>> leave it to jeanne moos. thank you. i'm wolf blitzer in "the situation room." thanks for joining us. "john king usa" starts right now. thank you wolf, accountability is a word you hear a lot after something bad happens. what went wrong? who's to blame? how do we hold those responsible accountable? good questions. questions raised in two very different but very important settings. here in washington, a panel called the financial crisis inquiry commission is trying to figure out whether the meltdown of 2008 could have been avoided. the financial inquiry commission is more than a mouthful. it is your house that is probably worth less money. in the hills of west virginia, greff strickin families want to know if that could have been

avoided. precious lives of hard-working americans. we'll spend some time on both questions tonight. we'll take a close look at the safety record at the mine and take a look at whether the people who should have known better failed to raise alarms. we will share with you an exchange once unthinkable. former chairman alan green span is blamed for the seeds of the collapse. two different challenges yet the same key accountability question. did the government have enough evidence of bad, risky, reckless, even life threatening behavior yet failed to act. an important question and props a too painful lesson. the heart wrenching wait continues in raleigh county, west virginia. search and rescue teams still can't enter the mine. they can't enter because levels of poisonous gases are too high.

four miners are still unaccounted for. each passing hour makes survivors in shafts filled with toxic gases less and less likely. more holes are being drilled into the hillside to ventilate the mine. officials hope to know more a bit later tonight. >> you're asking about the time frame before the rescue operation would start. we can't give you that. what we can is have a determination that we have safe enough figures to move or not. >> as we wait for that announcement, brooke baldwin is on the scene. are they still hopeful tonight, brooke? >> reporter: john, they are still hopeful, but as every hour and everyday passes here, that hope is definitely dwindling. this process of, you mentioned it, the drilling, the ventilating, the testing of the air quality levels has been painstakingly slow. why? because these rescue crews,

these 30 men who are poise the on top of the maunlts and are ready to roll in, they can't get in there because so far air quality levels have tested and the methane and carbon monoxide has been proven too fatal thus far. as for the families, they are holed up in an office building three miles from me. they have been told to go home, eat, shower, sleep. most of them have not moved an inch. they are waiting to hear about the fate of those four missing miners. one other angle here. they are furious with massey energy who runs this mine. i was told the night before last there was a meeting and one of the mining families told koeb don blankenship we have not heard yet is sorry. john. >> they are all in our thoughts and prayers. a major apology from virginia's republican governor. bob mcdonnell now says it was a mistake to omit any reference to

slavery regarding the state's recognition of confederate history month. in a statement issued, governor mcdonnell calls slavery an abomination. the governor added a paragraph to that proclamation saying it is important to understand that slavery was among the factors that led to the stifl war and was a "evil and inhumane practice." in a few moments we'll discuss this controversy with an african-american state senator, henry marsh. president obama departs for praug. it was there that the president outlined an ambitious goal of ridding the world of nuclear weapons. it is there where eltake whhe wa step in that direction. while that plan to slash the u.s. and russian nuclear

arsenals, the president's broader call for a new strategy is generating more of a controversy. >> reporter: that's right, john. i just got off the phone with one of the president's top advisers. he says the chief goal is to show case this moment. this picture we will see tomorrow here in prague of the two world leaders. this president ar has not racked up very many foreign policy successes. people inside the white house telling me that this never would have happened, this treaty without the president personally driving it to conclusion. the second key goal they have is to immediately now turn to the business of getting the 67 votes in the senate to ratify this treaty. that's going to mean getting a lot of republican votes, something this president has not done so far on big issues. this top adviser levelled with me they do not have the 67 votes

but feel they will have the votes. >> henry. there was a time in washington when former fed chairman allan green span could do no wrong, but he's one of the central figures as the government panel tries to trace the seeds of the 2008 financial meltdown with the goal of determining whether the government missed too many clues and failed to take steps that mitigated the problems. chairman green span made clear today he sees little to be gained by looking in the rearview mirror. >> when you've been in government for 21 years as i have been, the issue of retrospective and figuring out what you should have done differently is a really futile activity because you can't in fact in the real world do it. i think, i mean, my experience has been, in the business i was in, i was right 70% of the time, but i was wrong 30% of the time,

and there are an awful lot of mistakes in 21 years. >> well, that's his take. but consider this, not just what you're about to hear, but just the fact that you're hearing it. greenspan untouchable. not in the view of this regulator who says her warnings were ignored. >> you also failed to prevent many of our banks from consolidating and growing into gigantic institutions that are now too big and/or too interconnected to fail. didn't the federal reserve system fail to meet its responsibilities, fail to carry its mandates? >> greenspan sitting 20 seconds away when she said fail, fail, fail. there's more important questions to come. jessica yellin is tracking this. >> expect fire works tomorrow, because you know who will be in the hot seat, robert ruben.

as you recall, he was secretary of the treasury under under bill clinton and back then considered the king midas. we'll see how far his star has fallen. he's going to take questions about his job after he left government when he became one of the most powerful players at citi bank. that helped drive the sub prime mortgage crisis. expect ruben to be grilled over allegations by a former employee who testified today that he warned management the company was taking on too many risky mortgages, but he said the company ignored those warnings. john, we believe this will be the very first time bob ruben is going to be forced to answer in-depth questions about citi and his role in the financial felt down. it will be a big day. >> a big day tomorrow, a down day today on wall street. the dow industrials fell about 72 points. also weighing on the market, news that general motors lost

$3.4 billion in the last quarter of 2009. officials say there's a chance gm could turn a profit by the end of the year. let's head to the magic wall. we'll continue our focus on the mine tragedy in west virginia. when we come back, we'll go wall to wall on the safety of that mine, with a history of problems and citations, should there have been enough problems raised? we'll ask the congressman who's accountable. we'll get the latest from the scene. the most important you don't know. she's making history high up in space. helping women break a big barrier. in our play by play, you won't want to miss this. palin and pawlenty, two potential presidential candidates down the road, two stars of the party now, together at the same event, but together? not exactly.

>> we try every night to take you outside of washington to take the pulse of the country. tonight we head to virginia where the governor bob mcdonnell issued an apology for what he calls a major omission. it called confederacy a defining

chapter, knowing that virginians fought for their homes and was overwhelmed by insurmountsable numbers but it made no mention of slavery. shoining me is henry marsh the third. senator, the governor has now apologized. he said slavery is an evil and inhumane act. it should have been in the proclamation. he issued an amendment. case closed. do you accept the apology? >> he has a right to apologize, but i don't accept that. this is a pattern of this governor. he says the wrong thing. he makes an apology. this has happened many, many times. i think it's a question of whether or not he's sincere or not. >> a question of whether or not he's sincere. i want to follow up on that point. i believe you were the first african-american mayor of the city of richmond. governor wilder is the first african-american elected governor in the united states and from a state that was once

the capital of the confederacy. we have our first african-american president who lives in the white house. why are we still having these debates? >> i think it's a question of recognizing that this is not the last centry. this is a new century. we expected him to do that, but his actions have belied what he said. i mean, he came in cutting public education, k-12 to a horrible degree. we restored some of the cuts, the democrats did. >> i don't mean to jump in, a lot of states have had to do that. are you saying he did that in a way that was race motivated? >> i put it this way. k-12 education is critical not just for african-americans but for all virginians to keep us competitive in the race forestry and tourism and to cut can h 12

which has a disproportionate impact on poor people and daerchs wasdaerch african-americans is a tragic mistake. he left them in a situation where they almost couldn't function. later on, because of pressure, some of the money was restored, but he also pushed a charter school initiative that put the local school boards out of the situation. the state board could intervene to push charter schools and the push of charter schools would serve the elite of public education. >> let me jump in. i understand you have questions about his records and early actions as governorme megoverno. i'm trying to get the sense he has apologized. our contributor, donna brazile, who i'm sure you know, she sent

out a tweet saying my great, great grand parents were split up in the commonwealth of virginia and sold into slavery. apology accepted. what does the governor need to do, senator marsh to get you to say apology accepted? what is the test for him in your view in the next days? >> he set a high standard for himself. he said he was going to bring virginians together. he was going to be the governor for all virginians. so far, his actions haven't demonstrated that. this is the latest in a series of insults to a sizable segment of virginia. i just think that we need to be careful. you can do something and apologize and keep on doing it again, and i don't think that's the right way to govern all the people. >> would you reach out to him and say let's have a meeting or does he need to reach out to you? >> i'll be glad to meet with him. i put a bill in and i said this is on behalf of the governor and the republicans said which governor? i said i don't have a one

governor. it's governor mcdonnell. i accept him as my governor, but i expect respect from him toward me and my constituents. if he continues to do this, then i'm not going to believe his apologi apologies. so far, he's starting on the wrong foot. >> senator marsh, we thank you for your time. we invited the governor on the program and we extended an invitation to him. next we turn our attention back to the west virginia mine disaster. who is accountable? i'll go wall to wall and look at the mine's safety violations. t. i'm on an aspirin regimen now. my doctor told me it's the easiest preventative thing you can do. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. see your doctor. simple.

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>> in wall to wall, we want to take a close look so you can understand yourself the long record of safety violations and allegations of safety violations at that mine in west virginia where 25 miners parished and we're hoping search teams can get in the mine. let's start with the violations

this year. more than 125 citations. as you watch them scroll through, there's countless coming through. they come closer into focus. in contest, in contest, meaning the company is contesting these violations and these citations. you see the fine amounts, 1400, 70,000 proposed fine for this violation, 66,000 for this violation. they include questions about whether there's proper ventilation or proper plan to have a ventilation system in case there is a problem at the mine. despite this just this year, the ceo of this mine insists when you compare to others in the industry, this is safe. >> i think the reason it was operating is that all the people who are very knowledgeable of mining, whether they be with the federal government, the state government or massey had concluded that the mine was safe to operate. these violations and the efforts on the ventilation are efforts to improve it. >> let's come over to the magic wall.

i want to begin with a statement that is on the massey website. it says its company, this is company wide, had an all time best safety record. it also notes sixth consecutive year, 17 of the past 20 years in which massey's safety performance was stronger than the industry average. it also lists some awards for safety. none of them at the mine in question. let's take a closer look at the violations. this is the upper big branch south mine. this is where the men died in the explosion. 240 citations back in 2000. 156. you see the numbers here. we get closer here. 197. there was a drop in 2008. it dropped to 515 citations last year. so far in the first quarter of this year, 124 citations, including new citations we're told of tonight, issued on the day of the explosion. here's the civil penalties the company has paid. this is the mine in question, the upper big branch south mine.

proposed back in 78, 248, the company paid 47. back in 2009, nearly 900,000. the company paid 170,000. so far, 188,000. we looked at three other mines as well. this is the one in question, upper big branch. these are other mines that produce about the same amount in tonnage in terms of coal. so we wanted to compare. at the mine in question, 2009 citations. 458. 205 at this mine, 236 at this comparable mine. 254 at this comparable mine. does it meet the ceo's test that it is as safe or safer than some of the other mines in that area. we'll continue to look at these records and the story and we'll

continue to ask this question. where is washington's accountability in all of this? when should the federal regulators tell the mine to fix your problems.

>> we're talking about accountability in the wake of the west virginia coal mine explosion. the mine is in nick rayhall's district. after the sago disaster, federal law about mine safety was changed. everyone said the goal so this would never happen again. does that agency, the mine safety and health administration, does it still lack teeth or resources or resolve to do the job the way it needs to be done? >> well, couple points. let me say first of all, i'm not going to dispute your well researched figures. certainly those figures present a case for closer scrutiny by agencies at all levels, federal, state and in the congress. i will say that every violation, of course, is not as serious as other violations.

the serious violations deserve the scrutiny and deserve to be looked at. it must also be noted that because a violation is issued will mean that the operator is taking attention of something that's wrong. in most cases, most responsible operators will correct whatever is wrong in order for that violation to go away. is there an adjudication process here on the serious violations which are not contested by the company? yes, there is. is that adjudication process too long? perhaps it is, but following the sago and air coma disasters which should be mentioned as well, another mine owned by this same company, a.t. massey, we did institute federal safety laws. those laws put into place did have features that were in place at this mine but perhaps were not given a chance to kick in because of the severity of this mine explosion. we certainly need to find out what happened here and we need to hold those responsible

accountable. >> but we have these accountability questions only have brave men die. my question to you, sir, is if this place was a bad actor. you used those terms yourself, has a maverick reputation assed on our air this morning, we talked to miners who were worried about the evacuation plan, there were citations about methane gas and coal dust, why isn't there a system, but enough allegations have been raised that we're going to stop work until we figure this out? if my car doesn't have a blinker, i can't get a safety inspection. the government stops me because that car might hurt somebody or kill somebody. why doesn't the government, the congressman, somebody stop a mine when people are saying it's a ticking time bomb? >> that's a valid point. we need to pay attention when there are warnings signs issued.

when many of those warning signs come from the miners themselves, those most directly affected and don't come out until the sun goes down, we have to have verification, certainly any agency would have to have some sort of verification from that miner. to just go on an anonymous tip won't work. msha is doing a better job in recent years. they've had cut backs in the past, but in the last year, they are beefing up their personnel, training their personnel, they're having practice sessions at least quarterly, and these individuals that are inspecting our mines are being better informed and are better trained in mine safety inspectors of the past. it's a new age and it is coming into effect. we will certainly follow up in congress. >> that's my question in the sense that i know you will follow up, sir. i'm not questioning your commitment to this issue. it is only after people die that we ask these questions.

is there a way to have a circuit breaker, i know the company is innocent until proven guilty, but is there a way -- the miners say they have to go to work because they have to feed their families, is there a way for the industry that if you need to stop work for a day or three or a week or three, to check these things out that these guys get paid? so someone can say is there a methane buildup in there, is there too much coal dust before we have to have a conversation under these circumstances? >> i will admit to you the warnings signs were there on this particular operation, this particular mine. as i have said and you've accurately quoted. this has been a bad apple, and it's incumbent that we find methods, perhaps an anonymous 800 toll free line. we have experimented with that in the past to get people to call in with information, and then that's not enough.

even the law passed by congress is not enough if it's not implemented and enforced. that's the key here, implementation on the ground enforcement. that takes integrity. that takes honesty. that takes a no cutting the corners approach not only by the industry but those who inspect the industry as well and who may be later on in life in their careers looking for a job within that same industry. we've seen that in the past. i'm not saying that's happening today, but that is a warning to these mine inspectors that they have to be on the alert for the warning signals and then run it up the chain of command, no matter how frivolous you may think it is at the time. >> you said yourself, sir, that there were warning signs at this particular mine before this accident. >> yes they were. >> why didn't somebody, maybe the local congressman, that would be you or somebody chain themselves to the damn fence and say there are enough warnings signs, you're not going in there? >> the fact of the matter is

that those warning signs weren't brought to the proper officials. we know now because of your research of the violations issued as late as monday, but there were violations i've just learned that were issued as late as march 30th that were perhaps of a more serious nature involving ventilation. when you have violations or citations issued because of ventilation, improper ventilation for methane and co and other hazardous gases, then that should be a warning something is wrong, but it should be made public. it should be made knowing to the members of congress. that was not made to my attention. it was not brought to my attention. as far as i know, i'm not sure whose attention it was brought to except an anonymous register somewhere. that don't get it. that's where we need to have some other type of alert when these violations, citations are issued. >> congressman nick rahall, if

there's anything you think my business can do to help bring this to people's attention, i hope you give us a call, because we would like to be part of it. thank you, sir. >> thank you, john. >> next, today's most important person you don't know. she's part of a star studded milestone for women. oh sure, we have plenty of employees that... you can label as "different." like janice. uh-huh. yeah. fashion deficient.

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>> today's most important person you don't know is tracy caldwell dyson. she was the astronaut who was waiting upon the space station. it arrived this morning with three women aboard. that's four women in space at the same time and that, ladies and gentlemen, is a new record. dyson did it the hard way. she trained with the russian crew aboard a 135is craft. she not only speaks russian, she can converse in sign language. she is from california, is married, and she dos it all apparently. she repairs cars. she will be a flight engineer until september, 167 days long after "discovery" 13 day mission has come and gone. >> what a superstar? >> how many times have you wanted to go in space? >> i think it's impressive that

women have broken the sound barrier before we broke the glass ceiling. >> that's excellent. we were talking about this inquiry looking into what happened in 2008, should the government have done more? who should be held accountable? you were at a meeting at the white house earlier. >> they're very focused on it. they feel they have a lot of momentum at the white house. they're going to build on health care success to push this through. they're facing tough opposition from the republicans. they say they're being rushed. not fair. this has been going on for some time. the big challenge is to figure out how to craft a bill that can bring on republicans without losing upset democrats. one of the big issues is the politics of all this, john. they're saying the democrats believe that this is going to be a huge campaign issue. republicans politically cannot afford to vote against wall

street reform an vote for the banks. i've talked to a lot of republicans who think they can oppose wall street reform by arguing that it's more big government spending. >> after health care, is this one where the white house says let's get the president involved? is he supposed to bring the republicans in and say look, we didn't get along on health care, but let's do it here? >> there are democrats who are saying that's what the president should be doing. they're frus interest traited the president isn't. what's happening is his staff is very involved. they're the ones doing the talking. there are a lot of lobbyists doing the talking, so they want the president to show up soon enough. he's not doing the negotiating just yet. >> jessica yellin. thanks for that. we'll look into our clash tonight. retaliation for health care reform, a new tea party commercial attacking bart stupak.

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>> in this corner and in this corner. >> here for the clash, democratic strategist, maria kor dona. >> welcome. want to talk first about this dustup about the virginia governor. first he issues a proclamation citing the month of confederate history, no reference to

slavery. he apologizes this afternoon. he says it contained a failure omission. the failure was a mistake and for that i apologize to any fellow virginian who was disappointed. i asked a prominent african-american member of the legislature a short time ago, accepted? is that enough, senator marsh says no. >> i don't accept that as a good answer, because this is a pattern of this governor. he says the wrong things. he sends a signal to his base and makes an apology. this has happened many, many.times. i think it's a question of whether he's sincere or not. >> he's a new governor. new governors make mistakes. this is a big, sensitive issue. new governor, new or not, and his staff maybe should have weighed into this more carefully? >> doesn't matter what governor or what state. the civil war, confederacy, racism, slavery, it's a raw part of our history that you're never

going to get it 100% right. there's going to be somebody that's offended. i was surprised by the state senator's remark, because i did think the apology was so emphatic and sincere. that's for people to judge. i think what i did notice was that the state senator also said that he would be willing to meet with the governor. i think maybe after that sort of meeting, when you bring personalities to it and bring people face to face, these issues tend to be cooler. cooler heads prevail sometimes. >> you're shaking your head? >> i don't blame him for not accepting the apology. people make mistakes, but this was not an off-the-cuff comment. this was a seven paragraph proclamation that stayed on his website for days. it wasn't until a whole day went by with all of the uproar that he apologized. i think it's too late. i think we saw what he really believed because if the apology was what he really believed, i don't think we would have had a

need for an apology in the first place. i don't think it's believable. >> every two years, the republicans say they're going to get congressman bart stupak. he's a democrat. he was a key anti abortion democrat. every two years, the republicans say we're going to get him. every two years they fail. bart stupak wins and by a comfortable margin. this time the tea party express says it will get congressman stew back. it's spending more than $200,000 on this ad. >> congressman bart stew back, you've betrayed our constitution. you sold us out on the health care vote. now it's time for you to pay the political price. join the tea party express as we send bart stupak -- >> the tea party express is heading out there. dana bash who happens to be my wife is covering the tea party. is this a test? first they do demonstrations. they show up.

but if they're going to put money into tv ads, is this a test of their clout? >> i think it is. by any measure, the tea party is at its genesis stage. it's quite impressed that they're already organized to have an ability to play in these races with ads and with money behind those ads. i think they can have an effect in some of these races. we don't know but it will be interesting to watch. >> there's some question as to whether congressman stupak will run. >> this health care debate took a lot out of people. >> we'll watch that one. i'll ask you both to stand by. when we come back the play by play. tiger woods isn't just returning to the golf course. he's making a commercial come back too. everybody is talking about this. we're going to show it to you. stay tuned. because we believe in the strength of american businesses.

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back for the play-by play. i want to begin with something that's not political. tiger woods is going to play in the masters this week.

it's his first tournament in five months since the scandal in his month. the question is would he be back in our life commercially. here's a new ad out by nike out tonight. >> tiger, i am more prone to be inquisitive, to promote discussion. i want to find out what your thinking was. i want to find out what your feelings are. and did you learn anything? >> let's stop the tape there. the voice of his late father on a recording obviously made about something else. i want to find out what your feelings are. did you learn anything? fieger woods looking straight to camera. you see the picture looking quite solemn. nike is trying to help tiger. >> it's very odd because right now the one thing we've all talked about is tiger needs to

get away from the personal life. when he gets back to being a golfer again, he'll reemerge as somebody who is popular. this is about tiger. it's very invasive. >> you guys do image work. i'm going to bet you nike has some research that tells them he needs -- they need, maybe he doesn't need to do this but they do. >> i think when he did his press conference, there were a lot of people, and i saw this online and friends and everybody was talking about it, a lot of people believed him but a lot of people didn't. they thought he was doing it because it was the right thing to do, to rehabilitate his image, his millions of dollars. i think one more time is probably appropriate from an image standpoint. >> all the ads aren't going to help him. a win in the masters will do more than any advertisement like that. >> i want to show you a fascinating sequence. tim pawlenty is the governor in

minnesota. the woman who was picked is sarah palin. they're both here to raise money for michele bachmann. we think these two candidates on the same stage. you have first governor pawlenty comes into the room. we see governor pawlenty. he does some of the intros. he says thank you very much. he takes his wave. he heads out and so it is later in the event, after governor pawlenty has left the stage that congresswoman bachman and sarah palin come in. kevin madden, we needed this moment. there's sarah palin. >> start with maria on this one. >> are there events. you work eed with mitt romney i the campaign, but what's the harm? >> here's what i think happened. if you look at what happened in these things. they wanted the image of michele

bachmann and sarah palin to dominate the image that we're going to watch. that's exactly what they've done. it was a much more cleaner shot with two women who were designed to be the stars of this event. that's the image everybody was watching. >> it was clear tim pawlenty did not want to be anywhere near them. >> we overanalyze everything. >> is this a washington thing or is this a boy/girl thing. >> it's a republican/democratic strategist thing. >> thanks for coming in. next, pete on the street. actually tonight, this one pains me. pete, a yankees fan. boston's fenway park. stay with us. it doesn't take much;

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at&t has the coverage you need. hopefully that sheds a little light on the subject. ♪ >> let's check in with campbell brown in new york to see what's coming up. >> tonight, the u.s. now on a mission to kill an american citizen. we're going to have a debate, a conversation over whether that's the right thing to do in the name of fighting terror or have we crossed a line here. plus we're going to have a lot more on the governor of virginia doing damage control after declaring april federal history month and leaving out slavery. the nation's first african-american governor here to talk about that. we'll see you in a few minutes. >> we'll see you then. this one pains me. this one pains me. not only is pete dominic, our

off beat reporter standing outside of heaven, which in boston is called fenway park, with a yankees cap, we paid for him to go there. pete, one to one. there's a game under way behind you. please red sox tonight. how are you doing there tonight? >> as much as i'm a yankees' fan, the organization has been very nice to us. it's been a fun time. why not go to the second most partisan place, i went in as a yankees' fan to stir it up. so democrats and republicans obviously can't get along. can red sox fans and yankees fans? >> if the yankees will be nice, nice. >> are the incomes s yankees 4-year-olds? your dad is a red sox fan. you're a yankees fan. >> she had to be a red sox fan.

>> she was a rebellion. >> would you ever date a yankees fan? >> no. never. >> if yankees and red sox fans can get along, so can republicans and democrats. >> sure. >> then we hug. >> and then we dance. >> do you want to see more, red sox beating the republicans on winning the war on terror. >> red sox. >> you're empty. guy thinks he's kevin euklis. thinks he's on the team. >> how are you doing? >> red sox or yankees? >> red sox. >> i'm a yankees fan. can we still hang out? >> sure. >> it can happen. >> if yankees and red sox fans can get along, so can democrats

and republicans. john, you bought me a new hat, john king. thank you. >> it's the best rivalry in sports. i can't disagree with that hat. i'm not sure why we paid for you to go there. i might ask the boston police to arrest you. there was a big drama last night, rumors that some yankee fan had taken the power at the prudential building. you see the picture. that's the yankees' logo in boston, massachusetts. it turns out that this was one of those hoaxes that people do on the internet. i'm wondering if you might be the guilty party. >> john, while you bought me a hat, you didn't buy me a hotel. i needed to find something to keep me busy last night. i can climb pretty well, but i had nothing to do with that, of course. >> are you going to go watch the game when you're done here? >> i'm going to try to sneak in. i'm definitely going to try to