Return to Transcripts main page
The Situation Room
Ethics Panel Says GOP Leaders Were Negligent In Foley Scandal; President Struggling To Deal With Political Ground Shifting Beneath Him; Sen. Gordon Smith Unleashes Powerful Rebuke Of Mr. Bush's Iraq Policy
Aired December 08, 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: And to our viewers, you're in THE SITUATION ROOM, where new pictures and information are arriving all the time. Standing by, CNN reporters across the United States and around the world to bring you today's top stories.
Happening now, ethics questions answered in the Mark Foley congressional page scandal. A House panel reports on its probe into the way Republican leaders handled the case. We'll tell you what they found and we'll bring you some shocking new glimpses at Foley's sexually charged online messages.
Also this hour, the 109th Congress is putting out its closed for business sign. Do members deserve the "do nothing" label? And if they do, is that such a bad thing?
And the president won't get a holiday any time soon from the crisis in Iraq. And a fellow Republican is making matters worse for the president by saying U.S. policy in Iraq may -- repeat may -- be criminal.
I'm Wolf Blitzer.
You're in THE SITUATION ROOM.
The Mark Foley congressional page scandal was one of the nails in the coffin the Republicans' hold on power on Capitol Hill. But now an ethics panel says GOP leaders did not break any rules in their handling of Foley's sexually charged computer messages but they were, repeat, were negligent.
The report, issued just a couple of hours ago, contains more startling examples of Foley's online contacts with teenage boys. We're going to bring you some of those excerpts online in just a moment or so.
First, though, let's turn to our congressional correspondent, Dana Bash -- Dana, give us the headline.
DANA BASH, CNN CONGRESSIONAL CORRESPONDENT: Well, the headline is, Wolf, that the House Ethics Committee reported that and concluded that members of Congress and top staffers failed to protect young pages and that they were negligent. And that is the headline.
However -- and there's a big however here -- no one broke the rules, this report concludes, and therefore no one will be reprimanded.
Now, I'll read from the report here, a quote here. It says: "In all, a pattern of conduct was exhibited among many individuals to remain willfully ignorant of the potential consequences of Former Representative Foley's conduct with respect to House pages."
And here's the but: The investigative subcommittee did not find any current House members or employees violated the House code of official conduct."
But this report, Wolf, does go into detail in trying to make the case that just because they're not reprimanding anyone, it should not be seen as an idea that staffers acted properly, or even members of Congress.
In fact, this says that it should be seen as the contrary because the committee found significant -- a significant number of instances where members or officers of the House failed to exercise appropriate diligence and oversight. In fact, it found that they observed disconcerting unwillingness to take responsibility for resolving issues regarding Representative Foley's conduct.
Now, as for the motivation why these members of Congress and top staffers had this disconcerting unwillingness to take responsibility, they say that they can't find a formal conclusion, but they do have two theories.
Number one is because Congressman -- ex-Congressman Mark Foley is gay and at the time, until he left Congress two months ago, it was not out in the open, and perhaps they were trying to protect that.
And then the other theory is because of the families and the pages and former pages, trying to protect them.
Now, in terms of Representative Foley, because he is no longer a member of Congress, this report does not -- it says that they can't do anything about him. But this does say that the page -- he used the page program, in part at least, to identify possible future recipients of graphic communications -- Wolf.
BLITZER: Dana, thank you very much.
And, as we know, there's a separate criminal investigation underway in the state of Florida on all of this, as well.
We'll watch that.
The Foley Ethics Committee report just went online.
Let's bring in our Internet reporter, Jacki Schechner -- Jacki.
JACKI SCHECHNER, CNN INTERNET REPORTER: That's right, Wolf.
The House Ethics Committee has posted the entire report online and in it, it's included 16 separate exhibits. Included in those exhibits are pages of e-mails. And it's about 21 pages of those, the e-mails between Foley and a page and also e-mails between page and a staff assistant sounding the alarms.
Also, even more extraordinary, 104 pages worth of instant messages back and forth between Foley and, allegedly, a former page, where Foley says things like "I'd like to be jealous," when this former page says he's going out with a female friend of his. He says: "Especially when I like someone, I like to be jealous."
There's also another instant message in here that Foley says he was happy to be with the former page in San Diego. "Yes, it was fun." Foley says: "Did you want to fool around?"
Obviously, fool misspelled.
Again, it's 104 pages of instant messages so you're free to go through it for yourself.
We've posted easy links for you at CNN.com/ticker. And that's how you can get to this full report and all of the exhibits that are attached to it -- Wolf.
BLITZER: And some of those instant messages pretty graphic.
SCHECHNER: They are, yes.
BLITZER: Not necessarily appropriate for us to be talking about on this program.
Thank you, Jacki, for that.
Members of the 109th Congress are going out the way they came in -- with plenty of partisan bickering over which party is to blame for "making a mess." Amid all the squabbles, did members manage to get much of anything really done?
Let's turn to our senior political analyst, Bill Schneider -- Bill.
WILLIAM SCHNEIDER, CNN SENIOR POLITICAL ANALYST: Wolf, it's being called the do nothing Congress.
Is that a bad thing?
(BEGIN VIDEOTAPE)
SCHNEIDER (voice-over): It's being called the do nothing Congress.
Is that a bad thing?
Here's what the new House speaker says.
REP. NANCY PELOSI (D-CA), HOUSE MINORITY LEADER: It's been a do nothing Congress.
SCHNEIDER: I'll see you and raise you one, says this congressional scholar. NORM ORNSTEIN, AMERICAN ENTERPRISE INSTITUTE: This is the mother of all do nothing Congresses.
SCHNEIDER: The 109th Congress worked 103 days this year, not even half as many days as a full-time worker.
Did this Congress do anything?
Three hundred seventy-four bills were signed into law. Over a qtr of them were bills to rename federal buildings, like a post office named for actress Ava Gardner.
Congress did make it harder to declare bankruptcy.
They increased penalties for indecency in broadcasting. No more wardrobe malfunctions.
They authorized the 700-mile fence along the border with Mexico, but they didn't fund it.
Congress failed to pass lobbying reform or immigration reform or Social Security reform. They failed to raise the minimum wage or make the tax cuts permanent.
They debated constitutional amendments to ban flag burning and same-sex marriage but didn't pass them.
SEN. HARRY REID (D-NV), MAJORITY-LEADER DESIGNATE: Will we debate the raging war in Iraq? No.
Will we address our staggering national debt? No.
Will we address the seriousness of global warming? No.
SCHNEIDER: Congress' basic constitutional obligation is to pass a budget.
SEN. BILL FRIST (R), TENNESSEE: I'm heartened by the way Congress is uniting in a bipartisan, bicameral way in this unique situation.
SCHNEIDER: Out of 12 bills needed to fund the federal government, they ended up passing two. One thing they did do -- go into emergency session to pass a bill aimed at saving Terry Schiavo. The Republican Congress was perfectly willing to placate its base but totally unwilling to deal with the tough issues or even debate them.
ORNSTEIN: We've had problems with Congress. We've had dysfunctional Congresses for a number of years now. This one got worse, as Republicans in Congress decided that the best thing for them to do, approaching a pivotal election, was to hunker down, hope that nobody paid attention and let things pass them by.
SCHNEIDER: The Republican Congress tried to play it safe. They ended up losing everything.
(END VIDEOTAPE)
SCHNEIDER: Now, Congress is out of session. Maybe that's good news. As Will Rogers once said: "The country has come to feel the same way when Congress is in session as when the baby gets hold of a hammer" -- Wolf.
BLITZER: Bill Schneider, thank you for that.
The Congress no longer in session.
Our brand new poll, by the way, shows President Bush's job approval rating remains stuck below 40 percent, as he faces intense new pressure to try to change his approach in Iraq.
Thirty-seven percent of Americans now say they approve of the way Mr. Bush is doing his job. That's a point lower than his approval rating in our survey in late November.
A new Associated Press/Ipsos poll puts Mr. Bush's approval rating slightly lower, at 33 percent, and it shows his approval rating on Iraq is at an all time low. Only 27 percent approve of the way he's conducting this war. Seventy-one percent disapprove of his handling of Iraq.
Now to the White House, where Mr. Bush is wrapping up a week dominated by his Iraq problems and a bipartisan panel's rebuke of his policy. He's scheduled a new series of Iraq strategy sessions in the days ahead.
Let's turn to our White House correspondent, Ed Henry -- Ed.
ED HENRY, CNN WHITE HOUSE CORRESPONDENT: Wolf, stung by the twin blows of those election results, plus this week's blistering report by the Iraq Study Group, the president is struggling to deal with the political ground shifting beneath him.
So, a commander-in-chief who, for six years, did very little outreach to the Congress today was all about consultation, hosting a bipartisan group of lawmakers for the second time this week to talk about the issue of the war in Iraq; other matters, as well.
But when you listen closely to the president's words, he is just mostly speaking in generalities. He won't really be pinned down on any potential details, specific changes to his Iraq policy.
And when you listen closely to the words of his spokesman, Tony Snow, he's making clear that while the president is going to do a lot of consultation, in the end, he's the commander-in-chief and he's going to decide exactly what he's going to do.
(BEGIN VIDEO CLIP)
GEORGE BUSH, PRESIDENT OF THE UNITED STATES: We talked about Iraq. We talked about the need for a new way forward in Iraq. And we talked about the need to work together on this important subject. TONY SNOW, WHITE HOUSE PRESS SECRETARY: What the president is going to do is what you would expect a commander-in-chief to do, which is he did take a careful and thoughtful look at the report. And, as you know, there are other recommendations and suggestions and analyses coming his way in the very near future. And it's his job -- and people around the table understand this -- to try to come up with the best complex of policies.
(END VIDEO CLIP)
HENRY: Now, the White House explanation is the president doesn't want to be pinned down on details. He's in listening mode right now. He doesn't want to prejudge those separate reviews of Iraq policy being conducted by his administration, the State Department, the Defense Department, the National Security Council. So next week he's going to continue some listening sessions.
Monday he'll be at the State Department. Tuesday, a secure videoconference with military commanders in the field. Wednesday he'll be at the Pentagon. Then there'll be some sort of a big speech. Aides say it could be before Christmas, where he'll announce changes to Iraq policy.
But the bottom line is -- and the big question is -- how big of a change will it really be?
As you heard Tony Snow there, he's the commander-in-chief. And you remember, earlier this year, when the president faced a lot of criticism about Donald Rumsfeld, he said in the end, I'm the decider. And it might be the same principal here, Wolf.
BLITZER: All right, we'll wait for the decider to decide what his new strategy is going to be and we'll wait for that new speech to the nation.
Thanks very much, Ed, for that.
I want to thank Ed Henry, Bill Schneider, Jacki Schechner and Dana Bash. They are all part of the best political team on television.
And remember, for the latest political news at any time, check out our Political Ticker. Go to CNN.com/ticker.
Jack Cafferty will be back next week.
Coming up, a Republican gives President Bush an extra measure of misery on Iraq by breaking ranks.
Will Senator Gordon Smith's about-face prove to be a new turning point in the political war over the war itself?
Plus, he's never been shy about speaking his mind. We're going to tell you what Defense Secretary Donald Rumsfeld says in his farewell to his troops over at the Pentagon.
And a presidential explorer's past views on gay marriage are coming back to haunt him.
Has Republican Mitt Romney's opinion simply evolved or did he flip-flop to strengthen his hand in torture?
Stay with us. You're in THE SITUATION ROOM.
(COMMERCIAL BREAK)
BLITZER: President Bush has been getting attacked by Iraq critics on numerous fronts, from anti-war Democrats to the bipartisan Study Group that issued its stinging report this week. And now a Republican senator has done an about-face and has unleashed a powerful rebuke of Mr. Bush's Iraq policy.
Let's bring in our senior political correspondent, Candy Crowley -- Candy.
CANDY CROWLEY, CNN SR. POLITICAL CORRESPONDENT: Wolf, as you know, since the beginning of the Iraq War up to now, President Bush has been able to rely on a fairly big base of Republican lawmakers to support him. He no longer can.
(BEGIN VIDEOTAPE)
CROWLEY (voice-over): The Republican senator from Oregon describes himself as a quiet supporter of the Iraq War. He is neither any longer.
SEN. GORDON SMITH (R), OREGON: And I, for one, am at the end of my rope when it comes to supporting a policy that has our soldiers patrolling the same streets in the same way, being blown up by the same bombs, day after day. That is absurd. It may even be criminal.
CROWLEY: Et tu, Gordon Smith.
UNIDENTIFIED MALE: The senator from Oregon.
CROWLEY: It happened quietly, in the early evening, just before the year end recess. Smith, who has a reputation for bringing passion to the Senate floor, brought that in an unblinking brutal assessment about the situation on the ground, prewar intelligence and the president.
SMITH: I believe him to have a stubborn backbone. Hint guilty of perfidy, but I do believe he is guilty of believing bad intelligence and giving us the same.
CROWLEY: It is the first defection from what has been a reliable roster of Republicans supporting the Iraq War.
SMITH: I've tried to be a good soldier in this chamber. I've tried to support our president, believing at the time that we had been given good intelligence.
CROWLEY:. He is unlikely to be the last political soldier doing an about face. STU ROTHENBURG, POLITICAL ANALYST: Now that the mid-terms are over, now that the Study Group report is out, I think we're increasingly going to see what Republicans really think about the conduct of the war.
CROWLEY: Within a day of Smith's speech, it became a Democratic bullet point, advantaging what is a blow from the base of a president already under intense pressure, a war wearing public, a newly strengthened Democratic Party and a damning report from a panel full of marquis names.
But there is the politics of the situation and there is the reality.
ROTHENBURG: This is a lame duck president and while that means he doesn't have a lot of power anymore or his power is reduced, it also means that the impact on him, the influence on him that people can is, frankly, little.
CROWLEY: Aides say that a dozen of the Senate's Republican colleagues have approached him with positive responses, including, they say, one extremely conservative senator who told Smith: "That's how I feel."
(END VIDEOTAPE)
CROWLEY: Smith is still looking at the Iraq Study Group recommendations, but he says it seems to call for cut and walk. "I'd rather do it quicker than later," he said, adding, "Whatever it is, it will not be pretty."
BLITZER: You know, it's a pretty amazing development. This is not Lincoln Chaffee, who is a Republican, an outgoing Republican senator, very known for his liberal moderate views.
Gordon Smith is a solid conservative who's been basically strongly supportive of the president. For him to use words like that, criminal, if you will, it's a pretty shocking development.
CROWLEY: It absolutely is. I did ask them -- ask his office about the word "criminal." And they said he didn't mean that in a legal sense. I said boy, it sure sounded like it. But they're saying he just meant in the way you would say, well, that's criminal, you know? So, not legal.
It is -- I was looking into the poll earlier, the popularity poll of the president, the approval rating. And that 27 percent is reflected in the ranks of the Republican Party on Capitol Hill. I expect that we will see more of them.
BLITZER: Twenty-seven percent support him on the war and think he's doing a good job on a war. Thirty-seven percent his overall job approval number.
You know what? I heard his speech and it sort of reminded me a year ago when Democratic Congressman John Murtha, who has always been a strong advocate for the military, came out with his blistering attack on the president. And Gordon Smith, what he was saying sounded a lot like John Murtha.
CROWLEY: It really did. And I said how long has this been going on? Why didn't he say this before the election? Why now? What really started this?
And his office said look, he's been mulling this over for some time now. And it was one thing after another. It was, you know, all through the year watching the death rate of U.S. men and women climb. It was the elections, which sent a great big message. And then it was this Iraq Study Group. And they said they just piled on top of each other until he said I can't do this anymore.
BLITZER: He's a very passionate, emotional man. I've known him for some time, very thoughtful. This is going to cause quite a stir, Candy.
Thanks very much.
We're going to have more on the story coming up here in THE SITUATION ROOM.
Carol Costello is joining us from New York with a closer look at some other important stories making news -- hi, Carol.
CAROL COSTELLO, CNN ANCHOR: Hi, Wolf.
Hello to all of you.
An emotional and outspoken farewell today from outgoing Defense Secretary Donald Rumsfeld. At a town hall meeting, Rumsfeld told Pentagon employees that the worst day of his six year tenure was the day he learned about the abuse of detainees at the Abu Ghraib Prison in Iraq. He also pleaded for patience in the Iraq War. Rumsfeld has just a week left on the job before Robert Gates takes over.
An Illinois man appeared in court today facing charges he planned to set off several grenades at the Cherryville Shopping Mall in Rockford. FBI agents arrested Derrick Shareef on Wednesday. They say he met with an undercover agent and tried to trade stereo speakers for four hand grenades and a gun. They say he was acting alone and the public was not in any danger. A judge today ruled Shareef will remain in custody pending a hearing on December 20th.
A second lawsuit has now been filed against Taco-Bell in that E. coli outbreak in the Northeast. A Philadelphia man is also suing a company that grew green onions, which investigators are looking into as a possible cause. Officials say as many as 121 people in six states may be infected with the E. coli bacteria. There are 59 confirmed cases.
And the Space Shuttle Discovery could remain grounded through this weekend. Clouds forced last night's scheduled launch to be scrubbed and Kennedy Space Center forecasters say there is a 70 percent chance for a no go tomorrow. Lift off is set for 8:47 p.m. Eastern. The weather looks only slightly better on Sunday. When it does lift off, Discovery will head to the international space station.
We'll get the headlines right now -- Wolf.
BLITZER: Carol, thank you for that.
Carol Costello will be back.
Still ahead, are Republican leaders being let off the hook in the Mark Foley scandal or has the political damage already been done?
Donna Brazile and J.C. Watts -- they're standing by live. They'll hash over the new Ethics Committee report in our Strategy Session.
Also, what Senator Gordon Smith is now saying about Iraq.
And President Bush from Texas, weighed down by war. Our Jeff Greenfield will compare President Bush to another Texan, the late president, Lyndon Baines Johnson.
We'll be right back.
(COMMERCIAL BREAK)
BLITZER: To our viewers, you're in THE SITUATION ROOM, where new pictures and information are arriving all the time. Happening now, House GOP leaders will not face reprimands in the Mark Foley scandal. In a just released report, the House Ethics Committee says House leaders were negligent in failing to protect teen pages. But it concludes that no rules were actually violated.
President Bush is revving up his focus on Iraq. He'll hold a series of key briefings with senior State Department officials, experts at the Pentagon and other U.S. military personnel all next week on how to calm the surging sectarian unrest.
The White House says Mr. Bush hopes to address the nation before Christmas Day about a way forward in Iraq.
And U.S. and coalition forces are on the hunt for suspected terrorists. The U.S. military says coalition troops killed 20 insurgents and destroyed multiple weapons caches in secretary sweeps north of Baghdad today.
I'm Wolf Blitzer and you're in THE SITUATION ROOM.
Can President Bush and the incoming Democratic-controlled Congress find a way to work together on the Iraq crisis?
Joining us now in our Strategy Session, CNN political analyst, Democratic strategist Donna Brazile and former Republican Congressman J.C. Watts.
I want both of you -- and I'm going to play this sound bite, because I think it's significant. A conservative Republican, Gordon Smith, a senator from the state of Oregon, went to the floor and he said these words about the president's strategy in Iraq.
Listen to this.
(BEGIN VIDEO CLIP)
SMITH: I, for one, am at the end of my rope when it comes to supporting a policy that has our soldiers patrolling the same streets in the same way, being blown up by the same bombs day after day. That is absurd. It may even be criminal. I cannot support that anymore.
(END VIDEO CLIP)
BLITZER: All right, J.C. I don't know if you know Gordon Smith personally, but he's a very thoughtful, emotional lawmaker.
J.C. WATTS (R), FORMER CONGRESSMAN: Well, Wolf, that's never good when you have someone that wears the same color jerseys you do saying those kind of things about you. And that's what the president has. And it's not the first time that I've said what I'm about to say on this show, and that's the fact that when you see American lives being taken, you see not a lot of progress in your front room at night, stay the course is not the right thing.
Now, I will add, we can't leave. We have to win this. But there's going to have to be some tactical changes. And tactical changes does not mean that we should withdraw. The tactical changes means we've got to do some things differently in order to win, in order to leave the place a more stable place than we found it.
BLITZER: All right, Donna, this is Gordon Smith. You know, we've heard other Republicans critical -- Lincoln Chaffee, who is leaving the U.S. Senate, was not reelected; Chuck Hagel, among others.
But this is a very, very powerful indictment of the president's strategy and he uses the word -- the words it may even be criminal.
DONNA BRAZILE, CNN POLITICAL ANALYST: Well, you know, strong words coming from a Republican who has supported the president 100 percent, not just on the war, on other issues.
Look, I think we're at a turning point not just in Iraq, but in the United States Congress. Whereas before the Congress did not do any oversight hearings, did not provide any type of advice to the White House, what you'll see in the next Congress is Republicans and Democrats both stepping up to help give guidance to the president.
BLITZER: And you heard our Candy Crowley report that other Republican lawmakers, senators, went up to him afterward and said, "I'm with you, I agree with what you're saying."
And she's reporting that we're going to hear more of this from Republicans now.
WATTS: Well, Wolf, I suspect that you will. I think it's a new day in the Congress. I do think you're going to see more oversight. There was a slippage there in terms of oversight. But now that we've gotten the elections over with, I would still caution -- and I don't say that Senator Smith was -- that he was political. But I would still caution Republicans and Democrats both, to understand we're in a critical time. And make this as bipartisan and as realistic and objective as possible. And try with every ounce of might that you have to keep the politics out of it.
BLITZER: He met with the bipartisan congressional leadership at the White House earlier today. They seemed to say all the "right things."
But is that really realistic at this point?
BRAZILE: Well, the president pledged to listen. We all know that the president is listening, not just to the bipartisan Iraq Study Group, but he's listening to the Pentagon and the National Security Council. He's promised to outline a series of new steps, hopefully before Christmas. I think everybody is waiting to see what the president will do as it relates to Iraq.
WATTS: Well, Wolf, I think this gives the president -- the study group's report, I think the Pentagon's report, I think the president is looking for a way to pivot, and into a different strategy.
I don't think you're going to see the president cut and run, or you're not going to see the president pull out or say, we should have a date certain, time certain, as to when we pull American troops out of Iraq.
You won't see that. But I do think it gives the administration a way to kind of pivot into different strategies, different tactics, which, obviously, Senator Smith today, other Republicans, Democrats, will start to talk more about.
BRAZILE: But the first thing, I think, is the president has to acknowledge that mistakes were made, and that it's time for a change in direction.
That's what the American people are saying. You saw that in even a poll today. They're ready for the president to admit mistakes, and to move forward.
BLITZER: Because, after Iran-Contra, you remember, former President Ronald Reagan, he did say -- he apologize, in effect. He said, you know, a lot of wrong things happened, but it's time to move on.
Do you expect this president, knowing where he is coming from, what his attitude is, to come forward with that kind of an apology or mea culpa to the American public?
WATTS: Well, Wolf, I think the president has said on several different occasions that there were mistakes made. Condoleezza Rice has said, there were mistakes made.
BLITZER: But is that enough... WATTS: Well...
BLITZER: ... to say mistakes were made? Is it -- should he say, you know, I made serious mistakes, and, for that, I apologize?
WATTS: Well, Wolf, I mean, I don't think you have to apologize for doing the right thing.
The right thing was to tear down Saddam Hussein. I think you have to be realistic. And I think you have constantly go before the American people to say, mistakes were made. However, we have to win. We can't leave Iraq, and leave it a more unstable place than we found it.
BLITZER: What do you think, Donna?
BRAZILE: Well, look, there is no question that the Iraq Study Group made it very clear in their report that, once again, we had intelligence failure.
They made it very clear. And I haven't read all the report. I need some time this weekend. But they made it very clear that the current course will not lead us to victory, and the current course will lead to more instability.
So, I think the president needs to acknowledge his mistakes. He needs to apologize to the country, and to tell the American people that we're coming together now to forge ahead on a withdrawal plan.
BLITZER: Very quickly.
BRAZILE: We must start withdrawing, J.C.
WATTS: Well, the president has -- I think he's said before that he has made mistakes.
And the study group also said, there's no magic bullets out there. There's no magic solutions out there. They also said, we should talk to Iran and Syria, bring them into the mix. I disagree with that, because they have no good intentions for the United States of America.
But the president is in a tough situation. And I think we have to work together, not Republican, and not Democrats, but both, in order to work our way through this thing.
BLITZER: All right, guys, thanks very much. Have a nice weekend.
BRAZILE: Thank you.
BLITZER: Want to thank Donna Brazile and J.C. Watts. They are part of the best political team on television. You all know that.
And, remember, for the latest political news at any time, check out our Political Ticker at CNN.com/ticker. Coming up: What is next in the Mark Foley investigation, now that the House Ethics Committee has issued its report? The investigation isn't over, at least for federal and Florida authorities. We're going to take a closer look into whether Foley could face criminal charges.
And LBJ and president, both commanders of chief under siege by increasingly unpopular wars, but does Mr. Bush have an advantage Lyndon Johnson didn't?
Stay with us. You're in THE SITUATION ROOM.
(COMMERCIAL BREAK)
BLITZER: Welcome back.
Let's get some more now on that developing story surrounding the Mark Foley scandal.
The House Ethics Committee may have let House leaders off the hook, as far as rule-breaking is concerned, but its report also details instant messages and e-mail between Foley and several teenaged congressional pages.
Foley has been charged with nothing, but those communications raise new legal questions about potential crimes.
Let's bring in our senior Internet producer and CNN cyberspace expert, cyber-law expert, Alex Wellen.
All of these communications, clearly, some of them are crossing state lines. Does this affect some sort of criminal investigation, criminal liability, on the part of Foley?
ALEX WELLEN, CNN SENIOR INTERNET PRODUCER & CYBER CRIME ANALYST: It's the exact question that we're thinking about right now.
Federal investigators, state investigators are looking at all of these communications across state line. And that's exactly what -- in these communications, we see correspondence to Florida, San Diego. Federal enticement law deals with enticing minors and using a computer to entice a minor to engage in sexual activity. And minor is defined as under the age of 18 years old.
So, those are the laws. And these e-mails are giving us much more of a sense of how broad across the United States we're talking about.
BLITZER: So, that explains the federal, the nature of the federal investigation.
What about in the state of Florida, where there's a separate investigation under way?
WELLEN: We see specific references to Florida. "Where are you?" the e-mail says. "I'm in Florida."
Now, Florida law deals specifically with using a computer to entice a minor to do something illegal. And minor there, again, is defined as someone under the age of 18.
What kind of things are illegal in Florida? Sending them material that's harmful for minors, indecent exposure. And, then, finally, of course, there is engaging in sexual activity with someone who is 16 or 17. If the congressman were accused of something, and actually charged, then, he is above the age of 24, and that makes it a crime.
BLITZER: And, very quickly, he checked himself into a rehab clinic immediately after the scandal erupted, immediately after he stepped down from Congress -- alcohol the alleged problem he has. Does that give him some sort of legal defense?
WELLEN: Florida is like most states across the country. Voluntary intoxication is not a defense. And it is also not admissible as evidence to prove a lack of intent.
So, no, the alcohol -- and if that were the case, and if he were charged -- would not be a legitimate defense.
BLITZER: Alex Wellen, himself a lawyer, our cyber-law expert and our Internet producer, thanks very much. Good explanation.
On our "Political Radar" this Friday: In Ohio, a hand recount is over, and Republican Congresswoman Deborah Pryce still has a 1,055- vote lead over Democrat Mary Jo Kilroy. But Kilroy still is refusing to concede. The rest of the recount will be conducted by electronic machines. Officials -- election officials say the final results in Ohio's 15th Congressional District should be known next week, more than a month after the vote.
A pioneer for women with political influence has died. Jeane Kirkpatrick was the first female U.S. ambassador to the U.N. And she was an unabashed advocate of Reagan-era conservatism, after beginning her public life as a Democrat. Her assistant says Kirkpatrick died in her sleep at her Bethesda, Maryland, home last night. She was 80 years old.
Our condolences to her family.
And, remember, for all the latest political news at any time, check out our Political Ticker at CNN.com/ticker.
As we mentioned earlier, President Bush's approval rating has been falling steadily, largely because of his handling of the war in Iraq. It's not the first time an unpopular war has sent president's numbers sliding.
CNN analyst Jeff Greenfield is joining us now. And he wonders if looking back will help Mr. Bush dig out of his way -- dig his way out -- Jeff. JEFF GREENFIELD, CNN SENIOR ANALYST: Wolf, another Texas president finds himself under political siege, as the establishment turns against an unpopular war. Is history repeating itself? Or does the revival of another beleaguered president offer hope to this one?
(BEGIN VIDEOTAPE)
GREENFIELD (voice-over): By early 1968, Americans had turned against the Vietnam War. The enemy's Tet Offensive that year, while a military defeat, was a blow to Johnson's repeated assurances that ultimate victory was in sight.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Now is the time.
(END VIDEO CLIP)
GREENFIELD: The war, combined with racial and generational upheaval, helped give Senate Eugene McCarthy's insurgent primary campaign against Johnson a strong showing in New Hampshire, and propelled Senator Robert Kennedy into the presidential race days later.
But even more devastating to Johnson was the change of heart of new Defense Secretary Clark Clifford, a one-time hawk, who convinced LBJ he could no longer stay the course.
On March 31, Johnson announced a bombing halt, a turn toward negotiations in Vietnam, and this shocking political decision.
(BEGIN VIDEO CLIP, MARCH 31, 1971)
LYNDON BAINES JOHNSON, PRESIDENT OF THE UNITED STATES: I shall not seek, and I will not accept, the nomination of my party for another term as your president.
(END VIDEO CLIP)
GREENFIELD: When his term ended, Johnson went home to his Texas ranch, and essentially withdrew from the public arena. He died four years almost to the day after leaving office.
As Bush grapples with a war that has similarly lost public support, he has one huge advantage over Johnson. Bush does not face a frontal challenge from the voters. But he still has to find a way to make his two remaining years productive. And there may be a lesson from an earlier president.
In early 1987, Ronald Reagan was in trouble.
(BEGIN VIDEO CLIP)
QUESTION: What about the shooting...
(END VIDEO CLIP) GREENFIELD: His party had lost the Senate. And, worse, he was facing tough questions about an arms-for-hostages deal with Iran and the secret diversion of funds from that deal to Nicaraguan rebels. There was even some talk of impeachment.
Reagan cleaned house, bringing in experienced Washington hands like Howard Baker and Ken Duberstein. And he took full public responsibility for what had happened.
(BEGIN VIDEO CLIP)
RONALD REAGAN, PRESIDENT OF THE UNITED STATES: Let me say, I take full responsibility for my own actions and for those of my administration.
(END VIDEO CLIP)
GREENFIELD: The crisis passed. And, by his term's end, the prospect of the Cold War winding down and warmer relations with the Soviet Union helped Reagan leave office with a much higher approval rating than when he was elected.
(END VIDEOTAPE)
GREENFIELD: The problem for this president is that his central dilemma can't be fixed with a new defense secretary or chief of staff or with a well-crafted speech. He has to find a way out of a war that has not done what he said it would do. He may find himself envying Lyndon Johnson's decision to simply leave the stage -- Wolf.
BLITZER: Jeff, thank you -- Jeff Greenfield reporting.
Coming up: Massachusetts Governor Mitt Romney sets his sights on the White House. Could mixed messages on gay marriage derail him before his campaign begins?
And, later: Former President Jimmy Carter finds himself under a cloud of controversy over his new book, entitled "Palestine: Peace, Not Apartheid." We're going to have the latest on this uproar.
Stay with us. You're in THE SITUATION ROOM.
(COMMERCIAL BREAK)
BLITZER: He's the outgoing governor of the first state to legalize gay marriage. And, as you might expect, Republican Mitt Romney has some very strong opinions on that very hot-button issue.
But those opinions have evolved over the years. And there is new second-guessing going on right now about the reasons why.
Let's turn to our Carol Costello once again for more on this story -- Carol.
COSTELLO: Hi, Wolf. You know, it wouldn't be the first time a presidential hopeful honed his message to attract, oh, let's say, a voting bloc -- in this case, conservatives. And while some would say it's a fact of political life, others call it hypocrisy. If you're Mitt Romney, which is it?
(BEGIN VIDEOTAPE)
COSTELLO (voice-over): Governor Mitt Romney is sending all the signals he will be running for president, as a conservative alternative to John McCain and Rudy Giuliani. He's done that in part by touting his strong opposition to gay marriage.
But he's got a problem, a 1994 interview in a gay newspaper with a headline, "Romney: I Will Be Better Than Ted For Gay Rights" -- Ted, as in the granddaddy of all liberals, Ted Kennedy.
Romney went on to say: "I think the gay community needs more support from the Republican Party. And I would be a voice in the Republican Party to foster anti-discrimination efforts."
And on the subject of gay marriage, Romney said, "The authorization of marriage on a same-sex basis falls under state jurisdiction."
But fast forward to 2006 and "THE SITUATION ROOM." Romney told Wolf Blitzer he supports a federal constitutional amendment to ban gay marriage in every state.
(BEGIN VIDEO CLIP, OCTOBER 17, 2006, "THE SITUATION ROOM")
GOV. MITT ROMNEY (R), MASSACHUSETTS: And I know some people say they're against gay marriage, but let the states decide.
Well, if one state decides that they're going to have gay marriage, and they marry people from all over the country, then, every state ends up with gay marriage, because people move around this country.
(END VIDEO CLIP)
COSTELLO: Now, as the presidential race heats up, the apparent contradictions may come back to haunt him.
Scott Helman, who reports for "The Boston Globe," has covered Romney for years, saying the governor's change in tone has angered many gay constituents, and he's doing what is politically expedient.
SCOTT HELMAN, POLITICAL REPORTER, "THE BOSTON GLOBE": Here is a guy trying to be the conservative candidate for the Republican Party, and he hails from the only state in the country that legalized gay marriage.
COSTELLO: As for whether conservative voters will understand exactly where Romney stands on gay issues, some analysts say his 1994 interview will resonate in a bad way. LARRY SABATO, DIRECTOR, UNIVERSITY OF VIRGINIA CENTER FOR POLITICS: It could hurt him among conservatives. The people who vote in Republican primaries and caucuses pay a lot of attention. I think they will pay attention. They're probably going to like the current Mitt Romney view on gay rights. The question is, are they going to believe him?
(END VIDEOTAPE)
COSTELLO: As for what Romney is saying today, well, his office e-mailed us this statement: "Governor Romney believes Americans should be respectful of all people. What he opposes are the efforts by activist judges who seek to redefine the long -- longstanding institution of marriage being between a man and a woman" -- Wolf.
BLITZER: Carol, thank you.
Carol Costello will be back.
Up next: the first farewell of many. A defeated Republican senator says goodbye to Washington.
And a longtime colleague quits because of former President Jimmy Carter's newest book -- in our next hour, the controversy over that book, entitled "Palestine: Peace, Not Apartheid."
We will be right back.
(COMMERCIAL BREAK)
BLITZER: Outgoing senators and House members have been busy in the final days of Congress, delivering emotional farewells.
Ohio Senator Mike DeWine is saying goodbye in a different way. The ousted Republican is focusing in on an issue that helped bring down his party on Election Day.
Once again, here is our congressional correspondent, Dana Bash.
(BEGIN VIDEOTAPE)
BASH: Senator Mike DeWine lost the election. His time in the Senate is running out. But he is not done saying goodbye.
SEN. MIKE DEWINE (R), OHIO: I rise to pay tribute to a young Ohioan who lost his life while serving our nation on his second tour of duty in Iraq, Army Corporal Robert Weber.
BASH: More than 150 troops from his home state have been killed in Iraq and Afghanistan.
DEWINE: On August 21, 2006, Master Sergeant Clemmons died when his convoy in Iraq was hit by an improvised explosive device.
BASH: DeWine believes he owes each a final farewell. DEWINE: If it goes in the congressional record, it's a permanent record. It will always be there. Their children, their grandchildren, their nieces, nephews, whoever, 50 years from now, can look it up, read it, and see what was said on the Senate floor about their loved one.
BASH: Hour upon hour, not just names -- he tells their stories.
DEWINE: Marine Corporal Timothy David Roos from Delhi, Ohio, avid fan of the Green Bay Packers, never had a chance to hold his baby girl, born just two weeks before he died.
BASH: He gathers information from newspapers, Web sites, family members he meets at funerals. Usually, when Iraq comes up here, it's political. But this isn't about the president. And the outgoing senator who started these speeches back in 2002 says it's not about him.
DEWINE: Sergeant Lehman (ph) died during foot patrol when a roadside bomb exploded. He was 22 years of age at the time.
BASH: It's about saying goodbye.
DEWINE: History will judge whether that was a good decision or a bad decision that this country made to go into Iraq. What I do know is that these are wonderful people who are serving our country.
BASH: Dana Bash, CNN, Capitol Hill.
(END VIDEOTAPE)
BLITZER: And just ahead: Defense Secretary Donald Rumsfeld says goodbye to a gathering of employees over at the Pentagon. Details of his sometimes emotional farewell, that is coming up in the next hour.
And up next: As first lady, she wrote a book challenging readers that it takes a village to raise a child. Now the author of a new children's book is suggesting Senator Hillary Clinton wants to take away Christmas. We will tell you what's going on.
We will be right back.
(COMMERCIAL BREAK)
BLITZER: The author of a new book attacks what she calls extreme left-wing liberals who, in her words, hate Christmas, and want it out of our schools -- the target audience -- get this -- ages 5 to 8.
Our Internet reporter, Jacki Schechner, has the details -- Jacki.
SCHECHNER: Wolf, the book is called "Help! Mom! The Ninth Circuit Nabbed the Nativity."
And it's a children's book that parodies Democrats. The publishing company put this video on YouTube to help promote the book. And it parodies, for example, John Kerry taking down a Christmas tree, or Al Gore blowing out a menorah, or Senator Hillary Clinton as the Grinch in charge.
It is all in the means of canceling a school Christmas pageant and replacing it with an environmental pageant. The book is the third in a series of books by an author named Katharine DeBrecht. And she says that she intends to use humor to get the message across that liberals are trying to take Christmas out of our schools.
Now, the American Library Association says that the book's satirical humor is for more geared towards adults, and kids are not very likely to sit still, or they may find the message of the book awfully preachy.
They also point out that satirical humor and politics in children's books are nothing new. For an example on the left, they point to the "Clueless George" series. They say that -- the publisher says that "Clueless George Goes to War" sold 22,000 copies.
Now, we reached out to Senator Clinton's office to get her opinion on the parody. And her office says that she has routinely denounced and dismissed Katharine DeBrecht's books -- Wolf.
BLITZER: Jacki, thank you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.voxant.com
