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The Situation: Monday, January 9

Editor's Note: The Situation Report is a running log of dispatches, quotes, links and behind-the-scenes notes filed by the correspondents and producers of CNN's Washington Bureau. Watch "The Situation Room" with Wolf Blitzer on CNN 4 p.m. ET to 6 p.m. ET and 7 p.m. ET to 8 p.m. ET weekdays.

FISA court NSA briefing

_{Posted 5:49 p.m. ET
From Terry Frieden, CNN America Bureau}

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Judges from the secret Foreign Intelligence Surveillance Court (FISA) were briefed at the Justice Department Monday on the controversial government program that permits the National Security Agency to conduct domestic electronic surveillance against suspected terrorists without seeking approval from that court.

Deputy Director of National Intelligence General Michael Hayden swept past reporters without commenting as he left the Justice Department Monday afternoon after briefing judges of the "secret court" established to approve highly classified eavesdropping operations against suspected spies and terrorists.

A U.S. intelligence official confirmed that Hayden, who was NSA director when the eavesdropping program began, and two unidentified government lawyers had briefed the FISA court.

The Justice Department refused all comment on the meeting, which was held at the Robert F. Kennedy Building commonly known as "Main Justice."

Judicial sources confirmed the judges were in Washington, but the judges did not return calls seeking comment on the briefings. A spokesman for Presiding Judge Colleen Kollar-Kotelly said neither she nor the court would have any comment on the substance of the briefing. One government official indicated all 10 judges who currently sit on the FISA court were present for the briefings.

Critics charge the domestic surveillance without a warrant constitutes a serious violation of constitutional rights. The administration contends the President has the constitutional authority in wartime and under the congressional authorization of force after September 11 to approve the monitoring.

NSA messages

_{Posted 5:41 p.m. ET
From Pam Benson, CNN America Bureau}

The director of the National Security Agency told employees last month that the agency acted lawfully when it implemented a program authorized by President Bush to eavesdrop on U.S. citizens.

In a December 22 message to the NSA workforce, Lt. Gen. Keith Alexander said, "I reject, categorically" any suggestion in media reports that the Bush administration or the NSA acted unlawfully. Alexander maintained the presidential authorization was "consistent with U.S. law and our Constitution."

Alexander's message was sent a few days after Bush confirmed a Dec. 16 New York Times story that he had authorized the NSA to intercept international communications of people inside the United States when the target was linked to al Qaeda or a terrorist organization. Eavesdropping by the intelligence community on American citizens has always required a court-approved warrant.

Alexander said in the message he was not concerned about continued media coverage and possible congressional hearings on the program. "Our operations are carefully deliberated and measured," he said, "and they are nobly executed with strict oversight." The NSA head called on his staff not to be "distracted" by the disclosure of the highly classified program and said employees should continue "to protect and safeguard our nation."

Alexander had also sent a message to his staff the day the surveillance program was disclosed in the media, but before the president confirmed its existence. In that note, he told them not to comment on intelligence operations "actual or alleged" because to do so would be "professionally irresponsible and may put Americans or allied personnel in peril."

Cuban spy charges

_{Posted: 12:54 p.m. ET
From Terry Frieden, CNN America Bureau}

A professor at Florida International University and his wife have been arrested and charged with illegally serving as agents of Cuban President Fidel Castro, according to law enforcement sources in Washington familiar with the case.

Officials said Professor Carlos Alvarez and his wife Elsa Alvarez were taken into custody last week and are scheduled to appear in federal court in Miami at 1:30 p.m. Monday.

Law enforcement officials said the charges include serving illegally as long-time operatives of the Cuban government without registering as foreign agents.

The indictment describing the specific charges remains sealed in advance of the hearing, officials said.

U.S. Attorney Alex Acosta and the FBI special agent in charge of the Miami field office, Andrew Apollony, have scheduled a news conference for 2:30 p.m. to discuss the case.

The Morning Grind

_{Posted: 9:30 a.m. ET
From Mark Preston, CNN Political Unit}

Cheney hospitalized, while the 'sell' begins on Capitol Hill

Vice President Cheney was hospitalized for a few hours early this morning after suffering from a shortness of breath, but there is no indication it was related to his heart condition, his office said.

Instead, the problem, which forced Cheney to check into George Washington Hospital at 3 a.m., appears to be the result of medicine he is taking for a foot problem.

"His doctors found that his EKG was unchanged and determined that he was retaining fluid as a result of anti-inflammatory medication he has been taking for a foot problem," spokeswoman Lea Anne McBride said in a statement. Cheney has since been released from the hospital.

Cheney's health woes comes just hours before the Senate Judiciary Committee convenes Judge Samuel Alito's nomination hearings and House Republicans begin preparations to hold leadership elections next month after Rep. Tom DeLay (R-Texas) said he would not seek to reclaim his post as majority leader.

In the Senate, Alito is expected to face tough questioning from Democrats over his personal ideology and whether it would influence his rulings from the bench. Democrats have not ruled out trying to filibuster Alito's nomination if they are not satisfied with his answers. And while the White House is hoping for the Senate to vote on Alito's nomination by Jan. 20, there is a strong likelihood Democrats would delay it by one week to allow Senators more time to learn about "what is exactly at stake as well as give them a chance to educate themselves on his background," a Democratic leadership aide said.

Such a delay would serve Republican political interests, a GOP leadership aide countered, because "it would be a good opportunity for Republicans to paint (Democrats) as partisan and obstructionists which works well for Republicans."

Alito had breakfast with President Bush this morning and at 12 p.m. ET he heads to the Hill. In brief remarks following the breakfast, Bush expressed support for his nominee and called on the Senate to bring his nomination to the floor for an up or down vote.

"It's very important that members of the Senate conduct a dignified hearing," Bush said. "The Supreme Court is a dignified body; Sam is a dignified person."

But a preview of the opening statements indicates that Republicans and Democrats plan to pull no punches on the first day.

"If qualifications, integrity, fairness, and open-mindedness were all that mattered in this process, you would be confirmed unanimously," Sen. John Cornyn (R-Texas) is expected to tell Alito. "But we know that is not how this process works." Cornyn will charge that Alito's opponents are trying to impose "their liberal agenda" through the judiciary because "these views are so liberal, of course that they cannot prevail at the ballot box."

Sen. Patrick Leahy (D-Vermont) will make a point that retiring Justice Sandra Day O'Connor "has been a guardian of the protections the Constitution provides the American people," while Sen. Edward Kennedy (D-Massachusetts) will question Alito's willingness to grant the White House wide ranging authority.

"In an era when the White House is abusing power, has authorized torture, and is spying on American citizens, I find Judge Alito's support for an all-powerful executive branch and almost unlimited power for government agents to be deeply troubling," Kennedy is expected to say.

As Alito prepares for his noon meeting with the Senate Judiciary Committee, Bush will visit the North Glen Elementary School in Glen Burnie, Maryland at 10:25 a.m. ET to talk about the No Child Left Behind Act.

Across the Capitol, another political drama is unfolding. Acting Majority Leader/Majority Whip Roy Blunt (R-Missouri) and Rep. John Boehner (R-Ohio) are furiously telephoning GOP colleagues as both seek support to replace DeLay as the second highest ranking House Republican. DeLay, who is fighting an indictment in Texas that forced him to temporarily vacate his post last year, announced Saturday he would permanently step aside as majority leader. Pressure began building on DeLay Friday after a group of House Republicans circulated a petition calling for a new majority leader. They argued a series of ethics scandals, including the recent Jack Abramoff affair, threatens the Republican majority. While DeLay heeded his colleagues' wishes, he maintained his innocence and vowed to seek re-election.

With Blunt trying to move up from his post as majority whip, Rep. Eric Cantor (R-Virginia), who currently serves as chief deputy whip, has the inside track to replace him. Republicans will choose new leaders when the House returns to Capitol Hill the week of Jan. 31. In addition to leadership elections, House Speaker Dennis Hastert (R-Illinois) said he supports an effort to institute lobbying reform in the House and has tapped Rules Committee Chairman David Dreier (R-California) to head this effort.

"Over the past several months, I have spoken with many members about the need for such reforms," Hastert said. "I have been encouraged by the breadth and boldness of their ideas. Now is the time for action."

Meanwhile, California Gov. Arnold Schwarzenegger (R) and his 12-year-old son Patrick are nursing minor injuries after being involved in a traffic accident Sunday. The governor and his son were on riding on a motorcycle when they were hit by car that was backing up. The governor received 15 stitches to repair a cut lip and his son was treated for minor cuts and bruises.

"The accident occurred at around 3:15 p.m. (PT) when another driver backed into a street in front of Governor Schwarzenegger as he rode his Harley Davidson motorcycle," said Margita Thompson, Schwarzenegger's spokeswoman. "The Governor was unable to avoid the vehicle in his path and collided with it at a low speed."

Political Hot Topics

_{Posted: 9:30 a.m. ET
From Stephen Bach, CNN Washington Bureau}

POLL SHOWS MAJORITY SUPPORT SAM: A majority of Americans favor the confirmation of federal appeals court judge Samuel A. Alito Jr. to the U.S. Supreme Court and an even larger proportion believe Alito would not vote to overturn Roe v. Wade, the 1973 high court ruling that legalized abortion, according to the latest Washington Post-ABC News poll. As hearings begin today in the Senate on his nomination, the survey found that 53 percent of the public says Alito should be confirmed to serve on the court--virtually identical to the proportion that supported John Roberts' confirmation as chief justice four months ago. One in four - 27 percent - say Alito should be rejected by the Senate. Washington Post: Majority of Americans Favor Alito Nomination

NSA EAVESDROPPING WILL BE KEY ISSUE: U.S. senators challenging Samuel Alito's Supreme Court nomination are focusing on a potentially combustible issue to raise at the confirmation hearings starting today: the limits of presidential power. Senators say Alito's writings endorsing a strong executive have taken on new significance since the disclosure that President George W. Bush authorized eavesdropping on American citizens without court approval. Democrats have decided the issue is so politically potent that they are leaving questions on abortion mainly to Republicans - a tactic that runs the risk of offending some of their strongest supporters. The intense focus on presidential power has unnerved some women's rights groups, which have traditionally played a central role in Supreme Court confirmation hearings. Bloomberg News: Bush-Authorized Spying Spills Into Alito Confirmation Hearings

CHUCK THROWING AROUND THE F-WORD: Democrats said yesterday that they may block the Supreme Court nomination of Judge Samuel A. Alito Jr., depending on the answers the nominee gives at his Senate Judiciary Committee confirmation hearings, which begin today. Sen. Charles E. Schumer, New York Democrat and a member of the committee, said that if Judge Alito refuses to answer questions on issues that Democrats deem vital, the party will be more likely to block the nomination. "If he continuously, given his previous record, refused to answer questions and hid behind 'I can't answer this because it might come before me,' it would increase the chances of a filibuster," Mr. Schumer said. Washington Times: Schumer warns of filibuster of Alito

BOEHNER V. BLUNT: The contest for House Republican leader shaped up Sunday as a race between two senior rivals, with the Bush administration and its Congressional allies braced for a potentially divisive internal battle at the start of a crucial campaign year. One day after Representative Tom DeLay of Texas ended his effort to regain the majority leader's position, Representative John A. Boehner of Ohio, chairman of the Education and the Workforce Committee, announced he would oppose Representative Roy Blunt of Missouri for the post. Bloomberg: Two Major Contenders in Race to Lead House Republicans

DeLAY CONSIDERED RESIGNING: DeLay told the Chronicle on Saturday that in recent days he discussed his situation with GOP leaders, including Hastert, and considered several options, including resigning from Congress. In the end he decided against quitting Congress because "I still have a lot to contribute to the Houston-Galveston area," he said. His decision is expected to trigger a fierce succession battle for leadership, with several GOP lawmakers expected to challenge Rep. Roy Blunt, the Missouri Republican who replaced DeLay on a temporary basis. Rep. John Boehner, R-Ohio, chairman of the House Education Committee, is expected to announce his candidacy for majority leader [Sunday]. DeLay said he won't endorse anyone as a successor. Houston Chronicle: DeLay won't reclaim House post

DENNY TAPS DREIER TO CLEAN UP LOBBYING LAWS: With Rep. Tom DeLay (R-Tex.) formally removed from congressional leadership, House Speaker J. Dennis Hastert (R-Ill.) took the next step yesterday in Republican efforts to distance the party from a growing corruption scandal, saying the House will move soon to tighten the rules governing lobbyists' access to lawmakers. Hastert tasked House Rules Committee Chairman David Dreier (R-Calif.) to head the GOP's effort to draft new lobbying rules. The move comes months after House Democrats, led by Reps. Martin T. Meehan (Mass.) and Rahm Emanuel (Ill.), and Republican Rep. Christopher Shays (Conn.), unveiled proposals to mandate more disclosure of lobbying contacts, ban most lobbyist-sponsored trips and lengthen the time former House members and staff must wait before taking up lobbying. Washington Post: Hastert Moves to Tighten Rules on Lobbyists

"COURAGEOUS" SCOTT TO SUPPORT MOM: Scott McClellan, the spill-no-secret White House press secretary, wandered into the Oval Office at 7 a.m. last Tuesday to check in with his boss about the overnight news and to schmooze about Texas football. And then, Mr. McClellan recalled, "I asked him for his guidance about what he wanted me to say about the Texas governor's race." "The president will support the Republican nominee, and I think it's pretty clear the Republican nominee will be his friend Rick Perry," Mr. McClellan said [at a press briefing]. As for the woman running against Mr. Perry, Mr. McClellan said, "My mother cares deeply about Texas, and she has my full support." "God, that's courageous," wisecracked Bill Plante of CBS, as Mr. McClellan chuckled and reddened. New York Times: Spokesman Goes Out on a Limb: He's for Mom

GOVERNATOR IN MOTORCYCLE COLLISION: Gov. Arnold Schwarzenegger and his 12-year-old son were slightly injured Sunday afternoon when their motorcycle collided with a car near the family's home in Brentwood, his office said. The low-speed collision occurred about 3:15 p.m. as Schwarzenegger was riding his Harley-Davidson with his son, Patrick, in the motorcycle's sidecar, according to Margita Thompson, the governor's press secretary. As the pair were riding north on Mandeville Canyon Road, a car backed out of a driveway in the 2100 block and the governor was unable to avoid striking it, according to Thompson and a spokesman for the Los Angeles Police Department, which investigated the accident. Los Angeles Times: Governor, Son Hurt in Accident

BAGHDAD TEEN TOURIST MET WITH HEZBOLLAH IN BEIRUT: The Florida teen who sneaked off to Iraq over winter break also finagled a sitdown in Lebanon with a big shot from Hezbollah, one of the Mideast's top terrorist organizations. "I had to travel through alleyways and I finally walked - this was in the southern Shiite section of Beirut, the poorest section. So walking through alleyways, going up crooked staircases with bullet holes in the walls. And there was no sign saying, this is the Hezbollah office, of course not," Farris Hassan tells MSNBC's Rita Cosby in an interview airing tonight. A sheepish Farris, 16, also tells Cosby he's been racked with guilt about the worry he caused his parents, and he worries about "copycats." "I will feel so guilty if some copycats go to Iraq and cause the military all kinds of trouble. And God forbid one of them gets their head cut off," he said. New York Daily News: Baghdad boy met with Hezbollah

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