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Anderson Cooper 360 Degrees

Iraq Inquiry; Vying for Votes: Seven Contests Tomorrow

Aired February 02, 2004 - 19:00   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)
CAROL LIN, HOST (voice-over): With WMD no where to be found, the president launches a probe to untangle the tale of Iraq's weapons.

Martha is back in court, about to face a key witness against her.

Outraged. The FCC chief demands an investigation into Janet Jackson's halftime strip tease.

Seven candidate, seven states. Who among the Democrats will pull away from the pack tomorrow?

Will the jury get to hear what Kobe Bryant told police last summer?

And antidepressants for kids, part of the solution or perhaps the problem?

(END VIDEOTAPE)

ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.

LIN: Good evening, and welcome to 360. Anderson is off tonight. I'm Carol Lin.

Up first, the Iraq inquiry. President Bush bows to pressure. He now plans to appoint a commission to review prewar intelligence that suggested Iraq had weapons of mass destruction. And, in the last hour, British Prime Minister Tony Blair revealed he's making a similar move.

We have team reports from Washington, CNN's White House correspondent Dana Bash and CNN national security correspondent David Ensor.

We begin with Dana Bash.

DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Well, Carol, with even some Republicans saying this whole controversy puts U.S. credibility at stake, the White House decided not to resist the idea of a commission anymore, but instead to embrace it.

(BEGIN VIDEOTAPE) BASH (voice-over): Little more than a week after out going weapons inspector David Kay declared weapons of mass destruction likely won't be found in Iraq, President Bush, under mounting political pressure, now says he will appoint a commission to find out why.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: So I'm putting together an independent bipartisan commission to analyze where we stand, what we can do better as we fight this war against terror.

BASH: Mr. Bush invited Dr. Kay to the White House for a private briefing from the man who declared, "We were all wrong." The White House is assume beaming a nine-person panel, which they compare to the Warren commission set up after JFK's assassination. The panel will focus not just on intelligence in Iraq, but take a broader look at gaps in other crucial areas, like North Korea and Iran.

SCOTT REED, REPUBLICAN CONSULTANT: I think the administration recognized that this issue was starting to get ahead of seam with the American people, with members of Congress. And every once in a while in politics you just (UNINTELLIGIBLE) for what's going to happen.

BASH: The White House officials are informally consulting with some in Congress on the commission's makeup and mandate. It will be appointed only by the president by executive order. Democrats question whether that is truly independent.

SEN. TOM DASCHLE (D-SD), MINORITY LEADER: We can't have the president or anybody else dictating how that commission is going to work and the nominees who will be involved.

BASH: Nine months before Election Day, there are growing misgivings about the war itself. Just 49 percent of Americans think going to war in Iraq was worth it, down 10 points in under three weeks.

(END VIDEOTAPE)

BASH: Now, another thing that's roiling Democrats on this issue is that the deadline for the panel is likely not going to be until after Election Day. They say that makes creating this commission look like nothing more than a political ploy -- Carol.

LIN: Dana Bash live at the White House. Thank you.

Now to the potential fallout from today's decision by President Bush. The U.S. intelligence community under a microscope, and many questioning whether it can be trusted.

With that, here's CNN's national security correspondent, David Ensor.

(BEGIN VIDEOTAPE)

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): Not everyone agrees on what the problems may be, but there is bipartisan consensus that the credibility of U.S. intelligence is in question.

SEN. SUSAN COLLINS (R), MAINE: I, for one, don't know whether or not to trust the intelligence estimates on North Korea now.

ENSOR: Director Tenet says U.S. intelligence officials is accustomed to the political pressure. But They have worried for months now that as the criticism grow, staff level CIA analysts may find it harder to tell it like it is, and politics be damned.

STUART COHEN, NATIONAL INTELLIGENCE COUNCIL: I'm afraid. I worry constantly about their willingness to make the hard calls when we're being second- guessed.

ENSOR: Some former intelligence officials worry that if the White House picks the panel and designs its mandate, the issue of whether the administration may have attempted to influence intelligence analysts and their product might not be addressed.

KEN POLLACK, CNN ANALYST: It was a relentless series of questions. Any time they wrote something that did not seem to accord with what some members of the administration wanted to hear, they were subjected to a barrage of questions.

ENSOR: Pollack stresses, however, that he does not know of any intelligence analyst who wrote anything that he or she did not believe to be true.

(END VIDEOTAPE)

LIN: And now David Ensor joins us live from Washington.

David, with the establishment of this New commission, there have been many calls for George Tenet's resignation. But with the establishment of this New blue ribbon commission, is that more likely now?

ENSOR: I wouldn't say so. And actually, there have only been a couple of people who have called for his resignation.

He has been CIA director, director of Central Intelligence, for a long time now, under two presidents. He was originally appointed by Bill Clinton. George Bush is the one who gets to decide how much longer he serves. And George Bush seems to trust and like him. Nonetheless, he's in the hot seat like never before -- Carol.

LIN: All right. David Ensor live in Washington.

To politics now. With one day to go, 269 delegates on the line, the seven Democratic hopefuls in one final push for votes in seven date states. Five hold primaries tomorrow and two hold caucuses. For some candidates, it's a chance to get their campaigns off the ropes. For others, it can bring victory or even closer.

Well, two campaigns have the momentum lately. Kelly Wallace is following John Kerry, and Frank Buckley is tracking John Edwards. We begin tonight with Kelly Wallace. Hi, Kelly.

KELLY WALLACE, CNN NATIONAL CORRESPONDENT: Hi, Carol.

Well, John Kerry is leading here in Arizona, and in four of the other states holding contests tomorrow. A big win in this next round would put John Kerry another step closer to the Democratic nomination.

(BEGIN VIDEOTAPE)

WALLACE (voice-over): Maybe it was his wide lead in the polls, or maybe it was his beloved New England Patriots, but John Kerry was sounding quite confident in New Mexico.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: And I predict today that, like father, like son, one term only. Bush is going to be gone.

WALLACE: His strategy? Stay on message. But his rivals have other ideas.

Howard Dean keeps hitting Kerry for accepting more money from lobbyists than any senator since 1989. In Tucson, the Massachusetts senator just shrugs it off.

KERRY: I don't know whatever happened to Governor Dean's positive campaign. But it's the shortest lived positive campaign I've ever seen.

WALLACE: But Kerry got caught not being exactly positive about John Edwards. After an interview, he was overheard by a reporter telling his aide, "Edwards says he's the only one who can win states in the South. He can't win his own state." Aides say Kerry was making a private comment about North Carolina polls. But Senator Edwards quickly fired back.

SEN. JOHN EDWARDS (D-NC), PRESIDENTIAL CANDIDATE: It is important for voters to know when they're casting their vote in the primaries tomorrow that I'm a candidate who doesn't just talk about being able to win in tough states. I've actually done it.

WALLACE: We asked Kerry about Democratic Party chief Terry McAuliffe's comment in which he said President Bush was a man who was "AWOL" in the Alabama National Guard. The president did not appear for National Guard duty for several months in 1972 while he worked for a Senate candidate, but made up time later, according to news's reports. It was an issue in the 2000 presidential race, and Kerry seemed to indicate that Democrats can make it an issue again.

KERRY: I don't know what the facts are with respect to the president's service. I know issues were raised previously. It is not up to me to talk about them or to question them at this time.

(END VIDEOTAPE)

WALLACE: Privately, Democrats say if Republicans go after John Kerry on national security, then the president will have to answer questions about his military service. But Republicans accuse Democrats of engaging in slander, a sign of just how contentious any possible Bush-Kerry match could be -- Carol.

LIN: Kelly Wallace live in Tucson, Arizona. Thank you.

Well, Kerry's chances of winning in November appear to be getting better. A CNN-"USA Today"-Gallup poll released just hours ago has him narrowly beating President Bush. In a hypothetical match-up, 53 percent of those polled say they would vote for Kerry, compared to 46 percent for President Bush. That's still within the margin of error, which means it is a dead heat.

Kerry, though, has a wider lead over his Democratic counterparts. Forty-nine percent of those polled say they'd choose Kerry. Howard Dean comes in second, way behind with 14 percent.

But in South Carolina, the man with the momentum appears to be John Edwards. A different poll puts him in the lead there. Twelve points ahead of Kerry.

Frank Buckley is following his campaign.

(BEGIN VIDEOTAPE)

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT (voice-over): John Edwards barnstormed across South Carolina, trying to fight off a case of bronchitis and the momentum of John Kerry.

EDWARDS: I think if we want real change in Washington, we need somebody who hasn't been there for 15 or 20 years.

BUCKLEY: Edwards leads in South Carolina polls. But with Kerry ahead in most of the other February 3 states, a win in South Carolina is essential. And the senator is hitting hard on the jobs issue here, which the campaign believes is an issue that resonates in a state that's lost 58,000 manufacturing jobs since 2001.

EDWARDS: The job is about more than a paycheck. It's about dignity, it's about self-respect. It's about men and women who have spent their lives taking care of their families and want to do it again. As your president, we will bring jobs to South Carolina.

BUCKLEY: Edwards is appearing in every media market in South Carolina on his last full day of campaigning. He is also doing satellite interviews with TV stations in Missouri, New Mexico and Oklahoma. Even if he doesn't win in those state, Edwards told CNN's Judy Woodruff he expects to make gains.

EDWARDS: Well, I think we'll win delegates in every state tomorrow.

(END VIDEOTAPE)

BUCKLEY: But the most important state for John Edwards is right here in South Carolina, the state in which he was born. We are in Seneca, South Carolina right now, awaiting the arrival of John Edwards. This is the town in which he was born.

He left here when he was 10 or 11 years old, and spent the rest of his life in North Carolina. That's the state he represents now. But South Carolina is do or die for John Edwards. As one campaign official told me today, "We come out of here and we have our ticket to the next round" -- Carol.

LIN: We'll see. Thank you very much. Frank Buckley reporting live.

Coming up, John Kerry's latest endorsement. Michigan Governor Jennifer Granholm shares why she's backing the front-runner. Her first interview since making the announcement right here on 360.

And we are following a number of developing stories right now across the country.

Van Nuys, California: command performance. Actor Robert Blake put on a little show outside the courthouse today. He took a guitar from someone and broke into a rendition of "Over the Rainbow." Inside, the judge refused to allow cameras in the courtroom for the trial.

Redwood City, California: no cameras here either. The new judge in the Scott Peterson case ruled today that no cameras would be allowed in that courtroom during that trial. Media outlets had asked for the trial to be broadcast.

Palm Springs, California: stressing out. Singer Barry Manilow is undergoing tests today. He was admitted to the hospital on Saturday, suffering from stress-related chest pain. Manilow is in legal arbitration over the rights to his stage musical, "Harmony."

Punxsutawney, Pennsylvania: groundhog controversy. The famous Punxsutawney Phil popped his head out and saw his shadow, which means six more weeks of this miserable winter. But maybe not. Georgia's groundhog, General Beauregard Lee, didn't see his shadow. And that means spring is right around the corner.

Which furry forecaster is right? Only time will tell.

And that's a look at stories "Cross Country" tonight.

Janet Jackson revealed a flash at the Super Bowl. It sparked an FCC investigation. Was it all an accident or rehearsed for a controversy? We're going to take a closer look.

Plus, Martha Stewart's stock troubles. A key witness gets the green light to take the stand.

And viva lost wages. A chronicle of Super Bowl hype gone bust. How thousands of dollars went gone with the wind.

But first, let's take a look "Inside the Box" at the top stories on tonight's network newscasts.

(COMMERCIAL BREAK)

LIN: Well, now to a triple dose of celebrity troubles.

Jen Rogers in Los Angeles on the Janet Jackson story. Allan Chernoff has the news of Martha Stewart's trial. And Gary Tuchman is in Eagle, Colorado, where there was a hearing in the Kobe Bryant case.

Let's start with Janet Jackson's appearance on the halftime show at last night's Super Bowl in Houston. Jen Rogers reports on her case of super overexposure.

JEN ROGERS, CNN CORRESPONDENT: Hi there, Carol. That is right.

You know, this moment has probably been replayed more than any other highlight out there from the actual game itself. And you know, certainly man people were shocked by it. And it turns out there could be some repercussions beyond just the court of public opinion.

(BEGIN VIDEOTAPE)

ROGERS (voice-over): First, there was the kiss. Now, there's the rip.

UNIDENTIFIED FEMALE: I'm shocked.

UNIDENTIFIED MALE: It's disgusting. Inappropriate television. Very inappropriate.

UNIDENTIFIED MALE: The way the game was going, I thought that was the best highlight of it all.

ROGERS: The racy conclusion to the Super Bowl's halftime show certainly grabbed fans' attention, and it turns out the government's as well. Monday, Federal Communications Commission chairman Michael Powell launched an investigation, saying he is outraged.

MICHAEL POWELL, FCC COMMISSIONER: I thought it was outrageous, and I was deeply disappointed as I sat there with my two children. And I knew immediately this would cause great outrage among the American people, which it did.

ROGERS: CBS, which aired the Super Bowl, MTC which produced the halftime show, and Justin Timberlake, the bodice ripper himself, all characterized the moment as unrehearsed and unplanned. But the FCC has its doubts. And many in the entertainment industry see this as just another buzz-generating stunt.

UNIDENTIFIED FEMALE: I think probably from a PR standpoint it is a good move for her, because controversy generates album sales.

ROGERS: The timing for Janet Jackson, some say, couldn't be better. Her new album hits stores this spring.

(END VIDEOTAPE)

ROGERS: Now, while the timing may not be so bad for Janet Jackson, the timing is a little bit tough for the station that is aired the Super Bowl. And that is because Chairman Powell has been quote aggressive against indecency in just the last couple months. And Congress is also working towards possibly raising the amount in terms of what you can be fined per violation -- Carol.

LIN: All right. It gives a whole new meaning to boob tube, Jen. Thanks very much.

Let's flash back to a recent controversy about indecency on TV. At last year's Golden Globe Awards, Bono uttered a four-letter word. The FCC was listening. The commission ruled that since Bono was using the word as an adjective, and not to describe sexual function, he wasn't "indecent."

Well, Bono offered to sing a song about AIDS at this year's Super Bowl, but the NFL turned him down. The halftime show, pro football decided, should be about entertainment, not single issues.

Of course, we want to hear from you. Today's "Buzz" question is this: Should the FCC take action against CBS and MTV for Janet Jackson's breast-baring performance? Vote now, cnn.com/360. Results at the end of the show.

All right. Some interesting testimony in the Martha Stewart trial today. A former secretary to ImClone's founder, Sam Waksal, told the court about a call she took from Stewart just after she dumped her stock.

CNN's Allan Chernoff has details.

(BEGIN VIDEOTAPE)

ALLAN CHERNOFF, CNN BUSINESS CORRESPONDENT: A recounting of Martha Stewart's frantic phone call to her friend Sam Waksal, former chief of ImClone Systems, took center stage in the obstruction of justice trial. Waksal's assistant, Emily Perret, recalled Stewart's order as either, "Get Sam," or, "Where is Sam? This is Martha. There's something going on with ImClone. I need you to find him."

Perret said Stewart was "hurried, harsh and direct," as she often was on the phone. What was going on at ImClone was that the company was about to announce its cancer drug application had gotten a thumbs down from the Food and Drug Administration. At Merrill Lynch, stock surveillance employee Brian Schinfeiser (ph) testified he noticed unusual trading among clients of broker Peter Bacanovic. Schinfeiser (ph) said Waksal's daughter, Aleesa (ph), sold at 9:30 a.m., his daughter Ilana (ph) sold at 11:25, and Martha Stewart sold at 1:43 p.m.

When Merrill Lynch questioned Bacanovic, he said there was an agreement with Martha Stewart to sell if ImClone's price fell below $60. That's the same explanation Martha Stewart give investigators. Stewart's friend, Rosie O'Donnell came to court to offer support.

ROSIE O'DONNELL, FMR. TALK SHOW HOST: We actually receive -- I e-mail her back and forth and I leave messages, as she did for me during my trial. And I think she's an amazing woman.

(END VIDEOTAPE)

CHERNOFF: The government's star witness, Bacanovic's assistant, Douglas Faneuil, is scheduled to testify tomorrow afternoon. He's expected to say that he told Martha Stewart the Waksals were selling, which led to her sale of ImClone stock -- Carol.

LIN: All right. Thank you very much. Allan Chernoff in New York.

We turn to the Kobe Bryant case. The defendant was due in court for a pre-trial hearing today but called in sick.

CNN's Gary Tuchman joins us now from Eagle, Colorado.

What happened, Gary?

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Well, Carol, the court is still in session as we speak. But as you said, without the Los Angeles Laker guard. He told his attorneys he didn't feel good this morning. He actually is in the area in Eagle, Colorado.

They asked the judge for permission for him not to show up. The judge said OK. And as we speak right now, Pamela Mackey and Hal Haddon, his two attorneys, are carrying on in the courtroom without him. They're discussing in a closed courtroom -- the judge is not allowing reporters in -- the issue of the accuser's medical history.

Kobe Bryant's attorneys want to be able to use it during the trial. They say the woman waived her confidentiality by discussing her history widely with family members and friends. And they say her medical history will show that she is not to be trusted.

Called to the stand today -- we saw her personally go in -- was the accuser's mother and the accuser's ex-boyfriend, as well as other friends. The prosecution says it is totally irrelevant to the case, she deserves her privacy. We expect the judge will make a decision on this in a written order in the days to come.

It is a two-day hearing. Kobe Bryant will be here tomorrow, we're being told. And tomorrow they'll discuss a statement that he made one day after the alleged rape. It was a 75-minute statement to police that police surreptitiously recorded an audiotape.

Kobe Bryant's attorneys are saying this should not be used in the trial. They want this out because they are saying he wasn't advised of his rights. But prosecutors are saying he didn't have to be advised of his rights because he hadn't been arrested yet and he wasn't in custody.

Carol, back to you.

LIN: A lot happening out there in Eagle, Colorado. We'll let you get back in the courthouse. Thanks very much, Gary. Gary Tuchman. We are tracking a number of developing stories around the globe. Let's check the "UpLink."

Islamabad, Pakistan: selling nuclear secrets. The man who started Pakistan's nuclear program says he transferred some of that technology to North Korea, Iran and Libya. Abdul Qadeer Khan, is now being held at his home under tight security. He's been under investigation since December.

Tehran: election uproar. Iran's largest pro-reform party announced it is withdrawing from the upcoming election there. Thousands of its candidates have been banned from standing for election by hard-line clergy.

Mina, Saudi Arabia: the death toll rises. Saudi officials now say 251 people died after a stampede at the annual Hajj pilgrimage. It happened during a stone-throwing ritual. Last year, 36 were trampled to death en route to the same ritual. More than two million pilgrims are attending this year's Hajj.

Berlin: testing for Bird Flu. German Emergency Services say they have taken two women to a tropical diseases clinic. They suspect the women were infected with Bird Flu. Two more people died from the virus in Vietnam and Thailand, and that brings the number of deaths in the epidemic to 12.

And that is tonight's "UpLink."

All right. Teens, antidepressants and suicide. How concerned should parents and doctors be? We are going to hear from both sides as they try to get the government to take action.

Also tonight, unrest in Haiti. An experiment in democracy begins to unravel.

And a little later, more canceled flights over terror concerns. We get the latest from Washington.

(COMMERCIAL BREAK)

LIN: The growing controversy over treating teens with popular adult antidepressants reached Capitol Hill today. Medical correspondent Dr. Sanjay Gupta has more details.

(BEGIN VIDEOTAPE)

SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice-over): Some parents blame their children's death on the very drugs they expected to stop their children's depression. Terri Williams' 14-year-old son was on antidepressants.

TERRI WILLIAMS, SON COMMITTED SUICIDE: After four weeks of treatment he began to show signs of agitation, which we were not aware that was a potential side effect. And after seven weeks of treatment he hung himself.

GUPTA: Other parents credit the same medicine for saving their children's lives.

UNIDENTIFIED FEMALE: Well, I have two children who have been on antidepressant medication and have done very, very well and lead full lives. And so I shudder to think what would happen to them if these medications weren't available.

GUPTA: Now, the U.S. Food and Drug Administration is trying to determine which side is right.

DR. RUSSELL KATZ, FDA: The wrong answer in either direction prematurely arrived at could have profound negative consequences for the public health.

GUPTA: The issue came to a head last year when British regulators sent doctors a warning, saying a popular group of antidepressants, including Paxil, Zoloft and Celexa, might actually increase a child's risk of attempting suicide. Only one drug in the class, Prozac, is actually approved for use in children. The rest are approved for use in adults, but doctors often prescribe them for depressed children as well. The FDA is analyzing information from drug manufacturers to determine what studies show.

UNIDENTIFIED MALE: Having looked at these initial summary reports from companies, we did not have complete confidence in the case finding. And so we issued, as I mentioned, a second request for clarification.

GUPTA: For now, the FDA has advised U.S. doctors to monitor their pediatric patients on these drugs very carefully. A final recommendation is expected late this summer.

(END VIDEOTAPE)

LIN: So Sanjay, how does the FDA expect to determine whether these suicides were caused by the antidepressants or simply by depression?

GUPTA: That's an interesting question, because it's sort of counterintuitive, right? When you think about treating depression, you think you're also going to treat some of the consequences of depression. In this case, suicidal thoughts and suicide itself.

What happens sometimes in some of the studies that have been done is kids who are treated with depression, versus kids who are depressed but not treated, they're finding that the suicide rates might actually be a little bit higher that those that are receiving the medications. So that's what they're finding out here.

It is going to be tough to determine. It is a very important question, but a very difficult one to figure out. I foresee many studies still ahead before any final recommendations are made -- Carol.

LIN: All right. Thank you very much. Dr. Sanjay Gupta.

GUPTA: Thank you. (BEGIN VIDEOTAPE)

LIN (voice-over): Who among the Democrats will lead the pack in tomorrow's primaries?

Martha Stewart about to face the man who could make or break her case.

And half-dressed (UNINTELLIGIBLE) at halftime. How did this happen?

360 continues.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

LIN: In the next half hour on 360, more flights canceled because of security concerns. Find out why.

Plus, an experiment in democracy turns violent. Protests then unrest pushing Haiti to the brink. We'll get the latest.

Martha Stewart's day in court. A key witness cleared to take the stand.

And a little support from a fellow celebrity.

First, let's check our top stories in "The Reset."

At the White House, President Bush now says he will appoint a commission to review U.S. intelligence on the spread of weapons of mass destruction. Political pressure for such a probe has been building.

Tonight, Britain says Prime Minister Tony Blair will also appoint a commission to investigate problems with intelligence.

In central Turkey, an unknown number of people are trapped under the concrete and twisted metal of a collapsed high-rise building. There are reports that an explosion and a heater may have caused the ten-story apartment building to crumble.

In Charleston, West Virginia, the man seen in this surveillance video has pleaded guilty to assaulting an 11-year-old girl in a Target store last July. Allen Dwayne Coates could serve life for first- degree sexual assault and abduction.

In Washington, scientists say the Hubble telescope has detected oxygen and carbon in the atmosphere of a planet 150 light years from earth. Astronomers say these are not signs of life on the hot gassy planet called Osiris, but it is the first time those elements have been found around a world outside our solar system.

Now terrorism fears in flight. More flights canceled today but homeland security officials say there are no plans to ground anymore international flights in the days to come. The latest from CNN's homeland correspondent Jeanne Meserve. Here it is.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN HOMELAND CORRESPONDENT (voice-over): A British Airways flight and Air France flight into Washington Dulles airport scrubbed Monday. Officials say those are likely to be the last in a spade of cancellations prompted by recent intelligence.

TOM RIDGE, HOMELAND SECURITY SECRETARY: We decided that given the nature of the threat, the specificity of the threat, it was best to cancel those flights, public safety being the highest priority.

MESERVE: Although the intelligence mentioned airlines, flight numbers, and dates, it did not specify the method of attack. Among the possible scenarios spun out by analysts, the use or transport of biological, chemical, or radiological weapons.

U.S. officials acknowledge those weapons of mass destruction could be put on an aircraft undetected although they point out that some cargo goes through radiological screening. Passenger screeners are trained to look for chemical agents and the Transportation Security Administration has dogs capable of sniffing out chemicals and radiological material. But one expert on homeland security finds the use of weapons of mass destruction on an airliner an unlikely scenario.

DAVID NYMAN, CENTER FOR STRATEGIC & INTERNATIONAL STUDIES: It is not a very practical dissemination tool, frankly, for biological or chemical attack. You might infect a group of people on an airplane. It would certainly create terror, but, in terms of catastrophic terrorism it would not reach that standard.

(END VIDEOTAPE)

MESERVE: U.S. officials say tonight that the same source that provided the information that led to this weekend's cancellations has cautioned them about another Air France or British Airways flight. One official says the date in question is several weeks away, and he expresses the belief that with this much lead time, authorities may be able to run down the intelligence, check out the passengers and avoid another cancellation. Carol, back to you.

LIN: Thank you very much. Jeanne Meserve in Washington.

Turning now to politics and Senator John Kerry's presidential campaign. On the night before voters in seven states choose a Democratic candidate, Kerry can boast some important endorsements, including that of Michigan governor, Jennifer Granholm.

Her support is key because Michigan is a battleground state that could be crucial to anyone's victory in November. And second, Granholm's popularity. Some say if she hadn't been born in Canada, she, herself, might be a contender for the Oval Office. Granholm talks politics with us in her first interview since the endorsement Saturday. Good evening, governor. Thank you very much for being with us. JENNIFER GRANHOLM (D), GOVERNOR OF MICHIGAN: You bet. Thanks for having me on.

LIN: Well, your candidate, John Kerry, he is the first Democrat to win both Iowa and New Hampshire since Jimmy Carter and Michigan is critical to his success. How confident are you that he will win the primary in your state?

GRANHOLM: Well, I am very confident because I can tell you, in Michigan, and believe me, as a governor, I'm very pragmatic. Here, the issue is jobs. We have lost 170,000 manufacturing jobs under the current administration. John Kerry has had the longest record of posted position paper on this issue of manufacturing. He's been very supportive of the manufacturing industry. He has a great plan for supporting manufacturers. Truly, here, it's just been devastating. These 170,000 jobs that we've lost or 170,000 human stories, it's, above all issues here in Michigan.

LIN: The nature of the voting in your state, though, could influence the outcome. For example, Michigan is the only state that is allowing Internet voting, people to vote on the Internet in the primary, the nomination process. Given what Howard Dean can do with the Internet and raising record amounts of money, how concerned are you? Are you worried that the Internet voting process may influence the outcome?

GRANHOLM: Actually, I'm very encouraged by the Internet voting process. I think it brings a lot of people into it that otherwise might not choose to vote. It is a very exciting and new 21st century tool. I encourage other states to do it as well. We have a lot of support here in Michigan. The Internet just makes it easy for John Kerry supporters, and the supporters of everyone else to access this great tool. A lot of people have gotten their ballots but haven't chosen to vote by Internet yet. They want to see how it shakes out. The numbers for John Kerry look good in Michigan. I'm confident.

LIN: Also, it makes it easier for people to influence the process. Lots of talk about hackers interfering with the process. Are you confident about the security of the Internet voting process?

GRANHOLM: Yes. It's been checked and double checked. We feel very good about the process and the security measures that the Democratic party have taken on. You know, it's worked well when Arizona did it last time. I think we're very excited about this prospect. I hope to prove to other states as well that this is the way to go.

LIN: You know, it's got to be a 50-state campaign, whoever the nominee may be. And of course, that has to include the critical south, the southern part of the United States. If it is John Kerry as the nominee, how does John Edwards look to you as a vice presidential running mate?

GRANHOLM: I think he would be a fabulous vice presidential running mate. I think the ticket has to be balanced. I certainly think that John Edwards has spoken to people, spoken to their heart. I think he would be a great balance to Senator Kerry. Both of them talking about this issue of job losses and making sure our country can compete with other countries that are paying $1.57 an hour. That is going to be the issue. Both of them are talking about it. I think it would be a great ticket.

LIN: Governor Jennifer Granholm, it's going to be an exciting night in your state.

GRANHOLM: It sure will.

LIN: Looking forward it. Thank you.

In the Caribbean nation of Haiti, the political pressure is intense. Emotions are so high Americans are being told to stay away for their safety. Protesters have hit the streets demanding the resignation of the president, Jean-Bertrand Aristide. The latest now from CNN's Harris Whitbeck.

(BEGIN VIDEOTAPE)

HARRIS WHITBECK, CNN CORRESPONDENT (voice-over): Demonstrations turned violent in Port-Au-Prince. Since Haiti's opposition to President Jean-Bertrand Aristide took to the streets last December, more than 50 people have died. The opposition was out again on Sunday demanding Aristide's ouster. But this time, the protests were peaceful.

CHARLES BAKER, OPPOSITION LEADER: He stole elections, stole the presidency. And now it's time for him to go. He's killing too many people. Schools, all universities are closed right now in Haiti. Commerce is going to shambles.

WHITBECK: Aristide has never been popular with Haiti's elite who are behind the most recent protests. As a former member of the clergy, known as the priest of the poor, he was democratically elected in 1990. He was forced out by the military and returned to power following a U.S. invasion in 1994.

But Aristide has lost support. He has attempted to implement what his critics call populist policies. He has attempted to tax the rich in favor of the poor, losing the support of even some of his staunchest allies and losing economic aid from the United States.

The opposition says the violence has been the result of Aristide's efforts to quell dissent. Fellow Caribbean leaders stepped in to mediate. Aristide met with them this weekend in Jamaica and returned to Port-Au-Prince promising to work with the opposition and to organize new parliamentary elections this summer.

But Haiti's poor are getting even poorer and some of them are beginning to do what they had not done before. They are placing the blame on their former priest. Harris Whitbeck, CNN, Port-Au-Prince.

(END VIDEOTAPE)

LIN: Wednesday on 360, Anderson Cooper's exclusive interview with President Jean-Bertrand Aristide. A leader under fire. The political turbulence. Aristide tells his side of the story. A special report on Wednesday at 7:00 p.m. Eastern, 4:00 p.m. Pacific right here on 360.

Martha Stewart back in court. A phone call in question. The testimony ahead in justice served.

Plus regrets over the rip. Fallout from the bare performance by Janet Jackson during the Super Bowl halftime show.

The game behind the game. The money blitz in Vegas. See how one fan sweated out the Super Bowl trying to beat the odds.

(COMMERCIAL BREAK)

LIN: Now for "Justice Served," the Martha Stewart trial. Today a former ImClone secretary told the court about a phone call she took from Martha Stewart, supposedly right after Stewart ditched her stock in the company. The secretary said that Stewart was very hurried, harsh and direct when she ordered her to, quote, "Get Sam," referring to Sam Waksal. Compelling testimony but perhaps a warm-up compared to what the court will hear tomorrow when the prosecutions star witness stakes the stand.

Joining me now is Kimberly Guilfoyle Newsom and Celebrity Justice correspondent Carolina Boia. Great to see both you. An exciting day in the court room.

Kimberly, what do you make of this phone call, how significant is it?

KIMBERLY GUILFOYLE NEWSOM, 360 POLITICAL ANALYST: I think it has a potential to be a smoking gun for the prosecution. Keep in mind this phone call was made after Martha Stewart received information about ImClone. What's important is someone told her, who told her and when. She had information something was amiss with the stock. She called directly to Waksal's assistant, was very hurried, adamant and insisted on speaking to him and finding him.

LIN: How important, Carolina, do you think the tone?

You were in the courtroom during this testimony. Did they make a lot of the way she handled the courtroom?

CAROLINA BOIA, CELEBRITY JUSTICE CORRESPONDENT: Initially, I mean, pens were flying and all the reporters when they heard hurried, harsh, direct. I mean, that sounded like Martha Stewart wanted find out then and there as the message said, what is going on with ImClone. And she told the assistant, allegedly, find Mr. Waksal right way.

LIN: And she was in a panic.

BOIA: Correct. But then on cross-examination, Mr. Morvillo, Martha's lawyer asked doesn't Martha Stewart normally have this tone, this hurried, direct, harsh tone, and she said, yes. As a matter of fact, most of the she does speaks in this way. She's in a hurry, she wants to get things done.

LIN: Kimberly, the same assistant testified her boss, Sam Waksal actually asked her to destroy records of this telephone call. The fact it was Sam Waksal who made that order, even though she did, she managed to rescue the records and not Martha Stewart does it still backfire on Martha Stewart?

Does it reflect poorly on her?

NEWSOM: I think it does and you make an excellent point. I mean, really if there wasn't something amiss and if they weren't trying to cover up some wrongdoing, then why is he behaving in this fashion?

Why is he trying to cover up misdeeds or wrongdoing?

At same time her defense is going to argue, listen that's him, he plead guilty, his crime, leave me out testify.

LIN: Carolina.

BOIA: It is also important to note that Waksal didn't just ask his secretary to destroy messages of Martha Stewart alone, but all the messages. His secretary said, I didn't know where to begin. Do start when initially started working for Waskal? Do I start destroying messages from the past month?

She was a little confuse and also nervous because she knew she was doing something unlawful.

LIN: We had a celebrity present in the court room. A lot of talk that Martha Stewart's friends were not publicly coming out in her support. But Rosie O'Donnell was in the court this morning. What was it like?

BOIA: Well, I feel the jury -- you know, it's like when children see Goofy on television, Mickey Mouse, then they go to Disney World and get see them in real life. It is so exciting. I feel for many members of the jury that's how they felt when they saw Rosie O'Donnell in the court room. Also, we had Barbara Walters last week. So we had a couple of celebrity entrees. Nevertheless, while it might be of interest for a split second, I really do believe that it's not going affect their decision ultimately.

LIN: All right. Kimberly, the star witness tomorrow, the assistant.

NEWSOM: Finally.

LIN: The assistant. We get to hear from Douglas Faneuil.

NEWSOM: This is the key aspect of the prosecution's case. He's going to present the most critical evidence against Martha Stewart. But I'm anxious to see what the defense will do. There's a lot of speculation and talk about his credibility and whether or not he's truth worthy. And we had information that specifically Bacanovic gave him a five rating for accuracy which I think is going to help the prosecution. If they can convince this jury that this is a guy who was in the wrong place at the wrong time, tried to do the right thing and was basicly in turmoil over this, then his testimony will be given a lot of weight.

LIN: Credibility looks like it will be key in this case, because apparently, the defense is asking for access to Douglas Faneuil's psychologist.

NEWSOM: That's correct. It will be interesting to see whether or not the judge will allow any of this information in. He's going to have a hearing on it and determine whether or not any of it is, basically, relevant to this case. Again, dealing with privilege issues. So, it is a touchy area.

LIN: All right. Thank you very much for the both the insight, the legal insight and the scoop inside the courtroom.

For tonight's edition of "Fresh Print" we got a hard look at the Super Bowl's halftime show and the flurry of print unleashed with a pull of Justin Timberlake's hand.

(BEGIN VIDEO CLIP)

(SINGING)

(END VIDEO CLIP)

LIN: No surprise they covered Janet Jackson's skin better than she died. But the papers weren't the only ones spilling ink over spilled flesh. CBS and MTV which produced the halftime show sent out dualing releases. Pundits argue that it must have been planned because MTV's pregame release promised shocking moments and because Jackson wore what appeared to wear a pasty but on closer, much closer inspection turned out to be a body piercing. Timberlake release called it an accident and apologized for what he called a "wardrobe malfunction." Still a good worker never blames his tools, so the FCC sent out its own statement saying it wants it's pound of flesh, launching an investigation faster than the government has launched some other investigations. Why, because the sight of a bare breast tainted the show. Apparently, FCC Chairman Michael Powell thought the rest of the show was okay, including Kid Rock's lyrics on his co- workers.

(BEGIN VIDEO CLIP)

(SINGING)

LIN: Then kid rock was wearing something, the American Flag.

And, this just in to CNN. A statement from Janet Jackson admitting the bare show was planned.

She says, "The decision to have a costume reveal at the end of my halftime show performance was made after final rehearsals. MTV was completely unaware of it. It was not my intention that it go as far as it did. I apologize to anyone offended -- including the audience, MTV, CBS and the NFL."

OK, if that wasn't enough, today's "Buzz" question is this. Should the FCC take action against CBS and MTV for Janet Jackson's breast-baring performance?

Vote now cnn.com/360. Results at the end of the show.

And there is a big game behind the Super Bowl. Thousands betting against the odds. One man's evident to strike it rich just ahead.

Also tonight -- what was the number one movie at the box office this weekend?

We'll tell you in tonight's edition of the current.

(COMMERCIAL BREAK)

LIN: Time to check on tonight's "Current." Promoting his movie, "Something's Gotta Give," Jack Nicholson revealed he doesn't care how old his dates are, saying, quote: "It's never been a matter of years for me." Apparently, what matters most is that they've had a good education, recently.

Bad news. If you are tired of seeing Paris Hilton, she has scheduled an upcoming appearance on "George Lopez." And just to be clear, "George Lopez" is a TV show.

"You Got Served" opened at number one at the box office this weekend. "Perfect Score," about teens who steal the SAT, came in fifth in the rankings, once you double the math.

Media coverage of the Janet Jackson Super Bowl incident has viewers crying, enough already. We'll have more on the story later in the program, and on Thursday's "Overkill" segment.

Well, for a change, this year's Super Bowl lived up to the hype. A real nail-biter. Some fans hoped for a big victory of their own last night by taking a chance on the game. CNN's Ed Lavandera shows us the tense game faces in Vegas. A look at those playing the game behind the game.

(BEGIN VIDEOTAPE)

TOM ARGEANAS, SUPER BOWL BETTER: This is where you pick out what the Panthers' last score is in the game.

ED LAVANDERA, CNN CORRESPONDENT (voice-over): Elvis is picking the Carolina Panthers to win the Super Bowl. Actually, that's Tom Argeanas, and he just put down the biggest bet of his life.

ARGEANAS: If I do well, I'm a happy guy.

LAVANDERA: Vegas betters spent almost $70 million on this year's Super Bowl. Argeanas accounts for $3,000 of that, but he needs Carolina to win outright. With that much riding on the game, this is about to become a stressful Sunday night. ARGEANAS: How long have you been there? Come on, man. No way. No way. Game is rigged. Game is rigged. Yeah! Yeah, baby! Yeah! All right!

LAVANDERA: Halfway through the game, Argeanas can't stop twitching.

ARGEANAS: I'm nervous. My guts are like this. Yeah! Come on, man. Come on, Carolina. It's nerve wracking. I can't enjoy the game. I am watching going, oh. I guess I got to do a few more shows now.

LAVANDERA: Argeanas needs to book two more shows to make up for $3,000 he lost. He knows what Elvis would be singing on a night like this.

ARGEANAS (singing): I found a new place to live, heartbreak hotel.

LAVANDERA: The singing has ended, and this Elvis has left the building. He'll have to keep performing, because the king of rock'n' roll is now the king of hard luck.

ARGEANAS: Viva Las Vegas, man, I'll tell you.

LAVANDERA: Ed Lavandera, CNN, Las Vegas.

(END VIDEOTAPE)

LIN: Janet Jackson took a big gamble at the Super Bowl. Her overexpose, everyone is talking about it. Jeanne Moos hit the streets for reaction, and that brings us to today's "Buzz." Should the FCC take action against CBS and MTV for Janet Jackson's breast-baring performance? Vote now on cnn.com/360. Result when we come back.

(COMMERCIAL BREAK)

LIN: Yes, it was the rip heard around the media world today. Justin Timberlake's tug on Janet Jackson's boostier, leading to an overexposed moment, what "The New York Times" called the day's most spectacular fumble. Jeanne Moos has more on the now infamous wardrobe malfunction.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): In the Super Bowl, you expect manhandling, but not to the point of exposing Janet Jackson's breast. Not since the MTV Video Music Awards when Diana Ross reached over and patted Lil' Kim has a single breast caused such an outcry.

UNIDENTIFIED FEMALE: Miss Janet, you are nasty.

MOOS: On "The View," they even did a recreation of sorts.

UNIDENTIFIED FEMALE: Get over here. What is that? UNIDENTIFIED FEMALE: It's a wardrobe malfunction.

MOOS: A phrase used by Justin Timberlake to explain the incident. Two words that incite giggles.

(on camera): What was it, a wardrobe malfunction?

Let's show them.

(voice-over): We took the tape to Times Square to show instant replay...

UNIDENTIFIED FEMALE: Oh, my gosh.

MOOS: ... after instant replay.

UNIDENTIFIED MALE: I think that's a big oops.

UNIDENTIFIED MALE: Can we zoom in? Is that possible?

MOOS: Fans of pop culture analyzed it as if it were game strategy.

UNIDENTIFIED FEMALE: Was he just trying to up Britney from the last MTV tape?

UNIDENTIFIED FEMALE: Upping the ante, how can we better that?

MOOS: Sure, there were other nipples exposed during the Super Bowl, but they belonged to a guy in an Expedia commercial. The two performers say Justin was supposed to pull off the black boostier and leave the red-laced bra intact.

UNIDENTIFIED FEMALE: Incredibly bad taste.

MOOS (on camera): I remember when halftime was marching bands.

UNIDENTIFIED MALE: Right, well, even then that was a little boring. As long as it's Janet and not Michael, I'm delighted.

MOOS: You mean exposing herself?

UNIDENTIFIED MALE: Yeah, exactly.

MOOS (voice-over): The groundhog may have seen its shadow, but we saw the shadow of Janet Jackson's breast. Must mean six more weeks of did they or didn't they.

UNIDENTIFIED FEMALE: Only the costume maker knows for sure.

MOOS: Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

LIN: Time now for "The Buzz." We asked you, should the FCC take action against CBS and MTV for Janet Jackson's breast-baring performance? Fifty-five percent said yes, 45 percent no. This is not a scientific poll, just your buzz.

And that's it from us. Don't forget, tomorrow, big political day, seven states at stake. Stay tuned to CNN for complete coverage. I am Carol Lin, in for Anderson Cooper. "PAULA ZAHN NOW" is coming up next. Thanks so much for watching.

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







Aired February 2, 2004 - 19:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEOTAPE)
CAROL LIN, HOST (voice-over): With WMD no where to be found, the president launches a probe to untangle the tale of Iraq's weapons.

Martha is back in court, about to face a key witness against her.

Outraged. The FCC chief demands an investigation into Janet Jackson's halftime strip tease.

Seven candidate, seven states. Who among the Democrats will pull away from the pack tomorrow?

Will the jury get to hear what Kobe Bryant told police last summer?

And antidepressants for kids, part of the solution or perhaps the problem?

(END VIDEOTAPE)

ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.

LIN: Good evening, and welcome to 360. Anderson is off tonight. I'm Carol Lin.

Up first, the Iraq inquiry. President Bush bows to pressure. He now plans to appoint a commission to review prewar intelligence that suggested Iraq had weapons of mass destruction. And, in the last hour, British Prime Minister Tony Blair revealed he's making a similar move.

We have team reports from Washington, CNN's White House correspondent Dana Bash and CNN national security correspondent David Ensor.

We begin with Dana Bash.

DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Well, Carol, with even some Republicans saying this whole controversy puts U.S. credibility at stake, the White House decided not to resist the idea of a commission anymore, but instead to embrace it.

(BEGIN VIDEOTAPE) BASH (voice-over): Little more than a week after out going weapons inspector David Kay declared weapons of mass destruction likely won't be found in Iraq, President Bush, under mounting political pressure, now says he will appoint a commission to find out why.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: So I'm putting together an independent bipartisan commission to analyze where we stand, what we can do better as we fight this war against terror.

BASH: Mr. Bush invited Dr. Kay to the White House for a private briefing from the man who declared, "We were all wrong." The White House is assume beaming a nine-person panel, which they compare to the Warren commission set up after JFK's assassination. The panel will focus not just on intelligence in Iraq, but take a broader look at gaps in other crucial areas, like North Korea and Iran.

SCOTT REED, REPUBLICAN CONSULTANT: I think the administration recognized that this issue was starting to get ahead of seam with the American people, with members of Congress. And every once in a while in politics you just (UNINTELLIGIBLE) for what's going to happen.

BASH: The White House officials are informally consulting with some in Congress on the commission's makeup and mandate. It will be appointed only by the president by executive order. Democrats question whether that is truly independent.

SEN. TOM DASCHLE (D-SD), MINORITY LEADER: We can't have the president or anybody else dictating how that commission is going to work and the nominees who will be involved.

BASH: Nine months before Election Day, there are growing misgivings about the war itself. Just 49 percent of Americans think going to war in Iraq was worth it, down 10 points in under three weeks.

(END VIDEOTAPE)

BASH: Now, another thing that's roiling Democrats on this issue is that the deadline for the panel is likely not going to be until after Election Day. They say that makes creating this commission look like nothing more than a political ploy -- Carol.

LIN: Dana Bash live at the White House. Thank you.

Now to the potential fallout from today's decision by President Bush. The U.S. intelligence community under a microscope, and many questioning whether it can be trusted.

With that, here's CNN's national security correspondent, David Ensor.

(BEGIN VIDEOTAPE)

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): Not everyone agrees on what the problems may be, but there is bipartisan consensus that the credibility of U.S. intelligence is in question.

SEN. SUSAN COLLINS (R), MAINE: I, for one, don't know whether or not to trust the intelligence estimates on North Korea now.

ENSOR: Director Tenet says U.S. intelligence officials is accustomed to the political pressure. But They have worried for months now that as the criticism grow, staff level CIA analysts may find it harder to tell it like it is, and politics be damned.

STUART COHEN, NATIONAL INTELLIGENCE COUNCIL: I'm afraid. I worry constantly about their willingness to make the hard calls when we're being second- guessed.

ENSOR: Some former intelligence officials worry that if the White House picks the panel and designs its mandate, the issue of whether the administration may have attempted to influence intelligence analysts and their product might not be addressed.

KEN POLLACK, CNN ANALYST: It was a relentless series of questions. Any time they wrote something that did not seem to accord with what some members of the administration wanted to hear, they were subjected to a barrage of questions.

ENSOR: Pollack stresses, however, that he does not know of any intelligence analyst who wrote anything that he or she did not believe to be true.

(END VIDEOTAPE)

LIN: And now David Ensor joins us live from Washington.

David, with the establishment of this New commission, there have been many calls for George Tenet's resignation. But with the establishment of this New blue ribbon commission, is that more likely now?

ENSOR: I wouldn't say so. And actually, there have only been a couple of people who have called for his resignation.

He has been CIA director, director of Central Intelligence, for a long time now, under two presidents. He was originally appointed by Bill Clinton. George Bush is the one who gets to decide how much longer he serves. And George Bush seems to trust and like him. Nonetheless, he's in the hot seat like never before -- Carol.

LIN: All right. David Ensor live in Washington.

To politics now. With one day to go, 269 delegates on the line, the seven Democratic hopefuls in one final push for votes in seven date states. Five hold primaries tomorrow and two hold caucuses. For some candidates, it's a chance to get their campaigns off the ropes. For others, it can bring victory or even closer.

Well, two campaigns have the momentum lately. Kelly Wallace is following John Kerry, and Frank Buckley is tracking John Edwards. We begin tonight with Kelly Wallace. Hi, Kelly.

KELLY WALLACE, CNN NATIONAL CORRESPONDENT: Hi, Carol.

Well, John Kerry is leading here in Arizona, and in four of the other states holding contests tomorrow. A big win in this next round would put John Kerry another step closer to the Democratic nomination.

(BEGIN VIDEOTAPE)

WALLACE (voice-over): Maybe it was his wide lead in the polls, or maybe it was his beloved New England Patriots, but John Kerry was sounding quite confident in New Mexico.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: And I predict today that, like father, like son, one term only. Bush is going to be gone.

WALLACE: His strategy? Stay on message. But his rivals have other ideas.

Howard Dean keeps hitting Kerry for accepting more money from lobbyists than any senator since 1989. In Tucson, the Massachusetts senator just shrugs it off.

KERRY: I don't know whatever happened to Governor Dean's positive campaign. But it's the shortest lived positive campaign I've ever seen.

WALLACE: But Kerry got caught not being exactly positive about John Edwards. After an interview, he was overheard by a reporter telling his aide, "Edwards says he's the only one who can win states in the South. He can't win his own state." Aides say Kerry was making a private comment about North Carolina polls. But Senator Edwards quickly fired back.

SEN. JOHN EDWARDS (D-NC), PRESIDENTIAL CANDIDATE: It is important for voters to know when they're casting their vote in the primaries tomorrow that I'm a candidate who doesn't just talk about being able to win in tough states. I've actually done it.

WALLACE: We asked Kerry about Democratic Party chief Terry McAuliffe's comment in which he said President Bush was a man who was "AWOL" in the Alabama National Guard. The president did not appear for National Guard duty for several months in 1972 while he worked for a Senate candidate, but made up time later, according to news's reports. It was an issue in the 2000 presidential race, and Kerry seemed to indicate that Democrats can make it an issue again.

KERRY: I don't know what the facts are with respect to the president's service. I know issues were raised previously. It is not up to me to talk about them or to question them at this time.

(END VIDEOTAPE)

WALLACE: Privately, Democrats say if Republicans go after John Kerry on national security, then the president will have to answer questions about his military service. But Republicans accuse Democrats of engaging in slander, a sign of just how contentious any possible Bush-Kerry match could be -- Carol.

LIN: Kelly Wallace live in Tucson, Arizona. Thank you.

Well, Kerry's chances of winning in November appear to be getting better. A CNN-"USA Today"-Gallup poll released just hours ago has him narrowly beating President Bush. In a hypothetical match-up, 53 percent of those polled say they would vote for Kerry, compared to 46 percent for President Bush. That's still within the margin of error, which means it is a dead heat.

Kerry, though, has a wider lead over his Democratic counterparts. Forty-nine percent of those polled say they'd choose Kerry. Howard Dean comes in second, way behind with 14 percent.

But in South Carolina, the man with the momentum appears to be John Edwards. A different poll puts him in the lead there. Twelve points ahead of Kerry.

Frank Buckley is following his campaign.

(BEGIN VIDEOTAPE)

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT (voice-over): John Edwards barnstormed across South Carolina, trying to fight off a case of bronchitis and the momentum of John Kerry.

EDWARDS: I think if we want real change in Washington, we need somebody who hasn't been there for 15 or 20 years.

BUCKLEY: Edwards leads in South Carolina polls. But with Kerry ahead in most of the other February 3 states, a win in South Carolina is essential. And the senator is hitting hard on the jobs issue here, which the campaign believes is an issue that resonates in a state that's lost 58,000 manufacturing jobs since 2001.

EDWARDS: The job is about more than a paycheck. It's about dignity, it's about self-respect. It's about men and women who have spent their lives taking care of their families and want to do it again. As your president, we will bring jobs to South Carolina.

BUCKLEY: Edwards is appearing in every media market in South Carolina on his last full day of campaigning. He is also doing satellite interviews with TV stations in Missouri, New Mexico and Oklahoma. Even if he doesn't win in those state, Edwards told CNN's Judy Woodruff he expects to make gains.

EDWARDS: Well, I think we'll win delegates in every state tomorrow.

(END VIDEOTAPE)

BUCKLEY: But the most important state for John Edwards is right here in South Carolina, the state in which he was born. We are in Seneca, South Carolina right now, awaiting the arrival of John Edwards. This is the town in which he was born.

He left here when he was 10 or 11 years old, and spent the rest of his life in North Carolina. That's the state he represents now. But South Carolina is do or die for John Edwards. As one campaign official told me today, "We come out of here and we have our ticket to the next round" -- Carol.

LIN: We'll see. Thank you very much. Frank Buckley reporting live.

Coming up, John Kerry's latest endorsement. Michigan Governor Jennifer Granholm shares why she's backing the front-runner. Her first interview since making the announcement right here on 360.

And we are following a number of developing stories right now across the country.

Van Nuys, California: command performance. Actor Robert Blake put on a little show outside the courthouse today. He took a guitar from someone and broke into a rendition of "Over the Rainbow." Inside, the judge refused to allow cameras in the courtroom for the trial.

Redwood City, California: no cameras here either. The new judge in the Scott Peterson case ruled today that no cameras would be allowed in that courtroom during that trial. Media outlets had asked for the trial to be broadcast.

Palm Springs, California: stressing out. Singer Barry Manilow is undergoing tests today. He was admitted to the hospital on Saturday, suffering from stress-related chest pain. Manilow is in legal arbitration over the rights to his stage musical, "Harmony."

Punxsutawney, Pennsylvania: groundhog controversy. The famous Punxsutawney Phil popped his head out and saw his shadow, which means six more weeks of this miserable winter. But maybe not. Georgia's groundhog, General Beauregard Lee, didn't see his shadow. And that means spring is right around the corner.

Which furry forecaster is right? Only time will tell.

And that's a look at stories "Cross Country" tonight.

Janet Jackson revealed a flash at the Super Bowl. It sparked an FCC investigation. Was it all an accident or rehearsed for a controversy? We're going to take a closer look.

Plus, Martha Stewart's stock troubles. A key witness gets the green light to take the stand.

And viva lost wages. A chronicle of Super Bowl hype gone bust. How thousands of dollars went gone with the wind.

But first, let's take a look "Inside the Box" at the top stories on tonight's network newscasts.

(COMMERCIAL BREAK)

LIN: Well, now to a triple dose of celebrity troubles.

Jen Rogers in Los Angeles on the Janet Jackson story. Allan Chernoff has the news of Martha Stewart's trial. And Gary Tuchman is in Eagle, Colorado, where there was a hearing in the Kobe Bryant case.

Let's start with Janet Jackson's appearance on the halftime show at last night's Super Bowl in Houston. Jen Rogers reports on her case of super overexposure.

JEN ROGERS, CNN CORRESPONDENT: Hi there, Carol. That is right.

You know, this moment has probably been replayed more than any other highlight out there from the actual game itself. And you know, certainly man people were shocked by it. And it turns out there could be some repercussions beyond just the court of public opinion.

(BEGIN VIDEOTAPE)

ROGERS (voice-over): First, there was the kiss. Now, there's the rip.

UNIDENTIFIED FEMALE: I'm shocked.

UNIDENTIFIED MALE: It's disgusting. Inappropriate television. Very inappropriate.

UNIDENTIFIED MALE: The way the game was going, I thought that was the best highlight of it all.

ROGERS: The racy conclusion to the Super Bowl's halftime show certainly grabbed fans' attention, and it turns out the government's as well. Monday, Federal Communications Commission chairman Michael Powell launched an investigation, saying he is outraged.

MICHAEL POWELL, FCC COMMISSIONER: I thought it was outrageous, and I was deeply disappointed as I sat there with my two children. And I knew immediately this would cause great outrage among the American people, which it did.

ROGERS: CBS, which aired the Super Bowl, MTC which produced the halftime show, and Justin Timberlake, the bodice ripper himself, all characterized the moment as unrehearsed and unplanned. But the FCC has its doubts. And many in the entertainment industry see this as just another buzz-generating stunt.

UNIDENTIFIED FEMALE: I think probably from a PR standpoint it is a good move for her, because controversy generates album sales.

ROGERS: The timing for Janet Jackson, some say, couldn't be better. Her new album hits stores this spring.

(END VIDEOTAPE)

ROGERS: Now, while the timing may not be so bad for Janet Jackson, the timing is a little bit tough for the station that is aired the Super Bowl. And that is because Chairman Powell has been quote aggressive against indecency in just the last couple months. And Congress is also working towards possibly raising the amount in terms of what you can be fined per violation -- Carol.

LIN: All right. It gives a whole new meaning to boob tube, Jen. Thanks very much.

Let's flash back to a recent controversy about indecency on TV. At last year's Golden Globe Awards, Bono uttered a four-letter word. The FCC was listening. The commission ruled that since Bono was using the word as an adjective, and not to describe sexual function, he wasn't "indecent."

Well, Bono offered to sing a song about AIDS at this year's Super Bowl, but the NFL turned him down. The halftime show, pro football decided, should be about entertainment, not single issues.

Of course, we want to hear from you. Today's "Buzz" question is this: Should the FCC take action against CBS and MTV for Janet Jackson's breast-baring performance? Vote now, cnn.com/360. Results at the end of the show.

All right. Some interesting testimony in the Martha Stewart trial today. A former secretary to ImClone's founder, Sam Waksal, told the court about a call she took from Stewart just after she dumped her stock.

CNN's Allan Chernoff has details.

(BEGIN VIDEOTAPE)

ALLAN CHERNOFF, CNN BUSINESS CORRESPONDENT: A recounting of Martha Stewart's frantic phone call to her friend Sam Waksal, former chief of ImClone Systems, took center stage in the obstruction of justice trial. Waksal's assistant, Emily Perret, recalled Stewart's order as either, "Get Sam," or, "Where is Sam? This is Martha. There's something going on with ImClone. I need you to find him."

Perret said Stewart was "hurried, harsh and direct," as she often was on the phone. What was going on at ImClone was that the company was about to announce its cancer drug application had gotten a thumbs down from the Food and Drug Administration. At Merrill Lynch, stock surveillance employee Brian Schinfeiser (ph) testified he noticed unusual trading among clients of broker Peter Bacanovic. Schinfeiser (ph) said Waksal's daughter, Aleesa (ph), sold at 9:30 a.m., his daughter Ilana (ph) sold at 11:25, and Martha Stewart sold at 1:43 p.m.

When Merrill Lynch questioned Bacanovic, he said there was an agreement with Martha Stewart to sell if ImClone's price fell below $60. That's the same explanation Martha Stewart give investigators. Stewart's friend, Rosie O'Donnell came to court to offer support.

ROSIE O'DONNELL, FMR. TALK SHOW HOST: We actually receive -- I e-mail her back and forth and I leave messages, as she did for me during my trial. And I think she's an amazing woman.

(END VIDEOTAPE)

CHERNOFF: The government's star witness, Bacanovic's assistant, Douglas Faneuil, is scheduled to testify tomorrow afternoon. He's expected to say that he told Martha Stewart the Waksals were selling, which led to her sale of ImClone stock -- Carol.

LIN: All right. Thank you very much. Allan Chernoff in New York.

We turn to the Kobe Bryant case. The defendant was due in court for a pre-trial hearing today but called in sick.

CNN's Gary Tuchman joins us now from Eagle, Colorado.

What happened, Gary?

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Well, Carol, the court is still in session as we speak. But as you said, without the Los Angeles Laker guard. He told his attorneys he didn't feel good this morning. He actually is in the area in Eagle, Colorado.

They asked the judge for permission for him not to show up. The judge said OK. And as we speak right now, Pamela Mackey and Hal Haddon, his two attorneys, are carrying on in the courtroom without him. They're discussing in a closed courtroom -- the judge is not allowing reporters in -- the issue of the accuser's medical history.

Kobe Bryant's attorneys want to be able to use it during the trial. They say the woman waived her confidentiality by discussing her history widely with family members and friends. And they say her medical history will show that she is not to be trusted.

Called to the stand today -- we saw her personally go in -- was the accuser's mother and the accuser's ex-boyfriend, as well as other friends. The prosecution says it is totally irrelevant to the case, she deserves her privacy. We expect the judge will make a decision on this in a written order in the days to come.

It is a two-day hearing. Kobe Bryant will be here tomorrow, we're being told. And tomorrow they'll discuss a statement that he made one day after the alleged rape. It was a 75-minute statement to police that police surreptitiously recorded an audiotape.

Kobe Bryant's attorneys are saying this should not be used in the trial. They want this out because they are saying he wasn't advised of his rights. But prosecutors are saying he didn't have to be advised of his rights because he hadn't been arrested yet and he wasn't in custody.

Carol, back to you.

LIN: A lot happening out there in Eagle, Colorado. We'll let you get back in the courthouse. Thanks very much, Gary. Gary Tuchman. We are tracking a number of developing stories around the globe. Let's check the "UpLink."

Islamabad, Pakistan: selling nuclear secrets. The man who started Pakistan's nuclear program says he transferred some of that technology to North Korea, Iran and Libya. Abdul Qadeer Khan, is now being held at his home under tight security. He's been under investigation since December.

Tehran: election uproar. Iran's largest pro-reform party announced it is withdrawing from the upcoming election there. Thousands of its candidates have been banned from standing for election by hard-line clergy.

Mina, Saudi Arabia: the death toll rises. Saudi officials now say 251 people died after a stampede at the annual Hajj pilgrimage. It happened during a stone-throwing ritual. Last year, 36 were trampled to death en route to the same ritual. More than two million pilgrims are attending this year's Hajj.

Berlin: testing for Bird Flu. German Emergency Services say they have taken two women to a tropical diseases clinic. They suspect the women were infected with Bird Flu. Two more people died from the virus in Vietnam and Thailand, and that brings the number of deaths in the epidemic to 12.

And that is tonight's "UpLink."

All right. Teens, antidepressants and suicide. How concerned should parents and doctors be? We are going to hear from both sides as they try to get the government to take action.

Also tonight, unrest in Haiti. An experiment in democracy begins to unravel.

And a little later, more canceled flights over terror concerns. We get the latest from Washington.

(COMMERCIAL BREAK)

LIN: The growing controversy over treating teens with popular adult antidepressants reached Capitol Hill today. Medical correspondent Dr. Sanjay Gupta has more details.

(BEGIN VIDEOTAPE)

SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice-over): Some parents blame their children's death on the very drugs they expected to stop their children's depression. Terri Williams' 14-year-old son was on antidepressants.

TERRI WILLIAMS, SON COMMITTED SUICIDE: After four weeks of treatment he began to show signs of agitation, which we were not aware that was a potential side effect. And after seven weeks of treatment he hung himself.

GUPTA: Other parents credit the same medicine for saving their children's lives.

UNIDENTIFIED FEMALE: Well, I have two children who have been on antidepressant medication and have done very, very well and lead full lives. And so I shudder to think what would happen to them if these medications weren't available.

GUPTA: Now, the U.S. Food and Drug Administration is trying to determine which side is right.

DR. RUSSELL KATZ, FDA: The wrong answer in either direction prematurely arrived at could have profound negative consequences for the public health.

GUPTA: The issue came to a head last year when British regulators sent doctors a warning, saying a popular group of antidepressants, including Paxil, Zoloft and Celexa, might actually increase a child's risk of attempting suicide. Only one drug in the class, Prozac, is actually approved for use in children. The rest are approved for use in adults, but doctors often prescribe them for depressed children as well. The FDA is analyzing information from drug manufacturers to determine what studies show.

UNIDENTIFIED MALE: Having looked at these initial summary reports from companies, we did not have complete confidence in the case finding. And so we issued, as I mentioned, a second request for clarification.

GUPTA: For now, the FDA has advised U.S. doctors to monitor their pediatric patients on these drugs very carefully. A final recommendation is expected late this summer.

(END VIDEOTAPE)

LIN: So Sanjay, how does the FDA expect to determine whether these suicides were caused by the antidepressants or simply by depression?

GUPTA: That's an interesting question, because it's sort of counterintuitive, right? When you think about treating depression, you think you're also going to treat some of the consequences of depression. In this case, suicidal thoughts and suicide itself.

What happens sometimes in some of the studies that have been done is kids who are treated with depression, versus kids who are depressed but not treated, they're finding that the suicide rates might actually be a little bit higher that those that are receiving the medications. So that's what they're finding out here.

It is going to be tough to determine. It is a very important question, but a very difficult one to figure out. I foresee many studies still ahead before any final recommendations are made -- Carol.

LIN: All right. Thank you very much. Dr. Sanjay Gupta.

GUPTA: Thank you. (BEGIN VIDEOTAPE)

LIN (voice-over): Who among the Democrats will lead the pack in tomorrow's primaries?

Martha Stewart about to face the man who could make or break her case.

And half-dressed (UNINTELLIGIBLE) at halftime. How did this happen?

360 continues.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

LIN: In the next half hour on 360, more flights canceled because of security concerns. Find out why.

Plus, an experiment in democracy turns violent. Protests then unrest pushing Haiti to the brink. We'll get the latest.

Martha Stewart's day in court. A key witness cleared to take the stand.

And a little support from a fellow celebrity.

First, let's check our top stories in "The Reset."

At the White House, President Bush now says he will appoint a commission to review U.S. intelligence on the spread of weapons of mass destruction. Political pressure for such a probe has been building.

Tonight, Britain says Prime Minister Tony Blair will also appoint a commission to investigate problems with intelligence.

In central Turkey, an unknown number of people are trapped under the concrete and twisted metal of a collapsed high-rise building. There are reports that an explosion and a heater may have caused the ten-story apartment building to crumble.

In Charleston, West Virginia, the man seen in this surveillance video has pleaded guilty to assaulting an 11-year-old girl in a Target store last July. Allen Dwayne Coates could serve life for first- degree sexual assault and abduction.

In Washington, scientists say the Hubble telescope has detected oxygen and carbon in the atmosphere of a planet 150 light years from earth. Astronomers say these are not signs of life on the hot gassy planet called Osiris, but it is the first time those elements have been found around a world outside our solar system.

Now terrorism fears in flight. More flights canceled today but homeland security officials say there are no plans to ground anymore international flights in the days to come. The latest from CNN's homeland correspondent Jeanne Meserve. Here it is.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN HOMELAND CORRESPONDENT (voice-over): A British Airways flight and Air France flight into Washington Dulles airport scrubbed Monday. Officials say those are likely to be the last in a spade of cancellations prompted by recent intelligence.

TOM RIDGE, HOMELAND SECURITY SECRETARY: We decided that given the nature of the threat, the specificity of the threat, it was best to cancel those flights, public safety being the highest priority.

MESERVE: Although the intelligence mentioned airlines, flight numbers, and dates, it did not specify the method of attack. Among the possible scenarios spun out by analysts, the use or transport of biological, chemical, or radiological weapons.

U.S. officials acknowledge those weapons of mass destruction could be put on an aircraft undetected although they point out that some cargo goes through radiological screening. Passenger screeners are trained to look for chemical agents and the Transportation Security Administration has dogs capable of sniffing out chemicals and radiological material. But one expert on homeland security finds the use of weapons of mass destruction on an airliner an unlikely scenario.

DAVID NYMAN, CENTER FOR STRATEGIC & INTERNATIONAL STUDIES: It is not a very practical dissemination tool, frankly, for biological or chemical attack. You might infect a group of people on an airplane. It would certainly create terror, but, in terms of catastrophic terrorism it would not reach that standard.

(END VIDEOTAPE)

MESERVE: U.S. officials say tonight that the same source that provided the information that led to this weekend's cancellations has cautioned them about another Air France or British Airways flight. One official says the date in question is several weeks away, and he expresses the belief that with this much lead time, authorities may be able to run down the intelligence, check out the passengers and avoid another cancellation. Carol, back to you.

LIN: Thank you very much. Jeanne Meserve in Washington.

Turning now to politics and Senator John Kerry's presidential campaign. On the night before voters in seven states choose a Democratic candidate, Kerry can boast some important endorsements, including that of Michigan governor, Jennifer Granholm.

Her support is key because Michigan is a battleground state that could be crucial to anyone's victory in November. And second, Granholm's popularity. Some say if she hadn't been born in Canada, she, herself, might be a contender for the Oval Office. Granholm talks politics with us in her first interview since the endorsement Saturday. Good evening, governor. Thank you very much for being with us. JENNIFER GRANHOLM (D), GOVERNOR OF MICHIGAN: You bet. Thanks for having me on.

LIN: Well, your candidate, John Kerry, he is the first Democrat to win both Iowa and New Hampshire since Jimmy Carter and Michigan is critical to his success. How confident are you that he will win the primary in your state?

GRANHOLM: Well, I am very confident because I can tell you, in Michigan, and believe me, as a governor, I'm very pragmatic. Here, the issue is jobs. We have lost 170,000 manufacturing jobs under the current administration. John Kerry has had the longest record of posted position paper on this issue of manufacturing. He's been very supportive of the manufacturing industry. He has a great plan for supporting manufacturers. Truly, here, it's just been devastating. These 170,000 jobs that we've lost or 170,000 human stories, it's, above all issues here in Michigan.

LIN: The nature of the voting in your state, though, could influence the outcome. For example, Michigan is the only state that is allowing Internet voting, people to vote on the Internet in the primary, the nomination process. Given what Howard Dean can do with the Internet and raising record amounts of money, how concerned are you? Are you worried that the Internet voting process may influence the outcome?

GRANHOLM: Actually, I'm very encouraged by the Internet voting process. I think it brings a lot of people into it that otherwise might not choose to vote. It is a very exciting and new 21st century tool. I encourage other states to do it as well. We have a lot of support here in Michigan. The Internet just makes it easy for John Kerry supporters, and the supporters of everyone else to access this great tool. A lot of people have gotten their ballots but haven't chosen to vote by Internet yet. They want to see how it shakes out. The numbers for John Kerry look good in Michigan. I'm confident.

LIN: Also, it makes it easier for people to influence the process. Lots of talk about hackers interfering with the process. Are you confident about the security of the Internet voting process?

GRANHOLM: Yes. It's been checked and double checked. We feel very good about the process and the security measures that the Democratic party have taken on. You know, it's worked well when Arizona did it last time. I think we're very excited about this prospect. I hope to prove to other states as well that this is the way to go.

LIN: You know, it's got to be a 50-state campaign, whoever the nominee may be. And of course, that has to include the critical south, the southern part of the United States. If it is John Kerry as the nominee, how does John Edwards look to you as a vice presidential running mate?

GRANHOLM: I think he would be a fabulous vice presidential running mate. I think the ticket has to be balanced. I certainly think that John Edwards has spoken to people, spoken to their heart. I think he would be a great balance to Senator Kerry. Both of them talking about this issue of job losses and making sure our country can compete with other countries that are paying $1.57 an hour. That is going to be the issue. Both of them are talking about it. I think it would be a great ticket.

LIN: Governor Jennifer Granholm, it's going to be an exciting night in your state.

GRANHOLM: It sure will.

LIN: Looking forward it. Thank you.

In the Caribbean nation of Haiti, the political pressure is intense. Emotions are so high Americans are being told to stay away for their safety. Protesters have hit the streets demanding the resignation of the president, Jean-Bertrand Aristide. The latest now from CNN's Harris Whitbeck.

(BEGIN VIDEOTAPE)

HARRIS WHITBECK, CNN CORRESPONDENT (voice-over): Demonstrations turned violent in Port-Au-Prince. Since Haiti's opposition to President Jean-Bertrand Aristide took to the streets last December, more than 50 people have died. The opposition was out again on Sunday demanding Aristide's ouster. But this time, the protests were peaceful.

CHARLES BAKER, OPPOSITION LEADER: He stole elections, stole the presidency. And now it's time for him to go. He's killing too many people. Schools, all universities are closed right now in Haiti. Commerce is going to shambles.

WHITBECK: Aristide has never been popular with Haiti's elite who are behind the most recent protests. As a former member of the clergy, known as the priest of the poor, he was democratically elected in 1990. He was forced out by the military and returned to power following a U.S. invasion in 1994.

But Aristide has lost support. He has attempted to implement what his critics call populist policies. He has attempted to tax the rich in favor of the poor, losing the support of even some of his staunchest allies and losing economic aid from the United States.

The opposition says the violence has been the result of Aristide's efforts to quell dissent. Fellow Caribbean leaders stepped in to mediate. Aristide met with them this weekend in Jamaica and returned to Port-Au-Prince promising to work with the opposition and to organize new parliamentary elections this summer.

But Haiti's poor are getting even poorer and some of them are beginning to do what they had not done before. They are placing the blame on their former priest. Harris Whitbeck, CNN, Port-Au-Prince.

(END VIDEOTAPE)

LIN: Wednesday on 360, Anderson Cooper's exclusive interview with President Jean-Bertrand Aristide. A leader under fire. The political turbulence. Aristide tells his side of the story. A special report on Wednesday at 7:00 p.m. Eastern, 4:00 p.m. Pacific right here on 360.

Martha Stewart back in court. A phone call in question. The testimony ahead in justice served.

Plus regrets over the rip. Fallout from the bare performance by Janet Jackson during the Super Bowl halftime show.

The game behind the game. The money blitz in Vegas. See how one fan sweated out the Super Bowl trying to beat the odds.

(COMMERCIAL BREAK)

LIN: Now for "Justice Served," the Martha Stewart trial. Today a former ImClone secretary told the court about a phone call she took from Martha Stewart, supposedly right after Stewart ditched her stock in the company. The secretary said that Stewart was very hurried, harsh and direct when she ordered her to, quote, "Get Sam," referring to Sam Waksal. Compelling testimony but perhaps a warm-up compared to what the court will hear tomorrow when the prosecutions star witness stakes the stand.

Joining me now is Kimberly Guilfoyle Newsom and Celebrity Justice correspondent Carolina Boia. Great to see both you. An exciting day in the court room.

Kimberly, what do you make of this phone call, how significant is it?

KIMBERLY GUILFOYLE NEWSOM, 360 POLITICAL ANALYST: I think it has a potential to be a smoking gun for the prosecution. Keep in mind this phone call was made after Martha Stewart received information about ImClone. What's important is someone told her, who told her and when. She had information something was amiss with the stock. She called directly to Waksal's assistant, was very hurried, adamant and insisted on speaking to him and finding him.

LIN: How important, Carolina, do you think the tone?

You were in the courtroom during this testimony. Did they make a lot of the way she handled the courtroom?

CAROLINA BOIA, CELEBRITY JUSTICE CORRESPONDENT: Initially, I mean, pens were flying and all the reporters when they heard hurried, harsh, direct. I mean, that sounded like Martha Stewart wanted find out then and there as the message said, what is going on with ImClone. And she told the assistant, allegedly, find Mr. Waksal right way.

LIN: And she was in a panic.

BOIA: Correct. But then on cross-examination, Mr. Morvillo, Martha's lawyer asked doesn't Martha Stewart normally have this tone, this hurried, direct, harsh tone, and she said, yes. As a matter of fact, most of the she does speaks in this way. She's in a hurry, she wants to get things done.

LIN: Kimberly, the same assistant testified her boss, Sam Waksal actually asked her to destroy records of this telephone call. The fact it was Sam Waksal who made that order, even though she did, she managed to rescue the records and not Martha Stewart does it still backfire on Martha Stewart?

Does it reflect poorly on her?

NEWSOM: I think it does and you make an excellent point. I mean, really if there wasn't something amiss and if they weren't trying to cover up some wrongdoing, then why is he behaving in this fashion?

Why is he trying to cover up misdeeds or wrongdoing?

At same time her defense is going to argue, listen that's him, he plead guilty, his crime, leave me out testify.

LIN: Carolina.

BOIA: It is also important to note that Waksal didn't just ask his secretary to destroy messages of Martha Stewart alone, but all the messages. His secretary said, I didn't know where to begin. Do start when initially started working for Waskal? Do I start destroying messages from the past month?

She was a little confuse and also nervous because she knew she was doing something unlawful.

LIN: We had a celebrity present in the court room. A lot of talk that Martha Stewart's friends were not publicly coming out in her support. But Rosie O'Donnell was in the court this morning. What was it like?

BOIA: Well, I feel the jury -- you know, it's like when children see Goofy on television, Mickey Mouse, then they go to Disney World and get see them in real life. It is so exciting. I feel for many members of the jury that's how they felt when they saw Rosie O'Donnell in the court room. Also, we had Barbara Walters last week. So we had a couple of celebrity entrees. Nevertheless, while it might be of interest for a split second, I really do believe that it's not going affect their decision ultimately.

LIN: All right. Kimberly, the star witness tomorrow, the assistant.

NEWSOM: Finally.

LIN: The assistant. We get to hear from Douglas Faneuil.

NEWSOM: This is the key aspect of the prosecution's case. He's going to present the most critical evidence against Martha Stewart. But I'm anxious to see what the defense will do. There's a lot of speculation and talk about his credibility and whether or not he's truth worthy. And we had information that specifically Bacanovic gave him a five rating for accuracy which I think is going to help the prosecution. If they can convince this jury that this is a guy who was in the wrong place at the wrong time, tried to do the right thing and was basicly in turmoil over this, then his testimony will be given a lot of weight.

LIN: Credibility looks like it will be key in this case, because apparently, the defense is asking for access to Douglas Faneuil's psychologist.

NEWSOM: That's correct. It will be interesting to see whether or not the judge will allow any of this information in. He's going to have a hearing on it and determine whether or not any of it is, basically, relevant to this case. Again, dealing with privilege issues. So, it is a touchy area.

LIN: All right. Thank you very much for the both the insight, the legal insight and the scoop inside the courtroom.

For tonight's edition of "Fresh Print" we got a hard look at the Super Bowl's halftime show and the flurry of print unleashed with a pull of Justin Timberlake's hand.

(BEGIN VIDEO CLIP)

(SINGING)

(END VIDEO CLIP)

LIN: No surprise they covered Janet Jackson's skin better than she died. But the papers weren't the only ones spilling ink over spilled flesh. CBS and MTV which produced the halftime show sent out dualing releases. Pundits argue that it must have been planned because MTV's pregame release promised shocking moments and because Jackson wore what appeared to wear a pasty but on closer, much closer inspection turned out to be a body piercing. Timberlake release called it an accident and apologized for what he called a "wardrobe malfunction." Still a good worker never blames his tools, so the FCC sent out its own statement saying it wants it's pound of flesh, launching an investigation faster than the government has launched some other investigations. Why, because the sight of a bare breast tainted the show. Apparently, FCC Chairman Michael Powell thought the rest of the show was okay, including Kid Rock's lyrics on his co- workers.

(BEGIN VIDEO CLIP)

(SINGING)

LIN: Then kid rock was wearing something, the American Flag.

And, this just in to CNN. A statement from Janet Jackson admitting the bare show was planned.

She says, "The decision to have a costume reveal at the end of my halftime show performance was made after final rehearsals. MTV was completely unaware of it. It was not my intention that it go as far as it did. I apologize to anyone offended -- including the audience, MTV, CBS and the NFL."

OK, if that wasn't enough, today's "Buzz" question is this. Should the FCC take action against CBS and MTV for Janet Jackson's breast-baring performance?

Vote now cnn.com/360. Results at the end of the show.

And there is a big game behind the Super Bowl. Thousands betting against the odds. One man's evident to strike it rich just ahead.

Also tonight -- what was the number one movie at the box office this weekend?

We'll tell you in tonight's edition of the current.

(COMMERCIAL BREAK)

LIN: Time to check on tonight's "Current." Promoting his movie, "Something's Gotta Give," Jack Nicholson revealed he doesn't care how old his dates are, saying, quote: "It's never been a matter of years for me." Apparently, what matters most is that they've had a good education, recently.

Bad news. If you are tired of seeing Paris Hilton, she has scheduled an upcoming appearance on "George Lopez." And just to be clear, "George Lopez" is a TV show.

"You Got Served" opened at number one at the box office this weekend. "Perfect Score," about teens who steal the SAT, came in fifth in the rankings, once you double the math.

Media coverage of the Janet Jackson Super Bowl incident has viewers crying, enough already. We'll have more on the story later in the program, and on Thursday's "Overkill" segment.

Well, for a change, this year's Super Bowl lived up to the hype. A real nail-biter. Some fans hoped for a big victory of their own last night by taking a chance on the game. CNN's Ed Lavandera shows us the tense game faces in Vegas. A look at those playing the game behind the game.

(BEGIN VIDEOTAPE)

TOM ARGEANAS, SUPER BOWL BETTER: This is where you pick out what the Panthers' last score is in the game.

ED LAVANDERA, CNN CORRESPONDENT (voice-over): Elvis is picking the Carolina Panthers to win the Super Bowl. Actually, that's Tom Argeanas, and he just put down the biggest bet of his life.

ARGEANAS: If I do well, I'm a happy guy.

LAVANDERA: Vegas betters spent almost $70 million on this year's Super Bowl. Argeanas accounts for $3,000 of that, but he needs Carolina to win outright. With that much riding on the game, this is about to become a stressful Sunday night. ARGEANAS: How long have you been there? Come on, man. No way. No way. Game is rigged. Game is rigged. Yeah! Yeah, baby! Yeah! All right!

LAVANDERA: Halfway through the game, Argeanas can't stop twitching.

ARGEANAS: I'm nervous. My guts are like this. Yeah! Come on, man. Come on, Carolina. It's nerve wracking. I can't enjoy the game. I am watching going, oh. I guess I got to do a few more shows now.

LAVANDERA: Argeanas needs to book two more shows to make up for $3,000 he lost. He knows what Elvis would be singing on a night like this.

ARGEANAS (singing): I found a new place to live, heartbreak hotel.

LAVANDERA: The singing has ended, and this Elvis has left the building. He'll have to keep performing, because the king of rock'n' roll is now the king of hard luck.

ARGEANAS: Viva Las Vegas, man, I'll tell you.

LAVANDERA: Ed Lavandera, CNN, Las Vegas.

(END VIDEOTAPE)

LIN: Janet Jackson took a big gamble at the Super Bowl. Her overexpose, everyone is talking about it. Jeanne Moos hit the streets for reaction, and that brings us to today's "Buzz." Should the FCC take action against CBS and MTV for Janet Jackson's breast-baring performance? Vote now on cnn.com/360. Result when we come back.

(COMMERCIAL BREAK)

LIN: Yes, it was the rip heard around the media world today. Justin Timberlake's tug on Janet Jackson's boostier, leading to an overexposed moment, what "The New York Times" called the day's most spectacular fumble. Jeanne Moos has more on the now infamous wardrobe malfunction.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): In the Super Bowl, you expect manhandling, but not to the point of exposing Janet Jackson's breast. Not since the MTV Video Music Awards when Diana Ross reached over and patted Lil' Kim has a single breast caused such an outcry.

UNIDENTIFIED FEMALE: Miss Janet, you are nasty.

MOOS: On "The View," they even did a recreation of sorts.

UNIDENTIFIED FEMALE: Get over here. What is that? UNIDENTIFIED FEMALE: It's a wardrobe malfunction.

MOOS: A phrase used by Justin Timberlake to explain the incident. Two words that incite giggles.

(on camera): What was it, a wardrobe malfunction?

Let's show them.

(voice-over): We took the tape to Times Square to show instant replay...

UNIDENTIFIED FEMALE: Oh, my gosh.

MOOS: ... after instant replay.

UNIDENTIFIED MALE: I think that's a big oops.

UNIDENTIFIED MALE: Can we zoom in? Is that possible?

MOOS: Fans of pop culture analyzed it as if it were game strategy.

UNIDENTIFIED FEMALE: Was he just trying to up Britney from the last MTV tape?

UNIDENTIFIED FEMALE: Upping the ante, how can we better that?

MOOS: Sure, there were other nipples exposed during the Super Bowl, but they belonged to a guy in an Expedia commercial. The two performers say Justin was supposed to pull off the black boostier and leave the red-laced bra intact.

UNIDENTIFIED FEMALE: Incredibly bad taste.

MOOS (on camera): I remember when halftime was marching bands.

UNIDENTIFIED MALE: Right, well, even then that was a little boring. As long as it's Janet and not Michael, I'm delighted.

MOOS: You mean exposing herself?

UNIDENTIFIED MALE: Yeah, exactly.

MOOS (voice-over): The groundhog may have seen its shadow, but we saw the shadow of Janet Jackson's breast. Must mean six more weeks of did they or didn't they.

UNIDENTIFIED FEMALE: Only the costume maker knows for sure.

MOOS: Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

LIN: Time now for "The Buzz." We asked you, should the FCC take action against CBS and MTV for Janet Jackson's breast-baring performance? Fifty-five percent said yes, 45 percent no. This is not a scientific poll, just your buzz.

And that's it from us. Don't forget, tomorrow, big political day, seven states at stake. Stay tuned to CNN for complete coverage. I am Carol Lin, in for Anderson Cooper. "PAULA ZAHN NOW" is coming up next. Thanks so much for watching.

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