PBS NewsHour; June 14, 2010 7:00pm-8:00pm EDT

Captioning sponsored by MacNEIL/LEHRER PRODUCTIONS

>> Woodruff: GOOD EVENING. I'M JUDY WOODRUFF. PRESIDENT OBAMA BEGAN A TWO-DAY TRIP TO THE GULF, HIS FOURTH SINCE THE OIL LEAK BEGAN NEARLY EIGHT WEEKS AGO.

>> Suarez: AND I'M RAY SUAREZ. ON THE NEWSHOUR TONIGHT, B.P. UNVEILED A NEW PLAN TO CAPTURE MORE OIL FROM ITS BLOWN-OUT WELL. WE LOOK AT THE FEDERAL GOVERNMENT'S AUTHORITY TO COMPEL THE COMPANY TO PAY DAMAGES.

>> Woodruff: PLUS, WE GET SOME PERSPECTIVE ON WHAT THE PRESIDENT CAN AND SHOULD DO ABOUT THE DISASTER FROM MICHAEL BESCHLOSS, KATHLEEN HALL JAMIESON, AND JONATHON CAPEHART.

>> Suarez: THEN TWO STORIES ABOUT MINERALS. MARGARET WARNER LOOKS AT THE DISCOVERY OF HUGE UNTAPPED DEPOSITS IN AFGHANISTAN.

>> Woodruff: AND KIRA KAY REPORTS ON THE HUNT FOR THE RARE EARTH METALS THAT ARE KEY TO GREEN TECHNOLOGIES.

>> THE FIRST STEP IN THE SUPPLY CHAIN FOR THE GREEN WORLD IS THE MINE. PEOPLE WHO HAVE KNEE-JERK REACTION, MINING IS EVIL, MINING IS BAD, MINING IS IS DIRTY, THEN FORGET GREEN. YOUR WORLD WILL BE BLACK.

>> Suarez: AND JEFFREY BROWN TAKES US TO A ONE-MAN SHOW ABOUT THE LIFE AND LEGACY OF SUPREME COURT JUSTICE THURGOOD MARSHALL.

>> THERE WAS A TIME IN THIS COUNTRY IN, YOU KNOW, MANY STATES NOT FAR FROM WHERE YOU AND I SIT THAT WE COULD NOT HAVE GONE INTO A RESTAURANT AND EATEN TOGETHER. AND HIS LIFE'S WORK CHANGED THAT.

>> Woodruff: THAT'S ALL AHEAD ON TONIGHT'S NEWSHOUR. MAJOR FUNDING FOR THE PBS NEWSHOUR HAS BEEN PROVIDED BY:

>> AND BY THE BILL AND MELINDA GATES FOUNDATION. DEDICATED TO THE IDEA THAT ALL PEOPLE DESERVE THE CHANCE TO LIVE A HEALTHY, PRODUCTIVE LIFE. AND WITH THE ONGOING SUPPORT OF THESE INSTITUTIONS AND FOUNDATIONS. AND... THIS PROGRAM WAS MADE POSSIBLE BY THE CORPORATION FOR PUBLIC BROADCASTING. AND BY CONTRIBUTIONS TO YOUR PBS STATION FROM VIEWERS LIKE YOU. THANK YOU.

>> Suarez: B.P. WORKED TODAY TO CUT BACK HOW MUCH OIL IS STILL ESCAPING FROM THAT WELL IN THE GULF OF MEXICO. IT ALSO CAME UNDER GROWING PRESSURE TO SET ASIDE HUGE SUMS FOR DAMAGES CLAIMS-- ALL OF THIS, AS PRESIDENT OBAMA WAS BACK AT THE SCENE OF THE SPILL. THE PRESIDENT'S ARRIVAL IN MISSISSIPPI MARKED THE START OF A TWO-DAY VISIT TO THE GULF REGION TO INSPECT RESPONSE EFFORTS FIRSTHAND. THREE EARLIER TRIPS WERE TO LOUISIANA. HIS LATEST TOUR FOCUSED ON MISSISSIPPI, ALABAMA AND FLORIDA. THE FIRST STOP WAS GULFPORT, MISSISSIPPI, FOR A BRIEFING BY COAST GUARD ADMIRAL THAAD ALLEN AND LOCAL OFFICIALS. THE PRESIDENT ACKNOWLEDGEDED COMPLAINTS OF DISORGANIZED EFFORTS TO KEEP THE OIL OFF SHORE.

>> ONE OF THE THINGS THAT CAME OUT OF THIS DISCUSSION IS HOW DO WE MAKE SURE THAT THERE'S EFFECTIVE COORDINATION IN TERMS OF SKIMERS, VESSELS OF OPPORTUNITY THAT ARE OUT IN THE WATER RIGHT NOW. CAN WE MAKE SURE THAT THEY ARE SPONGEDING AS QUICKLY AS... RESPONDING AS QUICKLY AS POSSIBLE TO THE OIL BEFORE IT STARTS GETTING CLOSER TO THE SHORE?

>> Suarez: LATER MR. OBAMA MET WITH GULFPORT RESIDENTS, HEARD THEIR FRUSTRATIONS AFTER LIVING WITH THE SPILL FOR 56 DAYS. THEN IT WAS ON TO THEODORE, ALABAMA, TO SURVEY THE CLEAN-UP OPERATION AND TOUR A STAGING AND DECONTAMINATION FACILITY.

>> NOW, I CAN'T PROMISE FOLKS HERE IN THEODORE OR ACROSS THE GULF COAST THAT THE OIL WILL BE CLEANED UP OVERNIGHT. IT WILL NOT BE. IT'S GOING TO TAKE TIME FOR THINGS TO RETURN TO NORMAL. AND IN THE END, I AM CONFIDENT THAT WE'RE GOING TO BE ABLE TO LEAVE THE GULF COAST IN BETTER SHAPE THAN IT WAS BEFORE.

>> Suarez: MEANWHILE BP EXPEDITED PLANS TO COLLECT UP TO TWO MILLION GALLONS OF OIL A DAY FROM THE DAMAGED WELLHEAD BY THE END OF JUNE. RIGHT NOW, A CAP AND CONTAINMENT OPERATION IS SIPHONING SOME 630,000 GALLONS OF OIL EACH DAY. STARTING TOMORROW CREWS PLAN TO CAPTURE AND BURN AN ADDITIONAL 400,000 GALLONS A DAY. THE COMPANY HAS ALSO INSTALLED UNDERSEA SENSORS TO GAUGE JUST HOW MUCH CRUDE IS SPEWING OUT. BUT U.S. HOUSE INVESTIGATORS SUGGESTED THE LOSS OF THE OFF- SHORE RIG DEEP WATER HORIZON IN APRIL WAS PARTLY DUE TO BP COST CUTTING. THEY RELEASED INTERNAL DOCUMENTS INCLUDING ONE THAT CALLED IT A NIGHTMARE WELL. ALL THE WHILE THERE'S BEEN GROWING PRESSURE TO LAUNCH A MORE AGGRESSIVE RESPONSE.

>> THERE'S NO END TO THIS THAT WE KNOW OF RIGHT NOW. WE CAN SEND A MAN TO THE MOON BUT WE CAN'T CAP AN OIL WELL? IT'S RIDICULOUS. IN THIS TECHNOLOGY TIME, THAT IS RIDICULOUS.

>> WE ARE IN THIS FOR THE LONG HAUL.

>> Reporter: THE PRESIDENT WILL TRY TO RESPOND TO THAT PRESSURE WHEN HE RETURNS TO WASHINGTON TOMORROW NIGHT. HE PLANS A NATIONALLY TELEVISED PRIME TIME ADDRESS, HIS FIRST FROM THE OVAL OFFICE. WHITE HOUSE AIDES SAY HE'S PRESSING BP TO SET UP AN ESCROW ACCOUNT FOR DAMAGE CLAIMS TO BE INDEPENDENTLY MANAGED. HE'LL RAISE THAT ISSUE WITH BP EXECUTIVES IN A MEETING WEDNESDAY.

>> SO FAR WE'VE HAD A CONSTRUCTIVE CONVERSATION . MY HOPE IS THAT BY THE TIME THE CHAIRMAN AND I MEET ON WEDNESDAY THAT WE'VE MADE SUFFICIENT PROGRESS THAT WE CAN START ACTUALLY SEEING A STRUCTURE THAT WOULD BE IN PLACE.

>> Suarez: IN LONDON TODAY, BP'S BOARD CONSIDERED THE ESCROW ISSUE AS WELL AS U.S. DEMANDS THAT THE COMPANY SUSPEND SECOND QUARTER DIVIDEND PAYMENTS. SOME FURTHER ANALYSIS NOW

>> Suarez: SOME FURTHER ANALYSIS NOW ABOUT THE IDEA OF AN ESCROW FUND AND ITS BASIS IN LAW FROM A PAIR OF ATTORNEYS. STEVE YERRID IS A TRIAL LAWYER WHO WAS APPOINTED AS A SPECIAL COUNSELOR TO THE STATE OF FLORIDA LAST WEEK BY GOVERNOR CHARLIE CRIST. HE WILL ADVISE THE GOVERNOR ABOUT LEGAL ISSUES RELATED TO THE SPILL. AND DANIEL FARBER IS DIRECTOR OF THE ENVIRONMENTAL LAW PROGRAM AT THE UNIVERSITY OF CALIFORNIA, BERKELEY, LAW SCHOOL. STEVE YERRID, LET ME START WITH YOU. CAN THE GOVERNMENT UNDER CURRENT LAW COMPEL BP TO START AN ESCROW FUND?

>> WELL, RAY, WE'RE CLEARLY ON NEW LAND RIGHT NOW, A FRONTIER THAT WAS CREATED AFTER THE VALDEZ OIL SPILL. WHAT I THINK THEY'RE GOING TO DO IS PREMISE IT UPON THE RESPONSIBLE PARTY CONNOTATION AND THE OIL POLLUTION ACT WHICH WAS PASSED IN 1990 WHICH MAKES THE RESPONSIBLE PARTY LIABLE FOR ALL THE DAMAGES AND THE CLEAN-UP. WHAT THEY WANT TO DO NOW IS FRONT-END THAT AND PUT IT IN A TRUST FUND TO GET AWAY FROM BP LOOKING LIKE AN OVERSIGHT ENTITY AND PUT IT ON THE GOVERNMENT, A GOVERNMENT WE CAN TRUST A LOT BETTER THAN WE CAN TRUST AN OIL COMPANY.

>> Suarez: DANIEL FARBER, YOU'RE FAMILIAR WITH WHAT'S IN THAT FEDERAL OIL PROTECTION ACT. IS THERE A MECHANISM IN THERE FOR THE GOVERNMENT TO SAY, YOU MUST CREATE AN ESCROW FUND?

>> WELL, I'M HAVING A LITTLE TROUBLE SEEING THAT. CERTAINLY IT'S TRUE THAT AT THE END OF THE DAY VICTIMS CAN GO TO COURT AND SUE. AND BP ALSO HAS TO HAVE A MECHANISM FOR PROCESSING CLAIMS BEFORE THAT. BUT I DON'T SEE ANYTHING AT LEAST THAT TO MY MIND REQUIRES THEM TO SET UP THIS ESCROW OR TRUST FUND. I THINK IT MIGHT BE A GOOD IDEA BUT I'M NOT AT ALL SURE THAT IT'S IN THE LAW.

>> Suarez: DANIEL FARBER, THE ADVANTAGES OF HAVING MONEY SET ASIDE WELL BEFORE THE YEARS OF LITIGATION BEGIN, IS THERE SOMETHING IN IT FOR BP AS WELL AS FOR THE CLAIMANTS? IF THAT CAN BE AGREED TO?

>> YEAH, I THINK THERE IS. I THINK BP IS FACING A SITUATION WHERE THERE IS ENORMOUS DISTRUST ABOUT ITS CAPABILITY FOR DEALING WITH THIS, ABOUT ITS GOOD FAITH ON THE PART OF A LOT OF PEOPLE INSIDE THE U.S. GOVERNMENT AND AMONG THE PUBLIC. I THINK SETTING UP A FUND LIKE THIS WOULD BE VERY HELPFUL FOR THEM IN TERMS OF SHOWING GOOD FAITH, OF ASSURING PEOPLE THAT THEY ARE GOING TO TAKE RESPONSIBILITY FOR WHAT HAPPENED. SO I SEE A LOT OF REASONS FOR THEM TO DO IT. WHETHER THEY HAVE TO DO IT THOUGH IS SOMETHING THAT'S LESS CLEAR.

>> Suarez: STEVE YERRID, THERE HAVE BEEN SOME VERY LARGE DOLLAR FIGURES THROWN AROUND IN SPECULATION ABOUT WHAT THIS ESCROW FUND WOULD HOLD. HOW DO YOU DETERMINE HOW BIG IT HAS TO BE, AND THAT MUST BE A PART OF THE NEGOTIATION THAT PRECEDES SETTING IT UP, NO?

>> FIRST, LET'S SET THE RECORD STRAIGHT. THIS HAS BEEN A PUBLIC RELATIONS NIGHTMARE FOR BP. I AGREE WITH THE PROFESSOR. I DON'T THINK THERE'S A MANDATE FOR A PROVISO IN THE STATUTORY SCHEME OF THINGS THAT REQUIRES THE SETTING UP OF THE FUND. WHAT WE'RE DOING NOW IS SEEING AN ADMINISTRATION TRYING TO GET AHEAD OF THE CURVE. THEY'RE TRYING TO BASICALLY TAKE THE DIRECTION AND CONTROL FROM BP AND PUT IT IN THE HANDS OF THE AMERICAN GOVERNMENT. SO THAT WE CAN CONTROL THE INTERNATIONAL CONGLOMERATE'S LIABILITY WHICH IS DEFINED UNDER THE ACT IN 90. WHAT I THINK IS GOING ON IS A PROCESS WHEREBY THEY'RE TRYING TO SPECULATE-- WE WOULD CALL IT GUESSING IN THE LAY TERMS-- BUT BASICALLY ESTIMATE A MULTIBILLION DOLLAR AMOUNT OF DAMAGES WHICH CAN'T BE GIN TO FATHOM WHAT COULD HAPPEN TO MY BELOVED STATE AND THE COASTAL STATES OF THE SOUTH SHOULD THIS SPILL CONTINUE AS IT HAS UNABATED AND EVEN NOW IF IT WAS STOPPED WHAT MAY HAPPEN TO THE POLLUTANTS AS THEY CREEP THEIR WAY TOWARDS SHORE BOTH ON TOP AND UNDER WATER.

>> Suarez: BUT WOULDN'T THEY WANT SOME PROTECTION AGAINST FUTURE CLAIMS IN RETURN FOR THIS ESCROW ACCOUNT? WHEN YOU'RE FIGURING OUT HOW MUCH MONEY HAS TO GO INTO THAT POT, DOESN'T BP AS A COOPERATION ... CORPORATION WANT SOME PREDICTABILITY DOWN THE ROAD? IF THEY ALLOW THIS, YOU WON'T COME BACK AGAIN IN THREE, FOUR, FIVE YEARS.

>> THAT'S AN EXCELLENT POINT. THAT'S THE PROBLEM WITH THE AMOUNT OF MONEY. IT WOULD HAVE TO HAVE BY DEFINITION A NON-CAPPED ASPECT TO IT BECAUSE WE JUST SIMPLY CANNOT CAP OUR LIABILITY RIGHT NOW TO SOME UNKNOWN FIGURE. I THINK IT NEEDS TO BE COUCHED MORE OF A GOOD-FAITH SHOW BY BP. THERE MAY BE OTHERS. HALLIBURTON AND TRANSOCEAN WERE OUT THERE. THEY HAVE YET TO BE DETERMINED AS FAR AS WRONGFUL CONDUCT OR LIABILITY. WE'RE LOOKING AT ALL THAT NOW. WITH REGARD TO THIS FUND, WHATEVER IT IS, IT'S GOT TO HAVE AN ESCAPE CLAUSE SO THAT IF THE DAMAGES ESCALATE BEYOND THAT POINT, REMEMBER, THAT'S ABOUT ONE YEAR'S EARNINGS, ONE YEAR'S ANNUAL PROFIT FOR BP. THAT'S THE RELATIVELY OF WHAT WE'RE TALKING ABOUT. THEY EARN $17 BILLION LAST YEAR. MIGHT DO A LITTLE BETTER THAN THAT THIS YEAR. WE'RE TALKING ABOUT A YEAR'S WORTH OF PROFIT. BUT WE'RE TALKING ABOUT A GENERATION'S WORTH OF DAMAGES, MAYBE A LEGACY THAT WILL INVADE THE NEXT GENERATION. WE'RE TALKING ABOUT MONUMENTAL POTENTIAL DAMAGES. AM I COMFORTABLE WITH ANY TYPE OF CAP? ABSOLUTELY NOT.

>> Suarez: PROFESSOR FARBER, THIS IS A SITUATION WITH A VERY LARGE NUMBER OF CLAIMANTS, SO FAR AN UNDETERMINED AMOUNT OF DAMAGE. IN MANY CASES LIKE THIS, THE LITIGATION IS... HAS TAKEN SO LONG THAT ORIGINAL COMPANY DOESN'T EVEN EXIST ANY MORE BY THE TIME ALL THE LAWSUITS ARE WRAPPED. DO YOU HAVE TO CREATE A PURPOSE-BUILT, CUSTOM-BUILT LEGAL SCHEME TO HANDLE THE BP CASE?

>> WELL, I DON'T KNOW IF WE NEED A CUSS ... CUSTOM-BUILT SCHEME FOR BP BUT I THINK THIS HAS SHOWN A GENUINE PROBLEM BOTH HERE BUT ALSO WITH OTHER KINDS OF ENVIRONMENTAL DISASTERS WITH PUBLIC HEALTH DISASTERS, WHICH IS THAT WE HAVE A VERY LONG LITIGATION PROCESS AND PEOPLE MAY NEED HELP RIGHT AWAY. WE NEED TO HAVE A BETTER MECHANISM FORGETTING PEOPLE IMMEDIATE RELIEF RATHER THAN WAITING UNTIL HOW MANY YEARS LATER THE SUPREME COURT FINALLY DISPOSES OF THE CASE. I REALLY WISH CONGRESS WOULD ADDRESS THAT BOTH FOR THESE OIL SPILLS NOT JUST THIS ONE BUT OTHERS AS WELL AND ALSO FOR SIMILAR KINDS OF MASS COURT CASES. I THINK THAT WOULD BE A REALLY CONSTRUCTIVE....

>> Suarez: IS THERE A PRECEDENT THAT GIVES POSITIVE GUIDANCE, A GOOD EXAMPLE OF HOW THIS MIGHT BE HANDLED, A MODEL FOR BP?

>> I THINK THERE HAVE BEEN ESPECIALLY IN CASES WHERE WE'VE ALREADY SOME LITIGATION. IN THE ASBESTOS CASES PARTLY AS A RESULT OF BANKRUPTCIES AND SO FORTH, WE'VE SET UP FUNDS TO DEAL WITH CLAIMS. WE HAVE THE 9/11 FUND. I THINK WE COULD FIND GOOD GUIDANCE ON HOW TO SET UP A PROCEDURE THAT WOULD HELP US IN THESE SITUATIONS.

>> Suarez: PROFESSOR FARBER, DANIEL YERRID, GENTLEMEN, THANK YOU BOTH.

>> THANK YOU.

>> THANK YOU, RAY.

>> Woodruff: FOR SOME ADDITIONAL PERSPECTIVE ON THE PRESIDENT'S HANDLING OF THE OIL SPILL, WE ARE JOINED BY PRESIDENTIAL HISTORIAN AND AUTHOR MICHAEL BESCHLOSS; KATHLEEN HALL JAMIESON, PROFESSOR OF COMMUNICATION AND DIRECTOR OF THE ANNENBERG PUBLIC POLICY CENTER AT THE UNIVERSITY OF PENNSYLVANIA; AND JONATHAN CAPEHART, COLUMNIST FOR THE "WASHINGTON POST" AND CONTRIBUTOR TO MSNBC. THANK YOU ALL FOR BEING WITH US. KATHLEEN HALL-JAMIESON, I'M GOING TO BEGIN WITH YOU. HOW HAS THE PRESIDENT DONE SO FAR? HOW DO YOU ASSESS THE JOB HE'S DONE?

>> HE'S WORKING UNDER A VERY DIFFICULT CIRCUMSTANCE IN WHICH WHAT THE PUBLIC EXPECTS OF HIM, WHAT THE PRESIDENT IS ABLE TO DO ARE TWO VERY DIFFERENT THINGS. TODAY HE MADE A GOOD START AT ESTABLISHING THAT HE'S GOING TO HOLD HIS OWN AGENCIES ACCOUNTABLE IN PARTICULAR BY EATING SEAFOOD FOR LUNCH. HE SUGGESTED THAT IT'S STILL SAFE TO EAT SEAFOOD FROM THE GULF AND SUGGESTED THE AGENCIES UNDER HIS CONTROL WILL POLICE THAT VIGILANTLY TO ENSURE THAT WE CAN CONTINUE TO EAT SEAFOOD BUT WE'LL WATCH CAREFULLY ABOUT THE CLEAN WATER AND CLEAN AIR SO THERE'S A BEGINNING OF A START OF SCAFFOLDING UP AN ARGUMENT TO SUGGEST THAT GOVERNMENT HAS ACTION IT CAN TAKE HERE. HE'S ALSO BEEN ARGUING THAT HE'S GOING TO HOLD BP ACCOUNTABLE. WE'LL WAIT TO SEE WHETHER IN FACT THAT WILL HAPPEN.

>> Woodruff: IS IT A MATTER OF WHETHER HE'S HELD AGENCIES AND BP ACCOUNTABLE? IS THAT THE QUESTION?

>> THAT'S PART OF THE QUESTION. I THINK THE AMERICAN PEOPLE WANT TO KNOW WHETHER THESE AGENCIES ARE WORKING. WE'VE BEEN TALKING A LOT ABOUT THE MINERAL MANAGEMENT SERVICE, THE AGENCY THAT IS CHARGED WITH REGULATING OIL RIGS AND THE RATHER COZY RELATIONSHIP THE REGULATOR HAS HAD WITH THE REGULATED. I THINK KATHLEEN IS RIGHT. THE PRESIDENT SAYING THAT HE'S HOLDING HIS AGENCIES ACCOUNTABLE AND HE'S HOLDING HIMSELF ACCOUNTABLE IS RIGHT. BUT ALSO HE'S GOT TO DO AND I THINK HE'S STARTING TO GET THERE, DO A BETTER JOB OF MAKING SURE THAT THE AMERICAN PEOPLE UNDERSTAND EVERYTHING THAT HE'S DOING. UP UNTIL LAST WEEK, I THINK PEOPLE THOUGHT THAT THE PRESIDENT AND HIS ADMINISTRATION WAS JUST SITTING ON THEIR HANDS AND LETTING THIS ENVIRONMENTAL DISASTER HAPPEN. AND HE'S GETTING AHEAD OF IT, I THINK, TO LETTING PEOPLE KNOW THAT HE'S BEEN, YOU KNOW, ON THE BALL FROM THE VERY BEGINNING.

>> Woodruff: MICHAEL BESCHLOSS, WHAT'S YOUR TAKE ON HOW THE PRESIDENT HAS DONE SOME.

>> IN TERMS OF SUBSTANCE, THE OIL IS STILL SPILLING INTO THE GULF. THE WAY PEOPLE ARE GOING TO LOOK AT THIS TWO YEARS FROM NOW IS HOW FAST WAS THIS STOPPED? HOW MUCH DID HE GO AFTER THE PEOPLE RESPONSIBLE? AND ALSO HOW MUCH DID HE HELP THE PEOPLE, YOU KNOW, PEOPLE WHO ARE FISHING IN THE GULF AND OTHERS, PEOPLE INVOLVED IN TOURISM, WHO WERE SUFFERING FROM THIS? AS FAR AS WHAT HE'S DONE THE LAST MONTH-AND-A-HALF IN TERMS OF TALKING TO THE PUBLIC THERE'S ONE WAY HE COULD HAVE DONE THIS WHICH WOULD HAVE BEEN DIFFERENT. THAT GOES BACK TO JIMMY CARTER AND THE IRAN HOSTAGE CRISIS, NOVEMBER OF 1979. CARTER SAID, AS YOU WELL REMEMBER, I'M NOT GOING TO LEAVE THE WHITE HOUSE UNTIL THIS CRISIS IS SOLVED. I'M JUST GOING TO SPEND 28 HOURS A DAY WORKING ON IT. THE RESULT WAS THAT HIS ADMINISTRATION WAS CHAINED TO EVERY TWIST AND TURN.

>> Woodruff: HE WAS HELD HOSTAGE TO WHAT HAPPENED.

>> HE SURE WAS. I THINK THIS IS A MINORITY VIEW IN AMERICA RIGHT NOW, BUT I THINK IT MAY NOT HAVE BEEN A BAD IDEA FOR HIM TO SAY, BARACK OBAMA A MONTH-AND-A-HALF AGO, IT MAY TAKE A VERY LONG TIME TO PLUG THIS LEAK. IT'S GOING TO BE VERY FRUSTRATING. IF I LOOK AS IF I'M SPENDING 24 HOURS A DAY TRYING TO STOP THIS AND IT DOESN'T HAPPEN, PEOPLE WILL THINK I'M IN EFFECTIVE.

>> Woodruff: KATHLEEN HALL-JAMIESON, HOW MUCH DOES IT MATTER WHETHER THE PRESIDENT IS SEEN TO BE DEVOTING A LOT TIME TO THIS PROBLEM?

>> IT MATTERS MORE TO THE MEDIA THAN IT DOES TO THE PUBLIC OR THE SOLVING THE ACTUAL PROBLEM. WHEN THE PRESIDENT SAID THE OTHER DAY IN AN INTERVIEW WITH MATT LAUER THAT HE WASN'T HOLDING ACADEMIC SEMINARS HE WAS MEETING WITH EXPERTS FOR A PURPOSE AND WON'T DEFINE THE OUTCOME OF THAT DISCUSSION, HE WAS NONETHELESS SAYING SOMETHING VERY IMPORTANT ABOUT WHAT PRESIDENTS DO. PRESIDENTS SHOULD GATHER INFORMATION SYSTEMATICALLY AND ENSURE THAT THE PEOPLE WHO WORK FOR THEM ARE DOING THE SAME. THEN TAKE ACTION THAT IS RESPONSIBLE AND HAS POSITIVE LONG-TERM CONSEQUENCES. WE LOOK TO THIS SPEECH TUESDAY NIGHT TO FIND OUT WHAT HE'S LEARNED FROM ALL OF THOSE DISCUSSIONS, INCLUDING THE DISCUSSIONS HE HAD TODAY ON THE GULF.

>> Woodruff: JONATHAN CAPEHART, LET'S CONTINUE THIS QUESTION ABOUT WHAT ARE THE CRITERIA WE SHOULD BE USING TO JUDGE WHETHER THE PRESIDENT HAS HANDLED THIS WELL OR NOT?

>> WELL, WHAT I THINK WE NEED TO DO IS SEE IF HE CAN... SEE IF HE IS SUCCESSFUL AT MARRYING THE POLICY WITH THE PRESENTATION. I THINK WE'VE ALL BEEN WATCHING WHAT THE GOVERNMENT'S BEEN DOING, WHAT HE SAYS IT'S BEEN DOING. THE DAILY BRIEFINGS THAT WE'VE BEEN GETTING FROM COAST GUARD COMMANDANT THAAD ALLEN WHO IS THE CRISIS COMMANDER. WE KNOW WHAT THEY'RE DOING. BUT ON THE OTHER HAND, THE PRESIDENT HASN'T BEEN ABLE TO MAKE THE CONNECTION THAT EVERYTHING THAT HE'S DOING IS A REFLECTION OF THE ANGER AND THE FRUSTRATION THAT HE AND THE AMERICAN PEOPLE FEEL OVER THIS INCIDENT. SO I THINK IF TOMORROW NIGHT WE WALK AWAY WITH A CLEAR SENSE OF WHAT THE ADMINISTRATION HAS DONE AND THEN WHAT THE PRESIDENT WANTS TO DO AS A RESULT OF ALL OF THIS, I MEAN, WE'RE JUST TALKING IN THE LAST SEGMENT ABOUT THE ESCROW ACCOUNT AND THERE ARE OTHER PEOPLE SAYING THAT PRESIDENT IS IS GOING TO USE THIS AS AN OPPORTUNITY TO TALK ABOUT A MORE EXPANSIVE COMPREHENSIVE ENERGY PLAN. WE'LL KNOW IF HE'S SUCCESSFUL IF THE WORDS ON THE PAPER AND THE WORDS WE HEAR TOMORROW NIGHT ARE ACTUALLY THINGS THAT HAVE HAPPENED AND HAVE OCCURRED TWO YEARS FROM NOW WHEN HE RUNS FOR RE-ELECTION.

>> Woodruff: MICHAEL BESCHLOSS, DOES THE STANDARD OR THE CRITERIA THAT WE HOLD THE PRESIDENT TO IN CRISES LIKE THIS, DO THEY STAY THE SAME OVER TIME?

>> DIFFERENT WITH EVERY PRESIDENT BECAUSE ESPECIALLY WITH A NEW PRESIDENT LIKE BARACK OBAMA, A YEAR-AND-A-HALF IN OFFICE, WE'RE STILL LEARNING THINGS ABOUT HIM. EVERYONE HAS SUBLIMINAL WORRIES ABOUT EVERY NEW PRESIDENT. IN BARACK OBAMA'S CASE MAYBE DIDN'T HAVE ENOUGH EXECUTIVE EXPERIENCE, DIDN'T HAVE ENOUGH NATIONAL EXPERIENCE. MAYBE THE TEMPERAMENT IS A LITTLE TOO LAID BACK. THE SECOND YOU HAVE A CRISIS LIKE THIS WHERE PEOPLE ARE FRUSTRATED THEY IMMEDIATELY SAY AHA WE'RE SEEING ALL THOSE THINGS IN PLAY, WE BETTER WORRY ABOUT THIS PRESIDENT. SORT OF LIKE GEORGE H.W.BUSH IN 1991. THE ECONOMY WAS GOING INTO A BAD RECESSION. WASN'T GIVING THE IMPRESSION THAT HE WAS ON TOP OF IT. SO THE NARRATIVE EMERGED THE PRESIDENT IS OUT OF TOUCH AND PEOPLE CONNECTED THAT TO AN INCIDENT WHERE HE WAS SEEING A SUPERMARKET CHECK OUT SCANNER AND SAID ISN'T THAT INTERESTING. I'VE NEVER SEEN THAT BEFORE. PEOPLE SAID BUSH IS SO OUT OF TOUCH HE DOESN'T EVEN KNOW THE WAY MOST PEOPLE SHOPPED. AS IT TURNED OUT IT WAS NEW TECHNOLOGY. SOMETHING LIKE THAT TENDS TO GET ATOPED TO WORRIES PEOPLE HAVE ABOUT A NEW PRESIDENT. THAT'S ONE THING THE ADMINISTRATION HAS BEEN VERY UNSUCCESSFUL IN MANAGING.

>> Woodruff: IS THERE A DANGER THAT PERCEPTIONS COULD SET IN OR PERCEPTION ABOUT ONE OR TWO THINGS THE PRESIDENT DOES NOW THAT HE COULDN'T SHAKE FOR THE REST OF HIS PRESIDENCY? OR ARE WE JUST OVERREADING THAT SORT OF THING?

>> CRISES CREATE OPPORTUNITIES. THEY CREATE PRESIDENTIAL CAPACITY. SO, FOR EXAMPLE, RIGHT NOW WHAT WE HAVE ARE VISUALS THAT ARE EXTREMELY DIFFICULT FOR THE PRESIDENT TO DISPLACE. DYING ENDANGERED WATER FOWL. OIL SPILLING ON TO BEACHES AND CHILDREN TRYING TO PICK IT UP. HE HAS A SITUATION IN WHICH HE HAS TROUBLE WITH THE METRICS HE TALKS ABOUT THOUSANDS AND TENS OF THOUSANDS OF WORKERS AND BOATS AND EQUIPMENT WHEN THE OIL IS HEMORRHAGING IN HUNDREDS OF THOUSANDS, PERHAPS MILLIONS, BUT WHAT HE CAN DO IS HARNESS ALL OF THAT INTO A SPEECH TUESDAY NIGHT THAT IS FOR HIM A SPEECH THE EQUIVALENT OF DELIVERING THE MARSHAL PLAN SPEECH FOR TRUMAN. THE MONROE DOCTRINE SPEECH. A HOUSE DIVIDED AGAINST ITSELF CANNOT STAND. HE COULD GIVE US THE SPEECH THAT TALKS ABOUT HOW THIS CRISIS IS A DEFINING MOMENT FOR THIS PEOPLE. WE WILL COME OUT OF IT WITH A HEALTHIER PLANET, FUELED BY ECONOMYS THAT HAVE CLEAN, SAFE ENERGY, AND HE'LL TELL US HOW WE CAN GET THERE, WHAT THE COSTS WILL BE AND WHY WE HAVE TO PAY IT. HE CAN HARNESS WHAT HE CALLED IN THE CAMPAIGN THE FIERCE URGENCY OF NOW AND CONTROL THOSE PERCEPTIONS.

>> Woodruff: JONATHAN CAPEHART, DO YOU AGREE THE PRESIDENT NEEDS TO TAKE IT TO A HIGHER LEVEL TOMORROW NIGHT IN ESSENCE?

>> HE ABSOLUTELY DOES. I THINK THE PRESIDENT UNDERSTANDS THAT, WHICH IS WHY WE'RE SEEING HIM GIVE THE FIRST... HIS FIRST OVAL OFFICE ADDRESS. AND IT'S ON THIS PARTICULAR ISSUE. WHAT I'LL BE CURIOUS TO FIND OUT IS WHETHER HE WILL TAKE THAT FIERCE URGENCY OF NOW AND USE IT IN THE SAME WAY THAT PRESIDENT CARTER DID IN JULY '79, CORRECT ME IF I'M WRONG, MICHAEL, EITHER '79 OR '77 WHEN HE GAVE HIS CRISIS OF CONFIDENCE SPEECH.

>> '79, JONATHAN.

>> '79. IT WAS ALL ABOUT ENERGY AND HOW THIS NATION NEEDED TO WEAN ITSELF OFF OF ITS DEPENDENCE ON FOREIGN SOURCES OF OIL. HE LAID OUT A VERY STRONG AND DYNAMIC PLAN , A POLICY WHEN YOU READ IT IT'S BREATH TAKING. I JUST READ IT AN HOUR AGO. IT'S BREATH TAKING. AND THEN ONCE YOU FINISH READING IT, YOU REALIZE NONE OF THOSE THINGS HAPPENED. NONE OF THOSE THINGS OCCURRED SO I THINK PRESIDENT OBAMA , HE CAN GIVE THIS MARSHAL PLAN, HE CAN GIVE THIS LANDMARK GROUND- BREAKING SPEECH BUT THE IMPORTANT THING WILL BE HOW DOES HE BACK IT UP WITH ACTIONS TO MAKE THOSE WORDS BECOME REALITY?

>> Woodruff: HOW MUCH DOES THIS SPEECH REALLY MATTER TOMORROW NIGHT, MICHAEL?

>> IT HELPS IN TERMS OF MOMENTARY VIEW OF AMERICANS OF BARACK OBAMA BUT TWO YEARS FROM NOW PRESUMABLY HE'LL RUN FOR RE-ELECTION. I GUARANTEE YOU ALL THAT ALL OF US WILL HAVE A PRETTY SETTLED VIEW OF HOW BARACK OBAMA DID IN THIS CRISIS. IF HE DIDN'T DO VERY WELL FROM THAT PERSPECTIVE, HE COULD GIVE THE SPEECH OF HIS LIFE TOMORROW NIGHT AND IT WOULDN'T HELP.

>> Woodruff: WE ARE GOING TO LEAVE IT THERE. WE THANK YOU ALL THREE. MICHAEL BESCHLOSS, JONATHAN CAPEHART, KATHLEEN HALL-JAMIESON.

>> PLEASURE.

>> THANK YOU.

>> Woodruff: WE WILL HAVE LIVE COVERAGE OF THE PRESIDENT'S ADDRESS TOMORROW NIGHT AT 8:00 P.M. EASTERN ON PBS AND ONLINE.

>> Suarez: STILL TO COME ON THE NEWSHOUR, THE DISCOVERY OF LARGE-SCALE MINERAL DEPOSITS IN AFGHANISTAN, AND THE HUNT FOR RARE EARTH METALS IN THE U.S., CANADA, AND CHINA; AND THE REAL- LIFE STORY OF JUSTICE THURGOOD MARSHALL. BUT FIRST, THE OTHER NEWS OF THE DAY. HERE'S HARI SREENIVASAN IN OUR NEWSROOM.

>> Sreenivasan: THE CENTRAL ASIAN COUNTRY OF KYRGYZSTAN WAS IN TURMOIL TODAY AFTER DAYS OF ETHNIC RIOTING. OFFICIALS REPORTED AT LEAST 138 PEOPLE DEAD AND 1,800 HURT, BUT OTHER ACCOUNTS SAID THE NUMBERS WERE EVEN HIGHER. APPROXIMATELY 100,000 PEOPLE FLED TOWARD THE BORDER WITH UZBEKISTAN TODAY. MOST WERE MINORS DESPERATE TO ESCAPE THE WAVE OF BLOODSHED. THE VIOLENCE HAPPENS BEEN CENTERED IN KEERG STAN'S SECOND LARGEST CITY IN ONLY THREE MILES FROM THE BORDER. FIRES STILL BURNED IN SECTIONS OF THE CITY TODAY WHERE ENTIRE BLOCKS HAVE BEEN DESTROYED. AND MANY OF THE RESIDENTS DEFENDED THEIR ACTIONS.

>> WHATEVER YOU SEE OVER THERE, ALL THE BURNED RESTAURANTS, THE CAFETERIAS WERE OWNED BY THEM, THE ETHNIC UZBE K-S. WE DESTROYED THEM ON PURPOSE.

>> Reporter: TO THE NORTH IN THE CAPITAL CITY DOCTORS SAID THE WOUNDED CANNOT GET TREATMENT.

>> ALL THE ROADS ARE CLOSED. THERE IS SHOOTING AND MILITARY OPERATIONS GOING ON. IT'S IMPOSSIBLE FOR NOW TO LEAVE THAT PLACE.

>> Reporter: THE VIOLENCE WAS THE WORST IN DECADES BETWEEN THE MAJORITY AND THE MINORITY WHO MAKE UP ABOUT 15% OF THE PROVINCE'S FIVE MILLION PEOPLE. THE IMMEDIATE CAUSE WAS UNCLEAR, BUT IT CAME MONTHS AFTER AN UPRISING BROUGHT A NEW GOVERNMENT TO POWER. TODAY THE OUSTED PRESIDENT APPEALED TO A RUSSIAN-LED REGIONAL SECURITY BLOC FOR MORE TROOPS. THE RUSSIANS DID SEND IN A BATTALION TO PROTECT A KEY AIR BASE THEY OPERATE BUT REFUSED TO ENGAGE SOLDIERS IN ANY OTHER WAY. THE PROVINCE IS ALSO HOME TO A MAJOR U.S. AIR BASE, CRITICAL TO ONGOING OPERATIONS IN AFGHANISTAN. BUT IN WASHINGTON, STATE DEPARTMENT SPOKESMAN RULED OUT ANY DIRECT AMERICAN INTERVENTION.

>> WE WILL LISTEN TO WHAT THE GOVERNMENT MIGHT ASK, BUT I THINK RIGHT NOW OUR FOCUS IS HOW CAN WE RESPOND EFFECTIVELY WITHIN THE REGION INTERNATIONALLY. I DON'T THINK WE'RE LOOKING AT ANY UNILATERAL STEPS BY THE UNITED STATES AT THIS POINT.

>> Reporter: IN THE MEANTIME THE RED CROSS AND OTHERS WARN THE SITUATION WAS BECOMING CRITICAL. THE VIOLENCE HAS ALSO SPREAD TO SEVERAL OTHER CITIES BUT ON A SMALLER SCALE.

>> Sreenivasan: THE ISRAELI CABINET TODAY APPROVED AN INQUIRY INTO THE DEADLY RAID ON AN AID SHIP BOUND FOR GAZA. COMMANDOS KILLED NINE PRO- PALESTINIAN ACTIVISTS ON BOARD THE SHIP, BUT ISRAEL REJECTED WORLD PRESSURE TO ALLOW AN INTERNATIONAL PROBE. EUROPEAN FOREIGN MINISTERS TODAY PRESSURED ISRAELI PRIME MINISTER BENJAMIN NETANYAHU TO EASE THE BLOCKADE OF GAZA. IN LUXEMBOURG, MIDDLE EAST ENVOY TONY BLAIR SAID THAT COULD HAPPEN SOON.

>> THE PRIME MINISTER HAS ALWAYS DRAWN THIS DISTINCTION BETWEEN KEEPING WEAPONS OUT AND ALLOWING GOODS NECESSARY IN. I THINK THAT DISTINCTION CAN BEST BE ADDRESSED THROUGH MOVING THROUGH THE PROHIBITED LIST BUT ALL THE WAY THROUGH, THAT IS, THE KEY THING FOR ISRAEL. THEY WILL MAINTAIN THE BLOCKADE BUT THEY ARE PREPARED TO LET IN GOODS THAT ARE NECESSARY TORE PEOPLE'S ORDINARY LIVES.

>> Sreenivasan: PALESTINIAN PRESIDENT MAHMOUD ABBAS REJECTED THE ISRAELI INQUIRY PLAN. HE SAID IT FALLS SHORT OF U.N. DEMANDS FOR AN IMPARTIAL INVESTIGATION. THE DEATH TOLL FROM A FLASH FLOOD IN ARKANSAS CLIMBED TO 20 TODAY WHEN ANOTHER BODY WAS FOUND IN THE LITTLE MISSOURI RIVER. LAST FRIDAY, BEFORE DAWN, HEAVY RAIN SENT A WALL OF WATER THROUGH A POPULAR CAMPGROUND, WHILE CAMPERS WERE STILL SLEEPING. FLASH FLOODS ALSO HIT OKLAHOMA CITY, OKLAHOMA TODAY, CLOSING SEVERAL INTERSTATES AND STREETS. CREWS RESCUED AT LEAST 50 PEOPLE, INCLUDING A TEENAGE GIRL CLINGING TO A TREE. JAPANESE SCIENTISTS HAVE RETRIEVED THE FIRST SPACE CAPSULE TO RETURN FROM A TRIP TO AN ASTEROID. IT PARACHUTED FROM A MOTHER SHIP INTO AUSTRALIA'S OUTBACK OVERNIGHT. THE LARGER SPACECRAFT BURNED UP AS PLANNED AFTER A SEVEN-YEAR FOUR-BILLION-MILE JOURNEY. HELICOPTERS THEN FERRIED THE SCIENTISTS TO A REMOTE DESERT AREA TO PICK UP THE PAYLOAD. THE CAPSULE WAS FLOWN TO JAPAN WHERE SCIENTISTS WILL TRY TO DETERMINE IF IT BROUGHT BACK ANY ALL STREET LOST GROUND LATE IN THE DAY, OVER NEW WORRIES ABOUT EUROPE'S FINANCES. THAT'S AFTER THE GREEK GOVERNMENT'S DEBT WAS LOWERED TO JUNK STATUS. THE DOW JONES INDUSTRIAL AVERAGE LOST 20 POINTS TO CLOSE BELOW 10,191. THE NASDAQ ROSE LESS THAN A POINT TO CLOSE NEAR 2244. THOSE ARE SOME OF THE DAY'S MAJOR STORIES. NOW, BACK TO JUDY.

>> Woodruff: THE PROSPECT OF VAST MINERAL WEALTH IN AFGHANISTAN. MARGARET WARNER HAS THAT STORY.

>> Warner: FOR YEARS THERE HAS BEEN MUCH SPECULATION AND SOME STUDY ABOUT HUGE MINERAL DEPOSITS IN AFGHANISTAN. BUT EXPLORATION OF THOSE MINERALS-- EVERYTHING FROM IRON AND COPPER TO THE LITHIUM USED IN LIGHTWEIGHT RECHARGEABLE BATTERIES-- GOT LOST OR SIDETRACKED BY DECADES OF WAR. NOW, REPORTS TODAY'S LEAD "NEW YORK TIMES" STORY, THE PENTAGON IS TELLING U.S. AND AFGHAN LEADERS THAT THE UNTAPPED MINERAL FINDS, SPREAD THROUGHOUT THE COUNTRY, COULD BE WORTH A TRILLION DOLLARS. THE KARZAI GOVERNMENT SAID THAT WAS GOOD NEWS.

>> IT'S VERY HEARTENING THAT AFGHANISTAN HAS A VERY BRIGHT FUTURE IF THE AFGHAN ISSUES ARE RESOLVED PROPERLY.

>> Warner: JOINING US IS JAMES RISEN, THE "NEW YORK TIMES" CORRESPONDENT WHO REPORTED TODAY'S STORY. NOW THE EXISTENCE OF FUTURE RESERVES, AS WE SAID, HAS BEEN BELIEVED FOR QUITE SOME TIME IN AFGHANISTAN. WHAT IS NEW ABOUT WHAT THE GOVERNMENT HAS DEVELOPED HERE.

>> WHAT HAPPENED IS THAT GEOLOGISTS HAD LOOKED AT THIS BUT NOBODY HAD REALLY BEEN PAYING ANY ATTENTION. THE MIDDLE OF LAST YEAR A PENTAGON TASK FORCE THAT HAD BEEN WORKING IN IRAQ ON BUSINESS DEVELOPMENT WAS TRANSFERRED TO AFGHANISTAN. THEY BEGAN TO LOOK FOR WHAT IS IT WE CAN DO HERE ECONOMICALLY . THEY STUMBLED ACROSS THESE GEOLOGICAL REPORTS THAT NOBODY HAD BEEN IN THE UPPER REACHES OF THE U.S. GOVERNMENT BEGAN LOOKING AT. THEY BEGAN TO REALIZE THIS IS THE ANSWER WE'VE BEEN LOOKING AT FOR SOMETHING OTHER THAN DRUG DEALING IN AFGHANISTAN.

>> Warner: THE U.S. MOST RECENTLY GOT ENGAGED WITH THIS, WHAT, BACK IN '04?

>> WHAT HAPPENED WAS EARLY IN THE WAR THE BUSH ADMINISTRATION WAS LOOKING FOR SOME RECONSTRUCTION PROJECTS. AS PART OF THAT, THE U.S. GEOLOGICAL SURVEY WAS ASKED TO GO AND DO A SERIES OF DIFFERENT ASSESSMENTS. ONE OF THEM WAS A MINERAL ASSESSMENT. ONE OF THE TOP GEOLOGISTS WENT TO THE AFGHAN GEOLOGICAL SURVEY'S LIE RATHER. HE STUMBLED ACROSS WHAT SOME OF THE AFGHAN HAD PRESERVED, OLD SOVIET CHARTS FROM THE SOVIET ERA. THE SOVIETS HAD LOOKED AT THIS AND WANTED TO EXPLOIT IT. THE WAR GOT IN THE WAY AND THEY NEVER DID. THESE CHARTS WERE SITTING AND IN FACT SOME OF THE AFGHAN GEOLOGISTS TOOK THEM HOME DURING THE CIVIL WAR TO PRESERVE THEM. THOSE CHARTS WERE THEN USED BY THE AMERICANS TO DO NEW SURVEYS. BY 2007, THEY HAD COMPLETED SOME NEW HIGH-TECH CHARTS AND DATAS THAT SHOWED ENORMOUS DEPOSITS THAT NOBODY KNEW EXISTED. BUT THEN NOBODY IN THE U.S. GOVERNMENT LOOKED AT THEM. YOU KNOW, NO POLICY MAKERS UNTIL LAST YEAR. THEY BEGAN TO REALIZE, WAIT A SECOND, THIS IS HUGE.

>> Warner: NOW, THERE HAVE BEEN BLOGS. YOUR STORY HAS UNLEASHED BLOGS AND COLUMNISTS TODAY QUESTIONING THE TIMING PART OF THE PENTAGON. WHY ARE THEY WILL TO GO TALK ABOUT THIS NOW? THIS DOESN'T HAVE ANYTHING TO DO WITH THE SPATE OF REALLY BAD NEWS FROM THE AFGHAN WAR FRONT.

>> PROBABLY. YOU KNOW, THERE'S ALWAYS A REASON WHY SOMEBODY WANTS TO TALK ABOUT GOOD NEWS. THAT DOESN'T MEAN THAT IT'S NOT IMPORTANT STORY.

>> Warner: HOW ARE THEY ABLE TO ACTUALLY PUT DOLLAR FIGURES ON THIS SOME.

>> WELL, THE PENTAGON, THAT WAS THE THING. THE PENTAGON PEOPLE BROUGHT IN SOME ECONOMIC EXPERTS TO LOOK AT THIS. THE GEOLOGISTS HAD REALLY NEVER TRIED TO DO AN EVALUATION ON THIS. THAT'S WHAT THE PENTAGON TEAM HAS DONE. THEY HAVE PEOPLE FROM A LOT OF MINERAL COMPANIES THAT ARE STARTING TO LOOK AT THIS NOW AND GO OVER TO AFGHANISTAN AND JUDGE THIS. SO THE PENTAGON'S BEGUN TO DO THAT. THAT'S THE BUSINESS DEVELOPMENT SIDE THAT CAME IN LAST YEAR TO WORK WITH THE GEOLOGY SIDE.

>> Warner: NOW IT GOES WITHOUT SAYING THAT IF THESE WERE PROPERLY DEVELOPED, IT WOULD TRANSFORM THE AFGHAN ECONOMY.

>> RIGHT.

>> Warner: GIVE US A SENSE OF THE SCALE.

>> YEAH, THE AFGHAN GROSS NATIONAL PRODUCT I THINK IS IS $12 BILLION A YEAR. THIS IS ABOUT A TRILLION DOLLARS IN DEPOSITS. IT COULD TAKE DECADES OR, YOU KNOW, GENERATIONS TO FULLY DEVELOP. BUT I THINK FOR THE FIRST TIME IT PROVIDES SOME ALTERNATIVES.

>> Warner: BUT IT IS BIG. IF YOU LOOK AT THE EXAMPLE OF BOLIVIA WHICH HAS THIS LITHIUM, THE SUBSTANCE USED IN BATTERIES, THEY'VE HAD A ... AN IMPOSSIBLE TIME DEVELOPING WHAT THEY'VE GOT, RIGHT? BECAUSE THEY DON'T HAVE THE INFRASTRUCTURE OF ANY KIND.

>> THAT'S ONE OF THE PROBLEMS HERE IS THAT AFGHANISTAN DOESN'T HAVE MUCH OF A RAIL NETWORK. IT HAS NO REAL MINING CULTURE. IT'S IN THE MIDDLE OF A WAR. THE FIRST THING THAT'S GOING ON IS THE INAC COPPER MINE, THE CHINESE HAVE ALREADY GOTTEN A DEAL WITH AFGHANISTAN

>> Warner: THAT WAS LAST YEAR, RIGHT?

>> THAT'S THE FIRST BIG MINE THAT WILL GO IN. WHAT THE CHINESE HAVE AGREED TO DO IS TO BUILD RAIL NETWORKS TO GO WITH THAT. BUT THE RAILROADS WILL ALL GO BACK TO CHINA. THE QUESTION IS WHAT KIND....

>> Warner: YOU MEAN THE LINES FROM AFGHANISTAN?

>> YES. WHAT KIND OF INFRASTRUCTURE ARE YOU GOING TO GET? IS IT GOING TO BE SOMETHING THAT IS HEAVILY WEIGHTED TOWARDS CHINESE EXTRACTION OF AFGHAN MINERALS OR ARE YOU GOING TO HAVE SOMETHING THAT IS MORE FOR WESTERN DEVELOPMENT? IT WILL BE INTEREST. IT'S GOING TO TAKE A LONG TIME REALLY TO DEVELOP THIS.

>> Warner: ALSO, WOULD YOU AGREE THAT IN THE COUNTRY WITH THE LEVEL OF CORRUPTION THAT AFGHANISTAN HAS , BOTH OFFICIAL AND BUSINESSWISE, THAT THIS COULD BE A TWO-EDGED SWORD.

>> YEAH, I MEAN, I THINK THAT'S ONE OF THE THINGS THAT THE REAL PROBLEM HERE IS CAN YOU DEVELOP... I MEAN, YOU'VE ALREADY GOT A COUNTRY THAT'S HEAVILY CORRUPT. AND SO THE QUESTION IS CAN YOU DEVELOP THIS IN A WAY THAT WILL PROVIDE STABILITY OR IS IT GOING TO JUST TURN IT INTO ANOTHER CONGO OR NIGERIA WHERE YOU'VE GOT NATURAL RESOURCE INDUSTRIES THAT JUST WEIGH DOWN THE COUNTRY DEEPLY IN CORRUPTION.

>> Warner: AND JUST MAKE THE ELITES MORE ELITE. WHAT IS THE PENTAGON DONE? YOUR STORY THAT THE PENTAGON IS TRYING TO HELP THEM PUT OUT OTHER PROJECTS TO BID AS EARLY AS THIS FALL.

>> THEY'VE BROUGHT IN INTERNATIONAL ACCOUNTING FIRMS TO STUDY HOW TO START THE BIDDING PROCESS. ONE OF THE THINGS THEY'RE GOING TO DO IS WORK WITH... HAVE THESE ACCOUNTING FIRMS WORK WITH THE AFGHAN MINISTRY OF MINES TO TRY AND FIGURE OUT WHAT IS THE BEST KIND OF CONTRACT TO HAVE THAT WOULD... WHAT IS THE INTERNATIONAL NORMS FOR CONTRACTING FOR THESE KINDS OF DEPOSITS?

>> Warner: WE SHOULD PROBABLY SAY THAT BY SOME ACCOUNTS THAT'S ONE OF THE MORE CORRUPT AGENCYS IN THE AFGHAN GOVERNMENT.

>> ON THE CHINESE MINE AND INAC THEY HAD THE MAJOR BRIBES.

>> Warner: THANK YOU, JIM. JIM RISEN OF THE "NEW YORK TIMES," THANKS SO MUCH.

>> Suarez: AMONG THE DEPOSITS ARE SOME CALLED RARE EARTHS. THERE'S A GLOBAL RACE TO MINE THOSE RARE EARTH ELEMENTS. KIRA KAY REPORTS ON WHAT THAT MEANS FOR THE U.S. AND OTHERS.

>> Reporter: FROM THE AIR, THE FROZEN LANDSCAPE OF CANADA'S NORTHWEST TERRITORIES LOOKS AS REMOTE AS ANY PLACE ON EARTH. BUT IN THIS VAST UNINHAB IED ZONE THERE'S A KIND OF 21st CENTURY GOLD RUSH UNDERWAY. AFTER LANDING ON THE ICY SURFACE OF THOR LAKE....

>> VERY NICE TO MEET YOU.

>> Reporter:... I MET CHRIS PETERSON, A GEOLOGIST WITH AFTER LOAN RARE METALS COMPANY. HE'S OUT HERE LOOKING FOR VERY VALUABLE MINERALS HE BELIEVES ARE UNDER THIS LAKE.

>> THOSE GRAY SPECKS ARE RARE EARTH MINERALS. I MEAN THEY'RE VERY NON-DECEMBER CRYPT NOT SPARKLING AND SHINING LIKE GOLD OR ANYTHING. THEY'RE JUST AS IMPORTANT.

>> Reporter: RARE EARTHS ARE THE ELEMENTS AT THE BOTTOM ROW OF THAT PERIODIC TABLE STUDIED IN HIGH SCHOOLS AROUND THE WORLD. 17 IN ALL. PETERSON TOOK ME OUT TO AVALON'S DRILLING STATION WHERE MACHINES ARE RUNNING DAY AND NIGHT, PULLING SAMPLES FROM A THOUSAND FEET DOWN HOPING TO FIND PROOF OF A LARGE RARE-EARTH DEPOSIT. THESE ARE GRAY RIGHT HERE. ALL OF THESE.

>> JUST START TO GO SEE SOME OF THE ORE MINERALS IN THIS.

>> Reporter: AVALON EXECUTIVE DAVID SWISHER LIKES WHAT HE SEES.

>> WHAT WE'RE FINDING IS THAT THIS ORE-BODY IS EXPANDING EXPONENTIALLY. IT'S JUST GETTING BIGGER AND BIGGER. WE DON'T KNOW WHERE IT ENDS. THAT'S THE EXCITING PART OF IT.

>> Reporter: EXCITING BECAUSE WHILE RARE EARTHS MIGHT BE A LITTLE KNOWN. THEY'RE BECOMING MORE CRUCIAL BY THE DAY. IN PARTICULAR BECAUSE OF THE VERY LIGHTWEIGHT AND HIGHLY HEAT RESISTANT QUALITIES THEY GIVE TO MAGNETS. YOU'D BE SURPRISED TO KNOW HOW PREVIOUS... PREVALENT MAGNETS ARE. THEY ARE IN OUR CELL PHONES AND LAPTOPS. OUR MILITARY TECHNOLOGY DEPENDS ON THEM FOR MISSILE GUIDANCE AND SECURE COMMUNICATION SYSTEMS.

>> THEIR GASP ELECTRIC....

>> Reporter: BUT PERHAPS AS IMPORTANT THESE DAYS IS THAT RARE-EARTH MAGNETS ARE AN INDISPENSABLE INGREDIENT IN THE GREEN TECHNOLOGIES CENTRAL TO OUR ALTERNATIVE ENERGY PLANS.

>> IF YOU'RE GOING TO MAKE A WIND TURBINE YOU NEED RARE EARTH MAGNETS. IF YOU ARE GOING TO MAKE A HYBRID CAR OF THE CURRENT TYPE, A FULL HYBRID SUCH AS THE PRIUS, YOU NEED A RARE EARTH MAGNET.

>> Reporter: JACK ONCE LIVED A QUIET LIFE RESEARCHING AND PROCURING RARE EARTHS FOR THE AUTOMOTIVE AND TECHNOLOGY INDUSTRIES IN DETROIT. TODAY HE TRAVELS THE GLOBE AS A CONSULTANT AND KEY VOICE IN A GROWING CHORUS LOOMING ABOUT A RARE EARTH CRUNCH. SOME PEOPLE HAVE SAID WE COULD BE FACING A RARE EARTH CRISIS IN THE NEXT TWO OR THREE YEARS. YOU'RE SAYING IT COULD BE RIGHT NOW.

>> I'M SAYING IT IS RIGHT NOW. THERE ARE A LOT OF MY COLLEAGUES SAYING, OH, NO, IT'S IN THE FUTURE. IT'S IN THE FUTURE. NO, IT ISN'T BECAUSE DEVELOPING MINES TAKES YEARS AND YEARS. THE CRISIS IS NOW.

>> Reporter: THE PROBLEM IS 95% OF THE WORLD'S RARE EARTH SUPPLIES ARE MINED AND REFINED , PRODUCED SOUP TO NUTS, IN JUST ONE PLACE. CHINA. THE GIANT MINE IN ENERGY MONGOLIA IS EASILY RECOGNIZABLE ON GOOGLE EARTH AND IS IS THE CENTER OF THE INDUSTRY. CHINA USED TO PRODUCE RARE EARTHS PRIMARILY FOR EXPORT. BUT AS ITS ECONOMY BOOMS SO DOES ITS HUNGER FOR ITS OWN MINERAL SUPPLY.

>> THE CHINESE DOMESTIC ECONOMY IS BEGINNING TO DEMAND HUGE QUANTITIES OF RARE EARTH MATERIALS. IT DID NOT DEMAND, AS RECENTLY AS A DECADE AGO. EVERY ONE OF THOSE CARS HAS LITTLE ELECTRIC MOTORS ARE RARE EARTHS IN THEM. EVERY CHINESE PERSON WITH A LAPTOP HAS RARE EARTH MAGNETS IN THE HARD DRIVE OR SOME RARE EARTHS IN THE DISPLAY.

>> Reporter: ON TOP OF ITS CONSUMER NEEDS CHINA IS FACING HEAVY POLLUTION PROBLEMS AND IS ITSELF ACTIVELY TRYING TO GO GREEN. AND SO IT HAS QUIETLY BUT METHODICALLY CUT ITS EXPORTS OF RARE EARTH BY 6% A YEAR OVER THE LAST FIVE YEARS. AND THEN LAST SUMMER AN ARTICLE LEAKED WORD THAT CHINA WAS CONSIDERING A TOTAL EXPORT BAN OF THE MOST CRUCIAL MINERALS. AT A RECENT RARE EARTHS CONFERENCE IN BEIJING LEADING RESEARCHER S ASSURED THE AUDIENCE HIS COUNTRY WILL CONTINUE ITS EXPORTS BUT HE ALSO TOLD US....

>> FOREIGN COUNTRIES SHOULD CALMLY AND LOGICALLY THINK ABOUT THIS AND DEVELOP THEIR OWN MINES FOR THEIR OWN NEEDS. OUR RESOURCES ARE DIMINISHING. WE NEED THESE MINERALS FOR OUR OWN USE.

>> Reporter: JACK LIFT OFFER ON WAS THERE. THEIR MESSAGE IS YOU GUYS BETTER START LOOKING OUT FOR YOURSELF.

>> ABSOLUTELY. THAT IS EXACTLY THEIR MESSAGEMENT CORRECT.

>> Reporter: THEY WON'T BE ABLE TO PROVIDE ANYMORE.

>> AS WE USED TO SAY IN THE MOVIES LOOK OUT FOR NUMBER ONE. THAT'S THEIR MESSAGE TO US BECAUSE THEY'RE LOOKING OUT FOR THEMSELVES AND THEY ARE NOT LOOKING FOR US.

>> Reporter: THE SURPRISING THING IS CHINA WASN'T ALWAYS THE MAIN SUPPLIER OF RARE EARTHS. FOR DECADES, THE LARGEST RARE- EARTH MINE IN THE WORLD OPERATED RIGHT HERE IN THE CALIFORNIA DESERT.

>> IT WAS VERY HIGH GRADE. YOU CAN TELL ABOUT THE GREENISH, BROWNISH TINT.

>> Reporter: JOHN HAS WORKED AT THE MOUNTAIN PATH MINE FOR 20 YEARS.

>> WHEN I FIRST CAME OUT, WE EMPLOYED OVER 300 PEOPLE. THIS MINE WAS IN FULL OPERATION. IT WAS A MAJOR CONTRIBUTOR TO THE RARE EARTH SUPPLY IN THE WORLD.

>> Reporter: THE DEPOSIT WAS DISCOVERED IN 1940s AND FUELED THE COLOR TELEVISION BOOM IN THE U.S. THE RARE EARTH MINERAL MAKES THE PICTURE RED. MORE AND MORE USES WERE DISCOVERED AS TIME PASSED.

>> AMERICA USED TO BE JUST THE NUMBER ONE COUNTRY IN THE WORLD WHEN IT CAME TO RARE EARTH RESEARCH , USES, DEVELOPMENTS, APPLICATIONS. WE HAVE COMPLETELY DROPPED THE BALL IN THAT REGARD. IT'S ALL GONE TO CHINA.

>> Reporter: MARK SMITH IS THE ROWE OF THE COMPANY THAT RUNS MOUNTAIN PATHS.

>> WE WERE OPERATING PRETTY STRONG FOR QUITE SOME TIME. IN THE LATE '90s THE CHINESE REALLY STARRED TO FIGURE OUT HOW MUCH OF A RESOURCE THEY HAD IN THEIR COUNTRY. THEY HAD MANY MANY PEOPLE PUTTING UP SMALL SHOPS THAT WERE PROCESSING THESE RARE EARTHS AND SELLING THEM, YOU KNOW, WHEREVER THEY COULD GET THE BEST PRICE. BUT THEY WERE FLOODING MARKETS WITH THESE MATERIALS.

>> Reporter: MOUNTAIN PATHS FOUND ITSELF OUTPRICED AND CEASED MINING OPERATIONS IN 2002. BUT NOW THERE IS A RUSH TO GET THE MINE AND SEVERAL OTHER DEPOSITS LIKE IT INCLUDING AVALON IN NORTHERN CANADA PRODUCING AS SOON AS POSSIBLE. IT'S A RISKY CAPITAL INTENSIVE PROCESS AND FOR THE MOMENT CHINA'S PRICES ARE STILL HARD TO COMPETE WITH.

>> THIS HEARING WILL NOW COME TO ORDER.

>> Reporter: THE U.S. CONGRESS IS NOW TAKING ON THE ISSUE.

>> WE CAN, IN FACT, BE THE LOWEST COST PRODUCER IN THE WORLD. BUT WE DO NEED HELP IN THAT REGARD. I HAVE 17 SCIENTISTS AND ENGINEERS THAT ARE COMPETING WITH OVER 6,000 CHINESE SCIENTISTS.

>> Reporter: A NEW BILL KNOWN AS THE RESTART ACT PROPOSES REINVIGORATING THE U.S. RARE EARTH SECTOR THROUGH LOAN GUARANTEES AND ESTABLISHING A NATIONAL STOCK PILE OF THE MINERALS. BUT A NEW GOVERNMENT ACCOUNT ANLT OFFICE REVIEW NAMES CRITICAL DEFENSE SYSTEMS THAT COULD NOT FUNCTION WITHOUT RARE EARTHS AND WARNS IT COULD TAKE UP TO 15 YEARS FOR THE U.S. TO REBUILD A DOMESTIC SUPPLY CHAIN. JACK LIFT ON LEAVES IT'S ALL MOVING TOO SLOWLY. ARE YOU OPTIMISTIC THAT THAT GAP CAN BE FILLED WITHIN THE NEXT COUPLE OF YEARS? WHAT HAS TO HAPPEN? >>.

>> I'M OPERATE MISS... OPTIMISTIC BUT MY OPTIMISM IS FADING BECAUSE I'M SEEING A GREAT DEAL OF SMOKE AND NO FIRE. I'M SEEING A LOT OF TALK, CONGRESSIONAL HEARINGS, BILLS DRAFTED BUT I HAVEN'T YET SEEN A SHOVEL.

>> Reporter: AND THEN THERE'S THE ENVIRONMENT. RARE EARTH MINING IN THE U.S. HAS NOT ALWAYS HAD A CLEAN RECORD. IN 1996, A RUPTURED PIPELINE AT THE MOUNTAIN PASS MINE LEAKED 300,000 GALLONS OF CONTAMINATED WATER INTO SURROUNDING LANDS. CLEAN-UP COST MILLIONS OF DOLLARS. THIS RACE IS A CONUNDRUM FOR ENVIRONMENTALISTS WAITING FOR GREEN TECHNOLOGY REVOLUTION.

>> YOU WANT A GREEN FUTURE, YOU WANT TO GO ON THE PATH TO A GREEN FUTURE, THAT PATH STARTS AT A MINE. THE FIRST STEP IN THE SUPPLY CHAIN FOR THE GREEN WORLD IS THE MINE. PEOPLE WHO HAVE KNEE-JERK REACTION, WELL, MINING IS EVIL, MINING IS BAD, MINING IS DIRTY, THEN FORGET GREEN. YOUR WORLD WILL BE BLACK.

>> Reporter: MARK SMITH SAYS THE COMPANY THAT ACQUIRED THE MINE AFTER THE LEAK IS NOW WORKING WITH 18 DIFFERENT REGULATORY AGENCIES TO ENSURE THE MINE IS UP TO ENVIRONMENTAL STANDARDS. HE ALSO POINTS OUT IT IS THE COST OF DOING ENVIRONMENTALLY CORRECT BUSINESS THAT MAKES U.S. OPERATIONS SO MUCH MORE EXPENSIVE THAN CHINA'S. WHERE STANDARDS HAVE BEEN NOTORIOUSLY LAX. RECYCLING RARE EARTHS MAY PROVIDE SOME RELIEF IN THE SHORT TERM. PARTICULARLY FOR DEFENSE APPLICATIONS WHICH USE SMALLER QUANTITIES. BY LIFTON AND OTHERS SAY FINDING ALTERNATIVE TECHNOLOGIES IS A LONG SHOT BECAUSE OF THE UNIQUE PROPERTIES RARE EARTHS OFFER. THE COMPANY HOPES THAT MOUNTAIN PATH MINE WILL BE PRODUCING ABOUT 20,000 TONS OF RARE EARTHS A YEAR BY 2012. BUT THAT IS ONLY THE FRACTION OF WHAT IT IS EXPECTED TO BE 150,000 TON A YEAR DEMAND. THE UNKNOWN HERE IS HOW MUCH CHINA WILL STILL BE PRODUCING AND HOW MUCH IT WILL SHARE.

>> WITHOUT THESE DEPOSITS, WE SIMPLY DON'T ADVANCE.

>> Reporter: EVEN IN CANADA'S FRIGID NORTHWEST TERRITORIES, GEOLOGIST CHRIS PETERSON SAYS HE CAN FEEL THE HEAT. IT WILL BE YEARS OF PERMITTING AND CONSTRUCTION BEFORE ANY RARE EARTHS FROM UNDER THIS FROZEN LANDSCAPE WILL MAKE IT TO MARKET.

>> Suarez: KIRA KAY'S REPORT IS PART OF OUR ONGOING P

>> Suarez: KIRA KAY'S REPORT IS PART OF OUR ONGOING PARTNERSHIP WITH THE BUREAU FOR INVESTIGATIVE REPORTING.

>> Woodruff: FINALLY TONIGHT, JUSTICE AND A JUSTICE BROUGHT TO LIFE ONSTAGE, EVEN AS THE NATION PREPARES FOR THE LATEST REAL- LIFE SUPREME COURT DRAMA. JEFFREY BROWN HAS OUR STORY.

>> MAY IT PLEASE THE COURT? AS I UNDERSTAND THE POSITION OF THE DISTINGUISHED DEFENSE COUNSEL....

>> Brown: IN 1954 THURGOOD MARSHALL ORGANIZED ARGUED ONE OF THE MOST IMPORTANT CASES IN AMERICAN HISTORY, BROWN VERSUS BOARD OF EDUCATION WHICH WOULD PAVE THE WAY FOR INTEGRATION NATIONWIDE. THE MOMENT IS CAPTURED IN THE PLAY THURGOOD NOW AT WASHINGTON'S KENNEDY CENTER FOR THE PERFORMING ARTS.

>> ONLY ONE THING CAN JUSTIFY CONTINUED SEGREGATION. AND THAT IS A DETERMINATION THAT THE PEOPLE WHO WERE ONCE HELD IN SLAVERY BE KEPT AS NEAR TO THAT CONDITION AS IS POSSIBLE. AND NOW IS THE TIME FOR THE COURT TO MAKE IT CLEAR THAT THAT IS NOT WHAT THE CONSTITUTION OF THE UNITED STATES STANDS FOR.

>> Brown: THURGOOD MARSHALL WOULD GO ON TO BECOME THE NATION'S FIRST BLACK SUPREME COURT JUSTICE.

>> MY PROFESSIONAL LIFE HAS BEEN MARKED BY GREAT GOOD FORTUNE.

>> Reporter: AND NOW ONE OF HIS FORMER CLERKS SOLICITOR GENERAL ELENA KAGAN IS PRESIDENT OBAMA'S NOMINEE TO FOLLOW IN HIS FOOTSTEPS.

>> THURGOOD MARSHALL WHO DID MORE TO PROMOTE JUSTICE OVER THE COURSE OF HIS LEGAL CAREER THAN DID ANY LAWYER IN HIS LIFETIME.

>> Brown: MARSHAL'S LEGACY WILL SURELY RESURFACE DURING THE UPCOMING CONFIRMATION HEARINGS. IN THE MEANTIME THEATER-GOERS CAN WATCH THE ACTOR CHANNEL THE FAMOUS JURIST ON STAGE.

>> A MAN'S LIFE'S WORK HAS AFFECTED EVERYBODY IN THIS COUNTRY. REALLY REALLY IN IMPORTANT WAYS. THERE WAS A TIME IN THIS COUNTRY IN MANY STATES NOT FAR FROM WHERE YOU AND I SIT THAT WE COULD NOT HAVE GONE INTO A RESTAURANT AND EATEN TOGETHER. AND HIS LIFE'S WORK CHANGED THAT.

>> Brown: THERE'S A LINE EARLY ON WHERE HE SAYS YOU SAY THE LAW IS A WEAPON IF YOU KNOW HOW TO USE IT.

>> YES, YES.

>> Brown: THAT GRABBED YOU?

>> IT'S A TRUE STATEMENT. I MEAN IT'S REALLY A POWERFUL , TRUE STATEMENT.

>> Brown: THURGOOD MARSHALL WAS BORN IN 1908 IN BALTIMORE, THE GREAT GRANDSON OF A SLAVE. HIS FATHER WAS A RAILROAD PORTER. HIS MOTHER A SCHOOL TEACHER. HE ATTENDED LINCOLN UNIVERSITY AND LAW SCHOOL AT HOWARD, THE HISTORICALLY BLACK INSTITUTION IN WASHINGTON D.C. AT A TIME WHEN HIS HOME STATE, UNIVERSITY OF MARYLAND, WAS STILL SEGREGATED.

>> I WROTE....

>> Brown: THURGOOD THE PLAY IS PRESENTED AS A ONE MAN 90-MINUTE TALK TO STUDENTS AT HOWARD. WITH A NOW ELDERLY MARSHAL LOOKING BACK AND RECOUNTING KEY MOMENTS IN HIS LIFE.

>> ONE DAY I'M SITTING IN THE DINING ROOM, THE BAILIFF COMES IN. JUDGE, JUDGE, FRED, I TOLD YOU NOT TO BOTHER ME WHILE I'M EATING. BUT, JUDGE, THE PRESIDENT WANTS TO TALK TO YOU. THE PRESIDENT OF WHAT? THE PRESIDENT OF THE UNITED STATES.

>> Brown: ORIGINALLY STAGED ON BROADWAY TWO YEARS AGO, THURGOOD WAS WRITTEN BY VETERAN FILM AND TV PRODUCER AND DIRECTOR GEORGE STEVENS JR..

>> IT'S THE MAN THAT MAKES THE PLAY POSSIBLE BECAUSE HE HAD A GIFT FOR NARRATIVE. AND A SENSE OF HUMOR. AND THROUGH HIS LIFE, HE WAS TELLING STORIES TO ILLUSTRATE HIS EXPERIENCES AND TO ILLUSTRATE THE CIVIL RIGHTS ISSUE. AND ALL OF THAT IS FODDER FOR TELLING HIS STORY ON THE STAGE.

>> Reporter: STEVENS WAS ABLE TO USE MANY OF MARSHAL'S OWN WORDS AND STORIES FROM HIS WRITINGS, SPEECHES AND INTERVIEWS AS WHEN MARSHAL WANTS DESCRIBED A MOMENT LYNDON JOHNSON ASKED HIM TO JOIN THE COURT.

>> HE SAID WE'VE GOTTEN ALONG PRETTY WELL ALL THESE YEARS. I SAID, YES, SIR. HE SAID, WELL, I GUESS THIS IS ABOUT TO END. ISN'T IT? I SAID YOU MEAN AND I BEING FRIENDS? HE SAID, YEP.

>> THE BLESSING OF IT IS THAT PEOPLE COME TO IT EXPECTING IT WILL BE GOOD FOR THEM BECAUSE IT'S ABOUT CIVIL RIGHTS. ENTHUSIASM THEY FIND OUT IT'S TERRIBLY FUNNY AND THAT MARSHAL WAS A WONDERFULLY ENTERTAINING MAN.

>> THOUGH THE CHIEF JUDGE OF THE FEDERAL COURT OF APPEALS HE MADE MY SWEARING-IN NEW YORK A VERY NICE VIEW. VERY NICE. ORGANIZED A GROUP PHOTOGRAPH WITH ALL THE OTHER JUDGES AND JUST BEFORE EVERYONE ARRIVED, THE PHOTOGRAPHER TOOK A TEST SHOT AND BLEW A FUSE. I WALK IN A FEW MINUTES LATER. THERE ARE PEOPLE MILLING AROUND IN THE DARK. THIS FLUSTERED SECRETARY SEES ME. "OH, THANK GOD THE ELECTRICIAN." LADY, YOU MUST BE CRAZY. YOU THINK A COLORED MAN COULD BECOME AN ELECTRICIAN IN NEW YORK CITY?

>> Brown: THIS IS A FUNNY MAN. THIS IS A NATURAL STORY TELLER.

>> OF THE HIGHEST ORDER.

>> Brown: DOES THAT HELP YOU PUT IT OUT THERE?

>> IT'S FANTASTIC. IT'S FANTASTIC. I WISH I COULD TELL STORIES AS WELL AS I KNOW HE DID.

>> Brown: AS AN ACTOR DOING A ONE-MAN PLAY LIKE THIS, YOU GO FROM BEING AN ELDERLY MAN TO YOUNG. YOU HAVE TO PUT... PRESENT WHAT IS IN ESSENCE A 90-MINUTE SPEECH. HOW DO YOU PULL THAT OFF ON STAGE?

>> WELL, THAT'S WHY I'M THE ACTOR. (LAUGHING) THAT'S WHY THEY CALL ME AN ACTOR. WE DO THAT. YOU HEAR THIS THING, YOU KNOW, THE ONE-MAN SHOW, THE ONE-PERSON SHOW, BLAH, BLAH, BLAH. I HAVE A SCENE PARTNER. MY SCENE PARTNER IS THE AUDIENCE. I GET A NEW SCENE PARTNER EVERY NIGHT. AND I HAVE TO SORT OF READ THE ROOM, YOU KNOW, AND SORT OF CHECK THE TEMPERATURE OF THE ROOM ALL THE TIME TO KNOW WHERE OR HOW TO TAKE THE AUDIENCE ON THE JOURNEY THAT I'D LIKE TO TAKE THEM ON.

>> Brown: NOBODY ELSE ON STAGE TO PLAYOFF OF.

>> BUT SOMEONE CERTAINLY TO PLAY WITH. AND TO LISTEN TO.

>> Brown: LAWRENCE FISHBURN BEST KNOWN FOR HIS FILM AND TV WORK INCLUDING THE MATRIX AND CSI BEGAN HIS ACTING LIFE ON STAGE AND HAS HAD A SPECIAL AND ONGOING COMMITMENT TO THE WORK OF AUGUST WILSON AND HIS EXPLORATION OF AFRICAN-AMERICAN LIFE. THURGOOD, HE SAYS, FITS RIGHT IN.

>> THURGOOD MARSHALL WHO WAS THE GREAT GRANDSON OF A SLAVE, YEAH, IT FITS. THERE'S CONTINUE NEWT THERE I THINK.

>> Brown: I ASSUME AT THIS STAGE OF YOUR CAREER YOU DON'T HAVE TO BE WORKING AS HARD NIGHTLY AS YOU DO IN A PLAY LIKE THIS.

>> I LOVE WHAT I DO. MY WORK IS MY SERVICE. I COULDN'T IMAGINE NOT DOING IT.

>> Brown: THURGOOD MARSHALL RETIRED FROM THE BENCH IN 1991 AND DIED TWO YEARS LATER AT AGE 84. NOW, OF COURSE, THERE'S NEW RESONANCE TO HIS STORY. LET THE MAN HIMSELF SET IT UP.

>> FOR THE PAST FOUR OR FIVE YEARS ONE OF THE QUESTIONS ... KNOW, ONE OF THE QUESTIONS I ASK RESPECTIVE LAW CLERKS WHY HOW DO YOU LIKE DISSENTING OPINIONS. IF THEY SAID NO THEY DIDN'T GET A JOB.

>> Brown: ONE PERSON WHO DID GET THE JOB WAS THE NEW NOMINEE, ELENA KAGAN. LAWRENCE FISHBURN DECLINED TO OFFER HER ANY ADVICE. HE'S THE ACTOR, REMEMBER. IF SHE'S SO INCLINED SHE CAN NOW WATCH HER FORMER BOSS IN ACTION.

>> COLOR MAKES NO DIFFERENCE IN SO FAR AS THIS COURT IS CONCERNED.

>> Brown: AND SEE HIM COME TO LIFE ON STAGE.

>> Woodruff: IN FACT, SUPREME COURT NOMINEE KAGAN WAS IN THE AUDIENCE AT THE KENNEDY CENTER LAST WEEK. PERFORMANCES OF "THURGOOD" CONTINUE THROUGH SUNDAY.

>> Woodruff: AGAIN, THE MAJOR DEVELOPMENTS OF THE DAY. PRESIDENT OBAMA BEGAN A TWO-DAY TRIP TO GULF COAST STATES, AND PLANNED A PRIMETIME SPEECH TOMORROW NIGHT ON THE OIL SPILL. WHITE HOUSE AIDES SAID B.P. NOW SEEMS WILLING TO SET UP A HUGE ESCROW FUND TO PAY FOR DAMAGES FROM THE DISASTER. AND OFFICIALS IN THE CENTRAL ASIAN NATION OF KYRGYZSTAN REPORTED AT LEAST 138 PEOPLE DEAD AND 1,800 HURT IN ETHNIC VIOLENCE SINCE LAST WEEK. THE NEWSHOUR IS ALWAYS ONLINE. HARI SREENIVASAN, IN OUR NEWSROOM, PREVIEWS WHAT'S THERE. HARI?

>> Sreenivasan: ANOTHER SOCCER STORY: THIS ONE IS ABOUT NORTH KOREA AS IT READIES FOR ITS FIRST WORLD CUP MATCH IN 44 YEARS. "ART BEAT" TALKS TO A BRITISH FILMMAKER WHO WAS GRANTED RARE ACCESS TO MAKE A MOVIE ABOUT NORTH KOREA'S SUCCESSFUL 1966 TEAM. FIND MORE OF JEFF'S INTERVIEW WITH ACTOR LAURENCE FISHBURNE OF "THURGOOD." AND ON THE OIL SPILL, SPECIAL COVERAGE OF THE PRESIDENT'S OVAL OFFICE ADDRESS TOMORROW, ON AIR AND ONLINE. WE'LL STREAM THE PRESIDENT'S REMARKS LIVE AND ASK EXPERTS TO REACT. ALL THAT AND MORE IS ON OUR WEB SITE, newshour.pbs.org. JUDY?

>> Woodruff: AND THAT'S THE NEWSHOUR FOR TONIGHT. I'M JUDY WOODRUFF.

>> Suarez: AND I'M RAY SUAREZ. WE'LL SEE YOU ONLINE, AND AGAIN HERE TOMORROW EVENING. THANK YOU, AND GOOD NIGHT. MAJOR FUNDING FOR THE PBS NEWSHOUR HAS BEEN PROVIDED BY: AND WITH THE ONGOING SUPPORT OF THESE INSTITUTIONS AND FOUNDATIONS. AND... THIS PROGRAM WAS MADE POSSIBLE BY THE CORPORATION FOR PUBLIC BROADCASTING. AND BY CONTRIBUTIONS TO YOUR PBS STATION FROM VIEWERS LIKE YOU. THANK YOU. Captioning sponsored by MacNEIL/LEHRER PRODUCTIONS Captioned by Media Access Group at WGBH access.wgbh.org