PBS NewsHour - 2005-08-29 (Hurricane Katrina)

Channel: malgent

Transcript

Language: English (original, YouTube automatic captions)

[0:11] Good evening, I'm Gwen Eiffel. Jim Lara

[0:13] is off. On the NewsHour tonight, our

[0:15] summary of the news, then an update on

[0:18] Hurricane Katrina, the physical damage,

[0:21] and the cleanup to come. The new Iraqi

[0:24] constitution, does it hold the promise

[0:25] of democracy or the seeds of division?

[0:28] and a newsmaker interview with

[0:30] Democratic Senator Patrick Ley about

[0:32] next week's confirmation hearings for

[0:34] Supreme Court nominee John G. Roberts.

[0:39] Major funding for the NewsHour with Jim

[0:41] Lara has been provided by

[0:45] >> Proud Parents Jake and Paula just sent

[0:48] their fourth son off to an Ivy League

[0:50] college.

[0:53] >> You think it's easy putting four kids

[0:54] through college? We've been working at

[0:56] this since we got married. Now, two of

[0:58] them are going to business school. Trust

[0:59] me, it's been no walk in the park. If we

[1:01] didn't have someone good helping us plan

[1:03] this whole thing, we never would have

[1:04] been ready.

[1:10] >> Smith Barney. This is who we are. This

[1:12] is how we earn it.

[1:14] >> Somewhere west of Shenyang, a teenager

[1:17] is stopping for dinner. Which is why the

[1:20] soybean harvest west of Peoria is not

[1:22] stopping. And a soybean processor is not

[1:25] stopping. And a ship's captain on the

[1:27] west coast is stopping, but just for a

[1:30] while. Somewhere west of Shenyang, a

[1:32] teenager is stopping for dinner. A

[1:34] dinner rich in soy protein. At ADM, we

[1:38] like the idea there'll be no stopping

[1:39] him. Now, ADM, resourceful by nature and

[1:44] by Pacific Life and CIT.

[1:49] This program was made possible by the

[1:51] Corporation for Public Broadcasting and

[1:54] by contributions to your PBS station

[1:56] from viewers like you. Thank you.

[2:04] Hurricane Katrina hit the Gulf Coast

[2:06] hard today from Louisiana to the Florida

[2:09] panhandle. The storm blew ashore between

[2:11] New Orleans and Buxy, Mississippi with

[2:14] pounding winds and flooding. It killed

[2:16] at least two people and damaged

[2:18] thousands of homes. Spencer Michaels has

[2:20] our report.

[2:22] >> Just before Katrina made landfall this

[2:25] morning, the giant hurricane weakened

[2:27] slightly from a category 5, the

[2:30] deadliest and strongest class with 175

[2:33] mph winds to a category 4 storm with

[2:37] winds approaching 150 mph. Katrina also

[2:41] turned eastward enough to spare New

[2:43] Orleans the direct hit the city had long

[2:46] feared.

[2:48] But the mammoth storm still packed

[2:50] awesome power, mighty winds, blinding

[2:54] torrents of rain, and deadly storm

[2:58] surge. A wall of water 20 ft high in

[3:00] places. Katrina takes its place among

[3:03] the strongest hurricanes to ever hit the

[3:06] United States and the fiercest in more

[3:08] than a decade. The storm zeroed in on

[3:11] the bayus and lowlands of southeastern

[3:13] Louisiana

[3:15] and beyond. It plowed into the Gulf

[3:17] Coast of Mississippi, drowning the

[3:19] resort towns of Gulfport and Baloxy.

[3:22] Governor Haley Barber took early stock

[3:24] of the damage this afternoon.

[3:26] >> The question is, do I have any estimate

[3:28] of what the cost of damage is? Is higher

[3:30] than I can count, but I can't be much

[3:33] more specific than that. We don't have

[3:35] any specific casualty reports,

[3:39] but we know there will be some.

[3:42] >> Portions of Alabama's Gulf Coast also

[3:44] took a pounding as the storm surged up

[3:47] Mobile Bay. By midday, Katrina had

[3:50] weakened but kept blasting north. Huge

[3:53] swats of the area suffered power

[3:55] outages. Heavy flooding could also

[3:57] affect sewer and water systems in the

[4:00] region. In New Orleans, there was

[4:02] widespread flooding and wind damage, but

[4:05] nothing approaching the predictions of

[4:07] near biblical destruction that led Mayor

[4:09] Ray Negan to order the city emptied

[4:12] yesterday. The Crescent City is

[4:14] surrounded by water. Lake Poncha Train

[4:17] to the north, the Gulf of Mexico to the

[4:19] east, and the Mississippi River, which

[4:21] snakes its way around the southern

[4:23] limits. Making matters worse, much of

[4:26] New Orleans lies below sea level. Though

[4:28] it is protected by a bull work of levies

[4:31] and a system of water pumps and drainage

[4:33] canals, it was the prospect of a 30foot

[4:36] storm surge overwhelming those defenses

[4:39] and inundating the city that led to the

[4:42] unprecedented mandatory evacuation

[4:44] order. Mile after mile of cars jammed

[4:48] the highways heading out of New Orleans

[4:50] yesterday as nearly 400,000 residents

[4:53] left for somewhat higher ground.

[4:56] >> We've never left before, so this is kind

[4:58] of new for us.

[4:59] >> I am worried, but there's nothing I can

[5:01] do about it but pray.

[5:02] >> Around a 100,000 stayed behind to ride

[5:05] out the storm, either unable or

[5:08] unwilling to leave. The city opened

[5:10] emergency shelters, including the 70,000

[5:14] seat Louisiana Super Dome. Roughly

[5:16] 10,000 Orleaners sought refuge there.

[5:19] This morning, as Katrina roared by, it

[5:22] peeled back two small sections of the

[5:24] dome.

[5:26] The hurricane disrupted oil output in

[5:28] the Gulf and the price of crude topped

[5:31] $70 a barrel overnight. It slid back

[5:34] later and ended up gaining just over a

[5:36] dollar to settle at $67.20. 20 cents a

[5:39] barrel. White House officials said today

[5:41] President Bush might open the strategic

[5:44] petroleum reserve that would give

[5:46] refineries a temporary supply to make up

[5:48] for disruptions caused by the storm. The

[5:51] president has already declared Louis

[5:53] Louisiana and Mississippi disaster areas

[5:56] that sets the stage for federal recovery

[5:58] efforts. Mr. Bush took note of the

[6:00] emergency as he spoke today in Elmari,

[6:03] Arizona.

[6:04] My fellow citizens here in Arizona and

[6:06] across the country are saying our

[6:08] prayers for those affected by the

[6:10] hurricane Katrina.

[6:12] Our our Gulf Coast is getting hit and

[6:14] hit hard.

[6:17] I want the folks there on the Gulf Coast

[6:18] to know that the federal government is

[6:21] prepared to help you when the storm

[6:22] passes.

[6:23] >> We'll have much more on the hurricane

[6:25] right after this news summary. In Iraq

[6:28] today, Sunni Arabs denounced the new

[6:30] draft constitution. Thousands of people

[6:33] protested in Saddam Hussein's hometown

[6:35] of Toree. Their leaders urged Sunnis to

[6:38] vote against it in the last in in this

[6:40] October's referendum. Shiite and Kurdish

[6:43] leaders submitted the document to

[6:44] parliament on Sunday. The Sunnis

[6:46] objected to creating powerful Shiite and

[6:49] Kurdish states among other things. We'll

[6:51] have more on this story later in the

[6:53] program. The United Nations reported

[6:55] today the production of opium in

[6:57] Afghanistan has fallen but only

[6:59] slightly. A top UN official said a

[7:01] crackdown reduced the acreage of opium

[7:04] poppies by more than 20%. But he said

[7:06] the actual yield shrank by far less

[7:09] about 2% thanks to ideal growing

[7:12] conditions.

[7:13] >> Conditions were very favorable to good

[7:16] agricultural harvest in general not only

[7:19] opium.

[7:20] Heavy rainfalls, snowfalls, no

[7:24] infestation of vermin and uh and

[7:27] microbes against uh the opium plants

[7:30] resulted in a very significant increase

[7:33] in the productivity.

[7:35] >> The decrease in opium was the first

[7:37] since the fall of the Taliban in 2001.

[7:39] Afghanistan still produces nearly 90% of

[7:42] the world's supply. A top Senate

[7:45] Democrat pressed today for all documents

[7:47] on Supreme Court nominee John Roberts.

[7:50] Senator Patrick Lehey of Vermont, the

[7:52] ranking Democrat on the Judiciary

[7:53] Committee, met with Roberts on Capitol

[7:55] Hill today. Afterward, he told the

[7:57] NewsHour he wants the material Roberts

[7:59] wrote in the Solicitor General's office

[8:01] under the first President Bush. The

[8:04] administration says legal advice to a

[8:06] president should remain confidential. We

[8:08] will have the Lehey interview later in

[8:10] the program. Accounting firm KPMG

[8:14] admitted to creating illegal tax

[8:15] shelters today. The company agreed to

[8:17] pay $456 million in federal penalties

[8:21] and fees. It will also create a

[8:23] compliance and ethics board. IRS

[8:26] Commissioner Mark Iverson said the

[8:28] firm's wealthy clients avoided billions

[8:30] of dollars in taxes between 1996 and

[8:33] 2002.

[8:35] >> The only purpose of these abusive deals

[8:38] was to further enrich the already

[8:40] wealthy and to line the pockets of KPMG

[8:44] partners. KPMG's actions were a direct

[8:47] assault on our progressive system of

[8:50] income taxation

[8:52] and left unchecked would have badly

[8:55] eroded the faith of hardworking

[8:58] taxpaying Americans in the fairness of

[9:01] government itself.

[9:03] >> Federal prosecutors also indicted eight

[9:05] former KPMG employees on charges they

[9:08] tried to defraud the IRS. On Wall Street

[9:11] today, the Dow Jones Industrial Average

[9:13] gained more than 65 points to close at

[9:16] 10,463.

[9:17] The Nasdaq rose more than 16 points to

[9:20] close above 2137.

[9:22] That's it for the news summary tonight.

[9:24] Now it's on to Hurricane Katrina, the

[9:27] new Iraqi Constitution, and Senator

[9:29] Patrick Ley.

[9:40] Now, Hurricane Katrina and its immediate

[9:42] aftermath. We begin with the latest on

[9:44] Katrina's path. And for that, I'm joined

[9:46] by Joe Bastardi, meteorologist and chief

[9:49] hurricane forecaster for Acue Weather.

[9:51] Thanks for joining us.

[9:52] >> Well, it's my pleasure.

[9:54] >> How big a storm in the end was this?

[9:57] >> It was a tremendous storm. It uh the

[9:59] barometric pressure in the storm was, I

[10:01] believe, the fourth lowest on record.

[10:04] And also uh for it to hit the United

[10:06] States, it probably was the uh in the

[10:09] top five or six as far as strength goes,

[10:12] 918 millibars. He to put it in

[10:14] perspective with Andrew for instance,

[10:16] Andrew was 921 millibars, which is a

[10:19] measure of the barometric pressure or

[10:21] the depth of the low pressure of the

[10:23] storm. And this was a much bigger storm.

[10:26] And when the totals come in, I'm sure it

[10:28] will have justified a lot of uh what

[10:30] people were saying about it. Now, I want

[10:32] to make something clear. is sort of a

[10:34] pet peeve of mine. This was not the

[10:36] perfect track to take New Orleans under.

[10:39] It was a very, very bad storm and a very

[10:42] risky storm for New Orleans. But the the

[10:45] ideal perfect track, I'm going to show

[10:47] you that in just a moment, was not this

[10:49] track. And I think what happened was a

[10:52] lot of people got carried away with uh

[10:54] some things and then turned around and

[10:56] said, "Well, look, it wasn't as bad as

[10:57] what it was supposed to be." Is every

[10:58] bit as bad. And when the damage figures

[11:00] come in, we will be seeing that. Well,

[11:02] you can see this list up here where this

[11:04] ranks number four. I mean, there's been

[11:06] over a thousand hurricanes that we've

[11:08] recorded. This is the fourth strongest

[11:10] one we've ever recorded at 9:02

[11:12] millibars. It did weaken a little bit as

[11:14] it came ashore simply because it was so

[11:17] strong when it was out there over the

[11:18] water. You can see the path was just up

[11:21] to the east of New Orleans. By the way,

[11:22] our our forecast track here at Acue

[11:24] Weather had a sixmile error on the storm

[11:28] coming east of New Orleans. We progged

[11:29] it over. We we forecast it over to 895.

[11:32] It actually got to 89.6 West New

[11:34] Orleans. Is it not 90.2? Yes.

[11:37] >> And as And as we look at this track

[11:38] right now, where is it going? We know

[11:40] when it came ashore when it was still in

[11:42] the Gulf, it was a category 5. It came

[11:44] ashore at category 4. And now I

[11:46] understand it's a category one. Where

[11:48] does it go from here? It looks like it's

[11:49] like the effects are going pretty far

[11:51] north.

[11:51] >> Well, yes, this is going to break

[11:53] pressure and wind records all the way up

[11:54] into the Ohio Valley here. What I did

[11:56] want to point out though for the

[11:58] education of our audiences, the perfect

[12:01] track for New Orleans comes from the

[12:03] southeast. It actually happened in 1947.

[12:06] And you see when that happens, the storm

[12:08] surge gets pushed straight in. This

[12:10] particular situation, the storm surge

[12:12] get directed more at Mississippi. The

[12:14] fear was back into Lake Pon Train than

[12:16] out of the north. Now getting to the

[12:18] future path of this storm. Let's take a

[12:19] look at the radar and you can see the

[12:21] band of heavy showers and thunderstorms

[12:23] pushing up to the north. the storm

[12:25] continuing its way up to the

[12:26] northnortheast and it's making it, you

[12:28] know, it's pointing which way it wants

[12:30] to go for you up in there. And there

[12:31] goes the effects all the way Tuesday and

[12:33] Wednesday up into the Great Lakes and

[12:36] into the northeastern part of the United

[12:37] States. Very warm tropical air up into

[12:39] the eastern part of the United States.

[12:41] The real fight zone back in here where

[12:43] we're going to see heavy rain. There is

[12:45] a sort of a silver lining to this cloud.

[12:48] There's no cold air around. Now, you may

[12:50] say to yourself, what does that have to

[12:51] do with anything? Well, the colder the

[12:53] air is on the western side of these

[12:55] storms, the more the clash occurs

[12:57] because of all the warm, humid air and

[12:59] the heavier the rainfall. So, while

[13:00] there is going to be heavy to excessive

[13:02] rainfalls, it won't be like Floyd back

[13:05] in 1999 where there was record cold

[13:08] coming into the storm and forcing

[13:10] excessive rainfalls in the western side

[13:12] of the storm in a widespread fashion.

[13:14] This will have damage. This will have

[13:15] tornadoes. It will have wind. People up

[13:18] in Cincinnati and southern Ohio be

[13:19] saying, "Wow, it's really windy here for

[13:21] a storm." Can I ask you about the

[13:23] tornadoes? Have we seen evidence that

[13:24] there are tornadoes which are spinning

[13:25] off of the storm already?

[13:27] >> Well, there already have been some

[13:28] tornadoes reported. But here's what

[13:30] happens. As the storm gets further

[13:31] inland, drier air gets entrained into

[13:34] the tornadoes or excuse me into the

[13:36] hurricane circulation at different

[13:38] levels. When you get that drier air and

[13:40] you have a discontinuous

[13:42] uh weakening of the storm, it weakens

[13:44] quicker in the low levels in the upper

[13:46] levels. It creates that wind shear that

[13:48] causes tornadic activity to occur.

[13:50] However, there is one interesting thing.

[13:52] They like to occur more when the storms

[13:54] come up east of the Appalachian because

[13:57] of the wind coming off the mountains

[13:59] accelerates this process I was talking

[14:01] about. So, this will have a significant

[14:03] effect with tornadoes maybe all the way

[14:05] up into Pennsylvania and on into New

[14:07] England, but not as bad as if we see,

[14:10] you know, with Ivan and Francis and some

[14:12] of these other storms that came up uh

[14:13] east of the Appalachian, Gene, if I

[14:15] remember correctly. All these things

[14:16] were busting one tornado record after

[14:18] another in there. And by the way, it's

[14:21] not the end of September. It's the end

[14:22] of August, right? People are, you know,

[14:24] Katrina the K storm here.

[14:26] >> You're thinking there's more thinking

[14:27] there's more to come.

[14:28] >> The p this pattern is uh we've got our

[14:31] hurricane tracking shoes on, believe me.

[14:33] >> Okay. Well, we'll be in touch with you

[14:34] then on that. Thank you very much, Joe

[14:36] Bardi.

[14:36] >> My pleasure.

[14:38] >> Now, a look at the damage done so far by

[14:40] Hurricane Katrina this afternoon.

[14:42] Jeffrey Brown spoke with two people in

[14:44] the hardest hit areas. First, Robert

[14:46] Laam, executive director of the

[14:48] Mississippi Emergency Management Agency.

[14:54] Mr. Laam, thanks for joining us. How

[14:56] extensive an area has been damaged?

[15:00] >> Well, I think it would be safe to say

[15:02] that that this is truly a catastrophic

[15:04] event um uh that could easily be

[15:06] compared to Camille and and that we're

[15:08] looking at significant damage and

[15:10] destruction across the entire Gulf Coast

[15:12] and several counties inland. And as the

[15:15] tropical storm continues to move inland,

[15:17] even as a category one hurricane will,

[15:20] you know, possibly cause um more damage

[15:23] inland to include power lines down uh

[15:25] damaged homes, businesses, and probably

[15:28] damage to the to the infrastructure.

[15:30] That's important. Uh so we still have

[15:32] several hours before uh we're going to

[15:35] know any idea about what the extent of

[15:38] the damage is, but certainly along the

[15:39] Gulf Coast, we know that it's extensive.

[15:41] Do you have any casualty reports yet?

[15:44] >> Right now, we have one report of a of a

[15:46] fatality in Warren County. Uh tree fell

[15:49] on a mobile home.

[15:51] >> Governor Haley Barber had worried

[15:53] earlier today about the people who had

[15:55] not evacuated the area. Do you know how

[15:57] many people that is?

[15:59] >> I have no idea. I know that just based

[16:02] on the traffic counts that we saw on the

[16:03] evacuation routes, they were not as high

[16:06] as I would hope they would be.

[16:07] Therefore, I have to assume that a uh

[16:10] lot of people did not evacuate. Uh so,

[16:12] you know, based on that, I have to say

[16:14] that, you know, there probably large

[16:15] numbers that did not evacuate.

[16:16] >> And what about in shelters? Do you know

[16:18] how many people there are there and the

[16:20] situation?

[16:20] >> Yeah, we have actually several thousand

[16:22] people in shelters, but we have adequate

[16:24] shelter space uh statewide that could

[16:27] house, you know, additional evacuees.

[16:29] But, you know, to this point, we're not

[16:30] looking at evacuation. That part is

[16:31] over. Now, it's just a matter of of our

[16:34] citizens remaining where they are and

[16:36] not leaving the shelter or their friends

[16:39] or relatives or wherever they may be

[16:41] right now. They need to sit tight, do

[16:43] not attempt to get out on the highways.

[16:45] It is not safe uh to get on the highways

[16:47] and to travel anywhere at this time. Uh

[16:49] and that is this situation deteriorates

[16:52] inland. It could get worse in North

[16:54] Mississippi. Uh so people should just

[16:56] sit tight wherever they are right now,

[16:57] not risk getting out on the highways.

[16:59] It's very unsafe out there. tell us a

[17:01] little bit more about the structural

[17:03] damage that we know of so far on the in

[17:05] the coastal cities.

[17:06] >> Well, I can all I can tell you right now

[17:08] is because there is significant um you

[17:11] know winds still down there, we are able

[17:14] at this point to get out with search and

[17:16] rescue resources in Jackson County and

[17:18] Harrison County to start trying to

[17:20] rescue some of these people that have

[17:22] been identified as being trapped. We do

[17:24] know we have extensive damage to most

[17:26] all of the hospitals on the coast and

[17:28] suspect there'll be major damage to

[17:30] critical infrastructure and certainly

[17:32] homes and businesses as well.

[17:34] >> And do you know whether some of these

[17:35] cities are still underwater?

[17:37] >> Uh absolutely. I mean we're talking

[17:39] about it taking as as much as 6 hours

[17:41] for the storm surge that came in. Uh

[17:44] some measured 20 to 22 feet, maybe even

[17:47] 26 feet that it could take 6 hours uh

[17:50] for those storm waters to recede. Now, I

[17:53] know you said you're trying to get

[17:54] emergency people in. How quickly do you

[17:57] think that will happen and what kind of

[17:58] system do you have in place to do it?

[18:00] >> Well, I think that that the time it will

[18:02] take to get those search and rescue

[18:04] resources uh in the affected areas will

[18:06] be minimal because we had already pre

[18:08] pre-staged many of those resources uh in

[18:11] strategic locations that could minimize

[18:13] the response time. We had also prepared

[18:15] our local communities for the

[18:17] possibility that initial search and

[18:19] rescue would be something that would

[18:20] fall on their back. Uh but we have

[18:22] adequate resources that have been

[18:24] brought in from other parts of the

[18:26] state. We have uh search and rescue

[18:28] resources from FEMA as well as the

[18:31] National Guard, the Coast Guard. Every

[18:33] asset that you can imagine uh in this

[18:35] nation is is prepared to respond and get

[18:38] into the affected area to ensure that we

[18:39] have a a swift search and rescue

[18:41] mission.

[18:42] >> And is there any estimate at this point

[18:43] on when you'd be able to let people come

[18:45] back into the area?

[18:47] >> Absolutely not. I I have no idea when

[18:49] that may be, but I think the word is

[18:51] that that our citizens should not even

[18:53] attempt to leave where they are right

[18:56] now and return to the affected area even

[18:58] when the weather clears and improves. Uh

[19:01] rest, you know, access to the affected

[19:03] area will be restricted. Uh people just

[19:06] need to stay where they are because they

[19:07] will not be allowed to enter the area

[19:09] that where the where they live uh until

[19:12] we're sure it's safe to do so. I suppose

[19:14] though with power outages, you'd have

[19:15] trouble even communicating that message

[19:17] to people.

[19:18] >> Absolutely. But we're also, you know,

[19:20] using every outlet that the media has.

[19:22] We're also making sure that we get that

[19:25] word to our shelter so they can pass

[19:27] that on to the evacuees that are

[19:28] sheltered there. They just need to stay

[19:30] there. Do not try to return to the

[19:32] affected area.

[19:33] >> All right, Robert Laam of the

[19:34] Mississippi Emergency Management Agency.

[19:36] Thank you very much.

[19:37] >> Thank you very much.

[19:38] >> Now, a report on the situation in New

[19:40] Orleans. For that, I'm joined on the

[19:41] phone by Peter Oriski of the Washington

[19:44] Post. Peter, many had worried that this

[19:46] storm could destroy the city. How

[19:48] extensive was the damage?

[19:50] >> I don't have my hands on any uh precise

[19:53] figures, and I'm not sure that there are

[19:54] any out there yet, but certainly wasn't

[19:56] the storm that destroyed New Orleans.

[19:58] It's New Orleans, downtown New Orleans,

[20:00] as I walk through today. Um there's a

[20:03] lot of repair work to be done. There's

[20:04] several downtown highrises that are

[20:07] windowless,

[20:09] but it's it wasn't the kind of uh end of

[20:12] the century uh storm that everyone had

[20:14] predicted.

[20:15] >> What kind of structural damage are you

[20:17] seeing?

[20:19] >> The the most striking damage was in the

[20:21] Hyatt Regency uh which is in the

[20:24] downtown. And it was a place where lots

[20:25] of people had for years ridden out the

[20:29] the hurricanes in New Orleans because

[20:31] they do this have this thing they call

[20:34] vertical evacuation in which they get up

[20:37] because the big fear here is water. Of

[20:39] course, the problem this time was that

[20:41] the windows in the Hyatt Regency blew

[20:43] out and they had to evacuate those

[20:45] guests to uh ballrooms inside the hotel.

[20:50] >> And what about the flooding situation?

[20:51] Are there parts of the city that are

[20:53] underwater? Is it easy to get around?

[20:56] >> It's very difficult to get around. Uh

[20:59] there the flooding is it's here and

[21:01] there, but it's where where it is, it's

[21:03] one or two feet, and that's difficult

[21:05] for uh even, you know, high riding

[21:08] pickup trucks to get through. As we

[21:10] learned, it's not the kind of flooding

[21:12] that they had feared, but it's still

[21:14] enough to make things a mess.

[21:16] >> Is there any uh determination of

[21:18] casualties at this point?

[21:21] I've asked that and the answer that I've

[21:24] gotten back from some of the local

[21:26] emergency people is it's too early to

[21:27] tell. They don't have any to report, the

[21:30] ones that I've spoken with, but they

[21:33] haven't finished their rescue missions

[21:35] either.

[21:36] >> Early in the day, the mayor talked about

[21:38] as many as 20 buildings that had

[21:40] collapsed. Have you heard any more about

[21:42] that?

[21:43] >> I have not heard anything more about

[21:45] that. The buildings that I saw in the

[21:48] downtown, you could see that there were

[21:50] some old buildings that uh looked like

[21:53] they had been in the state in a state of

[21:55] collapse already that were already

[21:57] falling down. Those are now um

[22:01] already falling down. But, you know,

[22:03] most of the habitable buildings don't

[22:06] look to me, certainly in downtown New

[22:08] Orleans, like they're falling down.

[22:10] There was a lot of talk of course about

[22:12] the leveies that surround the city,

[22:14] whether they would be overrun, whether

[22:15] they would hold up. What's the situation

[22:17] with those?

[22:18] >> Substantial success. There um are

[22:22] numerous reports of problems here and

[22:24] there, but had there been the kind of uh

[22:28] levy breaks that they or uh that they

[22:31] had feared, the French Quarter would be

[22:33] underwater. And right now, it's you can

[22:35] walk down portions of the sidewalk.

[22:38] We have heard reports of as many as

[22:40] 40,000 homes flooded in the area just

[22:43] east of New Orleans. Do you know

[22:44] anything about that?

[22:46] >> No, I'm in New Orleans and it's hard

[22:48] enough getting information out of uh in

[22:51] New Orleans itself given how difficult

[22:53] it is to get around. People, even some

[22:55] of the emergency people don't know

[22:56] what's going on, you know, a couple

[22:58] miles away.

[22:59] >> Well, that was my next question about

[23:00] the emergency people. Are they able to

[23:03] get into neighborhoods? Are they able to

[23:05] get at anything at this point? Sure they

[23:07] are. And they have um some of the state

[23:10] emergency people have uh some 12 boats

[23:13] out there looking for people in

[23:15] difficult to uh get to areas um areas

[23:19] that I presume ordinarily you could

[23:21] drive to but are now underwater.

[23:23] >> Now you mentioned the Super Dome. We've

[23:25] heard a lot about the n the people uh

[23:26] sheltered there. Do you know how many

[23:28] people are there? And what about the

[23:30] reports of damage to it?

[23:32] There was substantial damage to the

[23:35] exterior of the roof. It it uh about

[23:38] half of the roof covering has flecked

[23:41] off. Uh just sort of peeled off in the

[23:43] heavy winds, but it didn't look to me as

[23:47] I went by today that there was any

[23:51] daylight peeking through or substantial

[23:53] amounts of daylight. Anyway,

[23:54] >> are there other shelters? Are are are

[23:56] you seeing people uh back out on the

[23:58] streets at this point? I was out just an

[24:02] about an hour ago and there were

[24:06] only a handful of people out there. Uh

[24:08] it's very difficult to to get by. A

[24:10] couple of the cars, including one of the

[24:12] ones that I was traveling with, uh got

[24:15] flat tires because of the debris on the

[24:17] road and the others stall out in the um

[24:20] in the in the one or two feet of water

[24:22] that they have. And after that huge

[24:24] evacuation, are officials talking yet

[24:26] about when they're going to let all

[24:27] those people back into the city?

[24:30] >> They they haven't said yet. Only they've

[24:32] only said we don't want them back yet.

[24:34] It's uh it's too much of a mess here.

[24:37] >> All right, Peter Oriski of the

[24:39] Washington Post. Thank you very much.

[24:40] >> Sure.

[24:42] >> Still to come on the NewsHour tonight,

[24:44] the new Iraqi Constitution and Senator

[24:46] Patrick Ley.

[24:57] Iraq's draft constitution. Ray Suarez

[25:00] has the story.

[25:05] >> Sunnis spilled into the streets of

[25:07] Saddam Hussein's hometown today and

[25:10] denounced Iraq's draft constitution.

[25:14] RESIDENTS

[25:17] of Salahadin province in Toree along

[25:20] with its districts and suburbs and all

[25:22] honest Iraqis fully reject the

[25:25] constitution.

[25:27] Many Sunnis boycotted the January

[25:29] election, reducing their initial

[25:31] representation in the constitutional

[25:33] process until the US pressed for more

[25:35] Sunni input in drafting this

[25:37] constitution.

[25:40] Now they're protesting the way it was

[25:42] drafted and the way the stronger and

[25:44] larger Shiite and Kurdish groups pushed

[25:46] the draft document through.

[25:48] Anti-constitution forces have even

[25:50] gained the unlikely support of Shiite

[25:52] cleric Muktada al-Sader. But the head of

[25:55] the drafting committee, a Shiite,

[25:57] painted a positive picture of the

[25:59] process.

[26:00] In my view and in the view of many other

[26:03] members of the drafting committee, this

[26:05] constitution represents a very advanced

[26:07] experience in the region and a marvelous

[26:10] experience for the Iraqi people.

[26:13] >> On Sunday, smiling negotiators posed for

[26:16] the cameras just before signing the

[26:18] draft constitution. The Iraqi president

[26:20] Jalal Talibani occurred said the move

[26:23] meant the October 15th referendum would

[26:25] go ahead as planned.

[26:28] The constitution is left to our people

[26:30] to approve or reject it. I hope that our

[26:32] people will accept it despite some

[26:34] flaws. But Sunni negotiators soundly

[26:37] rejected it and did not endorse the

[26:39] document.

[26:42] >> We therefore declare our rejection of

[26:44] the paragraphs in the draft on which we

[26:46] did not reach consensus which would

[26:48] render the draft illegitimate.

[26:52] President Bush praised and backed the

[26:54] Iraqis work. Instead of using guns to

[26:57] decide the fate of the future, Iraqis

[27:00] from all aspects of their society came

[27:02] together and wrote a constitution.

[27:05] This constitution is one that honors

[27:07] women's rights and freedom of religion.

[27:16] Not everybody agreed with it,

[27:19] but now the Iraqi people get to decide.

[27:23] They get to debate.

[27:25] They get to make the decision this fall

[27:29] as to whether or not that constitution

[27:32] will be the constitution that governs

[27:34] their society. But just last week, the

[27:37] Bush administration touted the

[27:38] importance of a consensus document.

[27:41] Here's Defense Secretary Rumsfeld.

[27:43] >> Anyone knows that the Constitution would

[27:45] be defeated if it stiffed any one of

[27:48] those three units.

[27:50] >> Sunnis could derail the draft

[27:52] constitution if they vote against it by

[27:54] twothirds in any three provinces.

[27:58] And for more on Iraq's constitutional

[28:00] wrangling and its outcome, we're joined

[28:02] by two Americans who were born in Iraq.

[28:04] Laith Al-Saud is a lecturer in social

[28:07] sciences at Harold Washington College in

[28:09] Chicago. Rend al-Raheim Frankie is

[28:11] executive director of the Iraq

[28:13] Foundation, which promotes democracy in

[28:15] Iraq. She served as Iraq's ambassador to

[28:17] the US last year under the country's

[28:19] first interim government. She returned

[28:21] last week from nearly three months in

[28:23] Iraq. Joining them is Spence Spencer,

[28:26] Washington director of the public

[28:27] international law and policy group, a

[28:30] nonprofit that promotes legal assistance

[28:33] to governments in transition. He spent

[28:36] two weeks in Iraq with in July advising

[28:39] the constitutional committee. Well,

[28:41] Ambassador, um, does it represent a

[28:44] victory for this young Iraqi government

[28:47] that they decided to just push on and

[28:49] wait for the Sunnis to join or not join

[28:51] later?

[28:52] >> Well, I think it's certainly an

[28:53] achievement. Um this constitution has

[28:56] been uh a process that has tried to

[29:01] bring everybody together under one

[29:03] banner and it was done under great

[29:05] pressure. It was a sort of a political

[29:07] pact amongst groups that had to build

[29:10] trust amongst themselves and had to talk

[29:12] about extremely important and very

[29:14] difficult problems. So I think the fact

[29:16] that we have a text is an enormous

[29:18] achievement. they decided to present it

[29:21] to the national assembly even though

[29:23] there isn't 100% consensus but we are

[29:26] already beyond the deadline and

[29:28] therefore I think it was the right

[29:30] decision to give it to the national

[29:31] assembly and then we have a referendum

[29:33] in October

[29:34] >> leth aloud an enormous achievement

[29:37] >> no I wouldn't say so uh the

[29:40] constitutional committee broke the law

[29:41] several times they were unable to

[29:43] achieve consensus although this was the

[29:45] guarantee of the constitutional

[29:47] committee when it became a commission

[29:49] and brought the so-called Sunni

[29:51] community within the process. We have to

[29:54] understand that the role of Z Khalil Zad

[29:57] was rather destructive in this case. The

[30:00] ubiquitous presence of him in all in

[30:02] every and all facet of this

[30:03] constitutional drafting process. Um the

[30:07] role of the United States is exactly

[30:09] what is at issue in Iraqi politics. And

[30:12] for Zam Khalil Zad to have such an

[30:14] ubiquitous presence exacerbated the very

[30:17] issue that the so-called Sunni community

[30:19] as well as those opposed to the US

[30:22] presence uh in Iraq uh are making

[30:26] >> well Spence Spencer you were an American

[30:28] who was uh closely watching the process

[30:31] advising the process. Do you agree with

[30:32] Leth aloud that there was a problem with

[30:34] the level of American participation? I

[30:36] think the American presence there is so

[30:38] broad and deep that it's difficult to

[30:40] avoid uh uh not speaking with Americans

[30:43] on the topic. I can speak from my own

[30:45] experience that we were very strongly

[30:47] cautioned to uh make sure that the

[30:50] technical assistance that we provided

[30:51] was good and technical only and to leave

[30:54] the drafting and the decision-m to the

[30:55] Iraqis themselves.

[30:56] >> Well, you've been a part of processes

[30:58] like these in other countries. Uh, have

[31:01] there been times when parties have just

[31:03] had to sort of agree to permanently

[31:05] disagree and move on to accomplish what

[31:07] they could?

[31:08] >> Exactly. And a lot of this happens in

[31:10] prior conflicts that I've worked on. Uh,

[31:12] a lot of people have just been tired of

[31:14] war and a lot of people have have been

[31:16] wanting a settlement and I think in this

[31:17] case uh uh the consensus as Secretary

[31:21] Rumsfeld said was was simply not there

[31:23] to uh have a more universal uh agreement

[31:26] that can bring Iraq together. But

[31:27] Secretary Rumsfeld also said that this

[31:29] thing could fall apart if one of the

[31:31] three major constituent groups feel

[31:33] they're quote stiffed.

[31:34] >> That's why I would label this an

[31:36] achievement. Uh it's an achievement

[31:38] today, but we have to see how it all

[31:39] turns out on October 15th.

[31:41] >> Well, let's talk about October 15th,

[31:44] Ambassador. Can can this be stopped by

[31:46] at the ballot box? Uh just to go back to

[31:48] what Secretary Rams said, the

[31:50] transitional administrative law under

[31:52] which we are now living says that if

[31:55] three governorates

[31:58] uh turn down the constitution by a 2/3

[32:01] vote in each then this constitution is

[32:05] defeated. The question becomes a

[32:07] question of numbers. Can any group or

[32:11] can a number of groups combined muster a

[32:14] 2/3 majority in three governorates? Um,

[32:20] >> how do you answer that question?

[32:21] >> I don't know the answer to that. My gut

[32:23] feeling and I, you know, it's not good

[32:25] to to predict. My gut feeling is it's

[32:28] going to be very difficult. A lot of

[32:30] groups are going to have to get together

[32:32] and are going to have to vote uh in a

[32:35] block. And that's going to be a little

[32:37] difficult. It could be done. I'm not

[32:38] saying it can't, but I think it's

[32:39] unlikely. Uh I think a a bigger question

[32:43] and a more interesting question is what

[32:45] happens if this constitution passes but

[32:48] passes with a marginal

[32:52] uh vote. In other words, it only gets

[32:53] 53% or 54% of the national vote and

[32:58] therefore 46 people vote no for it

[33:00] across the board across the country. Uh

[33:03] that is going to be more of a problem.

[33:06] uh it'll the constitution will be in

[33:09] effect but it will mean that there is a

[33:12] substantial proportion of the population

[33:14] that is not entirely satisfied with the

[33:16] constitution.

[33:16] >> Well lethal saw let me get a quick read

[33:18] from you on both those questions. First

[33:20] given the structure of the October 15th

[33:22] vote is it possible for uh the Sunnis

[33:25] who are disaffected plus perhaps

[33:27] supporters of Mktata also to stop the

[33:30] constitution?

[33:31] >> Yes, I agree. I have to respectfully

[33:33] disagree with the ambassador. I uh

[33:36] there's obviously if you look at some of

[33:37] the protests that took place in Kirkuk,

[33:40] we have followers of Mktar joining the

[33:43] so-called Sunni community in denouncing

[33:46] this constitution and throughout the

[33:48] country. We well know that Mktar Sad has

[33:50] millions of followers, not to mention

[33:52] possibly millions of followers in

[33:53] Baghdad itself. So with the joining of

[33:55] Mktar and other prominent Shiats in

[33:58] Iraq, we can certainly see the

[34:00] possibility of this constitution being

[34:02] voted down in October. And in fact, I

[34:04] would argue that it has a strong ch

[34:05] strong chance of not passing the

[34:07] referendum in October.

[34:08] >> Well, let me get a quick response to the

[34:09] ambassador's other point that there's

[34:11] also threat in the idea of it passing

[34:13] narrowly that there will be uh in the

[34:16] country a large block of people who

[34:17] don't want it and yet it becomes the law

[34:19] of the land despite that.

[34:22] >> Well, if we consider that

[34:25] what we have here is a matter of

[34:26] convenience for those who are opposed to

[34:28] this process. On the one hand, the

[34:31] constitutional committee violated the

[34:32] TAL by not requesting an extension by

[34:36] August 1st. On the other hand, we had

[34:38] some of the fumblings that took place in

[34:40] the past two weeks in which the world

[34:41] was able to witness the inability of the

[34:44] constitutional committee to reach a

[34:45] consensus. So the opposite the

[34:47] opposition is in a place of convenience.

[34:50] On the one hand, it can advocate, it can

[34:52] campaign against voting against this

[34:54] constitution October. If it fails to

[34:58] achieve its ends, it can always invoke

[35:00] that this constitutional progress was

[35:02] illegal or illegitimate because of the

[35:04] heavy-handed role of the United States.

[35:06] >> Spence Spencer, what's at risk here with

[35:08] with these various possible outcomes?

[35:10] Well, for certainly for the people of

[35:12] Iraq, uh a very uh prolongation of the

[35:15] violence and uh you know the the

[35:17] continued sort of stalling of any

[35:19] reconstruction for the country. I I I

[35:22] really would should stress that you know

[35:23] there people are looking not just at

[35:25] this constitutional process but also

[35:27] about electricity and water and uh basic

[35:31] uh infrastructure that has been denied

[35:32] these guys and you always want to put

[35:34] that in in in that sort of a context for

[35:36] the United States. uh just for example

[35:39] uh US forces are it's well known are are

[35:41] very stretched in Iraq and around the

[35:43] world and uh a rerunning of the uh

[35:46] national assembly elections in December

[35:47] would prolong US force levels for

[35:49] several months.

[35:50] >> Let's uh give people at home a look at

[35:52] some of the particular provisions in

[35:54] this draft constitution. In article two,

[35:57] it calls for Islam to be the official

[35:59] religion of the state and a basic source

[36:01] of legislation. Says that no law can

[36:03] contradict the undisputed rules of

[36:05] Islam. No law can contradict the

[36:07] principles of democracy and the Supreme

[36:10] Court will have a number of judges and

[36:11] experts in Islamic juristprudence. Uh

[36:15] some of these formulations, ambassador,

[36:18] seem purposefully vague, specific in

[36:20] some senses, vague in other ones. Who

[36:22] gets to say what's what is undisputed in

[36:25] Islam?

[36:25] >> Right. In fact, throughout the

[36:27] constitution, all the 154 articles of it

[36:31] uh are marked by u some ambiguity.

[36:36] And I think this is both a weakness of

[36:38] the constitution but also an opening a

[36:40] strength. Uh just as you read first of

[36:42] all Islam no laws will contradict the um

[36:46] basic tenants or of Islam but also not

[36:50] the principles of democracy. There are

[36:53] openings for everybody here and the

[36:56] question is who is going to make the

[36:58] better argument. Which law is going to

[37:01] prevail? Is it a law that is more

[37:03] Islamic or is it a law that is more

[37:05] democratic? I think the real battles

[37:07] about the constitution are going to

[37:10] start after October 15th. We are going

[37:13] to have uh fights to define what this

[37:17] constitution really means in terms of

[37:20] legislation and in terms of

[37:22] implementation. And I think you're going

[37:23] to see the lines drawn in terms of the

[37:26] political forces on the ground, in terms

[37:28] of the elections that are coming in

[37:30] December 15th in order to give much more

[37:32] focus and much more meaning to these

[37:35] ambiguous articles in the constitution.

[37:37] This ambiguity runs throughout the

[37:40] constitution. And it may be deliberate.

[37:42] It may be a question of trying to

[37:44] accommodate as many people as possible,

[37:46] as many views as possible. And

[37:48] therefore, we get this looseness, these

[37:49] cracks in the constitution. It depends

[37:52] on who puts their foot first in that

[37:54] crack.

[37:54] >> Lethal Sud one of the biggest Sunni

[37:56] complaints during the process was over

[37:58] the parts of the constitution regarding

[38:00] federalism says the federal system is

[38:03] made up of the capital regions and

[38:04] decentralized provinces. The governments

[38:06] of the regions have the right to

[38:08] practice legislative, executive and

[38:10] judicial powers and it specifically sets

[38:12] aside Kurdistan as one of those

[38:14] self-governing uh regions. Uh, is this a

[38:18] a poison pill for for the Sunni

[38:20] population?

[38:22] >> Well, it is to a great extent, but we

[38:24] have to go further than that and

[38:25] understand Iraqi society. Iraqi society

[38:28] is extremely integrated. There's a great

[38:30] deal of intermarriage between not only

[38:31] the Sunni and Shia Arab population, but

[38:34] also between the Kurds and the Arabs.

[38:36] So, it's there's a serious question as

[38:38] to whether federalism as they're talking

[38:40] about it is feasible to begin with.

[38:42] There's a million Kurds in Baghdad.

[38:44] There tens of thousands of Sunni and

[38:45] Basra. I also, if I may, would like to

[38:48] address the issue about the uh

[38:50] attribution of an Islamic state or the

[38:53] provisions within the constitution which

[38:54] call upon Islamic law and the

[38:56] recognition and respect of Islamic law.

[38:58] >> Briefly, please.

[38:59] >> I have a sure. I have a problem with

[39:02] this demarcation between Islam and

[39:04] democracy. I don't think it's been made

[39:05] clear by any analysts, let alone the

[39:08] western uh legal advisers who went to

[39:10] Iraq, what they mean by Islam or what

[39:13] they mean by democracy. Whenever we

[39:15] invoke these abstract concepts, there's

[39:17] always going to be some obscurity.

[39:19] >> Well, we have until October 15th to uh

[39:22] to work it out. Spence Spencer, does

[39:24] this look like a document that's that's

[39:25] got some chance?

[39:27] >> It certainly has some chance. I think

[39:29] what uh what depends between now and

[39:31] October 15th is the outreach that is

[39:34] going to be required uh of all of the

[39:36] members of the Iraqi National Assembly.

[39:37] One of the things that the transitional

[39:39] administrative law uh called for was

[39:41] that the constitution would be drafted

[39:43] in consultation with the Iraqi people.

[39:45] Uh and uh a lot of the National Assembly

[39:48] members that I I spoke to were all

[39:49] saying, you know, we missed this chance.

[39:51] We only had two months to draft it. Uh

[39:53] we hopefully can get out into the

[39:55] streets and uh and do something. And

[39:56] that's going to be a real serious

[39:58] challenge for these guys.

[39:59] >> Spencer, guest. Thanks a lot.

[40:00] >> Thank you.

[40:10] Finally tonight, a newsmaker interview

[40:12] with another key player in the upcoming

[40:14] Supreme Court confirmation hearings.

[40:16] Last week, I talked with Senate

[40:18] Judiciary Committee Chairman Arlland

[40:19] Spectre. This afternoon, I sat down with

[40:21] his minority party counterpart, part

[40:24] Vermont Democrat Patrick Ley.

[40:29] >> Supreme Court nominee John G. Roberts

[40:31] and Senator Patrick Lehey were all

[40:33] smiles today.

[40:35] >> But in the weeks since their first

[40:37] meeting, Lehey, the senior Democrat on

[40:39] the Senate Judiciary Committee, has

[40:41] become sharply critical of President

[40:43] Bush's first high court nominee, using

[40:46] words like radical and right-wing to

[40:48] characterize Robert's writings. As he

[40:51] prepares for next week's hearings, Ley

[40:53] has already become caught between two

[40:56] polls within his party. The anti-roberts

[40:59] liberals and the centrist Democrats who

[41:01] have signaled they could support the

[41:03] president's nominee.

[41:05] >> In 31 years in Washington, Ley has

[41:07] become closely identified with judicial

[41:10] battles. In 1991, he grilled high court

[41:13] nominee Clarence Thomas about his view

[41:16] of Ro v. Wade. Have you ever private

[41:19] gatherings otherwise dis uh stated

[41:22] whether you felt that it was properly

[41:24] decided or not

[41:33] senator um in trying to recall and

[41:36] reflect on that I I um don't recollect

[41:39] uh commenting one way or the other um

[41:42] there were again debates about it in

[41:44] various places but uh I generally did

[41:46] not participy ipates.

[41:49] I don't remember or recall

[41:50] participating, Senator.

[41:53] >> So, you don't ever recall stating

[41:55] whether you thought it was properly

[41:56] decided or not?

[42:01] >> I can't recall saying one way or the

[42:03] other, Senator. Well, with all due

[42:06] respect, judge, I have some difficulty

[42:09] with your answer uh that somehow this is

[42:15] been so far removed from your

[42:17] discussions or feelings during the year

[42:19] since it was decided while you were in

[42:21] law school.

[42:22] >> Ley, 65 years old and in his sixth term,

[42:25] is the only Senate Democrat ever elected

[42:27] from Vermont. Like committee chairman

[42:29] Arlland Spectre, he served as a state

[42:31] prosecutor before arriving in

[42:34] Washington.

[42:35] >> We spoke to him today in the Senate's

[42:37] historic Russell caucus room where the

[42:39] Roberts hearings are scheduled to begin

[42:41] next week.

[42:42] >> Senator Lehey, welcome.

[42:44] >> Thank you.

[42:44] >> You met today with Judge Roberts. How

[42:47] did that go?

[42:48] >> Well, it's the second meeting we've had,

[42:50] actually the second meeting on this

[42:51] nomination. Obviously, we met before

[42:53] when he was up for the Court of Appeals.

[42:56] I I found it very interesting meeting as

[42:59] we all know he's a very pleasant person

[43:02] uh very articulate and and obviously

[43:05] very knowledgeable as a lawyer. I uh

[43:08] three things of course those of us who

[43:11] are lawyers and find very uh you know

[43:15] very interesting and I I I enjoyed the

[43:19] discussion with him.

[43:20] >> Did you get to ask him any specific

[43:21] questions that you're willing to talk to

[43:23] us about?

[43:23] >> Well, I asked a few questions. I uh but

[43:27] they're more of a general nature. I I

[43:29] did express my concern that the White

[43:32] House is blocking the release of some of

[43:34] the positions he took as a political

[43:38] appointee

[43:40] in the solicitor's general's office. And

[43:42] my disappointment was because those

[43:44] would show not uh whether he's a good

[43:47] lawyer or not. We'll all u we all know

[43:51] he's a good lawyer. We all know that if

[43:53] he has a client that says,

[43:56] "Here's what my case is," he'll argue it

[43:58] very, very well. He could argue for a

[44:03] person or against a person depending

[44:04] upon who his client is. But in the

[44:07] solicitor's general's office, that's

[44:09] where they make a determination what

[44:11] position the United States will take and

[44:14] which cases they will take to make a

[44:17] case. Those are the areas I'd like to

[44:20] see. Did he indicate to you that he

[44:22] might be interested in having those

[44:23] documents released?

[44:24] >> I think he feels constrained by what the

[44:26] White House has uh said and the White

[44:28] House won't let them won't uh bring them

[44:31] forward. I'm also concerned about some

[44:34] documents that were lost. There's no

[44:36] fault of his, but of course we were

[44:38] supposed to get the documents from the

[44:40] uh Reagan library. At the last minute,

[44:43] the White House said, "No, no, no. you

[44:45] can only see see them after we see them

[44:48] even though they're going to become part

[44:49] of the uh public records anyway. And

[44:51] apparently some that were on affirmative

[44:54] action, the White House looked at them

[44:56] and suddenly they've disappeared. The

[44:59] White House said they gave them back and

[45:00] they'd be glad to tell us their analysis

[45:03] of what's in it. Uh coming from the

[45:06] Ronald Reagan library, I take the Reagan

[45:08] position. Trust but verify. I want to

[45:11] see the original documents. In the time

[45:13] since you met him on this nomination,

[45:15] first in July 20th and today, you've

[45:17] said some increasingly tough things

[45:19] about him. And if you don't mind, I'd

[45:21] like to actually read them to you.

[45:22] >> Sure.

[45:23] >> You said, as you well know,

[45:25] >> about these papers, those papers that we

[45:27] have received paint a picture of John

[45:29] Roberts as an eager and aggressive

[45:31] advocate of policies that are deeply

[45:33] tinged with the ideology of the far

[45:35] rightwing of his party then and now. In

[45:38] influential White House and Department

[45:39] of Justice positions, John Roberts

[45:41] expressed views that were among the most

[45:42] radical being offered by a cadre intent

[45:45] on reversing decades of policies on

[45:48] civil rights, voting rights, women's

[45:49] rights, privacy, and access to justice.

[45:52] That's tough talk, Senator.

[45:54] >> It's fairly tough, especially we

[45:56] Vermoners tend to say things in somewhat

[45:59] more quiet way. But I uh I meant it and

[46:01] I I talked to him about that. I actually

[46:03] talked about the uh virtually what you

[46:07] just read and I was asking to what

[46:10] extent is the John Roberts a 27 year old

[46:13] 28 29 30 year old John Roberts uh eager

[46:17] accolate in the Reagan administration

[46:22] how does that person relate to the judge

[46:24] Roberts today and the reason I asked him

[46:28] that question I said my feeling about

[46:30] anybody who's going to be a federal

[46:32] judge especially a Supreme Court judge.

[46:35] I want to know before I vote for that

[46:37] person, could I feel safe if my case was

[46:41] before them or your case or the person

[46:45] two doors down from here, their case?

[46:47] Would they have a case that would be

[46:50] heard on the merits or would it be

[46:52] predetermined?

[46:54] Now, the some of the writings you saw

[46:57] there gave the impression of somebody

[46:58] who predetermined these things. I want

[47:01] to know that they he would sit as a

[47:03] judge with an open mind. B make up his

[47:08] mind. Now, is he going to be a

[47:10] conservative jurist? Sure. I voted for a

[47:13] lot of conservative jurors, but I voted

[47:15] for these jurists on the assumption they

[47:18] were people who would give you a fair

[47:20] shake and would not predetermine a case.

[47:22] >> When you said that he would you had

[47:24] concerns about his stand on civil

[47:26] rights, what particularly are you

[47:27] talking about? Well, I I I want to

[47:29] understand that he really cares about

[47:33] affirmative action, that cares about

[47:34] equality. I want to make sure he

[47:37] understands there's a lot of

[47:38] discrimination in the United States

[47:40] today. We have laws that try to redress

[47:43] that. And is he going to be open to the

[47:46] application of those laws? When you

[47:48] think about the things that you know

[47:49] that he has written and the things that

[47:50] you don't know about that the White

[47:52] House has not been willing to uh

[47:54] release, do you think that someone is

[47:56] trying to hide something from you?

[47:58] >> Well, I I I worry about the things that

[48:00] suddenly get lost by the White House and

[48:02] maybe they'll turn up, maybe they won't.

[48:04] I'm not I'm not willing to just accept

[48:06] what they say about them. Uh I want to

[48:09] see what they say. But I think they do

[48:13] Judge Roberts a disservice

[48:16] by holding things back, especially those

[48:18] areas that reflect what his judgment of

[48:21] what the law should be. Not just what

[48:23] the law is, but what the law should be.

[48:25] They do him a disservice because then

[48:27] everybody speculates on what he would

[48:29] say. But then at the same time, that

[48:32] puts a heavier burden on us when a

[48:34] burden that we should try to carry to

[48:36] ask the question to find out who he is.

[48:38] And I don't think any senator should

[48:41] feel justified in automatically voting

[48:44] for him unless they're satisfied that

[48:47] person is going to reflect all of us.

[48:50] >> In previous judicial confirmation

[48:51] battles, you have urged the White House

[48:52] to to take the advice of the American

[48:54] Bar Association. The American Bar

[48:56] Association has said that Judge Roberts

[48:58] is wellqualified. Does that sway your

[49:00] thinking?

[49:01] >> It it uh is part of my thinking. I I

[49:05] wish they had waited to read all the

[49:07] things he said that the rest of us did,

[49:10] but uh no, I think that is I I think

[49:13] conversely, if they said he wasn't

[49:15] qualified, then that would hurt him a

[49:17] great deal. But I think everybody knows

[49:20] he's a brilliant judge. Everybody knows

[49:22] he's a brilliant lawyer. He's been a an

[49:25] extremely gifted um advocate before the

[49:28] Supreme Court.

[49:30] you as the ranking Democrat on this

[49:32] committee are probably the subject of a

[49:34] lot of competing emails, phone calls, uh

[49:36] pressure, shall we say, from

[49:38] >> I've heard you have you heard that

[49:39] centrist Democrats, liberal Democrats,

[49:42] interest groups, they all, I'm sure, are

[49:44] zeroing in on you. What kind of pressure

[49:46] are you feeling?

[49:48] >> Well, I'll talk to any senator who

[49:50] wants. I mean, I've always I've done

[49:52] this for 30 over 30 years in the Senate.

[49:54] I'd be glad to talk with any senator who

[49:56] wants to talk about I'm not meeting with

[49:58] interest groups of either the right or

[50:00] the left.

[50:00] >> Any senators trying to influence your

[50:02] vote?

[50:02] >> No. No. And um interestingly enough, you

[50:06] know, on other issues, senators will

[50:09] come and try obviously we got this

[50:11] appropriations bill coming up or an

[50:13] agriculture bill or whatever. And

[50:15] senators, as we should, will go around

[50:17] trying to get other senators to vote

[50:19] with you. No senator has suggested to me

[50:22] how to vote one way or the other.

[50:24] >> You and Senator Spectre have a famously

[50:26] cordial relationship. Does uh preparing

[50:29] for a hearing like this put any

[50:30] pressure, any tension on that?

[50:32] >> No. I mean, we often have times we vote

[50:34] differently. We often have times we take

[50:36] even within the judiciary committee

[50:38] different views on things, but we have a

[50:40] great deal of respect for each other and

[50:42] each other's ability. And I think you

[50:43] have that old prosecutor's bond where we

[50:46] can usually work things out. What should

[50:48] Americans who are watching these

[50:50] hearings next week be listening for?

[50:53] >> They should listen to those senators who

[50:54] actually ask questions. And those who

[50:57] want to just simply give a speech

[51:00] uh either for or against Judge Roberts

[51:04] without asking questions. Frankly, I'd

[51:07] ignore them. I don't care which party

[51:08] they belong to. Listen to those asking

[51:10] questions and then see if those

[51:12] questions give you a view of a

[51:15] justice who could

[51:18] barely hear your case. No matter who you

[51:21] are in America, do you feel satisfied

[51:24] this man could hear a case involving me?

[51:29] If you're satisfied with that, then

[51:30] you've got a good justice. If you're not

[51:33] satisfied with that, you have reason for

[51:35] concern. And what will you be listening

[51:37] for as he answers those questions?

[51:39] >> Basically the same thing. Uh you know

[51:42] there's only 101 people get a say in

[51:44] this. The president of course most

[51:46] importantly in making the nomination and

[51:48] then the 100 senators. We have to stand

[51:51] in the shoes of 280 million Americans. I

[51:54] think some of my fellow senators

[51:55] sometimes don't realize the

[51:57] responsibility that is. Uh it's not a

[52:00] responsibility to jump to an instant

[52:02] conclusion. It's a responsibility to

[52:03] take your time, really pay attention

[52:06] because we're representing all 280

[52:08] million Americans and I want to make

[52:10] sure at the when I vote and at this

[52:14] moment I have absolutely no idea how I

[52:16] will vote, but I want to know when I

[52:18] vote. I feel I've carried that

[52:20] responsibility.

[52:21] >> In all of the years that you've been

[52:22] following this process and been involved

[52:24] in it, what would what have you learned

[52:26] from past Supreme Court nomination

[52:28] processes that you would apply to this

[52:30] one?

[52:31] I've learned it is wise to wait to make

[52:34] up your mind. I I look at the

[52:38] both the right and the left cite the

[52:39] case of Robert Borick

[52:42] without

[52:44] appearing as though they were actually

[52:45] at the hearing before the Borc hearing

[52:49] began. I suspect they had a majority if

[52:52] not all of the members of the uh

[52:55] judiciary committee were going to vote

[52:56] for him. Now, as that hearing went on

[53:00] and as as the answers to his questions

[53:03] came out,

[53:04] >> some of them actually rather strange

[53:07] answers.

[53:08] >> You could see the change within the

[53:11] within the committee

[53:12] >> and

[53:14] ultimately the committee voted against

[53:15] him. Ultimately, the Senate Republicans

[53:17] and Democrats voted against him, but

[53:21] also the American public watching the

[53:23] hearing. You could tell from the calls

[53:25] to the offices to all of us, Republicans

[53:27] and Democrats, that public opinion

[53:30] turned very strongly against him. So,

[53:32] the thing is, wait till you get in

[53:33] there. Who knew about Anita Hill before

[53:36] the uh before the hearing began? uh

[53:39] Sandra Day. Oconor when she was

[53:42] nominated there was a lot of concerns

[53:45] expressed by some of the liberal groups

[53:47] that well she's you know she's a

[53:49] conservative from Arizona conservative

[53:51] legislator and all the vote on her was

[53:55] 99 to nothing. It was a very good vote.

[53:58] uh some of these same groups that were

[54:01] critical of her when she was first uh

[54:04] nominated are now the ones who say,

[54:06] "Boy, we need another justice just like

[54:09] Sandra Day. Oconor." Keep your powder

[54:12] dry.

[54:13] >> Senator Ley, thank you.

[54:14] >> It's good to be with you

[54:24] again. The other major developments of

[54:25] the day, Hurricane Katrina slammed into

[54:28] the Gulf Coast. The brunt of it missed

[54:30] New Orleans, but officials reported

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[56:40] >> That would be me.

[56:41] >> I think they're in shock. They probably

[56:43] are. Thanks for watching, folks. That

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