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CNN Wolf Blitzer Reports

Document About Iraq's Weapons Capability Adding to Debate over How Much Administration Actually Knew About Threat Posed by Saddam

Aired June 06, 2003 - 17:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


(BEGIN VIDEOTAPE)
WOLF BLITZER, CNN ANCHOR (voice-over): Crucial decisions in the Scott Peterson murder case. Who can speak? Who can listen? And, who can see the autopsy reports? I'll speak live with two top attorneys, Joe diGenova prosecuted high profile cases. Roy Black has defended many others.

As the White House pressed the case for disarming Iraq, did the Pentagon's own intelligence agency have doubts about Saddam Hussein's weapons?

Will Hamas try to blow up the Middle East peace process? Palestinian militants accuse their new prime minister of selling out to Israel.

And, Sammy Sosa will sit it out?

UNIDENTIFIED FEMALE: I think it's fair. It should be that way. They shouldn't let him just go off without any kind of consequence.

BLITZER: But Funny Cide will be up and running for the Triple Crown.

UNIDENTIFIED MALE: He can run over a plowed field. It just doesn't matter. He loves to race.

ANNOUNCER: CNN live this hour WOLF BLITZER REPORTS live from the nation's capital with correspondents from around the world. WOLF BLITZER REPORTS starts now.

(END VIDEOTAPE)

BLITZER: It's Friday, June 6, 2003. Hello from Washington. I'm Wolf Blitzer reporting.

A once top secret document about Iraq's weapons of mass destruction capability is now public and it's adding fuel to an already burning debate over how much the Bush administration actually knew about the threat posed by Saddam Hussein's regime.

Let's go live to our Pentagon Correspondent Barbara Starr who broke the story earlier today -- Barbara. BARBARA STARR, CNN PENTAGON CORRESPONDENT: Wolf, indeed more controversy across Washington today about what the Bush administration did know about Iraq's weapons of mass destruction program.

(BEGIN VIDEOTAPE)

STARR (voice-over): On Capitol Hill, the director of the Defense Intelligence Agency said there was no doubt Iraq had a weapons of mass destruction program, but he acknowledged that in September, 2002, his own agency had trouble with key facts.

VICE ADM. LOWELL JACOBY, DEFENSE INTELL. AGENCY: We could not specifically pin down individual facilities operating as part of the weapons of mass destruction program, specifically the chemical warfare portion.

STARR: A one-page summary of the classified DIA September, 2002 report on Iraq had a stunning revelation. Just as the administration was saying Iraq posed a threat, the DIA was trying to figure out if Iraq still was trying to make new chemical weapons.

The report said: "There is no reliable information on whether Iraq is producing and stockpiling chemical weapons or where Iraq has or will establish its chemical warfare agent production facilities."

A senior administration official insisted that the intelligence was solid before the war telling CNN: "I take strong exception to any suggestion or conclusion that the Bush administration's decision to go to war is based on unreliable intelligence."

Since the war, U.S. troops have continued to look for these weapons but haven't found them. Still, the DIA says there was plenty to worry about because some chemical weapons facilities were being rebuilt. Most disturbing the DIA said there was unusual munitions transfer activity last year suggesting Iraq was distributing chemical weapons in preparation for an anticipated U.S. attack.

(END VIDEOTAPE)

STARR: Wolf, this report is now going to become another piece of information that Congress is certain to look at as it tries to determine whether the administration maybe overplayed the intelligence before it went to war against Iraq -- Wolf.

BLITZER: Barbara Starr, as usual, ahead of the curve on this one. Thanks Barbara very much.

U.N. nuclear inspectors today returned to Iraq, not to look for weapons, but to assess the damage at Baghdad's Al Tuwaitha Research Center. The facility was looted right after the war. It held uranium along with other radioactive materials. The inspectors will try to determine what's missing and they'll also try to re-secure the facility.

The IAEA says there is not enough material at Tuwaitha for a nuclear weapon but radioactive substances there could, could be used for a potential dirty bomb.

Meantime, the nuclear watchdog agency also has its eyes on Iran and has prepared a toughly-worded report about that nation's nuclear activities.

For that, let's turn to our National Security Correspondent David Ensor -- David.

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT: Well, Wolf, the language of the much anticipated report about Iran's nuclear programs began leaking out almost as soon as it was distributed to member governments of the international watchdog agency.

(BEGIN VIDEOTAPE)

ENSOR (voice-over): Recent revelations and satellite pictures of once secret Iranian facilities have heightened alarm that Tehran may be racing for a nuclear bomb. The report by the International Atomic Energy Agency is blunt.

"Iran has failed" it says "to meet its obligations under its safeguards agreement with respect to the reporting of nuclear material, the subsequent processing and use of that material, and a declaration of facilities where that material was stored and processed."

UNIDENTIFIED MALE: The report will put Iran on notice that there is a clock ticking, that they can't just stretch this thing out indefinitely.

ENSOR: The IAEA board of directors is scheduled to decide what to do next on June 16th. U.S. officials say the tough report should help. Most important of all is influencing Russia, which is building a nuclear power reactor for Iran, part of a nuclear program the oil rich Islamic republic insists is entirely peaceful.

(END VIDEOTAPE)

ENSOR: Many analysts say Iran will likely be a nuclear weapon state one day but much better if that should come about after the current regime of the mullahs is gone -- Wolf.

BLITZER: David Ensor thanks very much for that report.

And, just days after the Middle East peace process seem to getting a new lease of life will Hamas try to destroy it?

Our Jerusalem Correspondent Kelly Wallace has that story.

(BEGIN VIDEOTAPE)

KELLY WALLACE, CNN JERUSALEM CORRESPONDENT (voice-over): Anger on the streets of Gaza City as hundreds of members of the radical Palestinian group Hamas accuse the Palestinian prime minister of selling out to Israel and the United States. The group's leaders throwing down the gauntlet saying they are cutting off talks with Mahmoud Abbas, widely known as Abu Mazen, concerning any halt in attacks against Israelis.

"We have stopped the dialog with the authority because of its bad position which ignored the right of refugees, forgot the prisoners, ignored Jerusalem, and ignored the rest of our faithful causes" Hamas' spiritual leader said.

But the move represents a reversal because immediately following the Aqaba Summit, Hamas leaders said they were still willing to talk with the prime minister even as they rejected his call for an end to the armed intafada against Israel. What changed?

Two events Thursday seemed to be key a late night meeting of Hamas leaders and Israeli soldiers shooting and killing two members of Hamas inside a West Bank house.

Israeli security sources say the men were planning a suicide bombing attack and refused to surrender to the soldiers. But Palestinian sources say the men did not resist.

"They came last night and killed my son in front of my eyes" this woman said.

A senior Palestinian minister told CNN, "This Israeli military action was the reason that Hamas decided to stop the talks."

Late Friday, Prime Minister Abbas met with Palestinian President Yasser Arafat who has made it clear he's not impressed with Israel's offer so far. Mr. Abbas' aides stressed that they have not been notified by Hamas that the talks are over insisting the dialog will continue.

(on camera): It appears there may be some posturing by Hamas leaders. They don't want to be taken for granted but some agreement between the Palestinian prime minister and Hamas is essential if the Mid East roadmap is not to run into the sand.

Kelly Wallace, CNN, Jerusalem.

(END VIDEOTAPE)

BLITZER: And this important programming note. I'll discuss all these issues with the Secretary of State Colin Powell Sunday on "LATE EDITION." He's among my guests. That's Sunday at Noon Eastern, 9:00 a.m. Pacific.

Scott Peterson is back in court. Did the prosecution act improperly? We're live at Modesto where we may be hearing from lawyers on both sides at any moment.

Plus, back in the closet, at the Justice Department gay pride gets called off at least for some government workers.

And, he's out of there. Sammy Sosa gets the boot over a bad bat. We'll go live to Wrigley Field in Chicago.

First, today's news quiz. "Which of these hall of famers were banned or suspended from Major League Baseball at some point during their lifetime, Willie Mays, Mickey Mantle, Ferguson Jenkins, all of the above?" The answer coming up.

(COMMERCIAL BREAK)

BLITZER: Welcome back.

Lawyers in the Peterson murder case are meeting in a closed door session right now with the judge. They may talk to reporters afterward. We're standing by to bring it to you live if they do.

In the meantime, there was an open hearing earlier today with a decision on releasing the autopsy report.

CNN's Elaine Quijano is live for us in Modesto with all the details -- Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Hello to you, Wolf.

Well, despite a prosecution motion filed late last week requesting that all of the autopsy results on both Laci Peterson and her unborn son Conner be unsealed, the judge today decided against that keeping those documents out of the public.

Now, during those discussions in the courtroom today it was a very difficult time, an emotional time for Laci Peterson's mother, Sharon Rocha. She was sitting in the front row behind the prosecutor's desk there. She was visibly upset at one point, eventually had to leave the courtroom itself.

Now, prosecutors had wanted all of the autopsy results on Laci and Conner released to the public in response to what were some leaks late last week. Portions of the autopsy report specifically on Conner were reported in the media were reported in the media and the prosecution very quickly came back and filed its motion reversing its position and asking the judge to make those documents public again, though, the judge deciding against that.

Now, also today the issue of wiretaps, the intercepted phone conversations, not only between Scott Peterson and members of his defense team, but also members of the media.

Now, those reported phone calls will remain sealed for now. The media had been trying to get access to those calls. That will not be happening. It appears the judge saying that the calls will be made available to both the defense and the prosecution on June 17th unless there is an appeal by members of the media.

Now, as for the recordings of the phone calls between Scott Peterson and an attorney, those intercepts that the defense says violated attorney/client privilege, they will revisit that issue in a few weeks. And, finally on that gag order the judge did not issue a ruling on that, although we do expect one in the future. Today, defense attorney Mark Geragos argued against a gag order and he denied that leaks to the media were coming from him.

(BEGIN VIDEO CLIP)

MARK GERAGOS, SCOTT PETERSON'S DEFENSE ATTORNEY: I don't know how to find out where the leaks are coming from. I don't know how to plug the leaks, if you will, but this is a capital case.

(END VIDEO CLIP)

QUIJANO: Meantime, the prosecution continues to express concerns about leaks to the media and also concerns about pretrial publicity.

(BEGIN VIDEO CLIP)

JOHN GOULD, DEPUTY DISTRICT ATTORNEY: This case is going to end up in a jury trial. This case is going to end up before, as I see it, a jury, 12 people who are going to have to make a decision and what I want those people to be is not biased for me, not biased for the defense based on what they hear in the media.

(END VIDEO CLIP)

QUIJANO: Again, at this hour defense attorneys meeting behind closed doors with a different judge, the topic now whether or not to unseal eight search warrants that were obtained before Scott Peterson's arrest -- Wolf.

BLITZER: All right, Elaine Quijano for us in Modesto thanks Elaine very much.

Let's get some perspective on these developments from two of the best lawyers around, the former U.S. Attorney for the District of Columbia, Joe diGenova, he's here in Washington, and the famed criminal defense attorney Roy Black, he's in Coral Gables, Florida.

Joe, first to you, did the judge to the right thing by making sure that those autopsy reports remain sealed even thought the prosecution said go ahead and release them because they were partially leaked?

JOE DIGENOVA, FORMER U.S. ATTORNEY: Well, I think keeping as much information quiet as possible at this point is probably a good idea in an effort to tamp down the pretrial publicity. Ultimately, it will all come out so there's no harm to the public interest in keeping this information quiet for the moment. I think the judge did the right thing.

BLITZER: Roy, you agree?

ROY BLACK, CRIMINAL DEFENSE ATTORNEY: Yes, I think this case is beginning to spiral out of control. I mean there's so much comment, so much publicity. I think the judge has taken a conservative approach trying to keep it close to the vest. The only surprise that I saw is that he didn't enter a gag order.

DIGENOVA: Yes.

BLITZER: On that issue, let me read an e-mail to both of you and get your reaction. I'll read this one from Bob.

"The public's right to know does not outweigh Scott's right to a fair trial or the family's right to privacy. This pretrial media circus is unfair. The judge should impose a gag order."

Joe, is Bob right?

DIGENOVA: Well, I actually like gag orders, both as a prosecutor and as a defense attorney because I think it's important to tamp down the public atmosphere, particularly in very, very notorious cases. So, I'm surprised that he didn't issue a formal gag order. Maybe he will eventually.

BLITZER: Why wouldn't he issue a gag order? What's the downside of that, Roy?

BLACK: That's what I don't understand. I would think a conservative approach would be to enter it but from watching this judge, though, on the tape that I've seen, he's being very careful and very deliberate with what he does. But let me tell you allowing the lawyers to talk to the press and hype up this case anymore I think can cause real problems with a fair trial here.

BLITZER: Joe, when you were a U.S. attorney, a prosecutor, you used to get a lot of wiretaps and I assume sometimes defendant suspects were talking to their lawyers. What do you do in a situation like that to not violate attorney/client privilege?

DIGENOVA: Well, under federal you have to what's called minimize which means you turn it off. You don't record those conversations.

BLITZER: In this particular case those conversations were recorded though.

DIGENOVA: Yes, and that -- it will be a function of California state law and that's why they're having hearings to determine whether or not there should be sanctions for the continuation of the recording of those telephone calls because it clearly would violate the attorney/client privilege unless the attorney was conspiring with the client to violate the law, but there's no evidence of that in this case.

BLITZER: What do you think, Roy?

BLACK: Oh, the same thing. This is, I think, a serious possible violation if the detectives or even -- or the prosecutors listened in to these conversations. We had the same thing happen down here in the Noriega case where the federal authorities were taping his calls with his lawyers but they were able to prove they never got into prosecutors' hands. But let me tell you nothing can be more serious than the police or the prosecutors listening in to defense strategy between a lawyer and his client. That really flouts the whole idea of the Sixth Amendment right to a lawyer.

BLITZER: Joe, right now they're meeting behind closed doors with another judge to talk about releasing the search warrant documents. In there, there is supposedly some talk of a satanic cult and some sort of brown van, Geragos and his team suggesting that there could be a killer at large right now.

DIGENOVA: Well, I think that already has been shot down apparently by a leak that was given out that apparently the police have investigated that allegation twice and found it to be baseless.

I think the danger here for Mark Geragos, let me just say this for one moment, he has put out a number of theories about who might have committed this murder other than his client. If he does that and he puts out so many theories that people begin to think he's beginning to find reasons that don't exist in fact, he could harm his client immensely.

And, for example, this one was shot down today. The media jumped all over it saying that the defense had suffered a blow. This is why this kind of publicity can be very dangerous.

BLITZER: Very briefly to you, wrap it up on this point, Roy.

BLACK: Well, I think that, you know, smart lawyers keep their strategy close to the vest and you disclose it at the trial. You don't go out giving press conferences and giving everybody a chance to shoot down your theories because, as Joe said, you just lose credibility doing that.

BLITZER: All right, Roy Black, Joe diGenova stand by.

I want our viewers to take a look at a live picture right now from Modesto, California. We're going to be going there, back to the courthouse as soon as the lawyers emerge from this closed door session. Roy and Joe will be standing by with us.

And they'll also be standing by to talk about another high profile case later this hour, the Martha Stewart stock scandal. Will the queen of clean wind up in jail? That's coming up in our second half hour.

A ruling in an unusual case in Florida, a Muslim woman asked a judge to let her keep her veil on for her driver's license photo. Gerald Reznick of CNN affiliate WKMG in Orlando joins us now live with details of this fascinating case. Gerald, tell us about it.

GERALD REZNICK, WKMG CORRESPONDENT: Well, Wolf, I can tell you this that we really saw this as being the big battle between church and state, or we should say mosque and state, but the judge in this case found that Saltana Freeman's (ph) right to exercise Islam, her Islamic faith did not outweigh the rights of public safety and national security.

(BEGIN VIDEOTAPE)

REZNICK (voice-over): Within minutes of the judge's decision we caught up with Saltana Freeman and her husband Abdul Mallik leaving their Winter Park home and rushing to their attorney's office.

ABDUL MALLIK FREEMAN, HUSBAND: I guess we anticipated, we anticipated some things.

REZNICK: They anticipated Circuit Judge Janet Thorpe (ph) would side with the state. In her ruling, Thorpe found the Freemans did not prove lifting (unintelligible) Saltana's veil for driver's license photo would cause her hardship.

A. FREEMAN: Just with that statement you said she's going to have to lift a veil. That's out of the question. She's not lifting the veil. This is a religious principle.

REZNICK: They're now taking the case to the appellate level.

HOWARD MARKS, FREEMAN'S ATTORNEY: This is just found one in a long legal battle and my clients are aware of that as well as I am aware of that.

A. FREEMAN: We don't quit. We have a no-quit attitude because we're doing it in a appropriate way. We're not doing it the malicious way, the vicious way. We're doing it through the court system.

(END VIDEOTAPE)

REZNICK: And we should tell you that the Florida Attorney General Charlie Christ does applaud this decision. They were the defendants in this case. As for the Freemans they have 30 days to file in the Fifth District Court of Appeals in Daytona Beach. They plan to do that.

Reporting live for CNN, Gerald Reznick, Orlando -- Wolf.

BLITZER: Thanks Gerald very much for the good hussle.

We have much more news coming up, including this. The closet door apparently is closing at least for some over at the Justice Department. Find out why gay employees are being shut out of their own celebration. Is a new climate of intolerance setting the standard?

Plus, Martha Stewart reaches her boiling point. Is she fair game or the victim of a feeding frenzy?

And, the little horse that could, Funny Cide goes for the Triple Crown.

(COMMERCIAL BREAK)

BLITZER: There is a new controversy over at the Justice Department involving sexual orientation.

Our Justice Correspondent Kelli Arena is joining us now live with details -- Kelli.

KELLI ARENA, CNN JUSTICE CORRESPONDENT: Wolf, gay and lesbian employees at the Justice Department say that officials told them they will not be permitted to hold a gay pride event later this month.

DOJ Pride, which is a group of gay and lesbian Justice Department workers, say that members were told that they could not hold their annual event because the president has not formally proclaimed June as a gay pride month.

Justice Department Spokesman Barbara Comstock would only say that the issue was an internal matter and the White House referred us back to the Justice Department.

Well, gay employees at Justice point out that some conservative groups criticized the attorney general last year for holding a gay pride event and having Deputy Attorney General Larry Thompson speak at it.

And, the ACLU says the attorney general has gone back on his word. They say at his confirmation hearings, John Ashcroft promised that he would not change policies regarding the group or treat it differently than any other.

For some background here, Gay Pride Month is not recognized uniformly across government agencies. The Environmental Protection Agency held a gay pride event on Wednesday. The State Department has one scheduled for later in the month.

However, a member of a gay employee's organization at the Commerce Department says that his group was informed last year that the Commerce Department would no longer sponsor or participate in any such events, but he noted that gay employees can still use Commerce Department facilities for meetings, so very inconsistent -- Wolf.

BLITZER: All right, Kelli Arena with the latest on that, sure to be a controversy brewing right now. Kelli, thanks very much.

Here's your turn to weigh in on this story. Our web question of the day is this: "Should the Justice Department allow gay pride events for its employees?" We'll have the results later in this broadcast but you can vote at cnn.com/wolf.

While you're there, I'd love to hear from you. Send me your comments. I'll try to read some of them on the air each day at the end of this program. That's also, of course, where you can read my daily online column, cnn.com/wolf.

A U.S. Marine is facing charges he tried to kill a fellow Marine in Kuwait because he was having a relationship with the man's wife. Chief Warrant Officer Larry Framnas (ph) and Wendy Glass are accused of plotting to kill Glass' husband, also a Marine. Framnas allegedly lured Glass into a guard shack and detonated a grenade, injuring Glass. Framnas is being held at a Marine facility in California. Glass has recovered from his injuries and is back with his unit in Arizona. We'll continue to check out this story.

Martha Stewart big deal or bad wrap, the queen of clean in a big mess, but is it much ado about nothing? We'll talk about that when we return.

Also, battered by baseball, a role model for many children learns his punishment for breaking the rules.

And, NASA finds the smoking gun maybe, the big fiery test that may explain why the shuttle blew up.

First, let's take a look at other news making headlines around the world.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): French troops are on the ground in northeast Congo preparing the way for 1,400 European Union peacekeepers. More than 500 people have been killed in ethnic violence there since last month.

In Liberia, heavy fighting in a suburb of the capital as rebels seize control of refugee camps, it comes just days after President Charles Taylor was indicted on war crimes charges.

Representatives of the United Nations and Cambodia have reached a deal to bring former leaders of Khmer Rouge to trial for genocide. An estimated 1.7 million people died under the regime.

Half the world's population lives in poverty according to a report by the International Labor Organization. It says almost all of the three billion people are in developing countries.

Day two of the pope's visit to Croatia, his 100th trip abroad, tens of thousands turned out in Dubrovnik for a mass setting a Croatian nun on the road to sainthood.

And, today marks the anniversary of D-Day, the allied invasion of Nazi-occupied France. Ceremonies were held there commemorating the thousands killed 59 years ago today, and that's our look around the world.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

ANNOUNCER: CNN live this hour, WOLF BLITZER REPORTS live from the nation's capital, with correspondents from around the world.

Here now is Wolf Blitzer.

BLITZER: Welcome back to CNN. In a moment, fallout after broken trusts. Coming up, a role model for homemakers. Will Martha Stewart make a comeback, or will the justice system bring her down?

Also, a role model for children. A major slugger gets slapped with his punishment.

But first, let's check the latest headlines.

(NEWSBREAK)

BLITZER: The cancer drug at the center of the Martha Stewart stock scandal could be on the market next year. ImClone says it's submitting new data on the drug Erbitux to the FDA, which rejected a first application in December 2001. Martha Stewart sold her ImClone stock the day before, prompting allegations of insider trading.

Here to talk a little bit more about this unusual case, once again, the former U.S. attorney Joe diGenova. He's here in Washington; the criminal defense attorney Roy Black. He's in Coral Gables, Florida.

Joe, they couldn't prove, apparently, insider trading, so they're going with obstruction of justice. To a lot of people, that seems so unfair.

DIGENOVA: Well, it isn't, Wolf. It happens every day in the criminal justice system, and especially in the securities area, where obstruction has become really the basic charging offense in many of these cases.

Also, people don't realize that these cases are brought every day in small securities cases in New York all the time. The real truth here is that Martha Stewart is not being held to a higher standard. She was a member of the New York Stock Exchange Board. She was the chairman and CEO of a publicly traded company, and she is a former stockbroker who was listed on the New York Stock Exchange. So she was a pretty smart cookie.

By the way, I love her, and I've bought her products. So I hate to see this happen. But she's not being treated unfairly.

BLITZER: If you were representing her as a defense attorney, Roy, what would you say to Joe right now?

BLACK: It sounded like Joe was prosecuting the case, now that you mention it.

But the sad part about this case is that, when you read the indictment, it's pretty clear that she didn't commit the crime of insider trading. But unfortunately, as many people do she was frightened by it, and she covers it up, and, of course the coverup kills you more than anything else, and lying and obstructing justice are serious crimes, and that's really what she's facing.

On the other hand, some of these charges are a real stretch. BLITZER: Like what? Give me an example.

BLACK: Sure.

On count 9, for the first time I've ever heard of a person being charged with a crime because they publicly say they're innocent, and thereby people don't sell their stock, and that makes it securities fraud. How in the world can you be charged with a crime by publicly proclaiming your innocence?

BLITZER: That does sound Orwellian, doesn't it, Joe?

DIGENOVA: Actually, the idea of touting your company by taking certain public positions is, in fact, precisely covered. That's why people who are on the boards of companies are not permitted to make certain public statements about their companies or other companies.

BLITZER: So if they're accusing her of insider trading, she's supposed to remain silent and say I have no comment?

DIGENOVA: There are things she can say, but as someone who was in her position, she needs to do it through a lawyer.

The terrible thing about this case is that if Martha Stewart and Peter Bacanovic had not said anything to the investigators, had taken the Fifth, there would be no case against either one of them at this point. They'd have a one witness case; they never would never have been indicted.

If she -- on the other hand, if she had come in and admitted everything, there also would have been no case against her because they would not have brought....

(CROSSTALK)

BLACK: But Joe, one of the counts says that her lawyer made a statement to "The Wall Street Journal" that she was innocent, and they're claiming that's securities fraud. So this goes so far beyond the pail on some of the indictments.

However, some of it is very serious with the obstruction of justice. But this thing about false public statements is going too far.

DIGENOVA: The moral here is take the Fifth. Don't make false statements.

BLITZER: OK. All right. I think you're probably right on that.

Here's an e-mail from Robert. I want you to respond to this, Joe: "Martha Stewart has been singled out to be prosecuted. CEOs from companies like Enron, who absconded with employees' retirement funds and ruined thousands of lives, are not being pursued as diligently."

DIGENOVA: Well, that's nonsense. They are being pursued as diligently. The problem for Martha Stewart was she picked the wrong time to commit this crime in the middle of a corporate scandal era.

The Enron case is a much more complicated case. That investigation isn't over. People shouldn't make judgments about that.

BLITZER: A double standard under way, briefly, Roy?

BLACK: Well, I don't know that if it's a double standard, but to deny the fact that Martha was made a target because of her visibility is denying the truth.

And in fact, if anybody's making false statements here, it's the U.S. attorney in New York because clearly the fact that she has such a high profile figured into this -- and they love making examples of people like her.

DIGENOVA: I agreed that she was high profile, and one of the reasons was that she was on the New York Stock Exchange Board and she was the chairman and CEO of a publicly traded company and she was a former stock broker.

(CROSSTALK)

DIGENOVA: I don't think so, Roy, but that's a good argument.

BLITZER: All right. We'll continue this debate on another occasion. Two of the best, as I said earlier. Joe diGenova and Roy Black, thanks to both of you being...

(CROSSTALK)

BLITZER: ...today.

DIGENOVA: Thank you.

The former "New York Times" reporter who sparked a plagiarism scandal at the newspapers is talking about the resignation of two executive editors. Jayson Blair says he understands he played a significant role in the resignations of Howell Raines and Gerald Boyd. Blair is apologizing for his actions and blames it in part on what he says is his battle with mental illness.

(BEGIN VIDEO CLIP)

JAYSON BLAIR, FMR. "NEW YORK TIMES" WRITER: It's very complicated, and it has to do with my own human demons, my own weaknesses, and it ranges from, you know, my struggles with substance abuse to my own troubles with mental illness.

(END VIDEO CLIP)

BLITZER: Blair also says he intends to write about his experiences.

Now to a man who became a national hero for his batting power. Chicago Cubs outfielder Sammy Sosa got word on his punishment today for using what's called a corked bat. Our Chicago bureau chief, Jeff Flock, is standing by outside Wrigley Field in Chicago, where the cubs are gearing up to take on the New York Yankees in a three-game series.

That three games, I take it, Jeff, are going to be without Sammy Sosa?

JEFF FLOCK, CNN CHICAGO BUREAU CHIEF: Well, as a matter of fact, Wolf, no they're not, because he decided to go ahead and appeal that suspension, which means it will be put off until that's adjudicated. So he is playing today.

And unfortunately, he's about the only Cub who's doing anything right because perhaps you see, the Yankees are up there 5-0 over the Cubs. Sammy Sosa, though, since he got rid of the corked bat, has done pretty well. He got a base hit in his first at bat today.

And let's give you a look, Wolf, at some of the scenes outside Wrigley Field today. A big series with the Yankees, regardless of Sammy Sosa. And a lot of Yankee fans today came attired in sort of special Sammy gear. We met some guys from New Jersey that had cork necklaces in Sammy's honor.

Give a listen to what some of the folks out here at Wrigley Field are saying about Sammy today.

(BEGIN VIDEO CLIP)

FLOCK: Appreciate it. Thanks for the perspective.

UNIDENTIFIED MALE: Thank you.

FLOCK: Hope you didn't drink all of the wine you got the cork from...

UNIDENTIFIED MALE: He's still a great baseball player. Chances are he's going to hit the home runs anyway. But you know, you've got to ride him a little bit.

UNIDENTIFIED FEMALE: He did not do this on purpose. I believe in him and in my heart, I know it was a mistake.

UNIDENTIFIED MALE: Can I have a cork bat in the dugout? You're cheating. Cheating is cheating, and you ought to be kicked out.

FLOCK: And you're a Cub fan?

UNIDENTIFIED MALE: I'm a Cub fan.

(END VIDEO CLIP)

FLOCK: And Wolf, one other thing to report. The folks in your city actually honored Sammy Sosa earlier this week. Monday, the day before the bat corking incident, U.S. House of Representatives passed a resolution recognizing Sammy Sosa as a national role model and congratulating him on his 500 home runs. And of course, the next day, the whole bat mess. But they decided to go ahead and present him with this recognition, this Congressional resolution today. Congressman Luis Gutierrez of Chicago decided to go ahead with it. I talked to him about some people who have criticized him from going ahead with presenting him -- Sosa, that is, with that resolution. Congressman Gutierrez.

(BEGIN VIDEO CLIP)

REP. LUIS GUTIERREZ (D), ILLINOIS: He's taken responsibilities for his actions. He hasn't walked away. I think he showed good character and good sportsmanship in saying I made a mistake and I violated the rules and I should be punished.

FLOCK: But some people have questioned whether or not he's telling the truth when he said that was a mistake.

GUTIERREZ: You know, 80 bats later, still haven't found any cork in any of the other bats.

(END VIDEO CLIP)

BLITZER: And, Wolf, Congressman Gutierrez told me, if they had found any cork in the other bats, he would have just mailed Sammy Sosa that recognition. But he decided to go ahead and present it to him today because he thinks he's clean. Back to you.

BLITZER: Jeff, so the eight-game suspension doesn't go into effect until the appeals process plays itself out?

FLOCK: Exactly. And so he'll be able to play this whole Yankee series and probably into next week, depending on how it goes.

BLITZER: Jeff Flock, he's a baseball fan, as you can tell. Thanks very much, Jeff, for that report.

We have more sports news coming up. Funny Cide's Triple Crown quest. It's more than just sports. Will he become the first gelding to take the prize in 25 years?

Plus what brought down the space shuttle Columbia? The results of critical new tests just ahead.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): Earlier we asked: Which of these hall of famers were banned or suspended from Major League Baseball at some point during their lifetime? The answer: all of the above. Mays and Mantle were temporarily banned for involvement with gambling. Jenkins was suspended after being arrested for cocaine possession.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

BLITZER: Potentially critical tests today as investigators try to determine whether insulating foam may have been behind the crash of the space shuttle Columbia.

CNN's Miles O'Brien joining us now live from Atlanta. He knows a great deal about this.

Tell us about the results, Miles.

MILES O'BRIEN, CNN SPACE CORRESPONDENT: Well, Wolf, the question at hand is was it falling foam that caused a mortal wound to the space shuttle Columbia's wing? That's the theory embraced, you'll recall, by the independent board investigating the cause of the tragedy. And today in San Antonio, Texas, at a private testing facility, a crucial test offered their best evidence to date on that theory.

Now, in the test, engineers shot a pound-and-a-half piece of the hard foam used to insulate the shuttle fuel tanks toward a mockup of the shuttle wing at more than 500 miles an hour. The foam lodged in the seal between pieces of the carbon fiber panels that protect the leading edge of the shuttle's wing from the searing heat of re-entry. They created a long narrow gap, about a tenth of an inch. It also left a three-inch crack in the panel itself. Those panels and seals are critical as the leading wing of a shuttle wing faces a 3,000 degree blast furnace on a reentry from space and even a small breach would be catastrophic, creating a blow torch effect against the aluminum frame of the wing.

Now the test was designed to simulate the foam strike that hit the leading edge of Columbia's left wing 81 seconds after launch. You're familiar with this video by now. Sixteen days later, as the crew returned from space, Columbia disintegrated, the trouble beginning in the left wing. Investigators may never find a smoking gun, but this certainly puts them on very firm ground for calling this the probable cause at very least.

Now NASA had seen foam falling on several launches prior to Columbia, but mission managers discounted it as a safety risk, and the vexing question that we have on our minds this evening, Wolf, is why didn't they conduct a test like we saw today earlier? Wolf.

BLITZER: Good question. And presumably, more questioning is going to go on of the top officials at NASA as well. Thanks, Miles, for that report.

Funny Cide goes for a fairytale ending. We'll go live to Belmont when we return.

Stay with us.

(COMMERCIAL BREAK)

BLITZER: We have this story just coming into CNN. At more than $2.2 billion, it's Olympian sum. But NBC has outbid rivals ABC and Fox to win the U.S. broadcasting rights to the Olympics in the years 2010 and 2012, $2.2 billion.

Thoroughbred racing history may be in the making just over 24 hours from now. That's when a gelding, a castrated horse, gets set to become the first triple crown winner in a quarter century. CNN's Josie Karp is joining us now live from Belmont, where Funny Cide frenzy is going on. Tell us all about it, Josie.

JOSIE KARP, CNN CORRESPONDENT: Wolf, at this time tomorrow, if the weather holds up, they're expecting to have more than 100,000 people watch Funny Cide try to make history. You can bet that a lot of those people weren't necessarily horse racing fans until they learned a little bit about Funny Cide's story, in particular the story of the ten person ownership group and the six guys at the core of that group, they're Lifelong friends. They grew up in a tiny town in upstate New York. They're not particularly rich, they're not particularly famous, but they love to have a good time, and they are learning to become horse racing experts.

(BEGIN VIDEO CLIP)

JACKSON KNOWLTON, FUNNY CIDE OWNER: They've really learned a lot in the last couple of months to be honest with you. But, you know, it's different degrees of participation from the different partners. I mean, a couple of them, you know, really have been involved in coming to Saratoga and gambling and know all the tricks from many years ago. While others probably haven't been to the track more than a dozen times and still aren't real sure if we're talking about boxing this or wheeling that, just the lingo is.

(END VIDEO CLIP)

KARP: Even though these guys have won a little bit of money, they have remained true to their humble routes. They couldn't afford to take a luxury coach from the hotel to the track while they were at the Kentucky Derby, so they rented a yellow school bus. They continued that all the way through. They'll take a yellow school bus tomorrow, Wolf, but they'll need four now to accommodate the entire entourage -- Wolf.

BLITZER: All right, Josie Karp at Belmont. Thanks very much.

And straight from the record books, racing's last Triple Crown winner was Affirmed. The 3-year-old colt beat out his rival Alydar with jockey Steve Cauthen riding low on it's back. That was way back on June 10, 1978.

The man who will be calling tomorrow's race for television viewers is NBC's Tom Hammond. He's a veteran journalist with plum assignments that include NBC's coverage of the Triple Crown and Breeder's Cup. He's joining us now live from Elmont, New York.

With the chances of Funny Cide -- he is a favorite, but he's not the overwhelming favorite, is he, Tom?

TOM HAMMOND, NBC SPORTS: Wolf, that's correct. Empire Maker is his chief rival, the horse favored before the Derby six weeks ago. If we thought we were talking about a possible Triple Crown winner, it would be Empire Maker. But Funny Cide beat him in the Kentucky Derby. They're one and one in their rivalry head to head. And most people think it's going to be generally a two-horse race tomorrow, but Empire Maker and Funny Cide will be the one that finally square off when they get down to the wire.

BLITZER: Now Funny Cide is a gelding, a castrated horse. A lot of our viewers are not aficionados on all of this. Tell us why this is so unusual.

HAMMOND: Well, it's unusual because, if the horse has great blood lines or something, he's worth more as a stud horse, worth more when he retires to stud than he could win in purses at the racetrack. So if a horse has great blood lines would make a good stallion, then he is generally not castrated.

But in some cases, if they need the horse to grow more, if he's too unpractable, that they can't handle him, too mean, then they would castrate him. And in the case of Funny Cide, he had one undescended testicle that bothered him when he ran. So it's safe to say, had they not had the operation, he wouldn't the horse we're talking about in terms of the Triple Crown. He would not have been this good.

BLITZER: How unusual is it that there are only six horses running in this race tomorrow?

HAMMOND: Well, usually, if you have a horse going for a Triple Crown, a lot of others are sort of scared off. If you look at the average number of horses that have been involved in the race when the Triple Crown is won, it's only 5 point something, less than 6. So it's not unusual to have this few horses that will try Funny Cide and Empire Maker in the Belmont Stakes.

It plays into Funny Cide's hands, I think, in his bid to win the Triple Crown because a lot of times in horse racing, with a big field, there are traffic problems, and sometimes the horse's chances can be compromised because of just the number of horses in the race.

At Belmont Park, wide sweeping turns, only six horses, they sort themselves out over the mile and a half distance. It should be a really, truly run race.

BLITZER: Is horse racing making a rejuvenation? There's a book, "Seabiscuit," a best seller, major motion picture coming out this summer. Now Funny Cide, the extravaganza that's going on. What do you sense about horse racing in America today as opposed to a year, three years ago, five years ago?

HAMMOND: It's kind of an inching forward the last couple of years. It's one of the few sports that has shown a rise in popularity over the last couple of years. As you mentioned, Seabiscuit has been a huge shot in the arm for racing.

Now with the chance of a Triple Crown with a horse that has such a feel good fairy tale story. The owners, the working men from upstate New York, who in 1995 put up $5,000 each to start their stable. The trainer who had never had a Triple Crown horse before this year. The jockey who was unfairly accused of cheating in the Derby. He's now riding for redemption.

This has so many elements that you can identify with. It's an underdog. Americans love to root for the underdog. A New York-bred gelding. It has everything you would want in a fairy tale story. If he wins the Triple Crown, it will be huge for the sport of racing.

The other side of the story too is, because he is a gelding, he won't be retired to stud at the end of the year. He'll be racing a few more years and someone that the fans can identify with.

BLITZER: You want to make a quick prediction for us?

HAMMOND: I like Funny Cide. Six weeks ago, he would have been one of the few ones that I would have said had no chance. I didn't think he had a chance to win the Derby at a mile and a quarter. He convinced me he was a pretty good horse. In the Preakness, he astounded me with his performance. Now I think he has tactical speed, all the requisite ingredients to make a Triple Crown winner. I'm predicting Funny Cide.

BLITZER: Tom Hammond, we'll be watching you tomorrow on NBC Sports. Thanks for joining us.

HAMMOND: Thank you, Wolf.

BLITZER: Thank you.

And a police officer saves a runaway train. Amazing video we're just getting in right now. You'll have to see it to believe it when we return.

(COMMERCIAL BREAK)

BLITZER: Here's something you don't see every day. An amazing picture. A policeman in Idaho chased down a runaway train this afternoon, jumped on board and brought it to a stop. No one fortunately was hurt in the incident near Boise. The locomotive was first spotted rolling along at about 40 miles an hour when Corporal Dwayne Prescott (ph) started chase it down. He missed the first time he jumped on board, but then got on board, and fortunately, brought it to a halt. Good work.

Here's how you're weighing in on "Our Web Question of the Day". Should the Justice Department allow gay pride events for its employees. look at this, 63 percent of you say yes, 37 percent of you say no. As always, this is not a scientific poll.

A reminder, we're on every weekday 5 p.m. Eastern, 2 p.m. on the West Coast as well as noon Eastern. Coming up on Monday, Hillary Rodham Clinton's "Living History" reaches bookstore shelves. Will the book change your opinion of her? We'll have details on the that.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com




over How Much Administration Actually Knew About Threat Posed by Saddam>


Aired June 6, 2003 - 17:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEOTAPE)
WOLF BLITZER, CNN ANCHOR (voice-over): Crucial decisions in the Scott Peterson murder case. Who can speak? Who can listen? And, who can see the autopsy reports? I'll speak live with two top attorneys, Joe diGenova prosecuted high profile cases. Roy Black has defended many others.

As the White House pressed the case for disarming Iraq, did the Pentagon's own intelligence agency have doubts about Saddam Hussein's weapons?

Will Hamas try to blow up the Middle East peace process? Palestinian militants accuse their new prime minister of selling out to Israel.

And, Sammy Sosa will sit it out?

UNIDENTIFIED FEMALE: I think it's fair. It should be that way. They shouldn't let him just go off without any kind of consequence.

BLITZER: But Funny Cide will be up and running for the Triple Crown.

UNIDENTIFIED MALE: He can run over a plowed field. It just doesn't matter. He loves to race.

ANNOUNCER: CNN live this hour WOLF BLITZER REPORTS live from the nation's capital with correspondents from around the world. WOLF BLITZER REPORTS starts now.

(END VIDEOTAPE)

BLITZER: It's Friday, June 6, 2003. Hello from Washington. I'm Wolf Blitzer reporting.

A once top secret document about Iraq's weapons of mass destruction capability is now public and it's adding fuel to an already burning debate over how much the Bush administration actually knew about the threat posed by Saddam Hussein's regime.

Let's go live to our Pentagon Correspondent Barbara Starr who broke the story earlier today -- Barbara. BARBARA STARR, CNN PENTAGON CORRESPONDENT: Wolf, indeed more controversy across Washington today about what the Bush administration did know about Iraq's weapons of mass destruction program.

(BEGIN VIDEOTAPE)

STARR (voice-over): On Capitol Hill, the director of the Defense Intelligence Agency said there was no doubt Iraq had a weapons of mass destruction program, but he acknowledged that in September, 2002, his own agency had trouble with key facts.

VICE ADM. LOWELL JACOBY, DEFENSE INTELL. AGENCY: We could not specifically pin down individual facilities operating as part of the weapons of mass destruction program, specifically the chemical warfare portion.

STARR: A one-page summary of the classified DIA September, 2002 report on Iraq had a stunning revelation. Just as the administration was saying Iraq posed a threat, the DIA was trying to figure out if Iraq still was trying to make new chemical weapons.

The report said: "There is no reliable information on whether Iraq is producing and stockpiling chemical weapons or where Iraq has or will establish its chemical warfare agent production facilities."

A senior administration official insisted that the intelligence was solid before the war telling CNN: "I take strong exception to any suggestion or conclusion that the Bush administration's decision to go to war is based on unreliable intelligence."

Since the war, U.S. troops have continued to look for these weapons but haven't found them. Still, the DIA says there was plenty to worry about because some chemical weapons facilities were being rebuilt. Most disturbing the DIA said there was unusual munitions transfer activity last year suggesting Iraq was distributing chemical weapons in preparation for an anticipated U.S. attack.

(END VIDEOTAPE)

STARR: Wolf, this report is now going to become another piece of information that Congress is certain to look at as it tries to determine whether the administration maybe overplayed the intelligence before it went to war against Iraq -- Wolf.

BLITZER: Barbara Starr, as usual, ahead of the curve on this one. Thanks Barbara very much.

U.N. nuclear inspectors today returned to Iraq, not to look for weapons, but to assess the damage at Baghdad's Al Tuwaitha Research Center. The facility was looted right after the war. It held uranium along with other radioactive materials. The inspectors will try to determine what's missing and they'll also try to re-secure the facility.

The IAEA says there is not enough material at Tuwaitha for a nuclear weapon but radioactive substances there could, could be used for a potential dirty bomb.

Meantime, the nuclear watchdog agency also has its eyes on Iran and has prepared a toughly-worded report about that nation's nuclear activities.

For that, let's turn to our National Security Correspondent David Ensor -- David.

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT: Well, Wolf, the language of the much anticipated report about Iran's nuclear programs began leaking out almost as soon as it was distributed to member governments of the international watchdog agency.

(BEGIN VIDEOTAPE)

ENSOR (voice-over): Recent revelations and satellite pictures of once secret Iranian facilities have heightened alarm that Tehran may be racing for a nuclear bomb. The report by the International Atomic Energy Agency is blunt.

"Iran has failed" it says "to meet its obligations under its safeguards agreement with respect to the reporting of nuclear material, the subsequent processing and use of that material, and a declaration of facilities where that material was stored and processed."

UNIDENTIFIED MALE: The report will put Iran on notice that there is a clock ticking, that they can't just stretch this thing out indefinitely.

ENSOR: The IAEA board of directors is scheduled to decide what to do next on June 16th. U.S. officials say the tough report should help. Most important of all is influencing Russia, which is building a nuclear power reactor for Iran, part of a nuclear program the oil rich Islamic republic insists is entirely peaceful.

(END VIDEOTAPE)

ENSOR: Many analysts say Iran will likely be a nuclear weapon state one day but much better if that should come about after the current regime of the mullahs is gone -- Wolf.

BLITZER: David Ensor thanks very much for that report.

And, just days after the Middle East peace process seem to getting a new lease of life will Hamas try to destroy it?

Our Jerusalem Correspondent Kelly Wallace has that story.

(BEGIN VIDEOTAPE)

KELLY WALLACE, CNN JERUSALEM CORRESPONDENT (voice-over): Anger on the streets of Gaza City as hundreds of members of the radical Palestinian group Hamas accuse the Palestinian prime minister of selling out to Israel and the United States. The group's leaders throwing down the gauntlet saying they are cutting off talks with Mahmoud Abbas, widely known as Abu Mazen, concerning any halt in attacks against Israelis.

"We have stopped the dialog with the authority because of its bad position which ignored the right of refugees, forgot the prisoners, ignored Jerusalem, and ignored the rest of our faithful causes" Hamas' spiritual leader said.

But the move represents a reversal because immediately following the Aqaba Summit, Hamas leaders said they were still willing to talk with the prime minister even as they rejected his call for an end to the armed intafada against Israel. What changed?

Two events Thursday seemed to be key a late night meeting of Hamas leaders and Israeli soldiers shooting and killing two members of Hamas inside a West Bank house.

Israeli security sources say the men were planning a suicide bombing attack and refused to surrender to the soldiers. But Palestinian sources say the men did not resist.

"They came last night and killed my son in front of my eyes" this woman said.

A senior Palestinian minister told CNN, "This Israeli military action was the reason that Hamas decided to stop the talks."

Late Friday, Prime Minister Abbas met with Palestinian President Yasser Arafat who has made it clear he's not impressed with Israel's offer so far. Mr. Abbas' aides stressed that they have not been notified by Hamas that the talks are over insisting the dialog will continue.

(on camera): It appears there may be some posturing by Hamas leaders. They don't want to be taken for granted but some agreement between the Palestinian prime minister and Hamas is essential if the Mid East roadmap is not to run into the sand.

Kelly Wallace, CNN, Jerusalem.

(END VIDEOTAPE)

BLITZER: And this important programming note. I'll discuss all these issues with the Secretary of State Colin Powell Sunday on "LATE EDITION." He's among my guests. That's Sunday at Noon Eastern, 9:00 a.m. Pacific.

Scott Peterson is back in court. Did the prosecution act improperly? We're live at Modesto where we may be hearing from lawyers on both sides at any moment.

Plus, back in the closet, at the Justice Department gay pride gets called off at least for some government workers.

And, he's out of there. Sammy Sosa gets the boot over a bad bat. We'll go live to Wrigley Field in Chicago.

First, today's news quiz. "Which of these hall of famers were banned or suspended from Major League Baseball at some point during their lifetime, Willie Mays, Mickey Mantle, Ferguson Jenkins, all of the above?" The answer coming up.

(COMMERCIAL BREAK)

BLITZER: Welcome back.

Lawyers in the Peterson murder case are meeting in a closed door session right now with the judge. They may talk to reporters afterward. We're standing by to bring it to you live if they do.

In the meantime, there was an open hearing earlier today with a decision on releasing the autopsy report.

CNN's Elaine Quijano is live for us in Modesto with all the details -- Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Hello to you, Wolf.

Well, despite a prosecution motion filed late last week requesting that all of the autopsy results on both Laci Peterson and her unborn son Conner be unsealed, the judge today decided against that keeping those documents out of the public.

Now, during those discussions in the courtroom today it was a very difficult time, an emotional time for Laci Peterson's mother, Sharon Rocha. She was sitting in the front row behind the prosecutor's desk there. She was visibly upset at one point, eventually had to leave the courtroom itself.

Now, prosecutors had wanted all of the autopsy results on Laci and Conner released to the public in response to what were some leaks late last week. Portions of the autopsy report specifically on Conner were reported in the media were reported in the media and the prosecution very quickly came back and filed its motion reversing its position and asking the judge to make those documents public again, though, the judge deciding against that.

Now, also today the issue of wiretaps, the intercepted phone conversations, not only between Scott Peterson and members of his defense team, but also members of the media.

Now, those reported phone calls will remain sealed for now. The media had been trying to get access to those calls. That will not be happening. It appears the judge saying that the calls will be made available to both the defense and the prosecution on June 17th unless there is an appeal by members of the media.

Now, as for the recordings of the phone calls between Scott Peterson and an attorney, those intercepts that the defense says violated attorney/client privilege, they will revisit that issue in a few weeks. And, finally on that gag order the judge did not issue a ruling on that, although we do expect one in the future. Today, defense attorney Mark Geragos argued against a gag order and he denied that leaks to the media were coming from him.

(BEGIN VIDEO CLIP)

MARK GERAGOS, SCOTT PETERSON'S DEFENSE ATTORNEY: I don't know how to find out where the leaks are coming from. I don't know how to plug the leaks, if you will, but this is a capital case.

(END VIDEO CLIP)

QUIJANO: Meantime, the prosecution continues to express concerns about leaks to the media and also concerns about pretrial publicity.

(BEGIN VIDEO CLIP)

JOHN GOULD, DEPUTY DISTRICT ATTORNEY: This case is going to end up in a jury trial. This case is going to end up before, as I see it, a jury, 12 people who are going to have to make a decision and what I want those people to be is not biased for me, not biased for the defense based on what they hear in the media.

(END VIDEO CLIP)

QUIJANO: Again, at this hour defense attorneys meeting behind closed doors with a different judge, the topic now whether or not to unseal eight search warrants that were obtained before Scott Peterson's arrest -- Wolf.

BLITZER: All right, Elaine Quijano for us in Modesto thanks Elaine very much.

Let's get some perspective on these developments from two of the best lawyers around, the former U.S. Attorney for the District of Columbia, Joe diGenova, he's here in Washington, and the famed criminal defense attorney Roy Black, he's in Coral Gables, Florida.

Joe, first to you, did the judge to the right thing by making sure that those autopsy reports remain sealed even thought the prosecution said go ahead and release them because they were partially leaked?

JOE DIGENOVA, FORMER U.S. ATTORNEY: Well, I think keeping as much information quiet as possible at this point is probably a good idea in an effort to tamp down the pretrial publicity. Ultimately, it will all come out so there's no harm to the public interest in keeping this information quiet for the moment. I think the judge did the right thing.

BLITZER: Roy, you agree?

ROY BLACK, CRIMINAL DEFENSE ATTORNEY: Yes, I think this case is beginning to spiral out of control. I mean there's so much comment, so much publicity. I think the judge has taken a conservative approach trying to keep it close to the vest. The only surprise that I saw is that he didn't enter a gag order.

DIGENOVA: Yes.

BLITZER: On that issue, let me read an e-mail to both of you and get your reaction. I'll read this one from Bob.

"The public's right to know does not outweigh Scott's right to a fair trial or the family's right to privacy. This pretrial media circus is unfair. The judge should impose a gag order."

Joe, is Bob right?

DIGENOVA: Well, I actually like gag orders, both as a prosecutor and as a defense attorney because I think it's important to tamp down the public atmosphere, particularly in very, very notorious cases. So, I'm surprised that he didn't issue a formal gag order. Maybe he will eventually.

BLITZER: Why wouldn't he issue a gag order? What's the downside of that, Roy?

BLACK: That's what I don't understand. I would think a conservative approach would be to enter it but from watching this judge, though, on the tape that I've seen, he's being very careful and very deliberate with what he does. But let me tell you allowing the lawyers to talk to the press and hype up this case anymore I think can cause real problems with a fair trial here.

BLITZER: Joe, when you were a U.S. attorney, a prosecutor, you used to get a lot of wiretaps and I assume sometimes defendant suspects were talking to their lawyers. What do you do in a situation like that to not violate attorney/client privilege?

DIGENOVA: Well, under federal you have to what's called minimize which means you turn it off. You don't record those conversations.

BLITZER: In this particular case those conversations were recorded though.

DIGENOVA: Yes, and that -- it will be a function of California state law and that's why they're having hearings to determine whether or not there should be sanctions for the continuation of the recording of those telephone calls because it clearly would violate the attorney/client privilege unless the attorney was conspiring with the client to violate the law, but there's no evidence of that in this case.

BLITZER: What do you think, Roy?

BLACK: Oh, the same thing. This is, I think, a serious possible violation if the detectives or even -- or the prosecutors listened in to these conversations. We had the same thing happen down here in the Noriega case where the federal authorities were taping his calls with his lawyers but they were able to prove they never got into prosecutors' hands. But let me tell you nothing can be more serious than the police or the prosecutors listening in to defense strategy between a lawyer and his client. That really flouts the whole idea of the Sixth Amendment right to a lawyer.

BLITZER: Joe, right now they're meeting behind closed doors with another judge to talk about releasing the search warrant documents. In there, there is supposedly some talk of a satanic cult and some sort of brown van, Geragos and his team suggesting that there could be a killer at large right now.

DIGENOVA: Well, I think that already has been shot down apparently by a leak that was given out that apparently the police have investigated that allegation twice and found it to be baseless.

I think the danger here for Mark Geragos, let me just say this for one moment, he has put out a number of theories about who might have committed this murder other than his client. If he does that and he puts out so many theories that people begin to think he's beginning to find reasons that don't exist in fact, he could harm his client immensely.

And, for example, this one was shot down today. The media jumped all over it saying that the defense had suffered a blow. This is why this kind of publicity can be very dangerous.

BLITZER: Very briefly to you, wrap it up on this point, Roy.

BLACK: Well, I think that, you know, smart lawyers keep their strategy close to the vest and you disclose it at the trial. You don't go out giving press conferences and giving everybody a chance to shoot down your theories because, as Joe said, you just lose credibility doing that.

BLITZER: All right, Roy Black, Joe diGenova stand by.

I want our viewers to take a look at a live picture right now from Modesto, California. We're going to be going there, back to the courthouse as soon as the lawyers emerge from this closed door session. Roy and Joe will be standing by with us.

And they'll also be standing by to talk about another high profile case later this hour, the Martha Stewart stock scandal. Will the queen of clean wind up in jail? That's coming up in our second half hour.

A ruling in an unusual case in Florida, a Muslim woman asked a judge to let her keep her veil on for her driver's license photo. Gerald Reznick of CNN affiliate WKMG in Orlando joins us now live with details of this fascinating case. Gerald, tell us about it.

GERALD REZNICK, WKMG CORRESPONDENT: Well, Wolf, I can tell you this that we really saw this as being the big battle between church and state, or we should say mosque and state, but the judge in this case found that Saltana Freeman's (ph) right to exercise Islam, her Islamic faith did not outweigh the rights of public safety and national security.

(BEGIN VIDEOTAPE)

REZNICK (voice-over): Within minutes of the judge's decision we caught up with Saltana Freeman and her husband Abdul Mallik leaving their Winter Park home and rushing to their attorney's office.

ABDUL MALLIK FREEMAN, HUSBAND: I guess we anticipated, we anticipated some things.

REZNICK: They anticipated Circuit Judge Janet Thorpe (ph) would side with the state. In her ruling, Thorpe found the Freemans did not prove lifting (unintelligible) Saltana's veil for driver's license photo would cause her hardship.

A. FREEMAN: Just with that statement you said she's going to have to lift a veil. That's out of the question. She's not lifting the veil. This is a religious principle.

REZNICK: They're now taking the case to the appellate level.

HOWARD MARKS, FREEMAN'S ATTORNEY: This is just found one in a long legal battle and my clients are aware of that as well as I am aware of that.

A. FREEMAN: We don't quit. We have a no-quit attitude because we're doing it in a appropriate way. We're not doing it the malicious way, the vicious way. We're doing it through the court system.

(END VIDEOTAPE)

REZNICK: And we should tell you that the Florida Attorney General Charlie Christ does applaud this decision. They were the defendants in this case. As for the Freemans they have 30 days to file in the Fifth District Court of Appeals in Daytona Beach. They plan to do that.

Reporting live for CNN, Gerald Reznick, Orlando -- Wolf.

BLITZER: Thanks Gerald very much for the good hussle.

We have much more news coming up, including this. The closet door apparently is closing at least for some over at the Justice Department. Find out why gay employees are being shut out of their own celebration. Is a new climate of intolerance setting the standard?

Plus, Martha Stewart reaches her boiling point. Is she fair game or the victim of a feeding frenzy?

And, the little horse that could, Funny Cide goes for the Triple Crown.

(COMMERCIAL BREAK)

BLITZER: There is a new controversy over at the Justice Department involving sexual orientation.

Our Justice Correspondent Kelli Arena is joining us now live with details -- Kelli.

KELLI ARENA, CNN JUSTICE CORRESPONDENT: Wolf, gay and lesbian employees at the Justice Department say that officials told them they will not be permitted to hold a gay pride event later this month.

DOJ Pride, which is a group of gay and lesbian Justice Department workers, say that members were told that they could not hold their annual event because the president has not formally proclaimed June as a gay pride month.

Justice Department Spokesman Barbara Comstock would only say that the issue was an internal matter and the White House referred us back to the Justice Department.

Well, gay employees at Justice point out that some conservative groups criticized the attorney general last year for holding a gay pride event and having Deputy Attorney General Larry Thompson speak at it.

And, the ACLU says the attorney general has gone back on his word. They say at his confirmation hearings, John Ashcroft promised that he would not change policies regarding the group or treat it differently than any other.

For some background here, Gay Pride Month is not recognized uniformly across government agencies. The Environmental Protection Agency held a gay pride event on Wednesday. The State Department has one scheduled for later in the month.

However, a member of a gay employee's organization at the Commerce Department says that his group was informed last year that the Commerce Department would no longer sponsor or participate in any such events, but he noted that gay employees can still use Commerce Department facilities for meetings, so very inconsistent -- Wolf.

BLITZER: All right, Kelli Arena with the latest on that, sure to be a controversy brewing right now. Kelli, thanks very much.

Here's your turn to weigh in on this story. Our web question of the day is this: "Should the Justice Department allow gay pride events for its employees?" We'll have the results later in this broadcast but you can vote at cnn.com/wolf.

While you're there, I'd love to hear from you. Send me your comments. I'll try to read some of them on the air each day at the end of this program. That's also, of course, where you can read my daily online column, cnn.com/wolf.

A U.S. Marine is facing charges he tried to kill a fellow Marine in Kuwait because he was having a relationship with the man's wife. Chief Warrant Officer Larry Framnas (ph) and Wendy Glass are accused of plotting to kill Glass' husband, also a Marine. Framnas allegedly lured Glass into a guard shack and detonated a grenade, injuring Glass. Framnas is being held at a Marine facility in California. Glass has recovered from his injuries and is back with his unit in Arizona. We'll continue to check out this story.

Martha Stewart big deal or bad wrap, the queen of clean in a big mess, but is it much ado about nothing? We'll talk about that when we return.

Also, battered by baseball, a role model for many children learns his punishment for breaking the rules.

And, NASA finds the smoking gun maybe, the big fiery test that may explain why the shuttle blew up.

First, let's take a look at other news making headlines around the world.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): French troops are on the ground in northeast Congo preparing the way for 1,400 European Union peacekeepers. More than 500 people have been killed in ethnic violence there since last month.

In Liberia, heavy fighting in a suburb of the capital as rebels seize control of refugee camps, it comes just days after President Charles Taylor was indicted on war crimes charges.

Representatives of the United Nations and Cambodia have reached a deal to bring former leaders of Khmer Rouge to trial for genocide. An estimated 1.7 million people died under the regime.

Half the world's population lives in poverty according to a report by the International Labor Organization. It says almost all of the three billion people are in developing countries.

Day two of the pope's visit to Croatia, his 100th trip abroad, tens of thousands turned out in Dubrovnik for a mass setting a Croatian nun on the road to sainthood.

And, today marks the anniversary of D-Day, the allied invasion of Nazi-occupied France. Ceremonies were held there commemorating the thousands killed 59 years ago today, and that's our look around the world.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

ANNOUNCER: CNN live this hour, WOLF BLITZER REPORTS live from the nation's capital, with correspondents from around the world.

Here now is Wolf Blitzer.

BLITZER: Welcome back to CNN. In a moment, fallout after broken trusts. Coming up, a role model for homemakers. Will Martha Stewart make a comeback, or will the justice system bring her down?

Also, a role model for children. A major slugger gets slapped with his punishment.

But first, let's check the latest headlines.

(NEWSBREAK)

BLITZER: The cancer drug at the center of the Martha Stewart stock scandal could be on the market next year. ImClone says it's submitting new data on the drug Erbitux to the FDA, which rejected a first application in December 2001. Martha Stewart sold her ImClone stock the day before, prompting allegations of insider trading.

Here to talk a little bit more about this unusual case, once again, the former U.S. attorney Joe diGenova. He's here in Washington; the criminal defense attorney Roy Black. He's in Coral Gables, Florida.

Joe, they couldn't prove, apparently, insider trading, so they're going with obstruction of justice. To a lot of people, that seems so unfair.

DIGENOVA: Well, it isn't, Wolf. It happens every day in the criminal justice system, and especially in the securities area, where obstruction has become really the basic charging offense in many of these cases.

Also, people don't realize that these cases are brought every day in small securities cases in New York all the time. The real truth here is that Martha Stewart is not being held to a higher standard. She was a member of the New York Stock Exchange Board. She was the chairman and CEO of a publicly traded company, and she is a former stockbroker who was listed on the New York Stock Exchange. So she was a pretty smart cookie.

By the way, I love her, and I've bought her products. So I hate to see this happen. But she's not being treated unfairly.

BLITZER: If you were representing her as a defense attorney, Roy, what would you say to Joe right now?

BLACK: It sounded like Joe was prosecuting the case, now that you mention it.

But the sad part about this case is that, when you read the indictment, it's pretty clear that she didn't commit the crime of insider trading. But unfortunately, as many people do she was frightened by it, and she covers it up, and, of course the coverup kills you more than anything else, and lying and obstructing justice are serious crimes, and that's really what she's facing.

On the other hand, some of these charges are a real stretch. BLITZER: Like what? Give me an example.

BLACK: Sure.

On count 9, for the first time I've ever heard of a person being charged with a crime because they publicly say they're innocent, and thereby people don't sell their stock, and that makes it securities fraud. How in the world can you be charged with a crime by publicly proclaiming your innocence?

BLITZER: That does sound Orwellian, doesn't it, Joe?

DIGENOVA: Actually, the idea of touting your company by taking certain public positions is, in fact, precisely covered. That's why people who are on the boards of companies are not permitted to make certain public statements about their companies or other companies.

BLITZER: So if they're accusing her of insider trading, she's supposed to remain silent and say I have no comment?

DIGENOVA: There are things she can say, but as someone who was in her position, she needs to do it through a lawyer.

The terrible thing about this case is that if Martha Stewart and Peter Bacanovic had not said anything to the investigators, had taken the Fifth, there would be no case against either one of them at this point. They'd have a one witness case; they never would never have been indicted.

If she -- on the other hand, if she had come in and admitted everything, there also would have been no case against her because they would not have brought....

(CROSSTALK)

BLACK: But Joe, one of the counts says that her lawyer made a statement to "The Wall Street Journal" that she was innocent, and they're claiming that's securities fraud. So this goes so far beyond the pail on some of the indictments.

However, some of it is very serious with the obstruction of justice. But this thing about false public statements is going too far.

DIGENOVA: The moral here is take the Fifth. Don't make false statements.

BLITZER: OK. All right. I think you're probably right on that.

Here's an e-mail from Robert. I want you to respond to this, Joe: "Martha Stewart has been singled out to be prosecuted. CEOs from companies like Enron, who absconded with employees' retirement funds and ruined thousands of lives, are not being pursued as diligently."

DIGENOVA: Well, that's nonsense. They are being pursued as diligently. The problem for Martha Stewart was she picked the wrong time to commit this crime in the middle of a corporate scandal era.

The Enron case is a much more complicated case. That investigation isn't over. People shouldn't make judgments about that.

BLITZER: A double standard under way, briefly, Roy?

BLACK: Well, I don't know that if it's a double standard, but to deny the fact that Martha was made a target because of her visibility is denying the truth.

And in fact, if anybody's making false statements here, it's the U.S. attorney in New York because clearly the fact that she has such a high profile figured into this -- and they love making examples of people like her.

DIGENOVA: I agreed that she was high profile, and one of the reasons was that she was on the New York Stock Exchange Board and she was the chairman and CEO of a publicly traded company and she was a former stock broker.

(CROSSTALK)

DIGENOVA: I don't think so, Roy, but that's a good argument.

BLITZER: All right. We'll continue this debate on another occasion. Two of the best, as I said earlier. Joe diGenova and Roy Black, thanks to both of you being...

(CROSSTALK)

BLITZER: ...today.

DIGENOVA: Thank you.

The former "New York Times" reporter who sparked a plagiarism scandal at the newspapers is talking about the resignation of two executive editors. Jayson Blair says he understands he played a significant role in the resignations of Howell Raines and Gerald Boyd. Blair is apologizing for his actions and blames it in part on what he says is his battle with mental illness.

(BEGIN VIDEO CLIP)

JAYSON BLAIR, FMR. "NEW YORK TIMES" WRITER: It's very complicated, and it has to do with my own human demons, my own weaknesses, and it ranges from, you know, my struggles with substance abuse to my own troubles with mental illness.

(END VIDEO CLIP)

BLITZER: Blair also says he intends to write about his experiences.

Now to a man who became a national hero for his batting power. Chicago Cubs outfielder Sammy Sosa got word on his punishment today for using what's called a corked bat. Our Chicago bureau chief, Jeff Flock, is standing by outside Wrigley Field in Chicago, where the cubs are gearing up to take on the New York Yankees in a three-game series.

That three games, I take it, Jeff, are going to be without Sammy Sosa?

JEFF FLOCK, CNN CHICAGO BUREAU CHIEF: Well, as a matter of fact, Wolf, no they're not, because he decided to go ahead and appeal that suspension, which means it will be put off until that's adjudicated. So he is playing today.

And unfortunately, he's about the only Cub who's doing anything right because perhaps you see, the Yankees are up there 5-0 over the Cubs. Sammy Sosa, though, since he got rid of the corked bat, has done pretty well. He got a base hit in his first at bat today.

And let's give you a look, Wolf, at some of the scenes outside Wrigley Field today. A big series with the Yankees, regardless of Sammy Sosa. And a lot of Yankee fans today came attired in sort of special Sammy gear. We met some guys from New Jersey that had cork necklaces in Sammy's honor.

Give a listen to what some of the folks out here at Wrigley Field are saying about Sammy today.

(BEGIN VIDEO CLIP)

FLOCK: Appreciate it. Thanks for the perspective.

UNIDENTIFIED MALE: Thank you.

FLOCK: Hope you didn't drink all of the wine you got the cork from...

UNIDENTIFIED MALE: He's still a great baseball player. Chances are he's going to hit the home runs anyway. But you know, you've got to ride him a little bit.

UNIDENTIFIED FEMALE: He did not do this on purpose. I believe in him and in my heart, I know it was a mistake.

UNIDENTIFIED MALE: Can I have a cork bat in the dugout? You're cheating. Cheating is cheating, and you ought to be kicked out.

FLOCK: And you're a Cub fan?

UNIDENTIFIED MALE: I'm a Cub fan.

(END VIDEO CLIP)

FLOCK: And Wolf, one other thing to report. The folks in your city actually honored Sammy Sosa earlier this week. Monday, the day before the bat corking incident, U.S. House of Representatives passed a resolution recognizing Sammy Sosa as a national role model and congratulating him on his 500 home runs. And of course, the next day, the whole bat mess. But they decided to go ahead and present him with this recognition, this Congressional resolution today. Congressman Luis Gutierrez of Chicago decided to go ahead with it. I talked to him about some people who have criticized him from going ahead with presenting him -- Sosa, that is, with that resolution. Congressman Gutierrez.

(BEGIN VIDEO CLIP)

REP. LUIS GUTIERREZ (D), ILLINOIS: He's taken responsibilities for his actions. He hasn't walked away. I think he showed good character and good sportsmanship in saying I made a mistake and I violated the rules and I should be punished.

FLOCK: But some people have questioned whether or not he's telling the truth when he said that was a mistake.

GUTIERREZ: You know, 80 bats later, still haven't found any cork in any of the other bats.

(END VIDEO CLIP)

BLITZER: And, Wolf, Congressman Gutierrez told me, if they had found any cork in the other bats, he would have just mailed Sammy Sosa that recognition. But he decided to go ahead and present it to him today because he thinks he's clean. Back to you.

BLITZER: Jeff, so the eight-game suspension doesn't go into effect until the appeals process plays itself out?

FLOCK: Exactly. And so he'll be able to play this whole Yankee series and probably into next week, depending on how it goes.

BLITZER: Jeff Flock, he's a baseball fan, as you can tell. Thanks very much, Jeff, for that report.

We have more sports news coming up. Funny Cide's Triple Crown quest. It's more than just sports. Will he become the first gelding to take the prize in 25 years?

Plus what brought down the space shuttle Columbia? The results of critical new tests just ahead.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): Earlier we asked: Which of these hall of famers were banned or suspended from Major League Baseball at some point during their lifetime? The answer: all of the above. Mays and Mantle were temporarily banned for involvement with gambling. Jenkins was suspended after being arrested for cocaine possession.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

BLITZER: Potentially critical tests today as investigators try to determine whether insulating foam may have been behind the crash of the space shuttle Columbia.

CNN's Miles O'Brien joining us now live from Atlanta. He knows a great deal about this.

Tell us about the results, Miles.

MILES O'BRIEN, CNN SPACE CORRESPONDENT: Well, Wolf, the question at hand is was it falling foam that caused a mortal wound to the space shuttle Columbia's wing? That's the theory embraced, you'll recall, by the independent board investigating the cause of the tragedy. And today in San Antonio, Texas, at a private testing facility, a crucial test offered their best evidence to date on that theory.

Now, in the test, engineers shot a pound-and-a-half piece of the hard foam used to insulate the shuttle fuel tanks toward a mockup of the shuttle wing at more than 500 miles an hour. The foam lodged in the seal between pieces of the carbon fiber panels that protect the leading edge of the shuttle's wing from the searing heat of re-entry. They created a long narrow gap, about a tenth of an inch. It also left a three-inch crack in the panel itself. Those panels and seals are critical as the leading wing of a shuttle wing faces a 3,000 degree blast furnace on a reentry from space and even a small breach would be catastrophic, creating a blow torch effect against the aluminum frame of the wing.

Now the test was designed to simulate the foam strike that hit the leading edge of Columbia's left wing 81 seconds after launch. You're familiar with this video by now. Sixteen days later, as the crew returned from space, Columbia disintegrated, the trouble beginning in the left wing. Investigators may never find a smoking gun, but this certainly puts them on very firm ground for calling this the probable cause at very least.

Now NASA had seen foam falling on several launches prior to Columbia, but mission managers discounted it as a safety risk, and the vexing question that we have on our minds this evening, Wolf, is why didn't they conduct a test like we saw today earlier? Wolf.

BLITZER: Good question. And presumably, more questioning is going to go on of the top officials at NASA as well. Thanks, Miles, for that report.

Funny Cide goes for a fairytale ending. We'll go live to Belmont when we return.

Stay with us.

(COMMERCIAL BREAK)

BLITZER: We have this story just coming into CNN. At more than $2.2 billion, it's Olympian sum. But NBC has outbid rivals ABC and Fox to win the U.S. broadcasting rights to the Olympics in the years 2010 and 2012, $2.2 billion.

Thoroughbred racing history may be in the making just over 24 hours from now. That's when a gelding, a castrated horse, gets set to become the first triple crown winner in a quarter century. CNN's Josie Karp is joining us now live from Belmont, where Funny Cide frenzy is going on. Tell us all about it, Josie.

JOSIE KARP, CNN CORRESPONDENT: Wolf, at this time tomorrow, if the weather holds up, they're expecting to have more than 100,000 people watch Funny Cide try to make history. You can bet that a lot of those people weren't necessarily horse racing fans until they learned a little bit about Funny Cide's story, in particular the story of the ten person ownership group and the six guys at the core of that group, they're Lifelong friends. They grew up in a tiny town in upstate New York. They're not particularly rich, they're not particularly famous, but they love to have a good time, and they are learning to become horse racing experts.

(BEGIN VIDEO CLIP)

JACKSON KNOWLTON, FUNNY CIDE OWNER: They've really learned a lot in the last couple of months to be honest with you. But, you know, it's different degrees of participation from the different partners. I mean, a couple of them, you know, really have been involved in coming to Saratoga and gambling and know all the tricks from many years ago. While others probably haven't been to the track more than a dozen times and still aren't real sure if we're talking about boxing this or wheeling that, just the lingo is.

(END VIDEO CLIP)

KARP: Even though these guys have won a little bit of money, they have remained true to their humble routes. They couldn't afford to take a luxury coach from the hotel to the track while they were at the Kentucky Derby, so they rented a yellow school bus. They continued that all the way through. They'll take a yellow school bus tomorrow, Wolf, but they'll need four now to accommodate the entire entourage -- Wolf.

BLITZER: All right, Josie Karp at Belmont. Thanks very much.

And straight from the record books, racing's last Triple Crown winner was Affirmed. The 3-year-old colt beat out his rival Alydar with jockey Steve Cauthen riding low on it's back. That was way back on June 10, 1978.

The man who will be calling tomorrow's race for television viewers is NBC's Tom Hammond. He's a veteran journalist with plum assignments that include NBC's coverage of the Triple Crown and Breeder's Cup. He's joining us now live from Elmont, New York.

With the chances of Funny Cide -- he is a favorite, but he's not the overwhelming favorite, is he, Tom?

TOM HAMMOND, NBC SPORTS: Wolf, that's correct. Empire Maker is his chief rival, the horse favored before the Derby six weeks ago. If we thought we were talking about a possible Triple Crown winner, it would be Empire Maker. But Funny Cide beat him in the Kentucky Derby. They're one and one in their rivalry head to head. And most people think it's going to be generally a two-horse race tomorrow, but Empire Maker and Funny Cide will be the one that finally square off when they get down to the wire.

BLITZER: Now Funny Cide is a gelding, a castrated horse. A lot of our viewers are not aficionados on all of this. Tell us why this is so unusual.

HAMMOND: Well, it's unusual because, if the horse has great blood lines or something, he's worth more as a stud horse, worth more when he retires to stud than he could win in purses at the racetrack. So if a horse has great blood lines would make a good stallion, then he is generally not castrated.

But in some cases, if they need the horse to grow more, if he's too unpractable, that they can't handle him, too mean, then they would castrate him. And in the case of Funny Cide, he had one undescended testicle that bothered him when he ran. So it's safe to say, had they not had the operation, he wouldn't the horse we're talking about in terms of the Triple Crown. He would not have been this good.

BLITZER: How unusual is it that there are only six horses running in this race tomorrow?

HAMMOND: Well, usually, if you have a horse going for a Triple Crown, a lot of others are sort of scared off. If you look at the average number of horses that have been involved in the race when the Triple Crown is won, it's only 5 point something, less than 6. So it's not unusual to have this few horses that will try Funny Cide and Empire Maker in the Belmont Stakes.

It plays into Funny Cide's hands, I think, in his bid to win the Triple Crown because a lot of times in horse racing, with a big field, there are traffic problems, and sometimes the horse's chances can be compromised because of just the number of horses in the race.

At Belmont Park, wide sweeping turns, only six horses, they sort themselves out over the mile and a half distance. It should be a really, truly run race.

BLITZER: Is horse racing making a rejuvenation? There's a book, "Seabiscuit," a best seller, major motion picture coming out this summer. Now Funny Cide, the extravaganza that's going on. What do you sense about horse racing in America today as opposed to a year, three years ago, five years ago?

HAMMOND: It's kind of an inching forward the last couple of years. It's one of the few sports that has shown a rise in popularity over the last couple of years. As you mentioned, Seabiscuit has been a huge shot in the arm for racing.

Now with the chance of a Triple Crown with a horse that has such a feel good fairy tale story. The owners, the working men from upstate New York, who in 1995 put up $5,000 each to start their stable. The trainer who had never had a Triple Crown horse before this year. The jockey who was unfairly accused of cheating in the Derby. He's now riding for redemption.

This has so many elements that you can identify with. It's an underdog. Americans love to root for the underdog. A New York-bred gelding. It has everything you would want in a fairy tale story. If he wins the Triple Crown, it will be huge for the sport of racing.

The other side of the story too is, because he is a gelding, he won't be retired to stud at the end of the year. He'll be racing a few more years and someone that the fans can identify with.

BLITZER: You want to make a quick prediction for us?

HAMMOND: I like Funny Cide. Six weeks ago, he would have been one of the few ones that I would have said had no chance. I didn't think he had a chance to win the Derby at a mile and a quarter. He convinced me he was a pretty good horse. In the Preakness, he astounded me with his performance. Now I think he has tactical speed, all the requisite ingredients to make a Triple Crown winner. I'm predicting Funny Cide.

BLITZER: Tom Hammond, we'll be watching you tomorrow on NBC Sports. Thanks for joining us.

HAMMOND: Thank you, Wolf.

BLITZER: Thank you.

And a police officer saves a runaway train. Amazing video we're just getting in right now. You'll have to see it to believe it when we return.

(COMMERCIAL BREAK)

BLITZER: Here's something you don't see every day. An amazing picture. A policeman in Idaho chased down a runaway train this afternoon, jumped on board and brought it to a stop. No one fortunately was hurt in the incident near Boise. The locomotive was first spotted rolling along at about 40 miles an hour when Corporal Dwayne Prescott (ph) started chase it down. He missed the first time he jumped on board, but then got on board, and fortunately, brought it to a halt. Good work.

Here's how you're weighing in on "Our Web Question of the Day". Should the Justice Department allow gay pride events for its employees. look at this, 63 percent of you say yes, 37 percent of you say no. As always, this is not a scientific poll.

A reminder, we're on every weekday 5 p.m. Eastern, 2 p.m. on the West Coast as well as noon Eastern. Coming up on Monday, Hillary Rodham Clinton's "Living History" reaches bookstore shelves. Will the book change your opinion of her? We'll have details on the that.

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