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American Morning
Haiti in Crisis; Oscar Wrap
Aired March 01, 2004 - 07:00 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.
BILL HEMMER, CNN ANCHOR: Good morning. Chaos and looting sweep across Haiti after the country's president flees. Will the U.S. Marines now make a difference?
What sent a man over the edge in Hawaii, plowing his SUV into an airport lobby?
Also, hail to the king.
(BEGIN VIDEO CLIP)
PETER JACKSON, DIRECTOR: Wow! Thank you so much for the academy and for all -- you are giving us an incredibly overwhelming night.
(END VIDEO CLIP)
HEMMER: "Lord of the Rings" on a magic ride in Hollywood, a perfect Oscar night, all ahead on AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
SOLEDAD O'BRIEN, CNN ANCHOR: Good morning, and welcome, everybody. Happy Monday, as Bill Hemmer likes to usually say.
Also this morning, we're going to be talking to Secretary of State Colin Powell. He'll be talking about U.S. involvement in Haiti now. A first contingent of Marines arriving yesterday; more are going today. We're going to discuss what the U.S. mission entails and just how far the administration is willing to go to try to restore some order there.
HEMMER: Also, the outcry for same-sex marriage is spreading now on the East Coast, the mayor of a small town in New York performing ceremonies over the weekend. Now, the mayor of New York City is being pressed to do likewise. We'll talk to Jason West, the mayor of New Paltz, a bit later about what's happening in his community. So stay tuned for that.
O'BRIEN: And Mr. Cafferty is here. Did you have a nice weekend, Jack?
JACK CAFFERTY, CNN ANCHOR: I did, in fact. I enjoyed the nice weather. I got to bed early because I didn't bother to watch the Oscars last night. So, it's all good.
The Kobe Bryant case may be over before the trial even begins, based on what happens in a closed hearing that starts today in Colorado. We'll talk more about that in a minute.
HEMMER: Really interesting stuff, too.
O'BRIEN: All right, yes.
HEMMER: Our top story comes out of Haiti. The U.S. Marines are in Haiti. Jean-Bertrand Aristide is out. Former President Aristide in the Central African Republic today, but that may be only a stopover on the way to permanent exile.
A force of about 200 Marines arriving to start restoring order on the island. Several hundred more expected later today. Troops from other countries also will be there later on Monday as well.
An overnight curfew helped to control the widespread looting and the violence in the capital city of Port-au-Prince. Aristide's supporters and protesters clashed in Miami yesterday. At least 150,000 Haitians live in South Florida. We will follow that angle of the story as well today.
First, though, the latest from Port-au-Prince and Lucia Newman, who is by way of videophone.
Good morning -- Lucia. What are conditions there at sun-up?
LUCIA NEWMAN, CNN CORRESPONDENT: Good morning, Bill.
Well, despite the overnight curfew that you mentioned, there was sporadic gunfire heard throughout the city last night, including near the airport, just, in fact, as the U.S. Marines were coming into town.
Now, right now it is rather quiet, but that's how it usually starts. So, it may not really be an indication of how the rest of the day will play out -- Bill.
HEMMER: Lucia, with regard to the rebel leader, has he said what his plans are for today or possibly by midweek?
NEWMAN: Bill, we spoke yesterday to Guy Philippe, who is the main rebel commander, the former police chief of Cape Haitien. He said he would be arriving here late last night or sometime this morning back into town.
Already, though, we have seen some of his sleeper cells coming out from hiding. Yesterday, they were patrolling the streets here. They said they were trying to help the police restore order. They're very well-armed. They've got walkie talkies, cell phones, very sophisticated. They're driving around in SUVs.
Now, they have said that they welcome the arrival of the U.S. Marines, that they're willing to hand over their weapons once order is restored here, Bill, but they're not saying exactly when it is that they're willing to hand over their weapons. We'll see now what will happen now that Marines have arrived.
HEMMER: Lucia Newman, thanks, by way of videophone there in Haiti.
Back in this country, the White House is taking heat over the policy in Haiti. In a few moments, we'll talk live with the secretary of state, Colin Powell, about the U.S. role in the situation there. Stay tuned. That's forthcoming in a matter of minutes here.
O'BRIEN: All right. Let's get to our top stories also this morning. We start with politics.
The Democratic presidential hopefuls are hitting the campaign trail. Less than 24 hours to go before Super Tuesday. The four men squared off last night in the final debate before tomorrow's showdown when 10 states will be holding nominating contests. The Democrats attacked the Bush administration for its handling of the crisis in Haiti; also sparred over economic issues. We've got more on politics coming up in just a few moments.
The U.S. Coast Guard is returning to the site of a tanker explosion this morning off Virginia's eastern shore. Eighteen crewmembers are still missing after the ship exploded, then sank over the weekend. Three people are known to be dead. The 570-foot tanker carrying about three and a half million gallons of ethanol exploded on Saturday night. Six people were rescued yesterday.
Iraq's Governing Council has agreed to an interim constitution. The draft comes two days after the deadline, but officials say the delay will not affect the power handover that's set for June 30. The council is expected to sign the document on Wednesday, after the end of a Shiite feast.
And one year after its creation, Homeland Security Secretary Tom Ridge says that his department is better prepared to handle an emergency on U.S. soil.
(BEGIN VIDEO CLIP)
TOM RIDGE, HOMELAND SECURITY SECRETARY: We have far more people and far more and better technology at our seaports and our airports and our land ports every single day as we work both internally in the United States and with our friends in Canada and Mexico and around the world to deal with the security measures. Although we're doing that and although we're reducing vulnerability around this country, we always want to be prepared. And that's why these folks behind me are so critical to the overall mission of the Department of Homeland Security.
(END VIDEO CLIP)
O'BRIEN: We've got much more from Secretary Ridge coming up in our next half hour.
And in Hawaii -- look at this -- a big headache for passengers at Maui's main airport. A driver rammed his SUV into an open-air ticket lobby. After the crash, he then set his car on fire. Nobody was injured. The incident, though, caused about a 10-hour delay at the airport. Authorities say it was not an act of terrorism, and the suspect remains in police custody.
HEMMER: A good way to get the attention of a lot of people quickly.
O'BRIEN: Wow!
HEMMER: Back to Hollywood now, Soledad. It's good to be the king, and "Lord of the Rings" is in some exclusive Hollywood company today. The film was nominated in 11 categories and won them all.
For a morning-after look at Hollywood's biggest night, here's Daryn Kagan for us today.
(BEGIN VIDEOTAPE)
DARYN KAGAN, CNN ANCHOR (voice-over): The movie industry's biggest night -- the spectacle, the Hollywood royalty, and the night when the king was finally crowned.
UNIDENTIFIED MALE: It's a clean sweep. "The Lord of the Rings: The Return of the King."
KAGAN: "The Return of the King," the final chapter of the monumental trilogy, ran rings around the competition, going 11 for 11 at the Oscars.
JACKSON: Oh, this is just unbelievable, and I'm so honored, touched and relieved that the academy and the members of the academy that supported us have seen past the trolls and the wizards and the hobbits and are recognizing fantasy this year.
KAGAN: The ring sweep tied an academy record for most trophies and gave Peter Jackson his first Oscar for directing.
JACKSON: You are giving us an incredibly overwhelming night.
KAGAN: The best picture winner was no surprise, and for many, neither was best actress.
UNIDENTIFIED MALE: Charlize Theron.
CHARLIZE THERON, ACTRESS: This has been such an incredible year.
KAGAN: Another favorite going in, "Cold Mountain" supporting actress nominee Renee Zellweger, had walked the red carpet twice before. The third time was a charm.
RENEE ZELLWEGER, ACTRESS: I am overwhelmed. I am overwhelmed. Thank you.
KAGAN: Many called "Mystic River's" Tim Robbins the man to beat for best supporting actor. That was true, and no one did.
Triple nominee Sofia Coppola added to her family's history of Oscar winners by taking what many said was her best chance at gold: the original screenplay award for "Lost in Translation." SOFIA COPPOLA, DIRECTOR: I was so happy to look over and see my parents. You know, it's a big honor. I never thought my dad would be watching me get one.
KAGAN: Oscar did offer one surprise: a standing ovation for a Hollywood outsider, and now Oscar winner, Sean Penn of "Mystic River."
SEAN PENN, ACTOR: I did arguably feel that I was there to debunk the notion that it was a popularity contest.
KAGAN (on camera): So, with all of the Oscar gold passed out, the one question that remains: Did the academy do the right thing in moving the Oscars up by almost a month? The thought was to make the awards more special. Some might say it made them too predictable. Others in this town believe they should move it up by even two more weeks.
In Hollywood, Daryn Kagan, CNN.
(END VIDEOTAPE)
HEMMER: All right, Daryn, thank you.
Much more on the Oscars' big night, "90-Second Pop" weighs in a bit later this hour, so stay tuned for that.
O'BRIEN: We'll be talking a little fashion when we do "90-Second Pop."
HEMMER: Yes, we will.
O'BRIEN: And, of course, Daryn looked beautiful, as always, with the little updo.
HEMMER: That's right.
O'BRIEN: You go, girl. Do it for us, because we go to bed at 8:00 here.
Well, Mel Gibson's "The Passion of the Christ," was not eligible for the Oscars this year. Still, though, it got a mention from host Billy Crystal.
(BEGIN VIDEO CLIP)
BILLY CRYSTAL, ACTOR: Mel Gibson's movie, unbelievable hit, $117 million, opened on Ash Wednesday, had a good Friday, a better Saturday and Sunday. Unbelievable.
(END VIDEO CLIP)
O'BRIEN: The controversial movie has taken in, as Billy Crystal mentioned, 117 bucks since it opened the middle of last week on Ash Wednesday. Over the weekend, it brought in more than $76 million. That is the seventh best three-day opening ever. "50 First Dates" came in a distant second over the weekend with $12.6 million, and rounding out the top five were Ashley Judd's crime thriller called "Twisted," "Confessions of a Teenage Drama Queen," which, I guess, you really love if you're 14, and "Dirty Dancing: Havana Nights."
HEMMER: That was one heck of a take for "Passion" in three days.
O'BRIEN: Yes.
HEMMER: The other two days...
O'BRIEN: It will be interesting to see the overall numbers.
HEMMER: Yes.
A check of the weather now.
(WEATHER BREAK)
O'BRIEN: Still to come this morning, U.S. Marines arriving in Haiti. What will be the U.S. role in trying to end the crisis there? We talk live with Secretary of State Colin Powell just ahead.
HEMMER: Also, Democrats face off for the final time before Super Tuesday. That's tomorrow. Things get a bit testy. We'll show it to you.
O'BRIEN: And supporters of same-sex marriage bring their fight to the East Coast. Were going to hear from the mayor of the Hudson Valley village, where there have been more than two dozen gay and lesbian weddings.
Those stories are all ahead as AMERICAN MORNING continues.
(COMMERCIAL BREAK)
O'BRIEN: It was the final debate before the Super Tuesday contest, and things got pretty heated at times. The remaining Democratic presidential contenders squared off yesterday in a discussion that was sponsored by CBS News, WCBS TV and "The New York Times."
National correspondent Bob Franken live in Baltimore for us this morning.
Hey, Bob, good morning.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning.
We're on the campus of Morgan State University, where John Kerry is holding a campaign event in just a short while. Here in Baltimore, in Maryland, which is one of the states that might be in play, obviously tomorrow the stakes are very, very high.
(BEGIN VIDEOTAPE) FRANKEN (voice-over): Most experts contend a John Kerry Super Tuesday blowout seals his nomination, but another John Edwards surprise or two could complicate the picture. And Ohio, Georgia, Minnesota and Maryland seem to be getting competitive.
SEN. JOHN EDWARDS (D), PRESIDENTIAL CANDIDATE: The fundamental issue in this election is whether the people of this country believe that we're going to get change that originates in Washington or change that has to come from out here in the real world.
FRANKEN: John Kerry made it clear in Sunday's debate he would not be painted as an insider, not by Edwards.
SEN. JOHN KERRY (D), PRESIDENTIAL CANDIDATE: The last time I looked, John ran for the United States Senate, and he's been in the Senate for the last five years. That seems to me to be Washington, D.C.
FRANKEN: Each is painfully aware of the rap against him. Edwards: he's too green.
EDWARDS: The issue here is not the length of your resume. The issue is the strength of your vision.
FRANKEN: Meanwhile, Kerry must deal with the complaint he's simply too aloof.
KERYR: Give me a living room, give me a bar and give me a VFW hall, give me a one on one, and I think I can talk to anybody in this country.
(END VIDEOTAPE)
FRANKEN: Well, Kerry is saying, give him the votes. There are 10 states, as we pointed out. If he does well here, if he does well everywhere, there's going to be a lot of pressure on Edwards to pull out.
And hovering over all of this is the Democratic national chairman. Terry McAuliffe is saying that it needs to be decided if not this week, then the following week, because the Republicans, they're ready. They are ready -- Soledad.
O'BRIEN: Well, with pressure like that then, Bob, what is the Edwards' camp saying? Because, again, you know, everyone dismisses polls to some degree, but Senator Edwards is not showing strongly in the polls at this point.
FRANKEN: Well, he also has to make sure that people don't give up, so he wants to continue to say defiantly he is in this race. But beyond that, the next set of primaries, the week after Super Tuesday, are Southern primaries, and Edwards, of course, is from the South. That's where he believes the strength is.
One last point: He has money. He did not say that he would not accept federal funding. He is getting a new infusion of cash. So, he can still afford to go on. You know the old saying, I'd like to write some more checks, but I don't have any more checks to write. Well, he does have money now, and he can write some more checks and continue the campaign.
O'BRIEN: Bob Franken for us in Baltimore this morning. Bob, thanks -- Bill.
HEMMER: About 16 minutes past the hour.
A soft drink giant under fire from federal investigators. Andy Serwer is checking into it, "Minding Your Business" on a Monday morning.
Good morning to you Drew (ph). Nice to see you.
ANDY SERWER, "FORTUNE" MAGAZINE: Good morning. Nice to see you.
HEMMER: First, it is March 1, as we start a new month here, huh?
SERWER: So, let's look back and see how we did in February.
HEMMER: How bad?
SERWER: OK? Not so bad. Not so great. But let's check it out.
The Dow was up about 1.2 percent. You say not so great, but if you do that times 12, you have a very good year. Nasdaq down a little bit. Six weeks in a row, you guys, Nasdaq has been down. And again, S&P up the same as the Dow.
What does that mean? Absolutely nothing. But times 12, again, it's not bad.
Futures are rocking this morning, though. We have some -- probably some move to the upside when we open up.
O'BRIEN: Some big accounting issues over at Coca-Cola. That's a surprise.
SERWER: Yes, it's stuff that's been going on, allegations about this for a while, Soledad. But now apparently, according to "The Wall Street Journal," federal investigators are looking into the beverage giant concerning shipping extra concentrate of their drink to Japan. This is called trade loading. And what it does is it boosts profits over the short term. Takasago is the name of the company in Japan.
And what's really interesting, Soledad, is the person who was in charge of this business for a long time in the 1980s and 1990s was Coke's CEO, Doug Daft. So, investigators looking into that, and a very serious situation for Coke.
HEMMER: All right, thank you, Andy.
SERWER: OK.
HEMMER: March 1.
SERWER: Yes.
HEMMER: Good luck.
SERWER: Good luck this month, right?
HEMMER: That's right.
Let's get a break. Here in a moment, we'll go live to D.C. and talk with Colin Powell about what's happening in Haiti and the role that U.S. Marines will serve there, now arriving on land. We'll get to it in a moment here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Pictures from overnight, the first list of U.S. Marines arriving. Several hundred on the ground already in Haiti. We do expect throughout the day more to arrive and word just crossing a few moments ago that about 50 French troopers have arrived, as well, in Haiti, as they try to restore the order and the peace in that country.
Secretary of State Colin Powell with us now from the State Department.
Mr. Secretary, good morning to you and thank you for your time this morning.
COLIN POWELL, SECRETARY OF STATE: Good morning, Bill.
HEMMER: Let's talk about the mission for the U.S. Marines.
What is their intention and purpose there in Haiti?
POWELL: To help restore stability to the country, and particularly in Port-au-Prince. I'm pleased that the Haitian national police have started to restore order and I'm pleased that the Marines will soon be joined by other nations. And I'm pleased to hear that the French have started to arrive.
So this will be a multinational force now endorsed by a U.N. Security Council resolution to restore stability and help the new Haitian leaders put in place a functioning government, which is what we did not have under President Aristide.
HEMMER: If the looting and the killing continues today, will the Marines have to stop it?
POWELL: Well, we'll have to wait and see. I would, of course, prefer for the Haitian national police to do it. The looting and the disorder has gone down somewhat overnight. We'll have to see what daylight brings. And there are only a limited number of Marines there now. But the force will build up in the course of the next several days, as will multinational forces, other nations arriving.
HEMMER: How do you defend yourself against the charge that the White House was too slow to respond?
POWELL: We responded when there was something to respond to that we felt was appropriate to respond to, and that was a change in the political situation, in this case, the departure of President Aristide. All those who say we should have gone in earlier were advocating a position that we should go in on the side of a president who really was running a flawed government and a flawed presidency. And we were not prepared to do that and find ourselves trapped once again for an indefinite period supporting an individual who may have been elected democratically, but was not governing effectively or democratically.
And we tried to find a political solution. We worked very hard on. We worked with the international community, the OAS, the CARICOM community, our French and Canadian colleagues. And we couldn't find that answer.
So we felt, by the end of the last week, that the only real answer was if President Aristide would take a hard look at the situation and decide to step down, which is what he did. And we said that under those circumstances, we would come in. And we came in immediately.
HEMMER: Mr. Secretary, there's an acting president in charge there based on the system of government set up in Haiti. But what is the contact you've had with the rebel leader Guy Philippe?
POWELL: I have...
HEMMER: And what contact or communication have you had to make sure he stays at bay, if that's even possible at this point?
POWELL: We have ways of talking to the various rebel leaders and I'm pleased that, at least so far, they said they're not interested in violence anymore and they want to put down their arms.
We will have to sort this out with the new Haitian government. Some of these individuals we would not want to see reentering civil society in Haiti because of their past records. And this is something we'll have to work our way through in the days ahead.
HEMMER: Can you explain why this poor struggling nation continues to find itself in the middle of turmoil and strife almost decade after decade, throughout its history?
POWELL: It's been a sad story for almost 200 years now that they have not been able to put in place the political institutions and the political philosophy necessary to organize this desperately poor nation and move forward. And we have tried over the years to help the Haitian people and to help Haitian political leaders, but it just hasn't taken. And we find ourselves in a situation every decade or so, as you noted -- we will try again this time and I know the international community wants to help the Haitian people. They're desperately in need. But we also have to expect their political leaders to put in place responsive, functioning, non-corrupt governments and not just continue to fight and argue with each other and watch the whole thing fall apart again.
A massive investment was made in 1994. President Clinton sent 20,000 troops in. I went in with President Carter and Senator Nunn to talk the generals out of power, brought President Aristide back in. The international community stayed for years after that with police monitors, rebuilding the police force, only to see, over time, President Aristide or his chosen successor -- and he was the man behind the scene, Aristide was the man behind the scene then -- watch that police force we trained become corrupt again.
And so we really have to help the Haitians this time put in place political systems that work and start to create institutions that are responsible to and accountable to the people.
HEMMER: The process begins again anew today.
Mr. Secretary, thank you for your time.
Colin Powell in D.C.
POWELL: Thank you.
You're welcome.
HEMMER: All right -- Soledad.
O'BRIEN: Time now to turn to the Cafferty file.
The question of the day from Mr. Cafferty.
CAFFERTY: I heard you say the French had troops in Haiti. Have they surrounded to the rebels yet? That was a cheap shot.
O'BRIEN: It was.
CAFFERTY: The next two days could be the most important ones in the Kobe Bryant rape case. Closed pretrial hearings -- a little delayed reaction there -- closed pretrial hearings start today in Eagle County. Bryant's accuser will testify behind closed doors for the first time. The issue is whether jurors should be allowed to hear about the sexual history of the victim.
This is not a new tactic. Defense lawyers, if they don't really have a case, they put the police on trial, they put the victims on trial. They say that her sexual past is relevant because it could show her injuries were caused by someone else. What that has to do with whether or not Kobe Bryant raped her, I'm not sure, but that's another issue, I suppose.
Prosecutors disagree. They want the rape shield law upheld. In Colorado, that is likely to be the case. It's been on the books for 30 years. It's been attacked numerous times before and so far it has not been overturned.
The question is this, is the sexual history of Kobe Bryant's accuser relevant? You can e-mail us at am@cnn.com.
HEMMER: Rather unusual, too.
Paris is on line one, by the way.
CAFFERTY: Tell them to take a message, will you? I'll get back to them.
HEMMER: Yes, just like the last time.
O'BRIEN: Yes.
HEMMER: In a moment here, the Hobbits conquer Hollywood last night.
(BEGIN VIDEO CLIP)
(MUSIC)
(END VIDEO CLIP)
HEMMER: "Lord of the Rings" turns every one of its nominations into an award last night. 90 Second Pop weighs in on that. And, of course, the fashion hits and misses.
Back in a moment here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: All right, welcome back.
7:30 here in New York.
What a weekend we had weather-wise here, huh?
O'BRIEN: Yes, it was 60 degrees at 7:00 p.m. last night.
HEMMER: Put it in a bottle and save it.
O'BRIEN: I was driving back to the city.
HEMMER: Yes. You see all the smiles on everyone's faces?
O'BRIEN: No, we were sitting in traffic. No one anywhere near me was smiling.
HEMMER: Sorry about that.
O'BRIEN: That's all right.
HEMMER: Coming up this half hour, we'll talk to Tom Ridge, secretary of homeland security; also have the mayor of New Paltz, New York to talk about same-sex marriages performed in his town. The pressure here in New York City building. Also, Jeff Toobin, the Martha Stewart trial coming to an end, where that stands today. A packed 30 minutes coming up for you here.
O'BRIEN: We've got a lot ahead. Also this morning, a complete look at last night's Oscars with our gang from 90 Second Pop. We've got the winners, the losers, the best dressed and, of course, even more interestingly than that, the worst dressed. Plus, we'll check out our predictions from last week and see if any of us came close.
HEMMER: Were we even on the map? That's right.
The top stories here at the half hour, former Haitian President Jean-Bertrand Aristide has fled to the capital of the Central African Republic. His resignation has left the capital of Haiti in chaos. Hundreds of U.S. Marines you see here in this exclusive tape by CNN arriving in Port-au-Prince last evening ahead of the arrival of a U.N. multinational force. The U.N. Security Council authorizing yesterday an immediate deployment of peacekeepers to Haiti for three months. More on the crisis in the next 30 minutes. William Cohen is our guest at the top of the hour.
It's said to be the largest prisoner transfer yet from the U.S. naval base in Guantanamo Bay in Cuba. A U.S. Embassy spokesman says seven Russian detainees have been returned to their homeland. Only one Russian national still remains in custody at Gitmo.
Officials say they have linked a cousin to the disappearance of a Mississippi couple and their young son. Investigators have completed a search of Earnest Hargon's property. He was charged over the weekend on weapons and drug charges and police say other charges are expected to follow. The Mississippi family has been missing since the 14th of February.
Motorists are going to have to start digging a bit deeper into the pockets. According to a Lundbergh survey, gas prices have jumped nearly $0.07 in the past two weeks. The average price for a gallon of self-serve regular, $1.72. A rise in crude oil prices and higher refinery costs are being blamed for that spike.
Also, a note from sports over the weekend. With shots like these, Tiger Woods held off Davis Love III to win again yesterday, defending his match play title with a 3-2 win in the 36 hole final, $1.2 million the winner's check for Tiger Woods in California yesterday.
(WEATHER REPORT)
O'BRIEN: Well, it's been exactly a year since the cabinet level Homeland Security Department was created. Today, Homeland Security Secretary Tom Ridge will announce that the Department's 28 urban search and rescue teams are ready to handle emergencies on American soil involving weapons of mass destruction.
Earlier this morning, I spoke with the Secretary about it.
(BEGIN VIDEOTAPE) TOM RIDGE, HOMELAND SECURITY SECRETARY: One of the most important things we can do in the war against terrorism is to be prepared. And one of the most significant achievements over the past year was the development and the equipping of 28 urban search and rescue teams. They are teams of 70 individuals. They are prepared to respond at a six hour notice. As a matter of fact, the men and women standing behind me are part of the Fairfax Urban Search and Rescue team, who were one of the first groups to get to Iran to help them out during their recent crisis.
O'BRIEN: You talk about preparing for a possible event, Asa Hutchinson says that this will better secure the United States of America. So clearly everyone is giving the impression that it's safer.
But at the same time, we're really talking about a response mechanism, right? We're not talking about actually protecting before a potential event?
RIDGE: Well, clearly, the primary goal, the hope is that we can prevent an attack. Actually, our mission covers the prevention, an attack, reducing our vulnerability to an attack. But you do have to be prepared for an even if one occurs.
Now, much of what we've done this year is to make security tighter at our borders, airports, seaports, land ports. But along the way, we also do prepare for the possibility of an attack, if it should occur.
O'BRIEN: But many of the doomsday scenarios paint a picture of potentially -- and as you sort of referenced there, a weapon coming in from an airport or a water port.
How do you then use this urban search and rescue -- or maybe the answer is not at all -- to protect that from happening before it becomes a problem, before it's search and rescue?
RIDGE: Well, one of the huge differences between the United States as it was before we had the Department of Homeland Security and now that we have one -- this is our one year anniversary -- is we have far more people and far more and better technology at our seaports and our airports and our land ports. You know, as we speak today, we've got inspectors in Rotterdam and Singapore looking at cargo. We've got thousands of people at the borders. We now have an entry and exit system where we actually monitor the people coming in and have actually turned 130 people away as we've checked them against the FBI's database. We've set up a system where we monitor the 300,000 students that are coming into the country. We've turned about 200 of those away. We've got the Coast Guard constantly vigilant, working on maritime security issues.
So, again, every single day, as we work both internally in the United States and with our friends in Canada and Mexico and around the world to deal with security measures, although we're doing that and although we're reducing vulnerability around this country, we always want to be prepared. And that's why these folks behind me are so critical to the overall mission of the Department of Homeland Security.
(END VIDEOTAPE)
O'BRIEN: That was the secretary of homeland security, Tom Ridge, talking with us a little bit earlier this morning -- Bill.
HEMMER: Soledad, New York City is the newest battleground in the fight over same-sex marriages. Hundreds of gays and lesbians joined politicians yesterday at New York's city hall. They called on the mayor, Mike Bloomberg, to follow the lead of San Francisco's mayor and the mayor of New Paltz, New York by issuing licenses for same-sex marriages.
In New Paltz, 25 such ceremonies performed on Friday and Mayor Jason West plans to conduct more next weekend.
He's with us live now from New Paltz to talk about it.
Mr. Mayor, welcome back to AMERICAN MORNING.
MAYOR JASON WEST, NEW PALTZ, NEW YORK: Good morning.
HEMMER: What are your plans for this week?
WEST: We plan starting this Saturday to perform a limited number of marriage ceremonies. We are going to continue with this. I do ask people if they want to be married to please visit our Web site, villageofnewpaltz.org. We're a small village with just a limited staff and we've got over a thousand couples on the waiting list already.
HEMMER: Yes, what have you heard from the state about the legality of your action?
WEST: I heard that the attorney general has come out in support of same-sex marriages and has refused to issue an injunction. I haven't heard anything from the governor's office or the department of health.
HEMMER: Do you believe you're breaking the law?
WEST: Absolutely not. I took an oath of office last June to uphold the state constitution and that constitution requires equal protection for all New Yorkers under the law.
HEMMER: The New York State Department of Health issued a statement last week. I want to read it to our viewers and catch them up to date on this story. "A municipal clerk who issues a marriage license outside of these guidelines and any person who solemnizes such a marriage will be violating state law and subject to penalties in the law."
I understand you've had a few threats issued against you.
What are they? WEST: Well, that we've had that same statement read to us, you know, from the Department of Health. And it's my opinion that it's the Department of Health that's breaking the law in refusing to issue same-sex marriage licenses to same sex couples in violation of the equal protection clause of our state constitution.
HEMMER: What do you make of this report this morning in the "New York Times" that says your town is clearly divided by the action there in New Paltz?
WEST: I'll have to tell you, I have heard nothing but overwhelming support from the community. We've been flooded with e- mails and phone calls. Everywhere I go in New Paltz people come up to congratulate me. I've had just a few, I've just had a few criticisms over e-mail and phone calls. But overwhelmingly the response has been positive.
HEMMER: Have you followed the news here in New York over the weekend?
WEST: I actually just heard about the rally in favor of same-sex marriages. I've heard the speaker of the city council has urged Mayor Bloomberg to issue same-sex marriage licenses and I do urge Mayor Bloomberg to do so. I do hope that New York City does begin performing same-sex marriages and abiding by our state constitution.
HEMMER: One more thing here, just to be clear, nothing during the week? You'll wait until next weekend, this coming weekend?
WEST: That's correct. We're setting up the administrative infrastructure to be able to handle this. We're trying to be able -- we have a village to maintain, as well. We're trying to keep the day to day business of the village going and integrate these marriages into our regular day to day work.
HEMMER: Jason West is the mayor of New Paltz, New York, age 26.
Thank you for your time again today.
WEST: Thank you.
HEMMER: Soledad.
O'BRIEN: Well, closing arguments will begin this morning in the Martha Stewart trial. The jury could have the case by Wednesday.
CNN's senior legal analyst, Jeff Toobin, is going to be in court today, as he is every day.
He joins us this morning, though, on the couch to talk a little bit about a big ruling from the judge. Tossed out part of the case.
How significant was that, I guess, for the defense and against the prosecution?
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, there were five charges originally against Martha Stewart: obstruction of justice, conspiracy, false statements and securities fraud. A very unusual charge, securities fraud, in a case like this. The judge was always skeptical of it. She had indicated discomfort with the charge at various points. She...
O'BRIEN: Of securities fraud.
TOOBIN: Of securities fraud -- I'm sorry. Threw it out on Friday, saying that the evidence didn't support it. Very important for several reasons. One, it carried the stiffest penalties of any of the charges. So, Martha Stewart's prison exposure is reduced now.
Also, it simplifies the case considerably. Basically, the case is now reduced to: Did Martha Stewart lie to investigators? That may actually help the government as much as it hurts the government, because that's the simplest part of the case, it's the strongest part of the government's case, and that's the only thing the jury will be considering.
O'BRIEN: So, how strong of a case do you think the prosecution has on those four other topics?
TOOBIN: I think pretty strong. I came into this case knowing a lot about it and thinking the case was pretty weak. This case came in much stronger than I expected, particularly against Peter Bacanovic, Martha Stewart's friend, the stockbroker at Merrill Lynch on the stock sale that's at the heart of this case. The case against him, I thought, was quite strong. Not quite as strong against Martha Stewart, but she could very well get convicted.
O'BRIEN: What do juries -- how do juries react when a charge is dismissed? Do they say, wow, the entire argument must be crumbling and, so therefore it would help the defense?
TOOBIN: No, they don't generally, because they don't really know exactly what the charges are. They had a general sense from opening statements. Some of them may remember that the securities fraud was mentioned in opening statements, but that was a long time ago. That was more than a month ago. They've heard a lot over the weeks in many different areas. I think they will probably not draw any conclusion one way or the other by the fact they are not hearing a jury instruction about securities fraud.
O'BRIEN: There are some who have said that even if Martha Stewart is convicted on the four remaining charges -- convicted, a big if obviously -- that she still could easily not face jail time. Do you think that's possible?
TOOBIN: I think that's extremely unlikely...
O'BRIEN: Really?
TOOBIN: ... given the federal sentencing guidelines now. This is not a case with a mandatory jail term. But given the way white- collar sentences work, given the fact that she went to trial and didn't plead guilty -- and if she is convicted, I think it's almost certain that she'll go to jail -- because the securities fraud count is out, she's much more looking like -- she's much more likely to look at one or two years rather than two or three years. But jail time, I would say, is almost a certainty if she's convicted.
O'BRIEN: Right, a big if she's convicted. As you say, we probably won't even know until Wednesday at the very earliest.
TOOBIN: I would say end of the week is much more likely.
O'BRIEN: Really?
TOOBIN: Remember, they have to deliberate on two defendants. That takes longer. And I want to stretch it out a little longer.
O'BRIEN: Oh, you're really enjoying this case.
TOOBIN: I know.
O'BRIEN: As scary as it is for the rest of us.
TOOBIN: I know. I'm sorry.
O'BRIEN: Jeff Toobin, as always, thanks a lot.
TOOBIN: See you.
O'BRIEN: Bill.
HEMMER: All right, Soledad, in a moment here on AMERICAN MORNING, Marines landing in Haiti, criticism that the U.S. should have done more sooner for the former president, Aristide.
Also, John Edwards, the senator, saved his hardest hits for yesterday's Democratic debate. But does he have enough strength to stop the front-runner, John Kerry, tomorrow on Super Tuesday?
And, "Lord of the Rings," the big winner last night. "90-Second Pop" takes a shot at this in a moment after this.
(COMMERCIAL BREAK)
HEMMER: We've got our own group of outcasts. This morning's "90-Second Pop" penal is all about Oscar. You liked that, didn't you?
TOURE, CONTRIBUTING EDITOR, "ROLLING STONE" MAGAZINE: I liked that.
HEMMER: How did our experts do with their predictions? Do we call you guys experts?
SARAH BERNARD, CONTRIBUTING EDITOR, "NEW YORK" MAGAZINE: Sure.
HEMMER: Say hello to humorist Andy Borowitz, back with us. Drew, good morning.
ANDY BOROWITZ, HUMORIST: Andre 2004. HEMMER: 2004.
BOROWITZ: Thank you.
HEMMER: "New York" magazine contributing editor Sarah Bernard.
Good morning, Sarah.
BERNARD: Good morning.
HEMMER: And Toure, the legendary contributing editor for "Rolling Stone."
BERNARD: (UNINTELLIGIBLE) legendary.
HEMMER: Sarah, you called it.
BERNARD: I did. I did so well.
HEMMER: Best picture, congratulations.
BERNARD: Thank you.
HEMMER: You really went out on a limb.
(CROSSTALK)
BERNARD: I know.
BOROWITZ: What a coup.
BERNARD: I don't know where I saw it coming from. But, you know, I'm going to gloat. As I predicted, it was the year of "The Return of the King," but really it was, again, the academy recognizing all three movies, which is why they got 11.
HEMMER: Sarah, you know, you could have thrown a dart and picked this one.
(CROSSTALK)
BERNARD: Hey! Hey, where's the love?
TOURE: I went out on a limb and picked Sean Penn. Hello!
HEMMER: Actually, we're not on Sean Penn yet.
BERNARD: You have to wait.
HEMMER: Toure said Friday "Mystic River" is going to steal the night.
(CROSSTALK)
HEMMER: You said it with conviction.
TOURE: Well, I always say everything with conviction. Like, what do you want from me?
BERNARD: It stole five minutes.
BOROWITZ: You know, Peter Jackson, you know, he won all of these awards. Please, now go to Supercuts. You can do it. You can do it. I think so.
BERNARD: But I've got to say one thing about "Lord of the Rings." This is the first time in Oscar history that the best picture didn't have any nominees in best actor, best actress or supporting roles at all. So, that was kind of an odd thing.
HEMMER: Interesting Oscar history.
TOURE: So, does that say that it's harder to direct, like, people than it is to direct machines? I don't know. What does that mean?
BERNARD: Well, it was such an ensemble. It's really everyone has smaller parts.
BOROWITZ: It's also the first time a fantasy picture.
BERNARD: That's true.
BOROWITZ: I mean, except for some of those Oliver Stone ones. But, I mean, yes, first time.
HEMMER: Hey, listen, best actress, Charlize Theron -- Theron now, not Theron, by the way.
BERNARD: Right, Theron.
TOURE: Right.
HEMMER: Correction made last night. Andy called it. Sarah called it. Not much of a limb here, I don't think.
BERNARD: Hey, I'm getting no credit!
TOURE: Not much of a limb at all.
HEMMER: Yes.
BERNARD: No, she -- I mean, I think everyone pretty much knew she was going to win. There was a chance for Diane Keaton, but...
HEMMER: Except for Toure, who said you'll win the Oscar pool if you go for the upset, Diane Keaton.
TOURE: Oh, here you go, in my face. I'm going to get you back, Billy.
HEMMER: Yes? Well, I think she deserved it actually. If you saw that film and the way she performed...
BOROWITZ: Yes.
HEMMER: ... I mean, she had Aileen Wuornos down to a "T."
TOURE: I can't believe this!
BOROWITZ: Yes, I thought she was -- I thought she was fabulous. And it was very sweet. I mean, she was obviously -- I think that was a genuine emotional speech.
HEMMER: Best actor, Sean Penn?
(CROSSTALK)
TOURE: Can we talk about Sean Penn?
HEMMER: Yes, he won. Andy...
(CROSSTALK)
TOURE: And how some people on the panel said that he was un- liked, and he got a standing ovation. His entire career was recognized in one moment. Love to see that.
HEMMER: Well...
BERNARD: And he...
HEMMER: Go ahead.
BERNARD: He gave a pretty classy speech, I have to admit. I was kind of bracing for him to say something more alarming.
BOROWITZ: And that little WMD line.
BERNARD: He slipped into a WMD joke.
TOURE: Loved that.
BOROWITZ: Yes.
(CROSSTALK)
BERNARD: That was pretty minor compared to what I was waiting for.
HEMMER: You know, before we came on the air, you were making the point that Mel Gibson was invited and chose not to come.
TOURE: Yes.
HEMMER: Why do you say that's so significant?
TOURE: Well, clearly, he's afraid of being booed. You know, like, he can put out this film, but he doesn't want to stand out in public and take people's...
HEMMER: You think that's it?
TOURE: Yes, absolutely. He doesn't want to have people in his face saying, no, we don't like what you've done.
HEMMER: In a lot of ways, just the fact that he made the movie, some people would say, he's inviting that (UNINTELLIGIBLE).
TOURE: Well, of course, but he doesn't have to stand up in public and take it to his face.
HEMMER: I'll talk to you afterwards. I'm kidding.
Fashion, Sarah, who looked good last night?
BERNARD: Nicole Kidman. She has really become one of the fashion icons on the red carpet. I have to say this Chanel outfit was so much better than her Tom Ford (ph) slip-up, I would say, at the Golden Globes. She really looked classy. And not only that, Charlize. We've got to hand it to her. She's got the sort of old school glamour.
TOURE: Soledad!
O'BRIEN: No, Charlize looked fantastic. Nicole Kidman, how did she get into that dress?
BERNARD: I don't know.
O'BRIEN: I mean, she was like squeezed...
BERNARD: There is some secret jumper somewhere.
O'BRIEN: Too tight. Too tight.
HEMMER: Who did not look good?
BOROWITZ: I've got to say, Diane Keaton, she has now officially crossed over from the Annie Hall like to Hassidic rabbi. I mean, please...
TOURE: I don't know. I don't know...
BOROWITZ: Side curls are next.
BERNARD: I know.
BOROWITZ: And look at that. Look at that.
(CROSSTALK)
BERNARD: A Charlie Chaplin hat, too.
BOROWITZ: I felt like I should have been in Schule (ph).
HEMMER: Side curls?
BOROWITZ: Unbelievable.
TOURE: I don't know. As a man, I take a lot of influence from Diane Keaton and the suits that she wears.
HEMMER: Yes.
TOURE: Like, we can, you know, wear those same sorts of things.
BERNARD: Yes.
BOROWITZ: You know, here is a polarizing fashion choice, Toure and I loved Angelina Jolie last night. A lot of the women didn't. I don't get that.
BERNARD: Yes, I wonder why.
(CROSSTALK)
HEMMER: Overall...
BERNARD: And wait. Uma Thurman. Uma Thurman.
HEMMER: Uma Thurman, you liked her, no?
BERNARD: No, terrible.
HEMMER: You didn't like Uma?
BERNARD: It was very peasant-samurai.
BOROWITZ: What about Oprah? Uma, Oprah?
BERNARD: Oh, no!
BOROWITZ: I'm sorry. It's such a great joke, I had to do it.
HEMMER: Just one more point to make here. On Friday, there was a big article about the production for the Oscars being made in a way to track a younger audience, trying to make it more entertaining.
TOURE: Yes.
HEMMER: Did you like the production last night?
BOROWITZ: Well, worst Oscar show ever, I thought.
HEMMER: Really?
BOROWITZ: I think, you know, they brought in Joe Roth, a big producer. I just thought the fact that there was no excitement to the awards.
TOURE: Boring.
HEMMER: Yes.
BERNARD: I know.
BOROWITZ: It was about the only -- I thought the one good presentation...
HEMMER: Here we go.
BOROWITZ: No, seriously, Will Farrell and Jack Black.
BERNARD: Jack Black.
TOURE: A great moment.
BOROWITZ: That saved it. They were great.
BERNARD: Thank god for Jack Black.
TOURE: A great moment.
BOROWITZ: On the other side of things, on Sting and Phil Collins, I mean, that is an inspired (UNINTELLIGIBLE). I mean, Phil Collins is the only guy on the planet who can make Sting look cool.
HEMMER: Here's to 1984.
TOURE: I would just say...
HEMMER: Quickly.
TOURE: ... to see Sofia win the award for best film, couldn't have made it without daddy. That was great. I thought that was great.
BERNARD: Oh! No, she was great. You wanted her to win.
HEMMER: That was good, Toure.
TOURE: Thank you.
BERNARD: And, you know, isn't it great to...
HEMMER: We're out of time. I'm sorry.
BERNARD: Oh!
HEMMER: We can continue this discussion later.
TOURE: And we will.
HEMMER: Here's Soledad.
O'BRIEN: So, take on the rest of the show to talk about fashion and who won and who was dissed. Come on. Keep going. Keep going.
HEMMER: We're good.
O'BRIEN: Still to come this morning, a big decision in the Kobe Bryant case might come today. Jack's got a look at your e-mails just ahead.
Stay with us. You're watching AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: All right, back here, question of the day, to Jack again.
CAFFERTY: Thank you, Bill.
A closed pretrial hearing today in the Kobe Bryant rape case out in Eagle, Colorado. The main issue -- or one of them -- is whether jurors should be allowed to hear about the sexual history of the accuser.
Defense attorneys say that her past is relevant because it could show that her injuries were caused by someone else other than Kobe Bryant. Prosecutors disagree. They say she's protected under Colorado's rape shield law, and they don't want the debate to go any further than that.
The question is: Is the sexual history of Kobe Bryant's accuser relevant? And here are some of what you've sent us so far.
Robin in Orlando weighs in with: "Kobe Bryant obviously didn't care about the sexual history of this woman, and she didn't care about his sexual history. But in a court of law, both parties' sexual histories are important and relevant, and should be put under a microscope during the trial."
Devon writes: "Part of the state's proof that there was no consent is that the victim suffered certain injuries. The defense contends these injuries resulted from sexual activity with someone other than the defendant. What could be more unfair than to prevent the defense from presenting this evidence of innocence?"
Jeff in Elk River, Minnesota: "I think her past is very important and needs to be brought out in the open. I disagree with the idea of the so-called accuser remaining unknown. Was Kobe protected? Is he innocent until proven guilty?"
And on another topic, when I asked Bill if the French troops sent to Haiti had surrendered to the rebels yet, we got a couple of responses. What a surprise.
HEMMER: (UNINTELLIGIBLE).
CAFFERTY: Jay in...
O'BRIEN: From Paris?
CAFFERTY: ... in Sitraka, New York: "Thank you, Jack, for having the courage to speak the truth when no one else will."
And Andre, that's a French name, right? Andre: "Your remarks on French troops are outrageous, and you should ask yourself why we're not liked all over the world."
You know, I would, Andre, but I'm very busy. I have no time to ask myself that this morning. Maybe I'll ask myself that tomorrow.
O'BRIEN: (UNINTELLIGIBLE) care.
HEMMER: Well, you've got a good looking tie on today, though.
CAFFERTY: Listen...
O'BRIEN: You know, we're not going to be nice to you.
(CROSSTALK)
O'BRIEN: Because I've been nice, and you said I'm sucking up today, and I'm just going to stop.
CAFFERTY: Good.
O'BRIEN: There.
HEMMER: You know, you had that word from Paris. Word from Japan today, our sister network in Japan, CNNJ one year old today, viewership now 4.5 million households.
CAFFERTY: Talk about sucking up.
HEMMER: CNN Japan is seen in airports, government buildings, schools, hotels, homes all across the country. And, Soledad, as we like to say always...
O'BRIEN: Ohaya Gozoma (ph).
HEMMER: Although it's primetime there in Japan, Ohaya (ph) nonetheless.
O'BRIEN: Very nice. Nicely done, Mr. Hemmer.
HEMMER: I'm done sucking up.
O'BRIEN: Jack, you're my fave (ph).
HEMMER: Don't smirk, Cafferty.
O'BRIEN: You're my fave (ph). You look fantastic today. Have I mentioned how handsome you are?
HEMMER: Oh, yes.
(CROSSTALK)
CAFFERTY: Tomorrow, we're going to try and get something going in Poland.
O'BRIEN: The music is playing. Let's move it on, shall we? Still to come this morning, what does Senator John Edwards have to do to catch Senator John Kerry? A look to Super Tuesday is just ahead as AMERICAN MORNING continues.
(COMMERCIAL BREAK)
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 March 1, 2004 - 07:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Good morning. Chaos and looting sweep across Haiti after the country's president flees. Will the U.S. Marines now make a difference?
What sent a man over the edge in Hawaii, plowing his SUV into an airport lobby?
Also, hail to the king.
(BEGIN VIDEO CLIP)
PETER JACKSON, DIRECTOR: Wow! Thank you so much for the academy and for all -- you are giving us an incredibly overwhelming night.
(END VIDEO CLIP)
HEMMER: "Lord of the Rings" on a magic ride in Hollywood, a perfect Oscar night, all ahead on AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
SOLEDAD O'BRIEN, CNN ANCHOR: Good morning, and welcome, everybody. Happy Monday, as Bill Hemmer likes to usually say.
Also this morning, we're going to be talking to Secretary of State Colin Powell. He'll be talking about U.S. involvement in Haiti now. A first contingent of Marines arriving yesterday; more are going today. We're going to discuss what the U.S. mission entails and just how far the administration is willing to go to try to restore some order there.
HEMMER: Also, the outcry for same-sex marriage is spreading now on the East Coast, the mayor of a small town in New York performing ceremonies over the weekend. Now, the mayor of New York City is being pressed to do likewise. We'll talk to Jason West, the mayor of New Paltz, a bit later about what's happening in his community. So stay tuned for that.
O'BRIEN: And Mr. Cafferty is here. Did you have a nice weekend, Jack?
JACK CAFFERTY, CNN ANCHOR: I did, in fact. I enjoyed the nice weather. I got to bed early because I didn't bother to watch the Oscars last night. So, it's all good.
The Kobe Bryant case may be over before the trial even begins, based on what happens in a closed hearing that starts today in Colorado. We'll talk more about that in a minute.
HEMMER: Really interesting stuff, too.
O'BRIEN: All right, yes.
HEMMER: Our top story comes out of Haiti. The U.S. Marines are in Haiti. Jean-Bertrand Aristide is out. Former President Aristide in the Central African Republic today, but that may be only a stopover on the way to permanent exile.
A force of about 200 Marines arriving to start restoring order on the island. Several hundred more expected later today. Troops from other countries also will be there later on Monday as well.
An overnight curfew helped to control the widespread looting and the violence in the capital city of Port-au-Prince. Aristide's supporters and protesters clashed in Miami yesterday. At least 150,000 Haitians live in South Florida. We will follow that angle of the story as well today.
First, though, the latest from Port-au-Prince and Lucia Newman, who is by way of videophone.
Good morning -- Lucia. What are conditions there at sun-up?
LUCIA NEWMAN, CNN CORRESPONDENT: Good morning, Bill.
Well, despite the overnight curfew that you mentioned, there was sporadic gunfire heard throughout the city last night, including near the airport, just, in fact, as the U.S. Marines were coming into town.
Now, right now it is rather quiet, but that's how it usually starts. So, it may not really be an indication of how the rest of the day will play out -- Bill.
HEMMER: Lucia, with regard to the rebel leader, has he said what his plans are for today or possibly by midweek?
NEWMAN: Bill, we spoke yesterday to Guy Philippe, who is the main rebel commander, the former police chief of Cape Haitien. He said he would be arriving here late last night or sometime this morning back into town.
Already, though, we have seen some of his sleeper cells coming out from hiding. Yesterday, they were patrolling the streets here. They said they were trying to help the police restore order. They're very well-armed. They've got walkie talkies, cell phones, very sophisticated. They're driving around in SUVs.
Now, they have said that they welcome the arrival of the U.S. Marines, that they're willing to hand over their weapons once order is restored here, Bill, but they're not saying exactly when it is that they're willing to hand over their weapons. We'll see now what will happen now that Marines have arrived.
HEMMER: Lucia Newman, thanks, by way of videophone there in Haiti.
Back in this country, the White House is taking heat over the policy in Haiti. In a few moments, we'll talk live with the secretary of state, Colin Powell, about the U.S. role in the situation there. Stay tuned. That's forthcoming in a matter of minutes here.
O'BRIEN: All right. Let's get to our top stories also this morning. We start with politics.
The Democratic presidential hopefuls are hitting the campaign trail. Less than 24 hours to go before Super Tuesday. The four men squared off last night in the final debate before tomorrow's showdown when 10 states will be holding nominating contests. The Democrats attacked the Bush administration for its handling of the crisis in Haiti; also sparred over economic issues. We've got more on politics coming up in just a few moments.
The U.S. Coast Guard is returning to the site of a tanker explosion this morning off Virginia's eastern shore. Eighteen crewmembers are still missing after the ship exploded, then sank over the weekend. Three people are known to be dead. The 570-foot tanker carrying about three and a half million gallons of ethanol exploded on Saturday night. Six people were rescued yesterday.
Iraq's Governing Council has agreed to an interim constitution. The draft comes two days after the deadline, but officials say the delay will not affect the power handover that's set for June 30. The council is expected to sign the document on Wednesday, after the end of a Shiite feast.
And one year after its creation, Homeland Security Secretary Tom Ridge says that his department is better prepared to handle an emergency on U.S. soil.
(BEGIN VIDEO CLIP)
TOM RIDGE, HOMELAND SECURITY SECRETARY: We have far more people and far more and better technology at our seaports and our airports and our land ports every single day as we work both internally in the United States and with our friends in Canada and Mexico and around the world to deal with the security measures. Although we're doing that and although we're reducing vulnerability around this country, we always want to be prepared. And that's why these folks behind me are so critical to the overall mission of the Department of Homeland Security.
(END VIDEO CLIP)
O'BRIEN: We've got much more from Secretary Ridge coming up in our next half hour.
And in Hawaii -- look at this -- a big headache for passengers at Maui's main airport. A driver rammed his SUV into an open-air ticket lobby. After the crash, he then set his car on fire. Nobody was injured. The incident, though, caused about a 10-hour delay at the airport. Authorities say it was not an act of terrorism, and the suspect remains in police custody.
HEMMER: A good way to get the attention of a lot of people quickly.
O'BRIEN: Wow!
HEMMER: Back to Hollywood now, Soledad. It's good to be the king, and "Lord of the Rings" is in some exclusive Hollywood company today. The film was nominated in 11 categories and won them all.
For a morning-after look at Hollywood's biggest night, here's Daryn Kagan for us today.
(BEGIN VIDEOTAPE)
DARYN KAGAN, CNN ANCHOR (voice-over): The movie industry's biggest night -- the spectacle, the Hollywood royalty, and the night when the king was finally crowned.
UNIDENTIFIED MALE: It's a clean sweep. "The Lord of the Rings: The Return of the King."
KAGAN: "The Return of the King," the final chapter of the monumental trilogy, ran rings around the competition, going 11 for 11 at the Oscars.
JACKSON: Oh, this is just unbelievable, and I'm so honored, touched and relieved that the academy and the members of the academy that supported us have seen past the trolls and the wizards and the hobbits and are recognizing fantasy this year.
KAGAN: The ring sweep tied an academy record for most trophies and gave Peter Jackson his first Oscar for directing.
JACKSON: You are giving us an incredibly overwhelming night.
KAGAN: The best picture winner was no surprise, and for many, neither was best actress.
UNIDENTIFIED MALE: Charlize Theron.
CHARLIZE THERON, ACTRESS: This has been such an incredible year.
KAGAN: Another favorite going in, "Cold Mountain" supporting actress nominee Renee Zellweger, had walked the red carpet twice before. The third time was a charm.
RENEE ZELLWEGER, ACTRESS: I am overwhelmed. I am overwhelmed. Thank you.
KAGAN: Many called "Mystic River's" Tim Robbins the man to beat for best supporting actor. That was true, and no one did.
Triple nominee Sofia Coppola added to her family's history of Oscar winners by taking what many said was her best chance at gold: the original screenplay award for "Lost in Translation." SOFIA COPPOLA, DIRECTOR: I was so happy to look over and see my parents. You know, it's a big honor. I never thought my dad would be watching me get one.
KAGAN: Oscar did offer one surprise: a standing ovation for a Hollywood outsider, and now Oscar winner, Sean Penn of "Mystic River."
SEAN PENN, ACTOR: I did arguably feel that I was there to debunk the notion that it was a popularity contest.
KAGAN (on camera): So, with all of the Oscar gold passed out, the one question that remains: Did the academy do the right thing in moving the Oscars up by almost a month? The thought was to make the awards more special. Some might say it made them too predictable. Others in this town believe they should move it up by even two more weeks.
In Hollywood, Daryn Kagan, CNN.
(END VIDEOTAPE)
HEMMER: All right, Daryn, thank you.
Much more on the Oscars' big night, "90-Second Pop" weighs in a bit later this hour, so stay tuned for that.
O'BRIEN: We'll be talking a little fashion when we do "90-Second Pop."
HEMMER: Yes, we will.
O'BRIEN: And, of course, Daryn looked beautiful, as always, with the little updo.
HEMMER: That's right.
O'BRIEN: You go, girl. Do it for us, because we go to bed at 8:00 here.
Well, Mel Gibson's "The Passion of the Christ," was not eligible for the Oscars this year. Still, though, it got a mention from host Billy Crystal.
(BEGIN VIDEO CLIP)
BILLY CRYSTAL, ACTOR: Mel Gibson's movie, unbelievable hit, $117 million, opened on Ash Wednesday, had a good Friday, a better Saturday and Sunday. Unbelievable.
(END VIDEO CLIP)
O'BRIEN: The controversial movie has taken in, as Billy Crystal mentioned, 117 bucks since it opened the middle of last week on Ash Wednesday. Over the weekend, it brought in more than $76 million. That is the seventh best three-day opening ever. "50 First Dates" came in a distant second over the weekend with $12.6 million, and rounding out the top five were Ashley Judd's crime thriller called "Twisted," "Confessions of a Teenage Drama Queen," which, I guess, you really love if you're 14, and "Dirty Dancing: Havana Nights."
HEMMER: That was one heck of a take for "Passion" in three days.
O'BRIEN: Yes.
HEMMER: The other two days...
O'BRIEN: It will be interesting to see the overall numbers.
HEMMER: Yes.
A check of the weather now.
(WEATHER BREAK)
O'BRIEN: Still to come this morning, U.S. Marines arriving in Haiti. What will be the U.S. role in trying to end the crisis there? We talk live with Secretary of State Colin Powell just ahead.
HEMMER: Also, Democrats face off for the final time before Super Tuesday. That's tomorrow. Things get a bit testy. We'll show it to you.
O'BRIEN: And supporters of same-sex marriage bring their fight to the East Coast. Were going to hear from the mayor of the Hudson Valley village, where there have been more than two dozen gay and lesbian weddings.
Those stories are all ahead as AMERICAN MORNING continues.
(COMMERCIAL BREAK)
O'BRIEN: It was the final debate before the Super Tuesday contest, and things got pretty heated at times. The remaining Democratic presidential contenders squared off yesterday in a discussion that was sponsored by CBS News, WCBS TV and "The New York Times."
National correspondent Bob Franken live in Baltimore for us this morning.
Hey, Bob, good morning.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning.
We're on the campus of Morgan State University, where John Kerry is holding a campaign event in just a short while. Here in Baltimore, in Maryland, which is one of the states that might be in play, obviously tomorrow the stakes are very, very high.
(BEGIN VIDEOTAPE) FRANKEN (voice-over): Most experts contend a John Kerry Super Tuesday blowout seals his nomination, but another John Edwards surprise or two could complicate the picture. And Ohio, Georgia, Minnesota and Maryland seem to be getting competitive.
SEN. JOHN EDWARDS (D), PRESIDENTIAL CANDIDATE: The fundamental issue in this election is whether the people of this country believe that we're going to get change that originates in Washington or change that has to come from out here in the real world.
FRANKEN: John Kerry made it clear in Sunday's debate he would not be painted as an insider, not by Edwards.
SEN. JOHN KERRY (D), PRESIDENTIAL CANDIDATE: The last time I looked, John ran for the United States Senate, and he's been in the Senate for the last five years. That seems to me to be Washington, D.C.
FRANKEN: Each is painfully aware of the rap against him. Edwards: he's too green.
EDWARDS: The issue here is not the length of your resume. The issue is the strength of your vision.
FRANKEN: Meanwhile, Kerry must deal with the complaint he's simply too aloof.
KERYR: Give me a living room, give me a bar and give me a VFW hall, give me a one on one, and I think I can talk to anybody in this country.
(END VIDEOTAPE)
FRANKEN: Well, Kerry is saying, give him the votes. There are 10 states, as we pointed out. If he does well here, if he does well everywhere, there's going to be a lot of pressure on Edwards to pull out.
And hovering over all of this is the Democratic national chairman. Terry McAuliffe is saying that it needs to be decided if not this week, then the following week, because the Republicans, they're ready. They are ready -- Soledad.
O'BRIEN: Well, with pressure like that then, Bob, what is the Edwards' camp saying? Because, again, you know, everyone dismisses polls to some degree, but Senator Edwards is not showing strongly in the polls at this point.
FRANKEN: Well, he also has to make sure that people don't give up, so he wants to continue to say defiantly he is in this race. But beyond that, the next set of primaries, the week after Super Tuesday, are Southern primaries, and Edwards, of course, is from the South. That's where he believes the strength is.
One last point: He has money. He did not say that he would not accept federal funding. He is getting a new infusion of cash. So, he can still afford to go on. You know the old saying, I'd like to write some more checks, but I don't have any more checks to write. Well, he does have money now, and he can write some more checks and continue the campaign.
O'BRIEN: Bob Franken for us in Baltimore this morning. Bob, thanks -- Bill.
HEMMER: About 16 minutes past the hour.
A soft drink giant under fire from federal investigators. Andy Serwer is checking into it, "Minding Your Business" on a Monday morning.
Good morning to you Drew (ph). Nice to see you.
ANDY SERWER, "FORTUNE" MAGAZINE: Good morning. Nice to see you.
HEMMER: First, it is March 1, as we start a new month here, huh?
SERWER: So, let's look back and see how we did in February.
HEMMER: How bad?
SERWER: OK? Not so bad. Not so great. But let's check it out.
The Dow was up about 1.2 percent. You say not so great, but if you do that times 12, you have a very good year. Nasdaq down a little bit. Six weeks in a row, you guys, Nasdaq has been down. And again, S&P up the same as the Dow.
What does that mean? Absolutely nothing. But times 12, again, it's not bad.
Futures are rocking this morning, though. We have some -- probably some move to the upside when we open up.
O'BRIEN: Some big accounting issues over at Coca-Cola. That's a surprise.
SERWER: Yes, it's stuff that's been going on, allegations about this for a while, Soledad. But now apparently, according to "The Wall Street Journal," federal investigators are looking into the beverage giant concerning shipping extra concentrate of their drink to Japan. This is called trade loading. And what it does is it boosts profits over the short term. Takasago is the name of the company in Japan.
And what's really interesting, Soledad, is the person who was in charge of this business for a long time in the 1980s and 1990s was Coke's CEO, Doug Daft. So, investigators looking into that, and a very serious situation for Coke.
HEMMER: All right, thank you, Andy.
SERWER: OK.
HEMMER: March 1.
SERWER: Yes.
HEMMER: Good luck.
SERWER: Good luck this month, right?
HEMMER: That's right.
Let's get a break. Here in a moment, we'll go live to D.C. and talk with Colin Powell about what's happening in Haiti and the role that U.S. Marines will serve there, now arriving on land. We'll get to it in a moment here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Pictures from overnight, the first list of U.S. Marines arriving. Several hundred on the ground already in Haiti. We do expect throughout the day more to arrive and word just crossing a few moments ago that about 50 French troopers have arrived, as well, in Haiti, as they try to restore the order and the peace in that country.
Secretary of State Colin Powell with us now from the State Department.
Mr. Secretary, good morning to you and thank you for your time this morning.
COLIN POWELL, SECRETARY OF STATE: Good morning, Bill.
HEMMER: Let's talk about the mission for the U.S. Marines.
What is their intention and purpose there in Haiti?
POWELL: To help restore stability to the country, and particularly in Port-au-Prince. I'm pleased that the Haitian national police have started to restore order and I'm pleased that the Marines will soon be joined by other nations. And I'm pleased to hear that the French have started to arrive.
So this will be a multinational force now endorsed by a U.N. Security Council resolution to restore stability and help the new Haitian leaders put in place a functioning government, which is what we did not have under President Aristide.
HEMMER: If the looting and the killing continues today, will the Marines have to stop it?
POWELL: Well, we'll have to wait and see. I would, of course, prefer for the Haitian national police to do it. The looting and the disorder has gone down somewhat overnight. We'll have to see what daylight brings. And there are only a limited number of Marines there now. But the force will build up in the course of the next several days, as will multinational forces, other nations arriving.
HEMMER: How do you defend yourself against the charge that the White House was too slow to respond?
POWELL: We responded when there was something to respond to that we felt was appropriate to respond to, and that was a change in the political situation, in this case, the departure of President Aristide. All those who say we should have gone in earlier were advocating a position that we should go in on the side of a president who really was running a flawed government and a flawed presidency. And we were not prepared to do that and find ourselves trapped once again for an indefinite period supporting an individual who may have been elected democratically, but was not governing effectively or democratically.
And we tried to find a political solution. We worked very hard on. We worked with the international community, the OAS, the CARICOM community, our French and Canadian colleagues. And we couldn't find that answer.
So we felt, by the end of the last week, that the only real answer was if President Aristide would take a hard look at the situation and decide to step down, which is what he did. And we said that under those circumstances, we would come in. And we came in immediately.
HEMMER: Mr. Secretary, there's an acting president in charge there based on the system of government set up in Haiti. But what is the contact you've had with the rebel leader Guy Philippe?
POWELL: I have...
HEMMER: And what contact or communication have you had to make sure he stays at bay, if that's even possible at this point?
POWELL: We have ways of talking to the various rebel leaders and I'm pleased that, at least so far, they said they're not interested in violence anymore and they want to put down their arms.
We will have to sort this out with the new Haitian government. Some of these individuals we would not want to see reentering civil society in Haiti because of their past records. And this is something we'll have to work our way through in the days ahead.
HEMMER: Can you explain why this poor struggling nation continues to find itself in the middle of turmoil and strife almost decade after decade, throughout its history?
POWELL: It's been a sad story for almost 200 years now that they have not been able to put in place the political institutions and the political philosophy necessary to organize this desperately poor nation and move forward. And we have tried over the years to help the Haitian people and to help Haitian political leaders, but it just hasn't taken. And we find ourselves in a situation every decade or so, as you noted -- we will try again this time and I know the international community wants to help the Haitian people. They're desperately in need. But we also have to expect their political leaders to put in place responsive, functioning, non-corrupt governments and not just continue to fight and argue with each other and watch the whole thing fall apart again.
A massive investment was made in 1994. President Clinton sent 20,000 troops in. I went in with President Carter and Senator Nunn to talk the generals out of power, brought President Aristide back in. The international community stayed for years after that with police monitors, rebuilding the police force, only to see, over time, President Aristide or his chosen successor -- and he was the man behind the scene, Aristide was the man behind the scene then -- watch that police force we trained become corrupt again.
And so we really have to help the Haitians this time put in place political systems that work and start to create institutions that are responsible to and accountable to the people.
HEMMER: The process begins again anew today.
Mr. Secretary, thank you for your time.
Colin Powell in D.C.
POWELL: Thank you.
You're welcome.
HEMMER: All right -- Soledad.
O'BRIEN: Time now to turn to the Cafferty file.
The question of the day from Mr. Cafferty.
CAFFERTY: I heard you say the French had troops in Haiti. Have they surrounded to the rebels yet? That was a cheap shot.
O'BRIEN: It was.
CAFFERTY: The next two days could be the most important ones in the Kobe Bryant rape case. Closed pretrial hearings -- a little delayed reaction there -- closed pretrial hearings start today in Eagle County. Bryant's accuser will testify behind closed doors for the first time. The issue is whether jurors should be allowed to hear about the sexual history of the victim.
This is not a new tactic. Defense lawyers, if they don't really have a case, they put the police on trial, they put the victims on trial. They say that her sexual past is relevant because it could show her injuries were caused by someone else. What that has to do with whether or not Kobe Bryant raped her, I'm not sure, but that's another issue, I suppose.
Prosecutors disagree. They want the rape shield law upheld. In Colorado, that is likely to be the case. It's been on the books for 30 years. It's been attacked numerous times before and so far it has not been overturned.
The question is this, is the sexual history of Kobe Bryant's accuser relevant? You can e-mail us at am@cnn.com.
HEMMER: Rather unusual, too.
Paris is on line one, by the way.
CAFFERTY: Tell them to take a message, will you? I'll get back to them.
HEMMER: Yes, just like the last time.
O'BRIEN: Yes.
HEMMER: In a moment here, the Hobbits conquer Hollywood last night.
(BEGIN VIDEO CLIP)
(MUSIC)
(END VIDEO CLIP)
HEMMER: "Lord of the Rings" turns every one of its nominations into an award last night. 90 Second Pop weighs in on that. And, of course, the fashion hits and misses.
Back in a moment here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: All right, welcome back.
7:30 here in New York.
What a weekend we had weather-wise here, huh?
O'BRIEN: Yes, it was 60 degrees at 7:00 p.m. last night.
HEMMER: Put it in a bottle and save it.
O'BRIEN: I was driving back to the city.
HEMMER: Yes. You see all the smiles on everyone's faces?
O'BRIEN: No, we were sitting in traffic. No one anywhere near me was smiling.
HEMMER: Sorry about that.
O'BRIEN: That's all right.
HEMMER: Coming up this half hour, we'll talk to Tom Ridge, secretary of homeland security; also have the mayor of New Paltz, New York to talk about same-sex marriages performed in his town. The pressure here in New York City building. Also, Jeff Toobin, the Martha Stewart trial coming to an end, where that stands today. A packed 30 minutes coming up for you here.
O'BRIEN: We've got a lot ahead. Also this morning, a complete look at last night's Oscars with our gang from 90 Second Pop. We've got the winners, the losers, the best dressed and, of course, even more interestingly than that, the worst dressed. Plus, we'll check out our predictions from last week and see if any of us came close.
HEMMER: Were we even on the map? That's right.
The top stories here at the half hour, former Haitian President Jean-Bertrand Aristide has fled to the capital of the Central African Republic. His resignation has left the capital of Haiti in chaos. Hundreds of U.S. Marines you see here in this exclusive tape by CNN arriving in Port-au-Prince last evening ahead of the arrival of a U.N. multinational force. The U.N. Security Council authorizing yesterday an immediate deployment of peacekeepers to Haiti for three months. More on the crisis in the next 30 minutes. William Cohen is our guest at the top of the hour.
It's said to be the largest prisoner transfer yet from the U.S. naval base in Guantanamo Bay in Cuba. A U.S. Embassy spokesman says seven Russian detainees have been returned to their homeland. Only one Russian national still remains in custody at Gitmo.
Officials say they have linked a cousin to the disappearance of a Mississippi couple and their young son. Investigators have completed a search of Earnest Hargon's property. He was charged over the weekend on weapons and drug charges and police say other charges are expected to follow. The Mississippi family has been missing since the 14th of February.
Motorists are going to have to start digging a bit deeper into the pockets. According to a Lundbergh survey, gas prices have jumped nearly $0.07 in the past two weeks. The average price for a gallon of self-serve regular, $1.72. A rise in crude oil prices and higher refinery costs are being blamed for that spike.
Also, a note from sports over the weekend. With shots like these, Tiger Woods held off Davis Love III to win again yesterday, defending his match play title with a 3-2 win in the 36 hole final, $1.2 million the winner's check for Tiger Woods in California yesterday.
(WEATHER REPORT)
O'BRIEN: Well, it's been exactly a year since the cabinet level Homeland Security Department was created. Today, Homeland Security Secretary Tom Ridge will announce that the Department's 28 urban search and rescue teams are ready to handle emergencies on American soil involving weapons of mass destruction.
Earlier this morning, I spoke with the Secretary about it.
(BEGIN VIDEOTAPE) TOM RIDGE, HOMELAND SECURITY SECRETARY: One of the most important things we can do in the war against terrorism is to be prepared. And one of the most significant achievements over the past year was the development and the equipping of 28 urban search and rescue teams. They are teams of 70 individuals. They are prepared to respond at a six hour notice. As a matter of fact, the men and women standing behind me are part of the Fairfax Urban Search and Rescue team, who were one of the first groups to get to Iran to help them out during their recent crisis.
O'BRIEN: You talk about preparing for a possible event, Asa Hutchinson says that this will better secure the United States of America. So clearly everyone is giving the impression that it's safer.
But at the same time, we're really talking about a response mechanism, right? We're not talking about actually protecting before a potential event?
RIDGE: Well, clearly, the primary goal, the hope is that we can prevent an attack. Actually, our mission covers the prevention, an attack, reducing our vulnerability to an attack. But you do have to be prepared for an even if one occurs.
Now, much of what we've done this year is to make security tighter at our borders, airports, seaports, land ports. But along the way, we also do prepare for the possibility of an attack, if it should occur.
O'BRIEN: But many of the doomsday scenarios paint a picture of potentially -- and as you sort of referenced there, a weapon coming in from an airport or a water port.
How do you then use this urban search and rescue -- or maybe the answer is not at all -- to protect that from happening before it becomes a problem, before it's search and rescue?
RIDGE: Well, one of the huge differences between the United States as it was before we had the Department of Homeland Security and now that we have one -- this is our one year anniversary -- is we have far more people and far more and better technology at our seaports and our airports and our land ports. You know, as we speak today, we've got inspectors in Rotterdam and Singapore looking at cargo. We've got thousands of people at the borders. We now have an entry and exit system where we actually monitor the people coming in and have actually turned 130 people away as we've checked them against the FBI's database. We've set up a system where we monitor the 300,000 students that are coming into the country. We've turned about 200 of those away. We've got the Coast Guard constantly vigilant, working on maritime security issues.
So, again, every single day, as we work both internally in the United States and with our friends in Canada and Mexico and around the world to deal with security measures, although we're doing that and although we're reducing vulnerability around this country, we always want to be prepared. And that's why these folks behind me are so critical to the overall mission of the Department of Homeland Security.
(END VIDEOTAPE)
O'BRIEN: That was the secretary of homeland security, Tom Ridge, talking with us a little bit earlier this morning -- Bill.
HEMMER: Soledad, New York City is the newest battleground in the fight over same-sex marriages. Hundreds of gays and lesbians joined politicians yesterday at New York's city hall. They called on the mayor, Mike Bloomberg, to follow the lead of San Francisco's mayor and the mayor of New Paltz, New York by issuing licenses for same-sex marriages.
In New Paltz, 25 such ceremonies performed on Friday and Mayor Jason West plans to conduct more next weekend.
He's with us live now from New Paltz to talk about it.
Mr. Mayor, welcome back to AMERICAN MORNING.
MAYOR JASON WEST, NEW PALTZ, NEW YORK: Good morning.
HEMMER: What are your plans for this week?
WEST: We plan starting this Saturday to perform a limited number of marriage ceremonies. We are going to continue with this. I do ask people if they want to be married to please visit our Web site, villageofnewpaltz.org. We're a small village with just a limited staff and we've got over a thousand couples on the waiting list already.
HEMMER: Yes, what have you heard from the state about the legality of your action?
WEST: I heard that the attorney general has come out in support of same-sex marriages and has refused to issue an injunction. I haven't heard anything from the governor's office or the department of health.
HEMMER: Do you believe you're breaking the law?
WEST: Absolutely not. I took an oath of office last June to uphold the state constitution and that constitution requires equal protection for all New Yorkers under the law.
HEMMER: The New York State Department of Health issued a statement last week. I want to read it to our viewers and catch them up to date on this story. "A municipal clerk who issues a marriage license outside of these guidelines and any person who solemnizes such a marriage will be violating state law and subject to penalties in the law."
I understand you've had a few threats issued against you.
What are they? WEST: Well, that we've had that same statement read to us, you know, from the Department of Health. And it's my opinion that it's the Department of Health that's breaking the law in refusing to issue same-sex marriage licenses to same sex couples in violation of the equal protection clause of our state constitution.
HEMMER: What do you make of this report this morning in the "New York Times" that says your town is clearly divided by the action there in New Paltz?
WEST: I'll have to tell you, I have heard nothing but overwhelming support from the community. We've been flooded with e- mails and phone calls. Everywhere I go in New Paltz people come up to congratulate me. I've had just a few, I've just had a few criticisms over e-mail and phone calls. But overwhelmingly the response has been positive.
HEMMER: Have you followed the news here in New York over the weekend?
WEST: I actually just heard about the rally in favor of same-sex marriages. I've heard the speaker of the city council has urged Mayor Bloomberg to issue same-sex marriage licenses and I do urge Mayor Bloomberg to do so. I do hope that New York City does begin performing same-sex marriages and abiding by our state constitution.
HEMMER: One more thing here, just to be clear, nothing during the week? You'll wait until next weekend, this coming weekend?
WEST: That's correct. We're setting up the administrative infrastructure to be able to handle this. We're trying to be able -- we have a village to maintain, as well. We're trying to keep the day to day business of the village going and integrate these marriages into our regular day to day work.
HEMMER: Jason West is the mayor of New Paltz, New York, age 26.
Thank you for your time again today.
WEST: Thank you.
HEMMER: Soledad.
O'BRIEN: Well, closing arguments will begin this morning in the Martha Stewart trial. The jury could have the case by Wednesday.
CNN's senior legal analyst, Jeff Toobin, is going to be in court today, as he is every day.
He joins us this morning, though, on the couch to talk a little bit about a big ruling from the judge. Tossed out part of the case.
How significant was that, I guess, for the defense and against the prosecution?
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, there were five charges originally against Martha Stewart: obstruction of justice, conspiracy, false statements and securities fraud. A very unusual charge, securities fraud, in a case like this. The judge was always skeptical of it. She had indicated discomfort with the charge at various points. She...
O'BRIEN: Of securities fraud.
TOOBIN: Of securities fraud -- I'm sorry. Threw it out on Friday, saying that the evidence didn't support it. Very important for several reasons. One, it carried the stiffest penalties of any of the charges. So, Martha Stewart's prison exposure is reduced now.
Also, it simplifies the case considerably. Basically, the case is now reduced to: Did Martha Stewart lie to investigators? That may actually help the government as much as it hurts the government, because that's the simplest part of the case, it's the strongest part of the government's case, and that's the only thing the jury will be considering.
O'BRIEN: So, how strong of a case do you think the prosecution has on those four other topics?
TOOBIN: I think pretty strong. I came into this case knowing a lot about it and thinking the case was pretty weak. This case came in much stronger than I expected, particularly against Peter Bacanovic, Martha Stewart's friend, the stockbroker at Merrill Lynch on the stock sale that's at the heart of this case. The case against him, I thought, was quite strong. Not quite as strong against Martha Stewart, but she could very well get convicted.
O'BRIEN: What do juries -- how do juries react when a charge is dismissed? Do they say, wow, the entire argument must be crumbling and, so therefore it would help the defense?
TOOBIN: No, they don't generally, because they don't really know exactly what the charges are. They had a general sense from opening statements. Some of them may remember that the securities fraud was mentioned in opening statements, but that was a long time ago. That was more than a month ago. They've heard a lot over the weeks in many different areas. I think they will probably not draw any conclusion one way or the other by the fact they are not hearing a jury instruction about securities fraud.
O'BRIEN: There are some who have said that even if Martha Stewart is convicted on the four remaining charges -- convicted, a big if obviously -- that she still could easily not face jail time. Do you think that's possible?
TOOBIN: I think that's extremely unlikely...
O'BRIEN: Really?
TOOBIN: ... given the federal sentencing guidelines now. This is not a case with a mandatory jail term. But given the way white- collar sentences work, given the fact that she went to trial and didn't plead guilty -- and if she is convicted, I think it's almost certain that she'll go to jail -- because the securities fraud count is out, she's much more looking like -- she's much more likely to look at one or two years rather than two or three years. But jail time, I would say, is almost a certainty if she's convicted.
O'BRIEN: Right, a big if she's convicted. As you say, we probably won't even know until Wednesday at the very earliest.
TOOBIN: I would say end of the week is much more likely.
O'BRIEN: Really?
TOOBIN: Remember, they have to deliberate on two defendants. That takes longer. And I want to stretch it out a little longer.
O'BRIEN: Oh, you're really enjoying this case.
TOOBIN: I know.
O'BRIEN: As scary as it is for the rest of us.
TOOBIN: I know. I'm sorry.
O'BRIEN: Jeff Toobin, as always, thanks a lot.
TOOBIN: See you.
O'BRIEN: Bill.
HEMMER: All right, Soledad, in a moment here on AMERICAN MORNING, Marines landing in Haiti, criticism that the U.S. should have done more sooner for the former president, Aristide.
Also, John Edwards, the senator, saved his hardest hits for yesterday's Democratic debate. But does he have enough strength to stop the front-runner, John Kerry, tomorrow on Super Tuesday?
And, "Lord of the Rings," the big winner last night. "90-Second Pop" takes a shot at this in a moment after this.
(COMMERCIAL BREAK)
HEMMER: We've got our own group of outcasts. This morning's "90-Second Pop" penal is all about Oscar. You liked that, didn't you?
TOURE, CONTRIBUTING EDITOR, "ROLLING STONE" MAGAZINE: I liked that.
HEMMER: How did our experts do with their predictions? Do we call you guys experts?
SARAH BERNARD, CONTRIBUTING EDITOR, "NEW YORK" MAGAZINE: Sure.
HEMMER: Say hello to humorist Andy Borowitz, back with us. Drew, good morning.
ANDY BOROWITZ, HUMORIST: Andre 2004. HEMMER: 2004.
BOROWITZ: Thank you.
HEMMER: "New York" magazine contributing editor Sarah Bernard.
Good morning, Sarah.
BERNARD: Good morning.
HEMMER: And Toure, the legendary contributing editor for "Rolling Stone."
BERNARD: (UNINTELLIGIBLE) legendary.
HEMMER: Sarah, you called it.
BERNARD: I did. I did so well.
HEMMER: Best picture, congratulations.
BERNARD: Thank you.
HEMMER: You really went out on a limb.
(CROSSTALK)
BERNARD: I know.
BOROWITZ: What a coup.
BERNARD: I don't know where I saw it coming from. But, you know, I'm going to gloat. As I predicted, it was the year of "The Return of the King," but really it was, again, the academy recognizing all three movies, which is why they got 11.
HEMMER: Sarah, you know, you could have thrown a dart and picked this one.
(CROSSTALK)
BERNARD: Hey! Hey, where's the love?
TOURE: I went out on a limb and picked Sean Penn. Hello!
HEMMER: Actually, we're not on Sean Penn yet.
BERNARD: You have to wait.
HEMMER: Toure said Friday "Mystic River" is going to steal the night.
(CROSSTALK)
HEMMER: You said it with conviction.
TOURE: Well, I always say everything with conviction. Like, what do you want from me?
BERNARD: It stole five minutes.
BOROWITZ: You know, Peter Jackson, you know, he won all of these awards. Please, now go to Supercuts. You can do it. You can do it. I think so.
BERNARD: But I've got to say one thing about "Lord of the Rings." This is the first time in Oscar history that the best picture didn't have any nominees in best actor, best actress or supporting roles at all. So, that was kind of an odd thing.
HEMMER: Interesting Oscar history.
TOURE: So, does that say that it's harder to direct, like, people than it is to direct machines? I don't know. What does that mean?
BERNARD: Well, it was such an ensemble. It's really everyone has smaller parts.
BOROWITZ: It's also the first time a fantasy picture.
BERNARD: That's true.
BOROWITZ: I mean, except for some of those Oliver Stone ones. But, I mean, yes, first time.
HEMMER: Hey, listen, best actress, Charlize Theron -- Theron now, not Theron, by the way.
BERNARD: Right, Theron.
TOURE: Right.
HEMMER: Correction made last night. Andy called it. Sarah called it. Not much of a limb here, I don't think.
BERNARD: Hey, I'm getting no credit!
TOURE: Not much of a limb at all.
HEMMER: Yes.
BERNARD: No, she -- I mean, I think everyone pretty much knew she was going to win. There was a chance for Diane Keaton, but...
HEMMER: Except for Toure, who said you'll win the Oscar pool if you go for the upset, Diane Keaton.
TOURE: Oh, here you go, in my face. I'm going to get you back, Billy.
HEMMER: Yes? Well, I think she deserved it actually. If you saw that film and the way she performed...
BOROWITZ: Yes.
HEMMER: ... I mean, she had Aileen Wuornos down to a "T."
TOURE: I can't believe this!
BOROWITZ: Yes, I thought she was -- I thought she was fabulous. And it was very sweet. I mean, she was obviously -- I think that was a genuine emotional speech.
HEMMER: Best actor, Sean Penn?
(CROSSTALK)
TOURE: Can we talk about Sean Penn?
HEMMER: Yes, he won. Andy...
(CROSSTALK)
TOURE: And how some people on the panel said that he was un- liked, and he got a standing ovation. His entire career was recognized in one moment. Love to see that.
HEMMER: Well...
BERNARD: And he...
HEMMER: Go ahead.
BERNARD: He gave a pretty classy speech, I have to admit. I was kind of bracing for him to say something more alarming.
BOROWITZ: And that little WMD line.
BERNARD: He slipped into a WMD joke.
TOURE: Loved that.
BOROWITZ: Yes.
(CROSSTALK)
BERNARD: That was pretty minor compared to what I was waiting for.
HEMMER: You know, before we came on the air, you were making the point that Mel Gibson was invited and chose not to come.
TOURE: Yes.
HEMMER: Why do you say that's so significant?
TOURE: Well, clearly, he's afraid of being booed. You know, like, he can put out this film, but he doesn't want to stand out in public and take people's...
HEMMER: You think that's it?
TOURE: Yes, absolutely. He doesn't want to have people in his face saying, no, we don't like what you've done.
HEMMER: In a lot of ways, just the fact that he made the movie, some people would say, he's inviting that (UNINTELLIGIBLE).
TOURE: Well, of course, but he doesn't have to stand up in public and take it to his face.
HEMMER: I'll talk to you afterwards. I'm kidding.
Fashion, Sarah, who looked good last night?
BERNARD: Nicole Kidman. She has really become one of the fashion icons on the red carpet. I have to say this Chanel outfit was so much better than her Tom Ford (ph) slip-up, I would say, at the Golden Globes. She really looked classy. And not only that, Charlize. We've got to hand it to her. She's got the sort of old school glamour.
TOURE: Soledad!
O'BRIEN: No, Charlize looked fantastic. Nicole Kidman, how did she get into that dress?
BERNARD: I don't know.
O'BRIEN: I mean, she was like squeezed...
BERNARD: There is some secret jumper somewhere.
O'BRIEN: Too tight. Too tight.
HEMMER: Who did not look good?
BOROWITZ: I've got to say, Diane Keaton, she has now officially crossed over from the Annie Hall like to Hassidic rabbi. I mean, please...
TOURE: I don't know. I don't know...
BOROWITZ: Side curls are next.
BERNARD: I know.
BOROWITZ: And look at that. Look at that.
(CROSSTALK)
BERNARD: A Charlie Chaplin hat, too.
BOROWITZ: I felt like I should have been in Schule (ph).
HEMMER: Side curls?
BOROWITZ: Unbelievable.
TOURE: I don't know. As a man, I take a lot of influence from Diane Keaton and the suits that she wears.
HEMMER: Yes.
TOURE: Like, we can, you know, wear those same sorts of things.
BERNARD: Yes.
BOROWITZ: You know, here is a polarizing fashion choice, Toure and I loved Angelina Jolie last night. A lot of the women didn't. I don't get that.
BERNARD: Yes, I wonder why.
(CROSSTALK)
HEMMER: Overall...
BERNARD: And wait. Uma Thurman. Uma Thurman.
HEMMER: Uma Thurman, you liked her, no?
BERNARD: No, terrible.
HEMMER: You didn't like Uma?
BERNARD: It was very peasant-samurai.
BOROWITZ: What about Oprah? Uma, Oprah?
BERNARD: Oh, no!
BOROWITZ: I'm sorry. It's such a great joke, I had to do it.
HEMMER: Just one more point to make here. On Friday, there was a big article about the production for the Oscars being made in a way to track a younger audience, trying to make it more entertaining.
TOURE: Yes.
HEMMER: Did you like the production last night?
BOROWITZ: Well, worst Oscar show ever, I thought.
HEMMER: Really?
BOROWITZ: I think, you know, they brought in Joe Roth, a big producer. I just thought the fact that there was no excitement to the awards.
TOURE: Boring.
HEMMER: Yes.
BERNARD: I know.
BOROWITZ: It was about the only -- I thought the one good presentation...
HEMMER: Here we go.
BOROWITZ: No, seriously, Will Farrell and Jack Black.
BERNARD: Jack Black.
TOURE: A great moment.
BOROWITZ: That saved it. They were great.
BERNARD: Thank god for Jack Black.
TOURE: A great moment.
BOROWITZ: On the other side of things, on Sting and Phil Collins, I mean, that is an inspired (UNINTELLIGIBLE). I mean, Phil Collins is the only guy on the planet who can make Sting look cool.
HEMMER: Here's to 1984.
TOURE: I would just say...
HEMMER: Quickly.
TOURE: ... to see Sofia win the award for best film, couldn't have made it without daddy. That was great. I thought that was great.
BERNARD: Oh! No, she was great. You wanted her to win.
HEMMER: That was good, Toure.
TOURE: Thank you.
BERNARD: And, you know, isn't it great to...
HEMMER: We're out of time. I'm sorry.
BERNARD: Oh!
HEMMER: We can continue this discussion later.
TOURE: And we will.
HEMMER: Here's Soledad.
O'BRIEN: So, take on the rest of the show to talk about fashion and who won and who was dissed. Come on. Keep going. Keep going.
HEMMER: We're good.
O'BRIEN: Still to come this morning, a big decision in the Kobe Bryant case might come today. Jack's got a look at your e-mails just ahead.
Stay with us. You're watching AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: All right, back here, question of the day, to Jack again.
CAFFERTY: Thank you, Bill.
A closed pretrial hearing today in the Kobe Bryant rape case out in Eagle, Colorado. The main issue -- or one of them -- is whether jurors should be allowed to hear about the sexual history of the accuser.
Defense attorneys say that her past is relevant because it could show that her injuries were caused by someone else other than Kobe Bryant. Prosecutors disagree. They say she's protected under Colorado's rape shield law, and they don't want the debate to go any further than that.
The question is: Is the sexual history of Kobe Bryant's accuser relevant? And here are some of what you've sent us so far.
Robin in Orlando weighs in with: "Kobe Bryant obviously didn't care about the sexual history of this woman, and she didn't care about his sexual history. But in a court of law, both parties' sexual histories are important and relevant, and should be put under a microscope during the trial."
Devon writes: "Part of the state's proof that there was no consent is that the victim suffered certain injuries. The defense contends these injuries resulted from sexual activity with someone other than the defendant. What could be more unfair than to prevent the defense from presenting this evidence of innocence?"
Jeff in Elk River, Minnesota: "I think her past is very important and needs to be brought out in the open. I disagree with the idea of the so-called accuser remaining unknown. Was Kobe protected? Is he innocent until proven guilty?"
And on another topic, when I asked Bill if the French troops sent to Haiti had surrendered to the rebels yet, we got a couple of responses. What a surprise.
HEMMER: (UNINTELLIGIBLE).
CAFFERTY: Jay in...
O'BRIEN: From Paris?
CAFFERTY: ... in Sitraka, New York: "Thank you, Jack, for having the courage to speak the truth when no one else will."
And Andre, that's a French name, right? Andre: "Your remarks on French troops are outrageous, and you should ask yourself why we're not liked all over the world."
You know, I would, Andre, but I'm very busy. I have no time to ask myself that this morning. Maybe I'll ask myself that tomorrow.
O'BRIEN: (UNINTELLIGIBLE) care.
HEMMER: Well, you've got a good looking tie on today, though.
CAFFERTY: Listen...
O'BRIEN: You know, we're not going to be nice to you.
(CROSSTALK)
O'BRIEN: Because I've been nice, and you said I'm sucking up today, and I'm just going to stop.
CAFFERTY: Good.
O'BRIEN: There.
HEMMER: You know, you had that word from Paris. Word from Japan today, our sister network in Japan, CNNJ one year old today, viewership now 4.5 million households.
CAFFERTY: Talk about sucking up.
HEMMER: CNN Japan is seen in airports, government buildings, schools, hotels, homes all across the country. And, Soledad, as we like to say always...
O'BRIEN: Ohaya Gozoma (ph).
HEMMER: Although it's primetime there in Japan, Ohaya (ph) nonetheless.
O'BRIEN: Very nice. Nicely done, Mr. Hemmer.
HEMMER: I'm done sucking up.
O'BRIEN: Jack, you're my fave (ph).
HEMMER: Don't smirk, Cafferty.
O'BRIEN: You're my fave (ph). You look fantastic today. Have I mentioned how handsome you are?
HEMMER: Oh, yes.
(CROSSTALK)
CAFFERTY: Tomorrow, we're going to try and get something going in Poland.
O'BRIEN: The music is playing. Let's move it on, shall we? Still to come this morning, what does Senator John Edwards have to do to catch Senator John Kerry? A look to Super Tuesday is just ahead as AMERICAN MORNING continues.
(COMMERCIAL BREAK)
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