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American Morning

Bryant Accuser Appears in Court; Bush Uses Political Humor at Dinner

Aired March 25, 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: All-out media slugfest. One of the other landing a shot.
Kobe Bryant facing his accuser in court then flies to Los Angeles for a Lakers game. Back in Colorado today for yet another key hearing.

And here in Washington:

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The next one was taken a couple of months ago. I'd just gotten word that Howard Dean had lost Iowa.

(END VIDEO CLIP)

HEMMER: A full plate of presidential one-liners at last night's dinner for reporters. It will be back to business today for both the president and John Kerry.

All ahead this hour on AMERICAN MORNING.

ANNOUNCER: This is AMERICAN MORNING. Here is Soledad O'Brien in New York, and Bill Hemmer in Washington.

HEMMER: And good morning, a split show today for you. I'm Bill Hemmer live in Washington.

Soledad, great to see you this morning as we continue following on day two from the testimony at the 9/11 Commission from yesterday.

Looking back yesterday now looking at the politics of the situation. Richard Clarke's strong testimony yesterday afternoon and then Condoleezza Rice later in the day with even stronger words directed back toward him.

And of course last night on LARRY KING, Richard Clarke appearing yet again and the battle of the words continue.

We will get to all of that this morning again from our nation's capitol.

Good morning, Soledad, how are you? SOLEDAD O'BRIEN, CNN ANCHOR: Good morning, Mr. Hemmer. And I know you were at the event last night. We'll look forward to hearing a little bit more about that.

Also this morning, we're talking about the extra security, its super tight in the Middle East now. Israeli soldiers stopped a Palestinian teenager who says that he is just 14-years-old. He had explosives strapped to his chest.

The boy is said to have told troops he did not, quote, want to blow up. We'll get a report on that coming up in just a little bit.

Also this morning with us, Mr. Cafferty. Just you and me holding down the fort.

JACK CAFFERTY, CNN ANCHOR: Hey not -- you know, Bill's down in the nation's capitol keeping an eye on the politicians.

The city of New York fortunately has no other problems. They've all been resolved. The reason we know that is the health commissioner is proposing now that restaurants have to include nutritional information on their menus so that when you go out and order that Baked Alaska you can leave with a guilt trip and a fat check all at the same time.

We'll take a look at that.

O'BRIEN: How many calories do you think a Baked Alaska is?

CAFFERTY: I have no idea.

O'BRIEN: A thousand?

CAFFERTY: Probably.

O'BRIEN: At least.

CAFFERTY: There's also a -- this has nothing to do with the question. There's a recipe in Scotland for a chocolate sandwich, and it's deep-fried, and it's got all kinds of stuff in it.

O'BRIEN: A deep-fried chocolate -- that has to be healthy.

CAFFERTY: Yes, I would like to have one.

O'BRIEN: We definitely need to learn how to make that.

CAFFERTY: Yes, with whipped cream on it.

O'BRIEN: We'll get more on that in a little bit.

Also, we'll be checking back in with Bill Hemmer in Washington, D.C. in another moment, but first here's a look at some of the top stories this morning.

Another attack on U.S. forces in Iraq. Army sources saying a U.S. soldier killed in a roadside bombing in Baquba, about 30 miles north of Baghdad.

Two other soldiers were wounded in that attack. The bombing follows yesterday's ambush outside the Iraqi capitol, which killed one U.S. soldier, injured another.

British Prime Minister Tony Blair says it is time for Libya and Britain to, quote, move on. Prime Minister Blair arrived in Tripoli this morning for talks with the Libyan leader Moammar Gadhafi.

Prime Minister Blair had praised President Gadhafi for renouncing terrorism and giving up weapons of mass destruction, and he says he should be welcomed back into the international community.

In Colorado, the judge in the Kobe Bryant case expected to hear a defense request to throw out certain evidence concerning the NBA star. The two-day pre-trial hearing resumes today.

Yesterday Bryant's accuser testified about her sexual history for more than three hours.

The 19-year-old woman has accused Bryant of sexually assaulting her at a resort last June. Bryant's lawyers say the encounter was consensual. We've got much more on this case coming up in just a few moments.

Democratic presidential candidate John Kerry is picking up a formal endorsement from a former rival. Senator Kerry, back in Washington after a few days of rest, is expected to get the official backing of Howard Dean today at George Washington University.

That event is set for 11:15 a.m. Eastern time, and CNN is going to carry it live for you.

President Bush called her "the giant of the civil rights movement." Yesterday the president presented Dorothy Height with Congress' highest honor, the Congressional Gold Medal.

Height, who is also celebrating her 92nd birthday, served more than 30 years as the president of the National Council of Negro Women.

In 1964, she organized a series of informal chats between black and white women called Wednesday's in Mississippi.

A big congratulations to her.

(WEATHER REPORT)

HEMMER: Want to get back to the top story this morning.

Just when it seemed that the battle between the White House and its former counterterrrorsim czar, Richard Clarke, could not get any more intense, it has turned downright personal as of yesterday.

For about a week, Clarke has been criticizing the White House's handling of the war on terror, specifically the president. Well, last night on CNN's "LARRY KING LIVE," Clarke accused the national security adviser, Dr. Condoleezza Rice, of doing little in the months prior to 9/11 to get ready for possible attacks in the U.S. He contrasted Rice's actions with those of her predecessor before the millennium celebrations of 2000.

(BEGIN VIDEO CLIP)

RICHARD CLARKE, FORMER COUNTERTERRORISM ADVISER: If she had a hands on attitude to being national security adviser when she had information that there was a threat against the United States, that kind of information was shaken out in December 1999 -- it would have been shaken out in the summer of 2001 if she had been doing her job.

(END VIDEO CLIP)

HEMMER: Clarke's charges have prompted some extraordinary moves by the White House, and for more on that let's go to the White House, and Dana Bash watching things there today -- and what a day it was yesterday.

Dana, good morning.

DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Good morning, Bill, and the White House is making it pretty clear that they are going to keep combating these charges as long as they think they have to.

Now after Richard Clarke's testimony yesterday, saying that President Bush did not do enough to hit back and prepare for al Qaeda and a potential attack, Dr. Condoleezza Rice, the national security adviser, called reporters into her office very angrily.

Said, quote, "The American people need to have an answer to this scurrilous allegation that somehow the President of the United States was not attentive to the terrorist threat."

Now how is the White House answering these allegations? Well, over the past 24 hours what they have done is try to use Richard Clarke's own words and deeds while he worked here at the White House for President Bush to try to show that he essentially has a credibility problem.

Now to combat the charges that she, Dr. Rice, and the White House weren't paying attention enough, she told reporters that on July 15, 2001, two months before the September 11 attacks, she personally told Clarke to alert domestic agencies to be on alert because of a threat spike in intelligence coming in to the United States intelligence agencies, and she also released an e-mail from Richard Clarke sent to her on September 15, 2001, just four days after the attacks, detailing the steps that the White House had actually taken to try to prepare for a possible al Qaeda attack.

In that e-mail he said, quote, "The White House did ensure that domestic law enforcement, including FAA, knew that the CSG believed that a major al Qaeda attack was coming and it could be in the U.S. and did ask that special measures be taken." So all of this, Bill, in the words of Dr. Condoleezza Rice, an attempt to show that what Richard Clarke is saying now is 180 degrees different from what he said when he worked here for President Bush -- Bill.

HEMMER: Dana, thanks for that.

And more now on that Commission resuming as public hearings next month. There is a summer deadline, end of July, in fact, for that final report.

After yesterday's dramatic hearing involving Clarke and other past and present national security officials, there is plenty of material to sift through.

Helping us with that this morning is David Ensor.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Could I ask you to raise your right hand?

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): Before the 9/11 Commission, Richard Clarke reaffirmed and sharpened his attack on the Bush administration he once served for failing, he says, to do enough to protect the nation against al Qaeda terrorism in its first eight months in office.

CLARKE: And I thought if the administration doesn't believe its national coordinator for counterterrorism when he says there's an urgent problem, and if it's unprepared to act as though there's an urgent problem, then probably I should get another job.

ENSOR: Clarke said President Bush further damaged national security by going to war against Saddam Hussein.

CLARKE: By invading Iraq, the President of the United States has greatly undermined the war on terrorism.

ENSOR: But there was plenty of blame to go around. For the FBI.

CLARKE: I know how this is going to sound, but I have to say it. I didn't think the FBI would know whether or not there was anything going on in the United States by al Qaeda.

SAMUEL BERGER, FORMER NATIONAL SECURITY ADVISER: Not only did we not know what we not -- what we didn't know -- but, the FBI didn't know what it did know.

ENSOR: And after hearing Clinton and Bush administration officials all say they just didn't have the actionable intelligence with which to successfully attack Osama bin Laden and al Qaeda before 9/11, the Commission peppered the intelligence director with questions.

LEE HAMILTON, VICE CHAIRMAN, 9/11 COMMISSION: Why were we unable to do it? GEORGE TENET, CIA DIRECTOR: We didn't steal the secret that told us what the plot was; we didn't recruit the -- we didn't recruit the right people, or technically collect the data, notwithstanding enormous effort to do so.

ENSOR: And if they could have found bin Laden, even killed him, would it have made any difference?

TENET: Decapitating one person, even in -- even bin Laden in this context -- I do not believe would have stopped this plot.

(END VIDEOTAPE)

ENSOR: Commission members suggested there may be plenty of blame to go around for present and former policy makers, it was a nerve- wracking day in the hearing room, or close to a television set. David Ensor, CNN Washington.

HEMMER: OK, now as the dust begins to settle on this round of 9/11 hearings, what's the political fall out? How could that effect the campaign?

Ron Brownstein, political contributor for CNN, also from the "L.A. Times," with us today in D.C.

Nice to see you in person.

RON BROWNSTEIN, CNN POLITICAL CONTRIBUTOR: Good morning, Bill.

HEMMER: Welcome to Washington.

BROWNSTEIN: Thank you very much.

HEMMER: A couple of things you make out quite clearly. This is a bee who has stung, you say, about Richard Clarke. How big, how potent, is that sting, do you think?

BROWNSTEIN: Well, look. This is -- you cannot overestimate the stakes in this debate for President Bush. Over the last few months his approval rating on most issues, including the economy, is under 50 percent. On Iraq it's only around 50 percent, sometimes below.

Healthcare below 50 percent. The one unambiguous positive he has had is the sense among Americans that he has provided resolute leadership in the struggle against terror.

And Richard Clarke and the parallel hearings and investigation by the Commission investigating 9/11 are presenting the most forceful challenge he has faced to that fundamental core asset in his reelection campaign.

HEMMER: So then the punch-counterpunch continues, and the punch is toward his own credibility. The White House has been extremely forceful in trying to defend itself. Have they been effective at this point? BROWNSTEIN: Almost unprecedented. They tried to raise some serious questions, the basic argument being that his previous statements were not nearly as critical of the president as what he is saying now.

Now what Clarke said at his testimony yesterday was fairly persuasive, which was that as an employee of the president he simply had to put the best spin on policy to get -- to not go out and criticize the president as a special assistant and expect to keep his job.

It's important to understand, though, that I think that you can make a mistake by over-personalizing this into Clarke versus the White House.

The Commission investigation is going on down a parallel track, and it finds some similar objections and concerns in other areas of the government.

Their staff reports, quote, "senior officials" at the CIA as being frustrated at the White House concern in the first months. They quote officials at the Pentagon as saying they can't get Donald Rumsfeld's attention.

Slade Gorton, a former Republican senator and commissioner said to Donald Rumsfeld on Tuesday -- what made you think you had the luxury of waiting seven months to devise an anti-terror strategy -- exactly the same charge that Richard Clarke leveled.

HEMMER: You're almost suggesting for both sides to pull back a little bit at this point, especially the White House -- is what you're suggesting, correct?

BROWNSTEIN: Well, ultimately this is really about protecting the American people. It's a political year, obviously; there are enormous political consequences to this, the Commission report is due, Bill, on July 26, which happens to be the first day of the Democratic convention, but certainly, above all of that, what's been lost is any desire it seems -- especially that Commission hearing got so much more partisan yesterday.

Any desire to find a pathway toward more effective protection of the American people...

HEMMER: (UNINTELLIGIBLE) Kristen Breitweiser, she lost her husband back on 9/11; she has been a face of so many victims. Listen to how she parsed the language after the hearings concluded yesterday and it was all directed about politics. Here's Breitweiser.

(BEGIN VIDEO CLIP)

KRISTEN BREITWEISER, HUSBAND KILLED IN ATTACKS ON WTC: Today the public learned that politics is disgusting.

UNIDENTIFIED FEMALE: And politics trumped this country.

BREITWEISER: Right, and that national security is undoubtedly trumped by politics.

(END VIDEO CLIP)

HEMMER: Is that the legacy of what we've seen for two days?

BROWNSTEIN: Well, it was very different on Wednesday than Tuesday. On Wednesday morning we all woke up to stories about how civil and nonpartisan it was.

Yesterday you had the three Republicans -- three Republican members of the Commission openly questioning Clarke's credibility, Democrats building him up, but I think what's really important is that it's not about just about him any more.

The Commission investigation is raising some similar questions. Not about Iraq, but on the pre-9/11 period, and the White House I think at some point is going to have to answer them in some way other than to challenge Clarke's credibility because, again, he is not alone in raising these issues.

HEMMER: Your piece in the "L.A. Times" -- voters actual experiences rather than arguments from either side are most likely to shape their attitudes come election time next November.

Good to see you, Ron.

Ron Brownstein from "The L.A. Times."

Also, Soledad, one other note from the nation's capitol, I had dinner last night with the president.

A thousand other people were there, too, by the way.

Radio and TV correspondents dinner here in D.C. The president poking some good-natured fun at himself, and we'll get to that a bit later in our broadcast this morning.

O'BRIEN: I heard you looked pretty cute in your tux, Bill. That's the inside scoop, but, you know...

HEMMER: Well thank you, I appreciate that.

O'BRIEN: (UNINTELLIGIBLE) a little more.

HEMMER: Even a blind squirrel can find a nut every once in a while.

O'BRIEN: You're stealing my favorite line, Bill.

HEMMER: Thanks.

O'BRIEN: Well, still to come this morning, a dramatic confrontation on the West Bank between Israeli soldiers and a teenage Palestinian boy wearing explosives.

HEMMER: Also, Soledad, a difficult day for Kobe Bryant's accuser. Should her sexual history be admitted in court? We'll get to that issue today as well.

O'BRIEN: And take a look at this. Is "American Idol"'s Simon Cowell trying to send a secret message to somebody? We're going to take a much closer look just ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: From a Colorado courtroom yesterday to the basketball court last night, Kobe Bryant was back in the game in Los Angeles. He scored 36 points for the Lakers, helping them beat the Sacramento Kings 115 to 91.

But in just few hours, Bryant will be back in that Colorado courtroom. It is the second day of the hearing to determine if his accuser's sexual history should be admitted as evidence in the sexual assault case against him.

The 19-year-old woman testified for more than three hours behind closed doors yesterday.

Linda Fairstein is a former sex crimes prosecutor, also a best- selling author. Her latest book is called "The Kills."

Joining us this morning, nice to see you.

LINDA FAIRSTEIN, FORMER SEX CRIMES PROSECUTOR: Good to be back.

O'BRIEN: Too many questions for you, but not a lot of time.

What sorts of things is the judge now considering? Three hours of testimony, much more to come today.

What kind of things does the judge consider before she makes her ruling?

FAIRSTEIN: The issue is pretty close in this case, and its just about whether there is any other sexual relationship with any other of the men who have been mentioned by description or name that will have anything to do with this case.

If they don't have anything to do with this case and these allegations, no matter who else she's ever been with, if that's the case, will not be an issue at this trial. It stays behind these closed doors; we won't know what those allegations are.

O'BRIEN: The bellman testified yesterday, as well. He was a friend of the alleged victim. What else was he able to add to the testimony? What kind of things do they want to talk to him about?

FAIRSTEIN: Well, what they want to talk to him about is that she originally said to the prosecution he's a friend, he works with me, he goes to my school. That's why I was comfortable telling him.

We later learned -- months later -- that he's not only a friend, but a recent sexual partner. And that may change the dynamic of why she told him and is it credible that what she said to him is credible or not because it's a different, special relationship.

O'BRIEN: All right, I'm curious to know because of your experience as a prosecutor, when you had a circumstance when you had an alleged victim come to you and -- what did you tell them about how ugly and how nasty it could be? And some of the cases obviously high profile, but I would imagine a bulk of them were not.

FAIRSTEIN: Correct, so its...

O'BRIEN: How were they warned, what did you tell them they were going to deal with?

FAIRSTEIN: You tell every one of them that the defense is going to ask every possible question that they can, some meant to get the facts, many meant to embarrass.

But there can be no secrets. And I always believed in giving that witness as tough a grilling from the beginning to say this is what the defense is going to do.

There can't be secrets. It isn't a game. Don't tell me this is one relationship when in fact the nature of the relationship is different. Don't hold back. I mean, not in this case, but if there were drugs involved, if there was alcohol involved. If there was sexual foreplay.

Tell me now, that's the only way we can deal with it and if there's something that I can protect you from in the courtroom, if there's something that doesn't belong in the courtroom by knowing up front, I can ask the judge to keep it out, it doesn't belong there.

O'BRIEN: Do you think it would make a difference if the young woman in this case, who is stalked by cameras all the time, and who half the people know her identify, but many people don't know her identify -- if she came forward and sort of held a press conference and said I am a victim here?

And kind of took back a lot of the -- I think the scurrilous nature of what goes on about this case? Because people -- you know a lot of the press to her are revealing her identity. You think it would make a difference or is that sort of just hypothetically sounds good but not a good idea?

FAIRSTEIN: It's a good question, and it might make a difference. My guess is the prosecution is -- is putting her in a cocoon and doesn't want her to do that, because once she speaks a little bit, then you're subject to well, why doesn't she tell us more? Why won't she talk about this, but not answer these questions.

And so probably because there's no control once you open the door to the media, and once you have your witness talking there's sort of no way to control what the questions are and the answers that come out before the trial, and most prosecutors believe in trying the case in the courtroom. Very hard when it's as high profile as this.

O'BRIEN: All right, and talk about people searching for dirt, I'd imagine the media remembers certain members of the media would be doing that fast and furious as well.

Linda Fairstein, nice to see you as always. Thanks a lot.

FAIRSTEIN: Good to be back.

O'BRIEN: Bill.

HEMMER: Soledad, in a moment here, presidential slide show this morning, and the cabinet member who's favorite show is "Queer Eye for the Straight Guy," according to the president, of course.

Back in a moment after this.

(COMMERCIAL BREAK)

HEMMER: Live from Washington today, the president back on the campaign trail going to the heart of John Kerry country today, will head up to Boston.

John Kerry meanwhile is here in Washington. He'll get an endorsement from Governor Howard Dean at 11:15 local time. We'll have live coverage for you of that when it happens.

Meanwhile, though, last night the president taking time out from politics and policy at the annual Radio and TV correspondent's dinner.

Poking fun at his own aides, including the attorney general, John Ashcroft, and apparently a guy who wears a pretty big target around this town, Defense Secretary Donald Rumsfeld.

Here's the president.

(BEGIN VIDEO CLIP)

BUSH: Do you know what Rummy's favorite TV show is? "Queer Eye for the Straight Guy."

My cabinet could take some pointers from watching that show. In fact, I'm going to have the Fab Five do a makeover on Ashcroft.

(END VIDEO CLIP)

HEMMER: It's good every year for a number of laughs here, and it was again last night. Pretty good turnout, too, as well, here in Washington.

Soledad and Jack, a lot of fans for the two of you, by the way. A lot of people want to know about how you're doing, Soledad, how's your health, your pregnancy.

And a lot of people just want to know what in the world is up with Jack?

Anyway, you people have friends and fans in high places, or at least in Washington, anyway. It was a good time, yes, the food was decent. O'BRIEN: OK.

CAFFERTY: Who is that kid who hosts "The Daily Show," John Stewart?

O'BRIEN: Yes.

HEMMER: Yes, that's right.

CAFFERTY: Has nothing to worry about. The president's -- you know -- I mean, he's a good (UNINTELLIGIBLE) but somehow he just doesn't -- I mean, Henny Youngman he ain't. You know what I'm saying? You know.

HEMMER: There was a slideshow -- there was a slideshow shown a little later. Maybe we'll get to that later in our broadcast. There were some good funny lines in that, too, so.

O'BRIEN: Well good, I want to see that since we didn't get invited. No, I'm kidding.

CAFFERTY: Why didn't we get invited?

O'BRIEN: Jack, I've got bad news for you.

O'BRIEN: All right, Bill, we'll check in with you a little bit later. Because...

CAFFERTY: I am so heartbroken.

O'BRIEN: ...it is time now for "The Cafferty File" and the "Question of the Day."

CAFFERTY: I had actually been to a couple of those and they're awful.

New York City...

O'BRIEN: That's why you didn't get invited.

CAFFERTY: New York City's health commissioner wants people to know more about what they're eating when they eat out.

Thomas Frieden said yesterday that he's encouraging restaurants to include nutritional information on menus just as food manufacturers do.

Frieden said that these guidelines would help dieters make healthier choices. That's not why we go out to dinner. We got out to dinner to treat ourselves to unhealthy choices.

Starting next month, the national chain, Ruby Tuesday, is going to add the fat, fiber, carbohydrates and calories for each and every item on their menu, which means I will never eat there again.

Question is this: should restaurants include nutritional information on their menus? Can e-mail us at am@cnn.com.

We've already gotten a couple of e-mails -- one guy wrote in and said it's a really stupid question; I'd much rather talk about how ugly your furniture is.

O'BRIEN: He can e-mail us on that too.

CAFFERTY: Well, that's true.

O'BRIEN: We're an equal opportunity broadcast.

All right, Jack thanks. Looking forward to some of those e- mails.

Well still to come this morning Ben Affleck's new movie hits theaters tomorrow.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I said are you going to be my girl?

(END VIDEO CLIP)

O'BRIEN: It's called "Jersey Girl."

Also, the other weekend box-office offerings are just part of our "90-Second Pop." That's just ahead here on AMERICAN MORNING.

(COMMERCIAL BREAK)

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Aired March 25, 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: All-out media slugfest. One of the other landing a shot.
Kobe Bryant facing his accuser in court then flies to Los Angeles for a Lakers game. Back in Colorado today for yet another key hearing.

And here in Washington:

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The next one was taken a couple of months ago. I'd just gotten word that Howard Dean had lost Iowa.

(END VIDEO CLIP)

HEMMER: A full plate of presidential one-liners at last night's dinner for reporters. It will be back to business today for both the president and John Kerry.

All ahead this hour on AMERICAN MORNING.

ANNOUNCER: This is AMERICAN MORNING. Here is Soledad O'Brien in New York, and Bill Hemmer in Washington.

HEMMER: And good morning, a split show today for you. I'm Bill Hemmer live in Washington.

Soledad, great to see you this morning as we continue following on day two from the testimony at the 9/11 Commission from yesterday.

Looking back yesterday now looking at the politics of the situation. Richard Clarke's strong testimony yesterday afternoon and then Condoleezza Rice later in the day with even stronger words directed back toward him.

And of course last night on LARRY KING, Richard Clarke appearing yet again and the battle of the words continue.

We will get to all of that this morning again from our nation's capitol.

Good morning, Soledad, how are you? SOLEDAD O'BRIEN, CNN ANCHOR: Good morning, Mr. Hemmer. And I know you were at the event last night. We'll look forward to hearing a little bit more about that.

Also this morning, we're talking about the extra security, its super tight in the Middle East now. Israeli soldiers stopped a Palestinian teenager who says that he is just 14-years-old. He had explosives strapped to his chest.

The boy is said to have told troops he did not, quote, want to blow up. We'll get a report on that coming up in just a little bit.

Also this morning with us, Mr. Cafferty. Just you and me holding down the fort.

JACK CAFFERTY, CNN ANCHOR: Hey not -- you know, Bill's down in the nation's capitol keeping an eye on the politicians.

The city of New York fortunately has no other problems. They've all been resolved. The reason we know that is the health commissioner is proposing now that restaurants have to include nutritional information on their menus so that when you go out and order that Baked Alaska you can leave with a guilt trip and a fat check all at the same time.

We'll take a look at that.

O'BRIEN: How many calories do you think a Baked Alaska is?

CAFFERTY: I have no idea.

O'BRIEN: A thousand?

CAFFERTY: Probably.

O'BRIEN: At least.

CAFFERTY: There's also a -- this has nothing to do with the question. There's a recipe in Scotland for a chocolate sandwich, and it's deep-fried, and it's got all kinds of stuff in it.

O'BRIEN: A deep-fried chocolate -- that has to be healthy.

CAFFERTY: Yes, I would like to have one.

O'BRIEN: We definitely need to learn how to make that.

CAFFERTY: Yes, with whipped cream on it.

O'BRIEN: We'll get more on that in a little bit.

Also, we'll be checking back in with Bill Hemmer in Washington, D.C. in another moment, but first here's a look at some of the top stories this morning.

Another attack on U.S. forces in Iraq. Army sources saying a U.S. soldier killed in a roadside bombing in Baquba, about 30 miles north of Baghdad.

Two other soldiers were wounded in that attack. The bombing follows yesterday's ambush outside the Iraqi capitol, which killed one U.S. soldier, injured another.

British Prime Minister Tony Blair says it is time for Libya and Britain to, quote, move on. Prime Minister Blair arrived in Tripoli this morning for talks with the Libyan leader Moammar Gadhafi.

Prime Minister Blair had praised President Gadhafi for renouncing terrorism and giving up weapons of mass destruction, and he says he should be welcomed back into the international community.

In Colorado, the judge in the Kobe Bryant case expected to hear a defense request to throw out certain evidence concerning the NBA star. The two-day pre-trial hearing resumes today.

Yesterday Bryant's accuser testified about her sexual history for more than three hours.

The 19-year-old woman has accused Bryant of sexually assaulting her at a resort last June. Bryant's lawyers say the encounter was consensual. We've got much more on this case coming up in just a few moments.

Democratic presidential candidate John Kerry is picking up a formal endorsement from a former rival. Senator Kerry, back in Washington after a few days of rest, is expected to get the official backing of Howard Dean today at George Washington University.

That event is set for 11:15 a.m. Eastern time, and CNN is going to carry it live for you.

President Bush called her "the giant of the civil rights movement." Yesterday the president presented Dorothy Height with Congress' highest honor, the Congressional Gold Medal.

Height, who is also celebrating her 92nd birthday, served more than 30 years as the president of the National Council of Negro Women.

In 1964, she organized a series of informal chats between black and white women called Wednesday's in Mississippi.

A big congratulations to her.

(WEATHER REPORT)

HEMMER: Want to get back to the top story this morning.

Just when it seemed that the battle between the White House and its former counterterrrorsim czar, Richard Clarke, could not get any more intense, it has turned downright personal as of yesterday.

For about a week, Clarke has been criticizing the White House's handling of the war on terror, specifically the president. Well, last night on CNN's "LARRY KING LIVE," Clarke accused the national security adviser, Dr. Condoleezza Rice, of doing little in the months prior to 9/11 to get ready for possible attacks in the U.S. He contrasted Rice's actions with those of her predecessor before the millennium celebrations of 2000.

(BEGIN VIDEO CLIP)

RICHARD CLARKE, FORMER COUNTERTERRORISM ADVISER: If she had a hands on attitude to being national security adviser when she had information that there was a threat against the United States, that kind of information was shaken out in December 1999 -- it would have been shaken out in the summer of 2001 if she had been doing her job.

(END VIDEO CLIP)

HEMMER: Clarke's charges have prompted some extraordinary moves by the White House, and for more on that let's go to the White House, and Dana Bash watching things there today -- and what a day it was yesterday.

Dana, good morning.

DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Good morning, Bill, and the White House is making it pretty clear that they are going to keep combating these charges as long as they think they have to.

Now after Richard Clarke's testimony yesterday, saying that President Bush did not do enough to hit back and prepare for al Qaeda and a potential attack, Dr. Condoleezza Rice, the national security adviser, called reporters into her office very angrily.

Said, quote, "The American people need to have an answer to this scurrilous allegation that somehow the President of the United States was not attentive to the terrorist threat."

Now how is the White House answering these allegations? Well, over the past 24 hours what they have done is try to use Richard Clarke's own words and deeds while he worked here at the White House for President Bush to try to show that he essentially has a credibility problem.

Now to combat the charges that she, Dr. Rice, and the White House weren't paying attention enough, she told reporters that on July 15, 2001, two months before the September 11 attacks, she personally told Clarke to alert domestic agencies to be on alert because of a threat spike in intelligence coming in to the United States intelligence agencies, and she also released an e-mail from Richard Clarke sent to her on September 15, 2001, just four days after the attacks, detailing the steps that the White House had actually taken to try to prepare for a possible al Qaeda attack.

In that e-mail he said, quote, "The White House did ensure that domestic law enforcement, including FAA, knew that the CSG believed that a major al Qaeda attack was coming and it could be in the U.S. and did ask that special measures be taken." So all of this, Bill, in the words of Dr. Condoleezza Rice, an attempt to show that what Richard Clarke is saying now is 180 degrees different from what he said when he worked here for President Bush -- Bill.

HEMMER: Dana, thanks for that.

And more now on that Commission resuming as public hearings next month. There is a summer deadline, end of July, in fact, for that final report.

After yesterday's dramatic hearing involving Clarke and other past and present national security officials, there is plenty of material to sift through.

Helping us with that this morning is David Ensor.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Could I ask you to raise your right hand?

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): Before the 9/11 Commission, Richard Clarke reaffirmed and sharpened his attack on the Bush administration he once served for failing, he says, to do enough to protect the nation against al Qaeda terrorism in its first eight months in office.

CLARKE: And I thought if the administration doesn't believe its national coordinator for counterterrorism when he says there's an urgent problem, and if it's unprepared to act as though there's an urgent problem, then probably I should get another job.

ENSOR: Clarke said President Bush further damaged national security by going to war against Saddam Hussein.

CLARKE: By invading Iraq, the President of the United States has greatly undermined the war on terrorism.

ENSOR: But there was plenty of blame to go around. For the FBI.

CLARKE: I know how this is going to sound, but I have to say it. I didn't think the FBI would know whether or not there was anything going on in the United States by al Qaeda.

SAMUEL BERGER, FORMER NATIONAL SECURITY ADVISER: Not only did we not know what we not -- what we didn't know -- but, the FBI didn't know what it did know.

ENSOR: And after hearing Clinton and Bush administration officials all say they just didn't have the actionable intelligence with which to successfully attack Osama bin Laden and al Qaeda before 9/11, the Commission peppered the intelligence director with questions.

LEE HAMILTON, VICE CHAIRMAN, 9/11 COMMISSION: Why were we unable to do it? GEORGE TENET, CIA DIRECTOR: We didn't steal the secret that told us what the plot was; we didn't recruit the -- we didn't recruit the right people, or technically collect the data, notwithstanding enormous effort to do so.

ENSOR: And if they could have found bin Laden, even killed him, would it have made any difference?

TENET: Decapitating one person, even in -- even bin Laden in this context -- I do not believe would have stopped this plot.

(END VIDEOTAPE)

ENSOR: Commission members suggested there may be plenty of blame to go around for present and former policy makers, it was a nerve- wracking day in the hearing room, or close to a television set. David Ensor, CNN Washington.

HEMMER: OK, now as the dust begins to settle on this round of 9/11 hearings, what's the political fall out? How could that effect the campaign?

Ron Brownstein, political contributor for CNN, also from the "L.A. Times," with us today in D.C.

Nice to see you in person.

RON BROWNSTEIN, CNN POLITICAL CONTRIBUTOR: Good morning, Bill.

HEMMER: Welcome to Washington.

BROWNSTEIN: Thank you very much.

HEMMER: A couple of things you make out quite clearly. This is a bee who has stung, you say, about Richard Clarke. How big, how potent, is that sting, do you think?

BROWNSTEIN: Well, look. This is -- you cannot overestimate the stakes in this debate for President Bush. Over the last few months his approval rating on most issues, including the economy, is under 50 percent. On Iraq it's only around 50 percent, sometimes below.

Healthcare below 50 percent. The one unambiguous positive he has had is the sense among Americans that he has provided resolute leadership in the struggle against terror.

And Richard Clarke and the parallel hearings and investigation by the Commission investigating 9/11 are presenting the most forceful challenge he has faced to that fundamental core asset in his reelection campaign.

HEMMER: So then the punch-counterpunch continues, and the punch is toward his own credibility. The White House has been extremely forceful in trying to defend itself. Have they been effective at this point? BROWNSTEIN: Almost unprecedented. They tried to raise some serious questions, the basic argument being that his previous statements were not nearly as critical of the president as what he is saying now.

Now what Clarke said at his testimony yesterday was fairly persuasive, which was that as an employee of the president he simply had to put the best spin on policy to get -- to not go out and criticize the president as a special assistant and expect to keep his job.

It's important to understand, though, that I think that you can make a mistake by over-personalizing this into Clarke versus the White House.

The Commission investigation is going on down a parallel track, and it finds some similar objections and concerns in other areas of the government.

Their staff reports, quote, "senior officials" at the CIA as being frustrated at the White House concern in the first months. They quote officials at the Pentagon as saying they can't get Donald Rumsfeld's attention.

Slade Gorton, a former Republican senator and commissioner said to Donald Rumsfeld on Tuesday -- what made you think you had the luxury of waiting seven months to devise an anti-terror strategy -- exactly the same charge that Richard Clarke leveled.

HEMMER: You're almost suggesting for both sides to pull back a little bit at this point, especially the White House -- is what you're suggesting, correct?

BROWNSTEIN: Well, ultimately this is really about protecting the American people. It's a political year, obviously; there are enormous political consequences to this, the Commission report is due, Bill, on July 26, which happens to be the first day of the Democratic convention, but certainly, above all of that, what's been lost is any desire it seems -- especially that Commission hearing got so much more partisan yesterday.

Any desire to find a pathway toward more effective protection of the American people...

HEMMER: (UNINTELLIGIBLE) Kristen Breitweiser, she lost her husband back on 9/11; she has been a face of so many victims. Listen to how she parsed the language after the hearings concluded yesterday and it was all directed about politics. Here's Breitweiser.

(BEGIN VIDEO CLIP)

KRISTEN BREITWEISER, HUSBAND KILLED IN ATTACKS ON WTC: Today the public learned that politics is disgusting.

UNIDENTIFIED FEMALE: And politics trumped this country.

BREITWEISER: Right, and that national security is undoubtedly trumped by politics.

(END VIDEO CLIP)

HEMMER: Is that the legacy of what we've seen for two days?

BROWNSTEIN: Well, it was very different on Wednesday than Tuesday. On Wednesday morning we all woke up to stories about how civil and nonpartisan it was.

Yesterday you had the three Republicans -- three Republican members of the Commission openly questioning Clarke's credibility, Democrats building him up, but I think what's really important is that it's not about just about him any more.

The Commission investigation is raising some similar questions. Not about Iraq, but on the pre-9/11 period, and the White House I think at some point is going to have to answer them in some way other than to challenge Clarke's credibility because, again, he is not alone in raising these issues.

HEMMER: Your piece in the "L.A. Times" -- voters actual experiences rather than arguments from either side are most likely to shape their attitudes come election time next November.

Good to see you, Ron.

Ron Brownstein from "The L.A. Times."

Also, Soledad, one other note from the nation's capitol, I had dinner last night with the president.

A thousand other people were there, too, by the way.

Radio and TV correspondents dinner here in D.C. The president poking some good-natured fun at himself, and we'll get to that a bit later in our broadcast this morning.

O'BRIEN: I heard you looked pretty cute in your tux, Bill. That's the inside scoop, but, you know...

HEMMER: Well thank you, I appreciate that.

O'BRIEN: (UNINTELLIGIBLE) a little more.

HEMMER: Even a blind squirrel can find a nut every once in a while.

O'BRIEN: You're stealing my favorite line, Bill.

HEMMER: Thanks.

O'BRIEN: Well, still to come this morning, a dramatic confrontation on the West Bank between Israeli soldiers and a teenage Palestinian boy wearing explosives.

HEMMER: Also, Soledad, a difficult day for Kobe Bryant's accuser. Should her sexual history be admitted in court? We'll get to that issue today as well.

O'BRIEN: And take a look at this. Is "American Idol"'s Simon Cowell trying to send a secret message to somebody? We're going to take a much closer look just ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: From a Colorado courtroom yesterday to the basketball court last night, Kobe Bryant was back in the game in Los Angeles. He scored 36 points for the Lakers, helping them beat the Sacramento Kings 115 to 91.

But in just few hours, Bryant will be back in that Colorado courtroom. It is the second day of the hearing to determine if his accuser's sexual history should be admitted as evidence in the sexual assault case against him.

The 19-year-old woman testified for more than three hours behind closed doors yesterday.

Linda Fairstein is a former sex crimes prosecutor, also a best- selling author. Her latest book is called "The Kills."

Joining us this morning, nice to see you.

LINDA FAIRSTEIN, FORMER SEX CRIMES PROSECUTOR: Good to be back.

O'BRIEN: Too many questions for you, but not a lot of time.

What sorts of things is the judge now considering? Three hours of testimony, much more to come today.

What kind of things does the judge consider before she makes her ruling?

FAIRSTEIN: The issue is pretty close in this case, and its just about whether there is any other sexual relationship with any other of the men who have been mentioned by description or name that will have anything to do with this case.

If they don't have anything to do with this case and these allegations, no matter who else she's ever been with, if that's the case, will not be an issue at this trial. It stays behind these closed doors; we won't know what those allegations are.

O'BRIEN: The bellman testified yesterday, as well. He was a friend of the alleged victim. What else was he able to add to the testimony? What kind of things do they want to talk to him about?

FAIRSTEIN: Well, what they want to talk to him about is that she originally said to the prosecution he's a friend, he works with me, he goes to my school. That's why I was comfortable telling him.

We later learned -- months later -- that he's not only a friend, but a recent sexual partner. And that may change the dynamic of why she told him and is it credible that what she said to him is credible or not because it's a different, special relationship.

O'BRIEN: All right, I'm curious to know because of your experience as a prosecutor, when you had a circumstance when you had an alleged victim come to you and -- what did you tell them about how ugly and how nasty it could be? And some of the cases obviously high profile, but I would imagine a bulk of them were not.

FAIRSTEIN: Correct, so its...

O'BRIEN: How were they warned, what did you tell them they were going to deal with?

FAIRSTEIN: You tell every one of them that the defense is going to ask every possible question that they can, some meant to get the facts, many meant to embarrass.

But there can be no secrets. And I always believed in giving that witness as tough a grilling from the beginning to say this is what the defense is going to do.

There can't be secrets. It isn't a game. Don't tell me this is one relationship when in fact the nature of the relationship is different. Don't hold back. I mean, not in this case, but if there were drugs involved, if there was alcohol involved. If there was sexual foreplay.

Tell me now, that's the only way we can deal with it and if there's something that I can protect you from in the courtroom, if there's something that doesn't belong in the courtroom by knowing up front, I can ask the judge to keep it out, it doesn't belong there.

O'BRIEN: Do you think it would make a difference if the young woman in this case, who is stalked by cameras all the time, and who half the people know her identify, but many people don't know her identify -- if she came forward and sort of held a press conference and said I am a victim here?

And kind of took back a lot of the -- I think the scurrilous nature of what goes on about this case? Because people -- you know a lot of the press to her are revealing her identity. You think it would make a difference or is that sort of just hypothetically sounds good but not a good idea?

FAIRSTEIN: It's a good question, and it might make a difference. My guess is the prosecution is -- is putting her in a cocoon and doesn't want her to do that, because once she speaks a little bit, then you're subject to well, why doesn't she tell us more? Why won't she talk about this, but not answer these questions.

And so probably because there's no control once you open the door to the media, and once you have your witness talking there's sort of no way to control what the questions are and the answers that come out before the trial, and most prosecutors believe in trying the case in the courtroom. Very hard when it's as high profile as this.

O'BRIEN: All right, and talk about people searching for dirt, I'd imagine the media remembers certain members of the media would be doing that fast and furious as well.

Linda Fairstein, nice to see you as always. Thanks a lot.

FAIRSTEIN: Good to be back.

O'BRIEN: Bill.

HEMMER: Soledad, in a moment here, presidential slide show this morning, and the cabinet member who's favorite show is "Queer Eye for the Straight Guy," according to the president, of course.

Back in a moment after this.

(COMMERCIAL BREAK)

HEMMER: Live from Washington today, the president back on the campaign trail going to the heart of John Kerry country today, will head up to Boston.

John Kerry meanwhile is here in Washington. He'll get an endorsement from Governor Howard Dean at 11:15 local time. We'll have live coverage for you of that when it happens.

Meanwhile, though, last night the president taking time out from politics and policy at the annual Radio and TV correspondent's dinner.

Poking fun at his own aides, including the attorney general, John Ashcroft, and apparently a guy who wears a pretty big target around this town, Defense Secretary Donald Rumsfeld.

Here's the president.

(BEGIN VIDEO CLIP)

BUSH: Do you know what Rummy's favorite TV show is? "Queer Eye for the Straight Guy."

My cabinet could take some pointers from watching that show. In fact, I'm going to have the Fab Five do a makeover on Ashcroft.

(END VIDEO CLIP)

HEMMER: It's good every year for a number of laughs here, and it was again last night. Pretty good turnout, too, as well, here in Washington.

Soledad and Jack, a lot of fans for the two of you, by the way. A lot of people want to know about how you're doing, Soledad, how's your health, your pregnancy.

And a lot of people just want to know what in the world is up with Jack?

Anyway, you people have friends and fans in high places, or at least in Washington, anyway. It was a good time, yes, the food was decent. O'BRIEN: OK.

CAFFERTY: Who is that kid who hosts "The Daily Show," John Stewart?

O'BRIEN: Yes.

HEMMER: Yes, that's right.

CAFFERTY: Has nothing to worry about. The president's -- you know -- I mean, he's a good (UNINTELLIGIBLE) but somehow he just doesn't -- I mean, Henny Youngman he ain't. You know what I'm saying? You know.

HEMMER: There was a slideshow -- there was a slideshow shown a little later. Maybe we'll get to that later in our broadcast. There were some good funny lines in that, too, so.

O'BRIEN: Well good, I want to see that since we didn't get invited. No, I'm kidding.

CAFFERTY: Why didn't we get invited?

O'BRIEN: Jack, I've got bad news for you.

O'BRIEN: All right, Bill, we'll check in with you a little bit later. Because...

CAFFERTY: I am so heartbroken.

O'BRIEN: ...it is time now for "The Cafferty File" and the "Question of the Day."

CAFFERTY: I had actually been to a couple of those and they're awful.

New York City...

O'BRIEN: That's why you didn't get invited.

CAFFERTY: New York City's health commissioner wants people to know more about what they're eating when they eat out.

Thomas Frieden said yesterday that he's encouraging restaurants to include nutritional information on menus just as food manufacturers do.

Frieden said that these guidelines would help dieters make healthier choices. That's not why we go out to dinner. We got out to dinner to treat ourselves to unhealthy choices.

Starting next month, the national chain, Ruby Tuesday, is going to add the fat, fiber, carbohydrates and calories for each and every item on their menu, which means I will never eat there again.

Question is this: should restaurants include nutritional information on their menus? Can e-mail us at am@cnn.com.

We've already gotten a couple of e-mails -- one guy wrote in and said it's a really stupid question; I'd much rather talk about how ugly your furniture is.

O'BRIEN: He can e-mail us on that too.

CAFFERTY: Well, that's true.

O'BRIEN: We're an equal opportunity broadcast.

All right, Jack thanks. Looking forward to some of those e- mails.

Well still to come this morning Ben Affleck's new movie hits theaters tomorrow.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I said are you going to be my girl?

(END VIDEO CLIP)

O'BRIEN: It's called "Jersey Girl."

Also, the other weekend box-office offerings are just part of our "90-Second Pop." That's just ahead here on AMERICAN MORNING.

(COMMERCIAL BREAK)

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