The NewsHour With Jim Lehrer : WETA : November 13, 2009 7:00pm-8:00pm EST; The NewsHour With Jim Lehrer

Ctioning sponsored by MacNEIL/LEHRER PRODUCTNS

>> Lehr: GOOD EVENING. M JIM LEHRER. ON THE NEWSHOUR THIS FRIY, THE LEAD STORY-- THE DISION TO TRY 9/11 DETAINEES IN FEDAL COURT IN NEW YORK CITY. WE HAVE NEWSMAKER INTERVIEW WITH ATTORNEY GENERAL HOLDE

>> THE STAKES ARO ENORMOUS. WE' TALKING ABOUT WHAT LITERALLY IS THE CRI OF E CENTURY.

>> Lehrer: THEN, AFTER THOTHER NEWS OF THE DAY: JEFFREY BROWN RORTS ON PRESIDE OBAMA'S JAPAN VISIT; PAUSOAN TALKS WITH SHEILA BAIR, THE NION'S CHIEF BANKING REGULATOR; AND MARK SHIEL AND DAVID BROOKS ANALE THE WEEK'S NEWS. MAJOR FUNDINFOR THE NEWSHOUR WITH JIM LEHRER IS PROVIDEDY:

>> THIS IS THE ENGINE THAT CONNECTS ABUANT GRAIN FROM THE AMERICANEARTLAND TO HARAN'S BEST SELLI WHOLE WHEAT, WHILE KEEPING 60 BILLN POUNDS OF CARBON OUT OF THE ATSPHERE EVERY AR. BNSF, THE GINE THAT CONNECTS US.

>> 150 YEARS OF NANCIAL STRENGTH A THE EXPERIENCE OF AN ESTLISHED INVESTMENT FIRM HAVCOME TOGETHER. WACHOVIA SECURITI IS NOW WELLS FARGO ADVISORS. TH FINANCIAL ADVISORS NEARBY AND NATIONWIDE. WITH THE ADVICE AND PLNING EXPTISE TO HELP YOU ADDRESS TODAY'S UNIQUE CHALLGES, WE'RE WITH YU. WACHOVIA SECURITS IS NOW WELLS FAO ADVISORS. GETHER, WE'LL GO FAR. THIS IS THE WER OF HUMAN ENERY. AN BY TOYOTA. A BY THE ALFRED P. SLOAN FOUNDATION. SUPPORTING SCIENCE, TECHLOGY, AND IMPROVED ECONOMIC PERFORMCE AND FINANCIAL ITERACY IN THE 21ST CENTURY. AND WITH THE ONGOING SUPPT OF THSE INSTITUTIONS AND FOUNDATIS. AND... THIS PROGRAM S MADE POSSIBLE BTHE CORPORATION FOR PUBLIC BROAASTING. AND BY CONTRIBUTIONS TO YO PBS STATION FROM VIEWS LIKE YOU. THA YOU.

>> Lehrer: E SELF-PROCLAIMED MASTERMIND OFHE 9/11 ATTACKS WILL FACE TRIAL IN DERAL COURT IN NEW YORK CY. THE ANNOUNCEMENT CAME FM THE JUSTE DEPARTMENT TODAY. FOUR OTHER DETAEES AT GUANTANAMO BAY, CA, WILL ALSO BETRIED IN NEW YORK, AND FIVE MORE WILL CE MILITARY TRINALS. RAY SUAREZ HAS OUR LEADTORY REPORT.

>> porter: KHALID SHEIKH MOHAMMED TOPPED THE LISTODAY. HE HAS CLAIMED DIRECT EDIT FOR ORGANIZING THE AIINER ATTACKS OFSEPTEMBER 11. WASHINGTON, ATTORNEY GENERA ERIC HOLDER SAIMOHAMMED AND FOUR CO-CONSPIRATORS LL BE TRIED JUST BLKS FROM WHERE THE TWIN TOWERS FELL. >>THE JUSTICE DEPARTMENT HAS A LONG AND A SUCCESSFUL STORY OF PROSECUTING TERRORISTS FOR EIR CRIMES AGAINST OUR TION, PARTICULARLY IN NEW YORK. ALTHOUGH THESE CAS CAN OFTEN BE COMPLEX AND CHALLGING, FEDERAL PRECUTORS HAVE SUCCEFULLY MET THESE CHALLENGES AND HAVE NVICTED A NUMBER OF TERRORISTSHO ARE NOW SERVING NGTHY SENTENCES IN OUR PRISONS.

>> Reporter: IN ADDITION TO KHALID SHEIKH MOHMED, THE FOUR OTHERS TO BE TED IN NEW YORK AR WALEED BIN ATTASH: HE ALLEGEDLY N A TRAINING CAMP IN AFGHISTAN WHERE TWO OF THE 9/11 HIJACKERS TRAINED. HE WAS ARRESTEDN YEMEN IN 2001 EFORE THE ATTACKS. RAMZBINALSHIBH: U.S. OFFICIALS SAY HE FOUND FLIGHT SCHOOLS FOTHE HIJACKERS AND HELPED TH ENTER THE U.S., T HE FAILED TO GET A VISA HIMSELF. MUSTAFA AHMAD AL-HAWSAW HE'S ACCUSED OPROVIDING MONEY, CLOTHINGAND CREDIT CARDS FOR THE HIJACKERS. AND ALI ABD AL-AZIZ ALI: IT'S ALLEGED HE HPED THE HIJACKS REACH THE UNITED STATES, TH SENT THEM $120 THOUSAND DOLLARS FORXPENSES AND FLIGHT TRAINING. THEUSPECTS HAVE BEEN HELD FOR AS LONGAS 5 YEARS-- AT SECRET TES AND AT GUANTANAMO-- AND HAVE BEEN SUBJECTETO HARSH INTERROTIONS. KHALID EIKH MOHAMMED WA REPORTEDLY WATER-BOARDE183 TIMES IN 2003 BEFORTHE PRACTICE WAS BANNED. BUT AT TOD'S NEWS CONFERENCE, ATTOEY GENERAL HOLDER SAID HE WAS SURE OF CONVICTIS.

>> THE REALITY IS-- AND I WT TO BE AS SURING AS I CAN-- THAT, BASED ON A OF MY EXPERIEN AND BASED ON ALL OF HE RECOMMENDATIONS AND THE GRE WORK AND THE RESEARCH THAT HAS BEEN DONE, TT I AM QUITE CONFIDENT THAT THE OUTMES IN THESE SES WILL BE SUCCESSFUL ONES.

>> Reporter: AND I JAPAN, PRESIDT OBAMA SAID HE BELIEVES THE U.S. FEDERAL COUS ARE UP TO THJOB.

>> I AM ABSOLUTELCONVINCED THAT KHALID SHEIK MOHAMMADILL BE SUBJECT TO THE MOST ECTING EMANDS OF JUSTICE. THE AMERICAN PEOPLWILL INSIST ON AND MY ADMINISTRATIONILL INSIST ON I

>> Reporr: THE IDEA OF BRGING THE DETAINEES TO THE U.S. HAS READY RUN INTO RESTANCE.

>> THIS IS ONE OF E MOST DISGRACEF DECISIONS ANY PRSIDENT HAS EVER MADE, TO B GIING CONSTITUTIONAL RIGHTS TO INTEATIONAL TERRORISTS, TO BE BRINGING THEM TO LOWER MAATTAN WITHIN WALKING DIANCE OF GROUND ZERO A THE FEDERAL COURTHOUSE, POLI HQ, BROOKLYN BRIE, CITY HALL. PUTTING ALL TS EXTRA BURDEN D MAKING NEW YORK MORE OF A TERRORIST TGET THAN IT WAS FORE.

>> Rorter: ANOTHER GROUP OF GUANTANA DETAINEES WILL NOT GO TO FEDERAL COURT. INSTEAD, THEY WILL BE TED FOR THEIR ALLED CRIMES BEFORE LITARY COMMISSIONS. THAT GROUP INCLUDES A AL-RAHIM -NASHIRI, IMPLICATED IN THE 2000SS "COLE" BOMBING IN YEMEN; OMARHADR, CAPTURED WHEN HE WAS 15 YEARSLD, IN AFGHANISTAN, AFTER ALLEGEDLY KILLINGN AMERICAN SOLDIER; AHMED MOHAMMED AL DAR, ACCUSED OF PLOTTING TBLOW UP A SHIP OFF THE COAST OF YEMN; IBRAHIM AHMED MAOUD AL QOSI, ALLEGEDLY AL-QAEDA'S COUNTANT DURING THE 1990 AND NOOR UTHMAN MUHAMMED CHARGED TH BEING A WEAPONS INSPECTOR AND COMNDER AT AN AL QDA TRAINING CAMP. NONE ARE IMPCATED IN THE EVENTS OF 9/11. TOY'S ANNOUNCEMENT IS A STEP TOWARD MTING THE PRESIDENT'S PLEDGE TO OSE GUANTANAMO BY JANUARY. BUT ATRNEY GENERAL HOLDER SAID TODAY HE DOES NOT THINTHE DEADLINE C BE MET. AND WHITEOUSE COUNSEL GREG CRAIG-- THE MAN IN CHAR OF THE EFFORT-- ANNOUNCED HIS RESIGNATION TODAY,FFECTIVE EARLY NE YEAR.

>> hrer: I TALKED WITH THE ATTORNEY NERAL THIS AFTERNOON AT THE JUSTICE DEPARTMENT MR. ATTORNEY GENERAL, WELCE.

>> THANKS FOR VING ME.

>> Lehr: YOU SAID THIS MORNING THAT DECIDING TO PROSECUTE THE FIVE 91 DETAINE IN CIVILIAN FERAL COURT WAS A VERY TOUGH DISION FOR YOU TO MAKE. HY SO?

>> THE STAKES AREBF SO ENORMOUS WE'RE TALKIN ABOUT WHAT LITERALLY IS THE CRI OFTHE SCENE WHICH YOU ARERY. WHERE SHOD THIS CASE PROPERLY BE USED? HO DO I'LL DO WITH THEONCERNS OF THE VICTIMS? AMLACING IT IN A JUST CTION WHERE WE CAN HANDL THE SURITY? THERE ARE WHOLE SERIES OF QUESTNS THAT I HAD TO ASK AND ANSW BEFORE I WAS ABLE TO SA THAT THIS WAS THE RIGHT DECISION TO MAKE.

>> Lehre WHO DID YOU CONSULT ON MAKING TH DECISION?

>> I TALKEDTO THE PROSECORS IN THE JUSTICE DEPARTMENT. PROSECUTORFROM THE DEPARTMENT OF DEFENSE. PEOPLE ON THE STAFF HERE ATHE JUICE DEPARTMENT. PEOPLE ATEFENSE. WHOLE VARIETY OF PEOPLE WHO SHARED IDEAS, THOUGHTS, GAVE CAUTIONARY IDEAS AS WELL. D USING ALL OFHAT CAME U WITH THE DESION THAT WE ANNOUNCED EARLR TODAY

>> Lrer: DID YOU RUNT BY PRESIDENT OBAMA?

>> JUST INFOED HIM OF THE DECISIO HE'S A PERN POSSIBLES TH A PRESIDENT'S SUPPOSED HAVE HANDS OFF WITH HIS JUSTICE DEPARTMENT. HE'S A GOOD LAWYER, AND TRE ARE TIMES WHEN I'DIKE TO INVOLVE HIM AITTLE MORE, BUT HIS VIEW IS THAT THOSE THINGS THATRE IN THE PRONCE OF THE ATTORNEY GNERAL, ALL HE NEEDS TO BE IS INFORMED.

>> Lehrer: SOOU JUST TOLD HIM WHAT YOUR DECISION WAS. YOU DI'T SAY "WHAT DO YOU THINK ABOUTT, MR. PRESINT?"

>> NOPE. TOLD HI LAST NIGHT. HAD RELAYED TOIM LAST NIG WHEN HE WAS ON AIR FORCE ONEN HIS WAY TO ASIA.

>> Lehrer: DID YOU TALK TO ANYBODYUTSIDE THE GOVERNMENT?

>> I TALKEDO MY WIFE ABOU WHAT SHEHOUGHT AND ACTUALLY TALKETO MY BROTHER WHO'S A RETIRED PORT AUTHORITY POLICE OFFICER. Lehrer: OH, IS THAT RIGHT?

>> HE SEED IN NEW YORK, NEW JERSEY, AND HE LOST IENDS AND COLLEAGUES ON 9/11 THE TOWERS AND I LKED TO THEM ABOUT WHAT... WAS ITPPROPRIATE TO BRIN IT IN NEW YORK, THE SYMBOLIC SIGNIFICCE OF IT, THE PSIBILITY OF GETTING A GOOD AND FAI DETACHED JURY. SO THOSE ARE AT LEAST TWOPEOPLE I SPOKE TOUTSIDE THE NMAL REALM

>> Couric: ANYOU BELIEVE THESE FIVE MEN CAN GET A FAIR RIAL IN NEW YRK?

>> YEAH, I THK SO. I DON'T THI IT'S GOING TO BE AN EASY THINK. I THINK IT WILL AN EXTENDED VOIR DIRE BY A RY SKLED JUDGE ASKING A LOT OF QUESTIONS,AYBE HAVING TO DO IT ON AN INDIVIDUAL BIS. BUI THINK IF YOUR DO ALL OF THOSE THINGSWE CAN COME UP WITH A FAIR JUR

>> Lehr: AT YOUR NEWS CONFERENCE, YOU LEFT LILE DOUBT THAT, IN YOUR MIND, AT LEST, BASED ON YR STUDY OF THE SITUATION, YOU BELIEVEHESE MEARE GUILTY, CORRECT?

>> WELL, I CERTAINLY THIN THAT THE EVIDENCEHAT WE HAVE UNVERED, A LOT OF WHICHHAS NOT BEEN MADE PUBLICR PEOPLE ARE N AWARE OF WILL ALLOW US TO BE SUCCE INFORMAL THE PROSECUTI OF THESEASES.

>> Lehrer:NOW, KHALID SHEIKH MOHAMMED HAS CONFESSED, CORRECT?

>> HE HAS IICATED IN A NUMBER OF COEXTS THAT HE WAS INVOLVED > Lehrer: HAVE THE OTHER FUR AL CONFESSED? THAT'S ONE OF THE TNGS WE'LL BE INTRODING AT TRIAL, VARIETY OF STATENTS AND EVIDENCE THAT WE THINK WI BE PRETTY CONCSIVE.

>> hrer: IS THERE ANYTHING THAT HAS LED YOU TO BELIEVE THAT THEIR COESSIONS IF, IN FACT, THEY ARE CONFESSIONS, WILL BE ACCEPTED UPND DOWN T LEGAL CHAIN FRODISTRICT COURT ALL THE WAY TO TE SUPREME COURT IF IT GOES TAT FAR?

>> WELL, THAT W ONE OF THE THINGS THAT I HADO CNSIDER, AT WAS THE SOURCE OF THI INFORMATION THAT COMESROM EM? HOW WAS IT ELICITED? H WILL IT STAND JUDIAL SCRUTINY AND TAKING THAT IO ACCOUNT AND TAKG THE OTHER SOCES OF INFORMATION THAT WE HAVE AND THAT,S I SAID HAS NOT NECESSALY BEEN REVEALED T THE PUBLI I'M CONFIDENT THAT WE WL HAVE SUFFICIENT EVIDENC TO SUCCESSFULLY PROCUTE THESE CASES.

>> Lehrer:ELL MOHAMMED WAS WATERBODED, WAS HE NOT?

>> HE WAS.

>> Lehrer: AND DID HE COESS AS AESULT OF THAT? AND IS THATOING TO BE PART THE EVIDENCE AGAINST HM?

>> IHINK THAT WE'LLAVE TO SEE AT TRIAL. I DON'T KNOW WHAT MOTION IS DEFENSE WILL MAKE. I DON'T WANT TO SPECULA ABOUT THA BUT WE ARE PREPARED TO HANDLE THOSE KINDS OF MOTIONS AND RELY ON EVIDENC THAT ISNOT IN ANY WAY TAINTED.

>> Lehrer: NOW MOHAMMED IS-- AND YOU'VE SAID IT AGAIN THIS RNING AND IT'S ALLART OF THE BLIC RECORD-- WAS THE BRAINS BEHIND THE 9/11 ATTACKS. WHAT ABOUTHE OTHER FOUR? WHAT IN GENERAL DID TH DO TO PARTICATE IN THE 9/1 ATTACKS?

>> THEY PLAYED A VARIETY OF ROL ALL DESIGNED TOFFECTUATE THE PLOT. KHALID SHEIKH MOHAMD WAS CLEARLY THEERSON I GUESS WE ALL THE MASTERMIN BUT THE OTHER ONES ALL PLAYED KEY LES OR ARE EQUALLY CULPAB AND WE THIN ULTIMATELY WORTHYF THE ULTIMATE PENALTY, T DEATH PENALTYAS I INDICATED IN THE NEWS CONFERENCE.

>> Lehrer: AND YOU BELIE ALSO THAT THEYHOULD BE TRIED TOGETHER, RIGHT? NOT INDIDUALLY? I THINK THAT WE WHAT WEAVE HERE IS A COPIRACY AMONG THES IVE MEN TO BRING DOWN T TOWERS, TO HIJACK THO AIRPLANESND TO DO ALL THE THINGS THAT HAENED ON SEPTEMBER 11. THEY WORKED AS TEAM.

>> Leer: NOW, GO BACK TO YOUR THOHT PROSSES. BAK TO YOUR DECISION MAKG. DID YOU CONSIDER THE PSIBILITY... YOU SAYTHEY'RE GOING TO HAVE A FAI TRIAL. A FAIR TRIAL MEANS TH THERE' GONG TO BE A DENSE. A IR TRIAL MEANS, OF URSE, THAT PEOPLE CAN CHALLEN THINGS ON TECHNICAL A LEGAL OUNDS, EVERY PIECE OF EVIDENCE INCLUDING, AS I JUS MENTIED, TH CONFESSIONS, WHATEVER THEY MAY BE, WATEVER STAMENTS HAVE BEEN MADE. YOU MUST HAVE CONSIDERED THE POSSILITY, AT LEAST, THATNE OR LL FOUR OR FIVE OF THESE PEOE COULD BEUDGED INNOCENT. DID YOU?

>> WELL,YOU KNOW, YOU LK AT THESE CASES AND THAT'S ONE OF THE THINGS THAYOU HAVE TO CIDE. IS IT LILY THAT ONE OF THESE PEOPE, ALL OF THE PEOPLE ARE LTATELY GOING TO BE FOUND NOT GUILTY? ERE ARE CERTAIN STANDARDS TT YOU HAVE TOREACHN ANY JTICE DARTMENT-BROUGHT CASE. AND THE STANDARDS, THE LEVEL AT WHI THAT BAR IS SET I THOUGHT S MET HERE, I THOUGHT IT WAS EXCEEDED HERE ND I THINK THAT WE ARE GOING TO BE AB TO SUCCESULLY PROSECUTE ALL FIVE OF THEM.

>> Lehrer: BUT DID YOU CONSIDER THE POSSIBILITY--S REMOTE AS YOU THINK I IS-- THAT THEY COULD BE, IN FACT,URNED LOOSE? FOUND NOT GUILTY? AND THEN WT HAPNS?

>> RE, THAT WAS A PA OF THE PROCESS I WENT TOUGH, LOOKING THE EVIDENCE, TRYINGTO SEE WHAT WOULD BE THE REJOINEDDERS, THE EVIDENCEWE WOULD INTRODUCE? IS THERE A POSSIBILITY THE MIGHT BE FOUND NOT GLTY? HODO WE HANDLETHE DEFENSES THAT ULD BE BROUGHT UP? AT THE END OF THATPROCESS, AT THE END OF MY ANALYSIS, WITH THE GUT I HAVE THAT AS A CAREER PROSECUTOR, MYETERMINATION WAS THAT WE' BE SUCCEFUL.

>> Leer: BUT THERE'S ALSO BEYOND THE PROSECUTI. THERS ALSO AN AEAL PROCESS THAT ES TO... YOU KNOW, COULD GO ALL THE WAY TO T UNITED STATES SUPREME CORT. THERE COULD BE LEGAL TECHNILITIES. DID YOUXPLORE THAOO?

>> ABSOLELY. I'VE HAD THE SOCITOR GENEL'S OFCE IN ON ATLEAST A UPLE OF ISSUES. E'VE TALKED TO THE APPELLATE PPLE IN BOTH THE EASTERN DISTRICT OF VIRGINIA ANTHE SOUTHN DISTRICT OF NEW YORK TO EXAMINE... LET'S ASSUME THT HESE PEOPLE ARE CONVICTED. LET'S IMANE HOW THE TRIAL WILL PROCE, WHAT ARE THE KINDS OF AELLATE ISSUES THAT WE'RE GOING HAVE TO DEAL WITH AND HOW DO WEANDLE THOSEN THE TRIAL STING SO WEINIMIZE THE POSSIBILITY THATN APPELLATE CRT WOULD OVERTURN SUCCESSF PROSECUTION.

>> Lehrer: DID U CONSIDER THE IDEA THATEOPLE MIT SUGGESTHAT THIS IS, IN FACT, GOING TO BE A SWRIAL? INTHER WORDS THAT YOU'VE ALREADKNOWN THESE GUYS ARE GUILTYND YOU ARE BANKNG ON THE CERTAINTY THATHEY'RE GOI TO B NOT ONLY FOUND GUILTYUT PROBABLY GIVEN THE DEATH PENALTY ND THIS IS JUST KINDF A TNG TO SHOW THE AMERICAN PEOE AND THE REST OF THE WORLD THIS IS HOW WEDO IT? >>O, IT'S NOT A SHOW TRL AT ALL I MEAN,E... THIS IS A CASE THAT WI BE TREATED AS ANY OTHER CRIMIN CASE SOME ARE STRONGER THAN OTHERS. WE PRESENT OUR EVIDENCE THEY WILLAVE A CHANCE TO CHALLENGE THAT EDENCE. JURY OF12 DETACHEDEOPLE WILL ULTIMATELY MAKE THE DETERMINATION ABOUT GLT OR INNOCENCE D THEN A PENALTY ASE AS WE. THERE'S NOTHI SHOW ABOUTHIS. TH IS SOMETHING THAT IS CONSISTENT WITHTHE WAY ALL IALS ARE HANDLED WITHIN THE UNITED STATES JUDICIAL SYSTEM.

>> Lehrer: BUT MR. ATTORNEY GENAL, IS IT POSSIBLE TO FIND A AMERICAN WHO WOU BE CONSIDERED DETACHED FM WHAT HAPPENED ON 9/11?

>> I THINK WE CAN. IT'S NOT A QUESTI OF NOT HAVG KNOWLEDGE OF THE 9/11 FACTS OR WHAT HAPPENED ON TAT DAY, BUT HANG AN ABITY TO DETACH FROM YOUR MIND WHAT HAPPENED ON THAT DAY AS YOU ASSESS THEVIDENCE, AS YOU ASSESS T LAW THAT'S GIVENO YOU BTHE JUDGE AND RENDERNG A VERDICT ONLY ONHE BASIS OF WT IS PRESENTED TOOU IN THAT COURTROOM. AND I THINK YOU CANO THAT. THE HAVE BEEN OTHER HIGH-PROFILE CASES THAT HAV BEETRIED IN A VARIETY OF LOCATIONSHERE I THINK DEFDANTS HAVE BEEN GIVEN FA TRIALS AND I THINK THAT CAN HPEN HERE. I THINK IT WILL HAPN RE.

>> hrer: NOW, NEW YORK. YOUR DESTOEUGS TRY THESE FIVE MEN IN NEW YK. YOU SAID YOU TALKED TO YOUR BROTHER WH OF COURSE, LIVESIN NEW YORK, IS A LAWENFORCEMENT OFFICER HIMSE. D YOU CONSIDER THE POSSIBILITY OF THAT EVERY AL QAEDA PEON IN THE WORLD-- FREELANCER AS WELL AS ANY OTHER KIND-- GOING TO TARGET NEW YO AND THE COURTHOUSE OR THESE PEOPLE... WHERE THESE PEOP ARE GOING TO BE TRIED? PARTICULARLIF THE DEATH PENALTY IS ON THE TABLE. NOBODY HAS ANYTHINGO LOSE. ARE YOU... CLEARLYONSIDERED THAT, DID YOU NOT?

>> WE CERTAINLY H TOAKE INTO CONSIDERATION T SECURITY CONCER THAT YOU'RE TALKNG ABOUT. AND ONE OF THE THINGS THAT'S ATTRACTIVE ABOUT NEYORK IS TT THEY HAVE A REALLY HARDENED SITE DOWN THERE, BOTH INERMS WHERE THE DEFENDANTS WOULD BE HOUSING DURING THE TRIAL, A VERY HARDENED COURTHOE ITSELF. A MEANS BY WHICH THEY CAN BE TRANSPORTD FROM THE JIL T THE COURTHOUSE THROUGH TUNN TUNNELS THAT THEY NEVERAVE TO SEE THE LIGHT OF DAY. NEW YORK HAS ALSO DNE A NUMBER OF THESE TRIAL IN THE PAST, HAS A TRACK RORD FOR DOINGHESE HIGH-PROFILE TEORIST TRIALS AND I FEEL CONFIDT THAT WE HAVE UNDER CONTROL THE SECITY CONSIDERATION I ACTUALLY ASKED THE MARSHAL SERVICE TO LOOK AT A NUMBER OF SITES AND TELL ME WHICH ONE DO YOU THINK IS GOING TOBE BEST WHICH ONE'S GOING TOE THE SAFE TOAST BNG THESE CAS AND THEY SD NEW YORK WAS THE PLACETO DO IT.

>> Lehrer: BUTEYOND THAT, DID YOU ALSO EXPLORE WITH OTHER AGENCIES IN GOVERNNT-- LIKE THE CENTRAL INTELLIGENCE AGENCY AND OTHER INTELLINCE SOCES-- ABOUT THE POSSIBILITY OF AL QAEDA FOLKS TARGETING US AND DO EY HAVEHE CAPABILITYF DOING CERTAIN THIN AND REACNG TO... BECAUSE THAT TRIAL IGOING TO LAST FOR WEEK MAYBE MONTHS. DID YOU DL WITH THAT ASWELL IN YOUR THOUGHT PROCESSES,N YOUR CISION MAKING?

>> WELL, EVERY MORNING AT 8:30, I GET A BRIEFING ON WHAT THE PAST 24 HOUR THREAT STREAM LOOKS LIKE. AND SO WHAVE A GOOD SENSE OF WHERE PEOPLE AREIN THE WORLD, WHA IT IS THEY ARE PLANNING. I MEAN, WE'VE SN RECENLY THE ZAZI CASE WHERWE HAVE UNCOVERED PLOTSAND I'M CONFIDENT THA OUR INTELLINCE CABILITY IS UP TO DETECTING THOSE KINDS OF PLS. AND OULD THEY... ANYBODY CIDE TO DIRECT A PLOT AT THE TRIAL DURINGTHE CONDUCT OF OR BEFORE I THINK WE'RE GOING BEN A POSITION DETECT IT AND THEN TO HANDLE IT. >>Lehrer: BUT YOU COPEDWITH THE THOUGHT OF YOUR DECISION CREATING A BIG RED BULL'EYE FOR EVERTERRORIST IN THE WORLD

>> IT'S THOUGHTTHAT I H BUT I ALSO TALKED TO THE LOCAL OFFICIALS THERE. I ALSO TALKED TO MAYOR BLOOMBERG. IALKED TO GOVERNOR PATERSO AND MAYOR BLOOMBERG SAID ESPECIALLYHIS IS THE PLACE WHERE THIS CA OUGHT TO BE BROUGHT, WE CAN HANDLE IT. I KNOW RAY KELLY, THE POLICE COMMISSIONER THERE, I WRKED WITH HIM WHEN IAS IN THE... THE DEPUTATTORNEY GENERAL IN THE CLINTON ADMINISTRATN. THEY'VE G GOOD, CAPABLE PEOPLE, A GREAT POLICE FORCE. THELL WORK WITH THEIREDERAL COUNTERPARTS TO ENSURING THAT THE PEOPLE OF NEW YORK ARE SAFE WHILTHIS IS GOING ON.

>> Lehrer: WAS IT A CLOSE CALL FOR YOU?

>> TH'S A GOOD QUESTIO IT WAS A DIFFICULT CALL. BECAUSE THERE WRE OTHER PLACES WHERE THE CASE CODHAVE BEEN HELD,IN THE EASTERN DISTRICT OF VIRGINIA, POTTIALLY IN PENNSVANIA. AND AT THEND OF THE DAY, IT WAS ONE TH... I HAD TO TAK TO A WHOLE VARIET OF THGS AND USING THE PROTOCOL THAT WE HADITH THE DEPARTNT OF DEFEN TO COME UP WITH NEW YORK ASHE APPROPRIATE VENUE. IT WAS NOT EASY, THGH.

>> hrer: WAS IT A CLOSE CA TO DIT THE CIVILIAN ROUTE RATHER THAN THE MILITARY IBUNAL ROUTE, AS YOU'RE DOING IN T OTHER CASES?

>> WELL, AGAIN,E USED THE PROTOCOL THERE TO DECE. INDIVIDUIZED DETERMINATIONS. LOOKING AT... I TRYING TOPPLY NORMAL CRIMINAL LAW, Y WANT TO LD TRIALSENERALLY IN THE ACE WHERE THE CRIME HAS OCCRED. AND THAT, F ME, WAS A BIG ACTOR, TORING TESE PELE TO CHNICAL -RALLY TO JUSTIC IN THE PLACE WHRE THEY COMMTED THESE HEINOUS ACTS. IN NEW YORK, IN LOWER MANHATTAN. I KNOW THAT COMPLICATES THE TRI A BIT TES OF PICKING A JURYBUT THAT SYMBOLISM SEEMED IMPORTANTO M I'M A NATIVE NEW NEW YORKER, SAW THOSE BUILDINGS UP. I SPENT AOT OF TE THER ND IT JUST SEEMED TO ME THAT NEW YK IS WHAT STICKS MOST PEOPLEEOPLE'S MINDS WHEN THEY THINK ABOUT THE EVENTS OF SEPTEMBER 11, ICH IS NOT TO TAKE AWAY FROWHAT HAPPENED AT THE PENTAGON OR WHAT HAPPENEDIN PENNSVANIA, BUT TO BRING THEM TO JUSTICE IN THAT PLACE I THOUGHT WAS SIGNIFICANT.

>> Lehrer: SO SYMBOLISM DID PLAY AART IN YOUR DECION.

>> RE, IT WAS AT LEAST A PART OF IT. I MEAN, I HAD TOLOOK AT THE COLD, HARD FACTS,HECOLD, HARD LAW. THERE'S AN EMOTIONAL CMPONENT TO IT. THERE'S A SYMBOLIC COMPONENT TO ITALL OF IT WAS A PART IN THE MIX TH WENT INTO TH DECISION THAT I MADE.

>> Lehrer: NOW THE DECISION, HOW DOES IT AFECT NOW... HOW MANY PEOPLE WILL STI B AT GUAANAMO? THERE WILLTILL BE OVER 200, CORRECT? I THINK THAT'S ABOUTIGHT. YBE IN THE HIGH 100sR SO WHO ARSTILL THERE. MANY OF THE HAVE ALREA GOTTEN TRANSFER DECISIONS AND WE'RE JUST WAITI TO TRY TO PLACE THEM. O WE INDUSTRIAL PEOPLE WHO ARE WAITING BE TRANSFERRED, SOME WHOWE'RE STILL THE PROCESS OF YING TO MAKEECISIONS AS TO WITH WTHER THEY WILL BE TRIED IN FEDERALOURTS OR MILITARY COMMISSIO. PROCESS IS ONGOING. WE EXPECT HAVE ITONE IN THE NEXT COUPLE WEEKS.

>> Lehrer: THE COULD B MORE TRALS LIKE THE ONES Y'RE PLANNING IN NEWORK, RIGHT? IN THE CILIAN FEDERAL DISTRT COURTS.

>> I EXPECT THAT WEILL BE ANNOUNCING ADDITIONAL TRIALS, BOTH IN THEEDERAL DISTRICT COURTAS WELL AS MILITARY COMMISSIONAND WE OUGHT TO BE DOING THAT PETTY SN. >Lehrer: IS THERE AIMELINE NOW FOR WHEN GUANTANAMO WILL ACTUALLY, IN FT, BE CLOSED?

>> JULY 22 I STILL OUR TARGET DATE, BUT IT'S GOING TO BE Lehrer: JANUARY 22.

>> SORRY, JANUARY 22 IS STILL OUR TARGET DE. 'S GOING TO BE DIFFICU GIVEN THE ABILITY... O ABILITY TO TRY MOVE THESE PEOPLE WHO HAVE ALREADY BE APPROVEDBY OUR VARIOUS REVIEW BOARDS TO BE TRANSFERRED TO OTH COUNTRIES. FINDING OTHER COTRIESO TAKE THEM IS T THING THAT THINK IS GNG TO HOLD US UP AND IT MAY EXTEND OUR TI BEYOND JANUAR 22.

>> Lehrer: EXTEND IT CONSIDERABLY? MONTHS? YEAR

>> NO, I DON'T INK SO. WE'RE GEING A PRETTY GOOD RESPONSE FR OUR ALLIES OUND THE WRLD. A GUY D FREED AT THE STATE DEPARTMT WHO MUST HA MORE MILEAGE CRETS THAN ANYBODY ON EAR WHO'S BEEN GOING REALY, LIRALLY, AROUND THE WORLD TRYING TO FIN PLACES FOR THSE PEOPLE AND WE'RE GETTING POSITIVE RESPONSES... FROME AT LEAST SOME SURPRISING PLACES.

>> Lehrer:INALLY, SPEAKING OF THA GREG CIG, WHITE HOUSE COUNCILTHAT WAS HIS MANDATE ROM PRESIDENT OBAMA WAS TOAKE CE OF THIS AND H RESIGNED TODAY ONHE SAME DAY OF THESE ANNOUNCEMES. ANY CONNECTION

>> NO. NO CONNECTI. TS WAS A TEAM EFFORT ALWAYS TO TRY TOLOSE GUANTANAMO, BRING OPLE TO JUSTICE. GREG WAS AN INSTRUMENTAL PAR OF THAT TEAM. TO THE EXTENT THAT WE MISS DEAINES, TO THE EXTNT THAT THINGS HVE NOT GONE RIGHT, IT IS NOT ONLY O HIS SHOULDERS. THESE WERE EITHER TEAM SUCSS OR IF THEY'RE PROBLEMS THEY ARE TEAMROBLEMS SOO SINGLE HIM OUT IS SOMETHING THAT IS UNFAIR. HE'S A GRE LAWYER AND HAS BE AREAT ADDITION TO THIS PRESIDENT'S TM.

>> Lrer: JUST A COINCIDENCE OF TI?

>> REALLY. THERE'S N CONNECTION WHATSOEVER.

>> Lehrer: OKAY. MR. ATTORNEY GENERAL, TNK YOU. >>WELL, THANKS FOR HAVING ME.

>> Lehrer: IN OTH NEWS TODAY, A SUICIDE BOING IN AFGHANISTAN WOUNDED AT LEAST TWDOZEN PEOPLE. HAPPENED NEAR A U.S. MILITRY BASE OUTSIDE KABU ON A ROAD USED BY INTERNATIONAL FORCE NINE NATOROOPS WERE AMONG THE WOUNDED. TO THE EAST, PAIR OF SUICIDE BOMBINGS KILLED 16EOPLE IN PAKISTAN. A TRUCK BOMBER ATTACKED T NORTHWESTERN HEADQUARTE OF THE PAKISTANI INTELLIGENCE AGCY. TEN PEOPLE DIED THERE. THE EAR MORNING BLAST SENT UP HUGE PLUME OF SMOKE AND DESTROYEMOST OF THE THREE- STORY BUILDIG. IN ADDION TO THE DEAD, 55 OTHERS WERE WOUNDED ITHE ATTACK. PRESIDT OBAMA TODAY DEFENDED THE TIMHE'S TAKING TO DECIDE ON AFGHAN WAR STRATEGY. HEOLD REPORTERS IN JAPAN HE'S TRYING TO MAKE THE BEST SSIBLE CHOICE, WHEIT COMES TO SENDING MORE U.S. TROOPS.

>> THINK THEY ARE DIRECY INVVED IN WHAT'S HAPPENIN IN AFGHANISN. THOSE WHO AREECOGNIZE THE GRAVITY OF T SITUATION A RECOGZE THE IMPORTANCE OF US GETTING THIS RIGT.

>> Lehr: THE U.S. HAS URGED NATO NATIONS TO SEND MORE OF THEIR OWN TROOPS AFGHANISTAN. TODAY, BRITISH PME MINISTER BROWN SAID HE'S TRYING TO PERSUADE AIED NATIONS TO SEND ANOTHER 5,000 SOLDIERS. SAID, "BRITAIN WILL BE PART OF THAT." MORA AMONG U.S. SOLDIERS IN AFGHANISTAN HAS FALLEN, AS FHTING INCREASES. IT'SMPROVING FOR THOSE IN IRAQ. THE U.S. ARMY REPORTETHOSE FINDINGS TODAY, BAD ON SURVEYS EARLR THIS YEAR. IT ALSFOUND A SHORTAGE OF MENTAL HEAH WORKERS FOR THOSE WHO NEED HELP. THE ACCUSEFT. HOOD SHOOTER, MAJOR NIDAL HAN, MAY BE PARALYZED FROM THEAIST DOWN. HIS LAWYER SAITODAY THAT HASAN TOLD HIM HE HANO FEELING IN HIS LEGS AND EXTREME IN IN HIS HANDS. THE AR PSYCHIATRIST WAS SHOT FOUR TIMES DURING E ATTACK LAST WEEK. HE IS RECOVERING AT A MILITY HOSPITAL IN SAN ANTONIOTEXAS. NA HAS FOUND EVIDENCE OF WATER ON THE MOON. E SPACE AGENCY REPORTED T DISVERY TODAY. L-CROSS SELLITE WAS FLOWN INTO A LUNAR CRATER LAST MONT ISSION SCIENTISTS SAID THERE S WATER IN THE DUST THROWUP BY THE IMPACT-- LOTOF WATER.

>> IN THE 20O 30 METER CRATER THATHE L-CROSS MADE, WE FOUND ABOUT MAYBE A DOZEN OF THE TWO GALLON BUCKS FULL OF WATER. SO THESE ARE INIAL RESULTS THAT A PRELIMINARY.

>> Lehr: FINDING LARGE AMOUNTS OF WATER ON THE MOOCOULD MAKE IT EASIER FOR FUTURE TRONAUTS TO WORK ERE. THE PARTS OF THE SO-CALLED LLOON BOY HAVE PLEADED GUIL N A COLORADO COURTROOM. OCTOBER, THEY REPORTED SIX-YEAR-OLD FALN HEENY WAS ON A RUNAWABALLOON THAT FLOATED 50 MILEBEFORE LANDING. INSTEAD, HEAS FOUND AT HOME, SAFAND SOUND. TODAY, THE FATHER PLEADED GLTY TO A FELONY CHARGE MISLEADING THE ERIFF. THE MOTHER PADED TO A MISDEANOR OF FALSE REPORTING. STENCING IS SET FOR LATE DECEMBER. N WALL STREET TODAY, THE DOW JONES IUSTRIAL AVERAGE GAINED 73 POINTTO CLOSE AT 10,270. THE NASDAQ ROS18 POINTS TO CLO AT 2,167. FOR THE EK, BOTH THE DOW AND THE SDAQ GAINED ABOUT 2.5%. AND STILL TOOME ON THE NEWSHO TONIGHT: E BANK REGULATOR IN CHIEF; AND IELDS AND BROOKS. THAT FOLLOWS PRESIDENT AMA IN JAPAN. JEFFREY BRO HAS OUR STORY.

>> THE UNITED ATES IS A PACIFIC NATION,ND WE WILL BE DEEPENING O ENGAGEMENT IN THIS PART OF THE WORLD.

>> Rerter: THE PRESIDENT PLEDGED THATENEWED ROLE, SHORTLY TER ARRIVING IN JAPAN, FIRST STOP ON HIS NINE-D TOUR. TOKYHAS BEEN AMERICA'S KEY ALLY IN ASIA SINCE THEND OF WLD WAR II, BUT MUST NOW COPE ITH CHINA'S CONTINUING RISE A REGIONAL AND GBAL POWER. BY NEXT YEAR, CHINA COULD ECLIPSE JAPAAS THE WORLD'S SECOND RGEST ECONOMY. AND ON THITRIP, THE PRESIDENT WILL SPEND THREE DA IN CHINA AND JUST 24 HOURS IN JAP. PRESIDENT OBA SOUGHT TO REASSE JAPAN'S NEW PRIME MINISTER, YUKIO HATOYAMA.

>> OUR ALLIANCWILL ENDURE AND OUR EFFORTS WL BE FOCUSED ON REVITALIZING THAT FRIESHIP SO THT IT'S EVEN STRONGER AND MO SUCCESSFUL IN MEETG THE CHALLENGESF THE 21ST CENTURY. IT'S ESSENTIAL FOR THE ITED STAT, IT'S ESSENTIAL FOR JAPAN, ANDT'S ESSENTIAL FOR THE ASIA PACIFIC REGION.

>> Repoer: HATOYAMA CALLED THE U.S.-JAPANESE ALLICE THE CORNERSTO OF HIS COUNTRY'S FOREIGN POLICY. BUT HE AL STRESSED IT'S AN EVOLVING RELATIONSHIP.

>> ( tralated ): AS TIME CHANGES ANAS THE INTERNATIONAL ENVIRONMENT CANGES, THERE IS A ED FOR US TO FURER DEVELOP AND DEEPETHE U.S.-JAPAN ALLIANCE TO MAKE IT EN MORE CONSTRUCTIVAND FUTURE-ORIENTED ALLIANCE.

>> Reporter: THE IME MINISTER TOOK OFFICE IN SEPTBER, AFTER A SWEEPING ELECTIOVICTORY THAT ENDED 50 YEA OF DOMINANCE BY A MORE CONSERVATIVE RULINPARTY. AND HE SIGNALED HIS IENTION TO RESHAPE TIES WITH WASNGTON. SHILA SMITH IS A SENIOR FELLOW FOR JAN AT THE COUNCIL ON FOREIGN RELATIONS IN WASHITON.

>> ATHE TOP OF THEIR LIST OF THEIR FOREIGN POCY MANIFESTO, YOU KNOW, THERINCIPLES AND GOALS OF TIR PARTY COMING INTO POWER, W TO, YOU KNOW, ACKNOWLEDGE THE CENTRALI OF THU.S.-JAPAN RELATIONSHIP, BUT TO CREATE MORE EQUAL RELATIONSHIP I THE U.S.-JAPAN RELATIONSHIP.

>> Reporter: ALREADYHATOYAMA HAS REACHED OUT TO STRENGTH TS WITH CHINA AND OTHERS IN TH REGION, AND TO ASSERT A MEASURE OF INDENDENCE FROM THE S. EAR ON, HIS GOVERNMENT ANNOUNCED IT WOULD PL OUT OF E INDIAN OCEAN MISSION TO REFUEL WARSHI THAT SUPPORT U.SFORCES IN AFGHANISTAN. INSTEA JAPAN HAS REFOCUSED ON CIVILIAN ANHUMANITARIAN EFFORTS IN AFGHANISTAN, PLEDGING $5 BILLION EARLIER TS WEEK. PRESIDENT OBAMA PRAISED AT MOVE TODAY.

>> THIS DERSCORES JAPAN'S PROMINENT ROLWITHIN A BROAD INTERTIONAL COALITION THAT IS ADVANCING THE CAUSE STABILITY AN OPPORTUNITY IN AFGHANISTAN AND PAKTAN.

>> Reporter: A FAR THOIER SUE IS OKINAWA, WHERE MOSOF THE 47,000 AMERIC TROOPS IN JAPAARE STATIONED. LONG-SMERING JAPANESE REENTMENT ERUPTED IN 1995, AFTER U.S. SERCEMEN RAPED A 12-YEAR OLD OKINAWAN GIRL

>> IT'S DEEPLY CONNTIOUS. THE OKINAWAN PELE HAVE HAD 75% OF E U.S. MILITARY PRESENCE STATIONEIN JAPAN AND, SINCE THE MID-1990S, WHEN TT ACCINT... THAT CRIME HAPPENED, HERE'S BEEN A REALLY STRONG SENSE WITHIN THE PREFECTURE TH HEY WOULD LIKE THE BURDEN TOE SHAD BY OTHERS IN JAPAN.

>> Reporr: HATOYAMA HAS SUGGESTED MOVING A HUGU.S. MARINE BASE OFFKINAWA ENTIRELY, AND HE DE CLEAR TODAY, WANTS ACTION SOON.

>> ( translated : IT WILL BE A VERY DIFFICULT ISSUE FOR SE, BUT AS TIME GOES BY, I THK IT WILL COME EVEN MORE DIFFICULT TO RESOLVE THE ISSUE.

>> Reporter: FOR S PART, PRESIDENT OBAMA SAID THE WO UNTRIES WOULD REVIEW THE ISS YET AGAIN.

>> THE UTED STATES AND JAPAN HAVE SET UP A HH-LEVEL WORKING GROUP THAT WILL FOCUS O IMPLEMTATION OF THE AGREEMENT THAT OUR TWO GOVERNMENTS RCHED WITH RESPECT TO THE RESTRUCTUNG OF U.S. FORCES IN OKINAWA, AND WE HOPE TO COLETE THIS WK EXPEDITIOUSLY. Reporter: ON OTHER SUBJECTS DEALING WITH GLOL WARMING, THE NOH KOREAN NUCLEAR THREAT, A THE GLOBAL ECONO, THERE WAS BROER AGREEMENT. THPRESIDENT HEADS NEXT TO THE ASIA-PACIFIC ECONOC SUMMIT IN SINGORE. HE'LL ATTENDEETINGS WITH THE LEADERS, INCLUDING, FOR TH FIRST TIME, MYAAR. SHEILA SMITSAYS THERE WILL BE TAILORED MESSAGES ON THIS TR, BUT ONE BIG THE.

>> IN EACH OF E PLACES HE IS GOG, HE HAS SOMETHING HE WANTS TO SAY. AND THE ADMINISTRATION HAS S AGENDA QUITE CLELY LAID OUT. THEIG PICTURE MESSAGE IS, AMERICA IS ENGAGED IN ASIAASIA IS OUR TURE. AND THAT'S THE BIG MESSAGE.

>> Reporter: BEORE LEAVING KYO, MR. OBAMA HAS THE CHAN TO FILL IN TH BIG PICTURE IN WHAT'S BILLED AS A MAJ FOREIGN POLICY ARESS.

>> Lehre NOW, THE WOMAN IN CHARGE OF REGULATI THE NATION'S BAN. R ECONOMICS CORRESPONDENT, PAUL SOLMAN, SPOKE WITHER TODAY. IT'S PA OF HIS ONGOING REPORTING ON "MAKING SENSE O FINANCIAL NEWS"

>> Reporter: AT A CENT MEETING OF THE AMERICAN BANKERS' ASSOCIATION,ROTESTORS IN THE STREETSDEMANDING THAT BANKS STOPLOCKING FINANCIAL REFORM D PUT AN END TO FORECLOSURES. (CHEERS AND APPLAUSE) DEMONSTRATORSNSIDE RECEIVED A MESSAGE OF SUPPORT FOM AN UNLIKELY SOUR--SHEILA IR, WHO'S ICHARGE OF ENSURG THE NATION'S 8,000 PLUS BANKS.

>> I DON'TNOW HOW ABODY CAN SAY THAT WE'VE NE A GOOD JOB PROTECTING CONSERS AND NANCIAL SERVICES, JUST D'T SEE IT. SO WE NEED THISEW AGENCY... (CHEERS AND APPLAUSE).

>> NO, IT'S NOT.

>> Reporter:AN UNUSUAL FORUM F A GOVERNMENT OFFICIAL T ISSUE A DISSENT,BUT THEN AGAIN, BAIR IS KNOWN FOR DEFYING CONVENTION. A LI LONG REPUBLICAN, BAIR WAS APPOINTED IN 2006 BY PREDENT GEOR W. BUSH TO HEAD THE F.D.I.C., O FEDERAL DEPIT SURANCE CORPORATION WHICH GUARANTEES BANK DEPOSITS UP TO $25000 PER PERSON, $500,00 R JOINT ACUNT. BUT IR'S VIEWS ON THE GOVERNMENT RESPONSE TO THE CRISIPUT HER AT ODDS WITH THE BUSH ADMINIRATION. S BUTTED HEADS WITH THEN-TRSURY SECRETARY PAULSON OVER THE USEOF THE TROUBD ASSET RELIEF PROGRAM-- OR TARP. INESTIMONY LAST FA, PAULSON SAID TARPFUNDS SHOULD BE USED TO HELP WALLTREET-- NOT TROUBED HOMEOWNERS.

>> I HAVE RESERVATIONS AUT SPENDIN TARP RESOURC TO DIRECTLY SSIDIZE FOREOSURE TIGATION,BECAUSE THIS IS FFERENT THAN THE ORIGINAL INVESTMENT INNT.

>> porter: BAIR SAID THE GOVERNMENT HADTO DO MORE TO KEEP PEOE IN THEIR HOMES.

>> WE NEED TO PREVENT UNNECESSARY FORECLOSURES AND WE NEED TO MODIFY LOANS AT A MUCH FASTER PCE

>> FAMILIES C GET BASIC CONSUMER LOANS...

>> Reporter: BAIR HAS ALSO CLASHED WITH THE OBAMA ADMINISTRATION. A DISAGREEMENT WIT TREASURY SECRETARY MOTHY GEITHNER ABOUT WHATO DO ABT TROUBLED BANKING TIGROUP LED GEITER-- ACCORDING TO SOME REPORTS-- TO SEEK HER REMOVAL FROM OFFICE. T "NEW YORK POST" PARODI THE DISPUTE, GEITHNER A THE GOT THATITY NEMESIS THE JOKER OUTFING F.D.I.C. BATGIRL COP SHEILA BAIR.

>> ALL I FAVOR SAY AYE. MOTION'S AGREED TO.

>> Reporter: INSTE, AS BANK FAILURES HAVE MOUNTED-- ALREADY 120 SO FAR TISEAR-- IR'S CLOUT SEEMS TO HAVE GROWN. YESTERDAY, COVER FUTURE AILURES,HE F.D.I.C. VOTED TO COLLECT HE NEXT THREE YEARS OF PREMIU FROM INSURED BANKS RHT AWAY. A TAL OF $45 BLION. ORBES" MAGAZINE RANKSES H SECOND MOST POWERL WOMAN IN THE WORLD BEHIND GERM CHANCELLOR GELA MERKEL. I SAT DOWN WI SHEIL BAIR EARLIER TOY. SHEILA BAR, WELCOME.

>> THANK Y.

>> Reporter: IT'S FRIDAY, IT' HE DAY THAT THE F.D.I.C. ANNOUNS THE BANKS IT' GOING TO CLOSE. HOW MANY BAN DO YOU EXPECT TO CLOSE TONIGHT?

>> (LAUGHS) WELL, WEEVER MAKE PREDICTIONS OR PROJECTIONS ABOUT EPECTED FAIRES. BUT THERE WI BE A FEW, I WILL S THAT.

>> Reporter: H WORRIED ARE YOU ABO FUTURE BANK FAILURES IN GENERAL AND ABOUT THE BANKING SYSTEM AT THIS PNT?

>> THINK MOST BANKS CONTINUE TO BEROFITABLE, MOST ARE WELL CAPITALIZED, MOST LL GET THROH THIS JUST FINE. WE HAVE ABOUT 8,100 BANKS IN THIS CUNTRY. WEAVE ABOUT 4 ON THE TROUBED BANK LIST. THAT NUER WILL GO UP,UT MOST OF THE BANKS TAT GO UP ON THE TROUBLED BANKIST WILL NOT FAL. WE ALSO WANT T MAKE SURE EVERYONE UNDERSTANDS TT IF OU'REN INSURED DEPOSITOR, IF YOUBANK FAILS OR NOT, YOUR EPOSITS ARE SAFE ANDIT'S NOT ANYTHI PEOPLE SHOULD BE WORRIED ABOUT. > Reporter: IS THERE A TKAEUPBGERHAT THE F.D.I.C. COULD RUN O OF FUNDS? YOU'RE REALLY L AT THE MOMENT, RIGHT? SO WH HAPPENS IF YOU DO RUN OUT OF FUNDS.

>> SO MOSTEOPLE DO NOT UNDERAND WE ARE INDUSTRY FUDED. WE ASSESSREMIUMS ON O DEPOSIT INSURANCE, S OUR RESERVES AE PROVIDED BY B ASSESSMENTS PAID BY THE INDUSTRY. THE RESERVES HAVE BEEN GOING WN, OBOUSLY. IT COSTSONEY. WHEN A BANK IS CLOSED WE HAVEO ALWAYS MAKE THE INSURED DEPOSITORS WLE AND THAT COS MONEY SO WE DRAW ON OUR INDUSY FUNDED RESERVES. WE ARE THE GOVERNMT, WE ARE BACKEBY THE FULL FAITH AND EDIT OF THE UNITED STATE GOVERNMENT. WE C BORROW IF WE HAD TO UP TO $500 BILLION PRETTY QUICKLY FROM THE EASURY DEPARTME. SO, AGAIN, IT'S NOTHING FOR PEOPLE TOWORRY ABOUT. BUTIGHT NOW WE CONTINUE TO RELY ON OUR INDUSTRY-FUNDED RESERVES.

>> Reporter: BU THEY'RE TKWEUBDG, RIGHT? THEY'RE WAYOWN.

>> WE HAD I THINK... YES, THAT'S EXACTLY RIGHT. SO WE ALSO RESERVE FOR LOSSES 12 MONTHS T. SO OUR ND BALANCE IS TECHNICALLY NEGATIVE CAUSE WE HAV RESERVED FOR WHAT WE THINK OUR LOSSES WILL BEVER THE NEXT 12 MONTHS.

>> Reporr: SO IT'S A GATIVE NUMBER. >>IN TERMS OF OUR NET WORTH. BUT OUR CASH POSION IS STRONG, ABOUT $24 BILLI. WE'LL BE COLLECTING ANOTHER $ BILLION AT THE END THE YEAR THAT WILL... PART OF A PPAID ASSESSMENT. SO WE'RE KEEPING R CASH RESERVES QUITE STRONG. RELYING ON R INDUSTRFUNDED RESOURCES NOT BORROWING FROM TRSURY. WE'RE TRYNG HARD NOT TO BORROW FROM TREASU.

>> Rerter: DO YOU THINK "TOO BIG TO FAIL" BANKSHOULD BE BRON UP AND IF S HOW?

>> I THI IF THEY GET IN TROUBLE AGAITHEY SHOULD GET BROKEN UP. I THINK THE SUGGESTIONS THAT AFTER T SUPPORT IF THE INDIDUAL INSTITUTIONS CAN CAN CAN STILL STANT ON THEIROWN TWO FEET, THEY SHOULD BEUT INTO RECEIVERSHIP PROCESS WE'RE NOTSAYING BREAK THEM UP NOW, I THINK WHAT WAS DONE LAST YEAR HAD TO BE DONE TO STABILIZE THE SYSTEM. WE WERE LOOKNG INTO THE ABYSS. BUT GOING FORWA IT SHOULD NOT HAEN AGAIN. SO IF A INDIVIDUAL INSTITUTION GETS INTO TROUB AGAIN AND A CONVENTIONAL BANKRUPTCY PROCESS WOULD POSE COLLATERAL DAMAGE TO US, THE REST OF , IT SHOULD BE PUT INTO A SPECIAL RESOLUTIO PROSS JUST AS WE DO WITH BANK NOW AND ITSHOULD BE BROKEN AND SOLD O.

>> Reporter: ICH OF THE CURRENT NANCIAL REGULATORY PROPOSALS DO YOU LIKE A WHICH DON'T YO LIKE? THERE'S THE ADMISTRATION, THAT GIVES MORE WER TO THE D, RIT? >>IGHT. Reporter: THERE'S THE NEW SENATOR DODD BILL. THAT GES LESS POR TO YOU.

>> RIGHT. I'M VERY BIG ON CHECKS AND BALANCES. WHETHER THAT'S MYOWER OR THE FED'S POWER OR ANYBO ELSE. I THINK THERE ISOO MUCH POWER CONNTRATED TPRARBGSENALLY, WITHNSTITUTIONS AND WITHIN TH REGULATORY STEM IN A WAY THAT IS NOT HELPFUL AND THINK CHECKSND BALANCES AND HAVIN A SYSTEM WHEREE CAN DO OUR JOB EFFICIENY BUT WE'RE ALL KIND OF LOOKING OVER EACH OTHER'S SHOULDERS TOO. I THINK THAT' THE BE SYSTEM BECAUSE THE REGULATORS COULD HAVE DONE A LOT OF THINGS BETTER TOO. SO WE DON'T WANTTHE CONCENTRATION OFOWER IN ONE PLACE.

>> Rorter: SENATOR DODD'S PROPOSAL, THAT'S LESS POWER FOR YOU.

>> RIGHT. WELL,T IS... IT'S LESS POWER FOR A LOT OF PEOPLE AND IT' RE CONCENTRAD POWER WITH A NEW AGECY. WE DON'THINK THAT'S A GOOD MOD, NO, WE DON'T.

>> Reporter: NOTENOUGH CHECKS AND BALANCES?

>> NOT ENOUG CHECKS A BALANCES. WELL, YES, LET'S PU THE F.D.I.C.'S INTEREST ASIDE. THOUGH I THINK THE FD.I.C.'S INTEREST COINCIDEVERY WELL WITH THE PUBLIC IEREST BUT, S, I THINK ANY CONCENTRATIONOF POWER,T'S A HUGE PIT. IF TH SINGLE MONOLITHIC AGENCY MAKES THE RIGHT DECISION THEN OFF REALLYEFFICIENT REGULATORY STEM. BUT THE THA SINGLE MONOLIIC AGNCY MAKES THE WRONG DECISIONS, IF IT BECOMES CAPTIVE OF THESE BIGNSTITUTIONST REGULAS, WE'RE IN REAL TROUBLE BECAUSE THE'S NOBODY ELSE THAT CAN RAE THE HAND AND SAY "YOU KNO WHAT? YOU'RE WRONG."

>> Reporter: IN GENAL, IN HINDSHT, IS THERE ANYTHING YOU WOD NOW HAVE DONE DIFFENTLY?

>> Y. I THINK W WOULD HAVE TRIED TO DISSUADE TRSURY FROM MAKG THSE CAPITAL INVESTMENTS. I DO, I THK... >>eporter: CAPITAL INSTMENTS?

>> THE TARP CAPITAL INVEMENTS. ORIGINALLY THAT PROGRAM WAS BE ATROUBLED ASSET RELIEF PROGRAM. >>IGHT.

>> CouricAND AS PART OF AN INTERNATIONAL CORPORATAID COORDINATED FORTINSTEAD TH MONEY WAS USED TOAKE LARGE INVTMENTMENTS INTO THESE INSTITUTIONSES IT'S HAD A TERRIE, TERRIBLE IMPACTN PUBLIC ATTITUDES TOWARD THE FINCIAL SYSTEMS, TOWARDS THE REGULATORY COMMUNITY. IT'S CREATED ALLSORTS OF ISSUES ABOUTOVERNMENT OWNERSHIPF THESE INSTITIONS, WHAT HAPPENS IF THEY GET IN TROUBLE AGAIN? WHAT KIND OF... DO W CONTAIN THE BUSES AND THE PEN SAEUGS BECAUSE TH'RE PARTLLY TAXPAYER OWN WHICH MIGHT MAKE THIN WORSE BEAUSE THEY CAN'T BRING IN NEW AND BIGGER MNAGEMENT WHICH IN SOME CAS MIGHT BE NECESSARY. SO I THIN THE CMPLICATIONS FROM TS IN T URGENCY OF E TIME, NOBODY SHOULD HAVE BE HE ACCOUNT FOR NOT THINKING ALL OF THITHROUGH, BUT IN REOSPECT THINK IT WAS NOT AOOD IDEA.

>> Reporter: LAST QUEION. HOW DOE IT FEEL T BEHE SECOND MOST PORFUL WOMAN IN E WOLD, ACCORDING TOFORBES" GAZINE. TWO YEAR RUNNING.

>> RIGH RIGHT, TWO YEARS RUNNG. ANGELA, LOOK T. SO IHINK IT'S MORE ABOUT THE AGEY THAN IT IS ABOUT ME. THE BANKING FRANCHISE ISTRONG NOW SO I THINK INSURED DEPOSI STAYED WHEN ERYTHING ELSE WAS FLYING AWAY, ENSURED DPOSITS STAYED AND I THINKHAT PROVES THE VALUE OF BEING A BANK AND E VALUE OF THE SERVICE WE PERFORM SO I TNK IT ISBOUT THE AGENCY BUT IT'S BEEN AROUND FOR OVER 75EARS AND NOBODY'S EVER LOST A PENNY OF INSURED DEPOSITS AND NEVER WILL IT' EASIER FOR ME TO HEAD A GRE AGENCY LIKE THIS AND TAKE THE DOS BUT IT'S REALLYABOUT THE INSTITUTION.

>> Reporter: WELL,HEILA BAIR, THK YOU VERYUCH.

>> Lehrer: TONIGHT THE F.D.C. ANNOUNCED BANKS IN FLORIDA, BRINGINGO 122 THE NUMBER OBANKS THAT HAVE FAID THIS YEAR. ALSO, SHEILA BR ANERED EWERS' QUESTIONS ONLINE O PAUL'S BUSINESS DE PAGE. JUST GTO newshour.pbs.org. AND NALLY TONIGHT, TO THE ANALYSIS OF SHIELDS AND OOKS. JUDY WOODRUFF DOES E DUTY TONIGHT.

>> Woodruff: THAT'S, OFOURSE, SYNDICATED CUMNIST MARK SHIELDS, A "NEW YORK TIMES" COLUMNIST DAVID BROOKS.9w SO, GENTLEMENTHE DECISION ANNOUNCED T7óz2 COURT. INHEUBED OBVIOUSLYBY THE TIONS OFNTERROGATION AND HEIDI WATNEYEROARDING THAT HAVE GONE ONIN THE PAST. I THINK THERE'S ENORMOUS SOME BOLL I CAN SIGNIFICANCE I DOING IT IN NEW YORK. I AGREE IT'S AN POPULAR DECISN. THE APPLAUSE THE PRAISE HAS BEEN MUTED TO THE POINT OF SILENCE SO FAR TODAY IN... FROM WHAT I'VE BEEN ABLE TO FIND OUT. BUT I'M NOT SURETHATHE DECISION AILABLE TO HIM GIVEN THE COURT RULINGS WAS...

>> BUT I THINK HE HADHE OPTION TO DO MILITARY TRIBUNAL AS SOME OF E OTHER DEFENDANTS ARE GOING TO HAVE, AND THAT WOULD HAVE BEEN A... THAT WOULD HA BE APPROPRIATE, I THINK. Woodruff: AND YOU' SAYING THAT THAT'SHAT HE SHOULD HAVE DONE?

>> I'M SAYING THERE OBVIOUSLY IS A CONSIDERATION OF THE TREATMENT INTEATIONALLY, I THINK THAT'S PART O THE CONSIDETION OF MR. HOLDER, HE DN'T TALK THAT WAY. HE KEPTIT STRAIGHT A NAOW WITH JIM. AND RATHER LIMITED IN HIS ANSWERS. BU YOU KNOW, I TINK THERE ARE IMPLICATIONTHAT GO OVER TO FOREIGN POLICY, TO THE UNTRY... TO OUR NATION INTHE WORLD, OUR STANDING IN THE WORLD, TOHAT HAS HAPPENED IN TERMS OF RENDIION IN THE PAST.

>> Woodru: YOU THINK JUSTICE E L... GO AHEAD.

>> WHAT ISERRORISM? THE REAL TARGETS OF A TRRORIST ATTACK ARE NOT THE PEOPLEHO E KILLED, IT'S THE MSSAGE THAT IS SENT TO THE COUNTRY,HE ACT OF INTIMIDATION, IT'S THE MESSAGEF RALLYING RADILS IN OTHER PARTS THE WORLD AND THAT'S AT TERRORISM IS, THAT'S WHY TERRORISM IS A UQUE FORM OF WARFARE. THISTRIAL WILL BCOME ANOTHER ACT OF PROPAGDA. THE FURE TRIALS WILL BECO OTHER ACTS OF PROGANDA. I INK WE HAVE TO UNDERSTAND AT TERRORISM WORKS THROUGH ROPAGANDA, NOTHROUGH SPLY KILLING AND THEREFORE O NTROLLING THE PROPAGANDA EFFECTS OF ANACT OF TERRORISM EEMS TO ME PART OF THE PROCESS WE SHOULD ADAPT. THEY SHOU HAVE THE RIGHTSTHAT THEY' AFFORDED BY THE SUPREME COURT AND BY T CONSTITUTION BUT THAT DOESN MEAN WE NEED TO PROVE THEM WITH ANOTHER PROPAGANDA OPPORTUNITY.

>> Woodruff: YOUDON'T THINK JUSTICE CAN BE DONE?

>> WELL, I THINK... I SUSPECT, I'M SU, THEY'L BE FOUND GUIL AND I'M NOT EVEN THAT CONCERNED-THOUGH I'D BE A LITTLE CONCERNED ABOUT WAT'S GOING TOAPPEN IN LOWER MANHATTAN WHILE THE TRIAL IS GOING ON. THE KEY ISSUE THE PROPAGANDA VTORY.

>> I THIN PROPAGANDA C BE DEALT WITH BY T COVERAGEOF THE TRIAL, QUITE FRANKLY. BUT I DO THNK IT'S GOING TO BE AWFULLYTOUGH TO GET JURY OF 12 SENT KWEPBT NSCIOUS HUMAN BEINGS IN NEW YK WHO ARE EN AND UNBIAS ON THIS QUESTIO IN A STNGE WAY, YOU MAYAVE GUARANTEED AANGING JURY BY CHOSING IT IN NEW YORK.

>> Woodff: QUICK QSTION. JIM ALSO ASKED THE ATTORNEY GENERAL FOR GREGRAIG TO LEAVE THE WHITE HOE, THEPRESIDENT'S COUNCIL. THE ATTORNEY GERAL SAID WITH A STRAIGHT FACEDTHE NO COECTION TO...

>> I COULDN'T MEASURE HISOSE IN PINOCIO STYLE JUST HOW FAR IT WT OUT. THAT W MAJORVENT NOT BEYOND THEBELTWAY BUT IN THIS CITY IT WAS A SIGNIFICANT EVENT. GREG CRAIG IS AN EXCEPTIOL HUMAN ING OF GREBILITY, GREAT ACMPLISHMENT, AND GREAT INTEGRITY. AND HE WENTARLY WITH BARK OBAMAVEN THOUGH HE HAD DEFENDEBILL CLINTON, EVEN THOUGH AS A STA DEPARTMENT OFFICIAL HE HAD NEGOTIATED BETWE CHINA AND TIT. HE WAA GREAT ATORNEY IN TOWN AND HE GAVE BARACK OBAMA GREAT LOYALTY AND GAVE HIMREAT CREDIBILITY BY GOING WTH HIM WHEN NOBODY EXPCTED HIM TO WIN. AND HE WAS TREATED NOT SHABBILY, HE WAS... IT WAS YOND PUBLIC EMRRASSMENT, IT WAS UMILIATION. THELEAKED THREE TIMES THIS LEAK-PROOF WHTE HOUSE DID THAT HE WAS IN TROUBLE AND ON HIS WAY OU THE DOOR. THEY WERE LOOKING FOR A SCAPEGOAT R GUANTANAMO, THEY PICKED GREG AIG AND IHINK IT'S... I THI IT'S UNACCEPTLE AND I THINK THE PREDENT HAS IT... IT'SIS RESPONSIBILITYVEN THOUGH IT WADONE BY HIS STAFF.

>> I AGREE. I DON'T REALLY KNOW MR. CRG BUT HISEPUTATION AUND WASHINGTON IS STERLING. HE HAS A VERY HIGH REPUTATION AND FOR HE SERIES OF LEAKS TO SUGGEST INCOETENCE IS MYSTIFYING. Y GUESS IS THE PRESIDE MADE THIS PROMISE TO CLOSE GUANTANAMO WITHIN A YEAR, THATAS AN UNDOAB PROMISE AND SOMEBODY HAD TOPAY AND I GUE I SECOND WH MARK SAID.

>> Woodruff: SPEAKING OF LEAKS, WE DON'T KN WHETHER THEY'REEAKS OR DELIBERATE OR STORIES THAT REPORTE HAVE DUG OUT, THERE SO MANY STOES THAT HAVE COME OUT I THE LAST FEW YS ABOUT WH'S GOING TO HAPPENITH REGARD TO TROOPS IN AFGHANISTAN. WE NOW KNOW AMBASSADOR MR. EIKENBERRY HAS A DIERENT VIEW FROM WHAT GENERAL McCHRYAL HAS IN AFGHANISTAN. MARK, AT DO YOU MAKE OF THIS PRCESS OF DECIDING WHAT TO DO ABOUT TRPS TO AFHANISTAN? >>WELL, I THINK THIS IS WHEN, UNLIKE MR. HOLDER'S DISION AND THE TRIALS IN NEW YRK WHERE THE PRESIDENIS INTIMATELY INVOLD. AND I THINK T PRESIDENT'S ROLE IS COMFORT IN CHIEF, WHICH WE HAVE SEEN INDDITION TO COMMANDER-IN-CHIEF THESE PAST WEE AT DOVER AIR FORCE BASE ERE HE MET THE FAMILY, RETURN G REMAINS OF THE AMERIC SOLDIER KILLED... AMERICAN SOLDIERS KILL IN AFGHANISTAN. WHE HE WENT TO ARLINGTON, WHERE HE'S GONE TO FORT HOOD. I THINK WE'RE NOW GETTING A SENSE OF THE ENORMITYAND THE EMOTIONAL ENMITY T THE PRESENT OF THIS DECISION. I INK THAT GENERAL EIKENBERRY OBVIOUSLY H MADE HIS SITION ABUNDANTLY CLEAR. WHO MADE IT CLEAR TO THE PLIC, THAT'S THE SPECULATION IN WASHINGTON, WETHER IT WAS THO WHO OPPOSED GNERAL McCHRYSTAL'S INCREASE IN TROOPS, THOSE SUPPORTING THE VICE PSIDENT'S POSITION, MAYBE EVEN MR. HOLBROOK'S POSITION. SO I THINK THAT WHAT WE'RE EING IS SORT OF A BACK-AND-FORTHRIGHT NOW AT PROBABLY N'T COIDENCE INSPIRI IN THE CISION PRESS.

>> Woodruff: HEALTHY GIVE-AND-TAKE? W DO YOU SEE IT?

>> I THOUGHT DELIBERATIONS WRE FINE B EVEN MY PAENCE IS WEARING THIN. I KNOW EUROPEAN PATNCE IS WEARING THIN. KNOW IN THE MILITAY PATIENCE IS WEARING THIN. SO I WISH TY WOULD MAKE CISION. THEY ARE NO.. IT'SMPORTANT. THE TROOP LEVELEBATE IS A FUNCTION OF A DEEPER DATE. T DEEPER DEBATE I WH'S OUR MISSION TRE AND THAT IS THE FUNDAMENTAL DEBATE WE'R HAVING. ARE WE GOING TO HAVE A CLEAR HOLD, AND P+*EULD COTERINSURGENCY STRATEGY? ARE WE GOING TO PULLBACK TO THE CITIES. AND CAN WE HAND OVER ANYTHING TO THE KARZAI GOVERNMENT AND, TWO, THIS SURPRISES ME A LITTLE, THE DEFICI, THE AMOUNT IT WOULD ST IS MAJOR FACTOR THIN THE CIRCLEF THE DEDEBATES. SO BECAUSE O THE FUNMENTAL DOUBTS THAT PEOP IN THE ADMINISTRATION HAVE JUST THI FEELING O AMVALENCE AND SO YOU WONDER, CAN STA ON NOTHER LONGPROCESS, LONG AND EXPENSIVEROCESS WHEN THERE'S SO MUCH AMBIVALENCE IN WASHINGTON AND CANOU A SOLDIERS AND MARINES TO GO OUT WHO NOT HAVE THE LUXURY OF AMBIVALENCE, THEY'VE GOT GO AL OUT. REQST K WE ASK THEM... THERE WIL BE A DYSJUNCTION BETWEEN THEIR NEED TO ALL OUT AND THE AMBIVALENCE BACK ME. Woodruff: THE DECION WON'T TO BE TO SE NO MORE TROS. ERE WILL BE SOME TROOPS SNT. >>HE REPORTS I HE ARE THAT SECRETARY GATES AND SECRETARY CLION AND GENERAL McCHRYSTAL ARE KIND OF FOCUSING ON AROUND 30,000 TROS. BUT DAVID'SIGHT. FOR EACH THOUSAND TROOPS, IT'S A BILLION DOLLARS A YEAR. AND WHEN WE'RE TALKING AUT THE COST OF HEALTH CARE AND BALANCING THAT AWELL AS THE NATIONAL DEFIT IN ADDITIONTO OTHER PRLEMS, JUDY, OF A DECLININGONFIDENCE IN THE ADMINISTRATN POLICY BECAUSE OF THE LAGGING RESSION. AND UNEMPLOYMENT, SUPPO FOR T UNITED STATES EPANDED RO INAFGHANISTAN IS THE SHH RINKING.

>> WoodruffVERY QUICK TO YOU BOTH. HEALTH CARE. IT DID PASS THEOUSE LT WEEKEND, IT'S NOW BEFORE THE SENATE. DAVID, WHAT DOES IT LO LIKE?

>> IT CERTNLY COME WITH VERY LITTLE MOMENTUM THERE A NEW ISSUESINTRODUCED IN THE HOUSE LIKE ABORTION. THERE'SLEARLY GREATCONCERN AMONG THE MODETE INHE SENATEJIM COOPER, HOUS MEMBER FROM TENNESE, ONE OF THE SMARTT PEOPLE ON HEALTH CARE, SAID IT WAS ON LIF SUPPORT. THAT MAY BE LITTLE STRONG, BUT IT CLEARLY HAS NO... ITS PROSCTS FOR PASSING THIS YE E WORSE THAN THEY WERE WEEK OR TWOAGO.

>> SEAKER NANCY PELOSI UP THERE LL DAY SATURDAY ACHIED WHAT SAKER SAM RAYBURN AND TIP O'NEILL-- GREAT LEGENDS OF THE HOUSE-- WERE NER ABLE TO . HE PASSED HEALTH CA. SHE DID IT THROUGH R OWN RESOURCEFULNESS, HER SILL, HER ABILITY, R GUTS. SHE TOOK ON THE WOMEN'S CAUCUSES, THE PRO-CHOICE CAUCUSES FOR-TO-WHICH SHE IS A LEADINGMEMBER. OOD UP TO THEM SAYINGTHIS IS A HEALTH CAR BILL, NO AN ABORTION RIGS BILL. SHE TOOK ON THE HPANIC CAUS, SAID THIS IS NOT AN IMMIGRATION BI, IT'S A HEALTH CARE BILL. AND SHE WILLED IT THUGH AFTER THE DEMOCRATS SUERED BIG DEFEATS TUESDAY.

>> Woodruff:OW IT'S ON TO THE SENATE D WE APPRECIA THE RESOURCULNESS OF MARK SHIELDS AND DAVID BRKS. THA YOU BOTH. E.

>> Lehrer: AIN, THE MAJOR DEVELOENTS OF THE DAY: THE JUSTICE DEPARTMT ANNOUNCED FIVE GUANTANAMO DETAINS WILL BE TED IN FEDERAL COURT IN NEW YORK CITY. THEY ILUDE THE SELF-PROCLAIMED MAERMIND OF THE 9/11 ATTACKS, KHALIDHEIK MOHAMMED. PRSIDENT OBAMA BEGAN A TRIP TO SIA, AND DEFENDED THE TIME HS TAKING TO DECIDE ON SENDNG MORE OOPS TO AFGHANISTAN. AND NASA ANNOUNCEIT'S FOUND EVIDENCE OF ABUNDANWATER ON THE MOON. ON newshour.pbs.org, TWO LINE- ONLY FEATUS TONIGHT. ON "ART BEA" WE HAVE A CONVERSATION WITH WRER BARBARA KINGSOLVER ABOUTER NEW BOOK "THE LACUNA."

>> THIS IS A NOVEL. MY MAIN CHARACTER IS AN INVENTED PROTANIST, BUT I WOVEIS STORY THROUGH RL EVENTS SO HAT THEEADER WOULD SEE THIS IS SOMETHING THAT REALLY HAPPENED. AND RELY TO THINK ABOUT WHAT ITEANS AND WHE WE ARE NOW.

>> Lehrer: AND BETTY ANN BOER HAS A WR-UP OF WHAT'S BEEN HAPPENING HEALTH CARE LEGIATION THIS WEEK. ASHINGTON WEEK" CAN BE SEEN LATER THIS EVENING ON MOST PBS STATIONS. WE' SEE YOU ON-LINE, AND AGAIN HERE MDAY EVENING. HAVE A NICE WEEKEND. I'M JIM LEHRER. THANK YOU AND GOOD NIGHT JOR FUNDING FOR THE NSHOUR WITH JIM HRER IS PROVIDED BY:

>> WHAT THE WORLD NEEDSOW IS ENER. THE ENERGY TO GET THE ECONO HUMMING AGAIN. THE ENERGY TO TACKLE ALLENGES LIKE CMATE CHANGE. WHAT IF TT ENERGY CAME FROM AN ENERGY COMPANY? EVERY DAY, CVRON INVESTS $62 MILON IN PEOPLE, IN IDEAS-- EKING, TEACHING, BUILDING. FUELING GROWTH AROUND THE WOD TO MOVE US L AHEAD. THIS IS E POWER OF HUMAN ERGY. EVRON.

>> AND BY WELLS FARGO ADVISO. TOGETHER, WE' GO FAR. BNSF RAILWAY. AND MSANTO.

>> AND BY THBILL AND MELINDA TES FOUNDATION. DICATED TO THE IDEA THAT ALL PEOPLE SERVE THE CHANCE TO LIVE A HEALTHY PRODUCVE LIFE. AND WITH THE ONGOING SUPPO OF THESE INSTITUTIONSND FOUNDATIONS. AND... THISROGRAM WAS MADE POSSIBLE BY THE CORPORION FOR PUBLIC OADCASTING. AND BY CTRIBUTIONS TO YOUR PBS STATION FROM VIEWERS LIKYOU. THANK YO Captioning sponsor by MacNEIL/LEHR PRODUCTIONS Captioned by Media Access Grouat WGBH access.bh.org