.

DREW: And the loss of life here of Ohioians -- as I said, more than 100 killed so far. The grieving is non-stop.

SCHNEIDER: President Bush said...

BUSH: We are in this fight to win, and we are winning.

SCHNEIDER: In Ohio, they don't see it.

DREW: But they do want to see and hear more than rhetoric about, "We are winning this war," when there is not that feeling in that state.

SCHNEIDER: President Bush said he supported efforts to strengthen ethical standards, welcome news in a state rocked by Republican scandals.

DREW: He got large applause when he talked about reforming ethics. And that is a big issue here in Ohio because we have had a lot of statehouse scandals involving Republicans. SCHNEIDER: With job losses, scandals, and Iraq, would Ohio vote for President Bush now? The answer I got was, "Probably yes, as long as President Bush could make the claim, 'I'll keep you safe'" -- Wolf?

(END VIDEOTAPE)

BLITZER: Bill Schneider reporting for us. Bill, thank you very much.

Coming up, are smugglers using puppies to transport their illegal drugs across borders? We're going to find out in the next hour.

Plus, Iran's leader lashes out at President Bush. I'll speak with our Christiane Amanpour about the nuclear showdown between Washington and Tehran. That's coming up in our 7:00 p.m. Eastern hour. You're in THE SITUATION ROOM.

(COMMERCIAL BREAK)

BLITZER: You're back in THE SITUATION ROOM. So is Jack Cafferty. He's got "The Cafferty File."

Hi, Jack.

CAFFERTY: Hi, Wolf. A civil liberties organization has filed a class action lawsuit against AT&T. They say the company violated the law and customers' privacy by cooperating with the NSA in its eavesdropping program. AT&T says, quote, "We decline to comment on matters relating to national security or customer privacy," unquote.

The question, then, is this: Does it concern you if AT&T is cooperating with NSA eavesdropping program?

Becky in Knoxville, Tennessee writes, "I object to any of my private information being given out to anyone for any reason without my express written consent. I didn't like it when my sister read my diary, I didn't like it when my mom went prying in the contents of my dresser drawers, and I don't like AT&T becoming a coconspirator with Mr. Bush to spy on American citizens."

Bobby in Charlotte, North Carolina: "It definitely concerns me that AT&T is cooperating with the NSA eavesdropping. Companies should look out for the best interest of the their customers. If there is concern about particular individuals, get a court order and then pull their records."

Jack in Lakewood, Washington: "It would bother me if AT&T did not cooperate with the NSA."

Stephen writes, "I would expect the cooperation of corporations, as well as the media, to assist our government in time of war, specifically if the information requested involves communications with the enemy."

Mike in Long Beach writes, "Not only does our household subscribe to AT&T's telephone services, but our DSL, which includes all of our email, including this one to you, is via AT&T. It was not my understanding that my contract with that company was to be shared with the government.

And Edward in Ottawa writes, "AT&T resigning Carrot Top to pimp long distance is more a concern to me."

BLITZER: Jack, thank you very much. See you in a few minutes.

Your taxes are paying for it. Congressional aid surfing the popular Web site. Wikipedia, the online encyclopedia, allows visitors to add and edit entries on just about everything possibly. And apparently, some lawmakers aren't very happy with their bios, how they appear online. Jacki Schechner has got some more -- Jacki.

JACKI SCHECHNER, CNN INTERNET REPORTER: That's right. This is the Web site Wikipedia, the online encyclopedia, that anyone can edit. And essentially, what happened here is congressional staffers went in, made some changes to bios online.

Now, we've confirmed with Representative Marty Meehan's office that it was someone in his office that made some changes to his bio. What happened was an enterprising reporter Meehans' home district contacted Jimmy Wales, the founder of Wikipedia, that he noticed the changes were coming from an IP address, an Internet protocol address, that was traced back to the House of Representatives.

So they checked this all out, and it was, in fact, true. Now, he's not the only one this was happening to. Norm Coleman's staff, they actually made changes in Wikipedia as well. For example, it was part of Norm Coleman's bio that says that he was voting 98 percent of the time, along with President Bush, and that he wasn't a moderate Republican. His staffers went in and made these changes, saying that he was, in fact, a moderate.

Now, they're not the only ones immune. There are thousands of changes online. Other senators' bios have been affected. Robert Byrd, for example, Senator Bill Frist. What they did, Wikipedia did, in response to this was ban the IP address at the House of Representatives. They did that for a couple of days, try to deter people from going in and making all these changes.

They couldn't do it in the Senate, however, because the Internet protocol addresses are varied. They know that they're coming from the building, but there's not one address like there is in the House.

BLITZER: Jacki Schechner, thank you very much.

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