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CNN Live At Daybreak
Rice Sticking to Refusal to Testify Publicly Under Oath
Aired March 29, 2004 - 05:00 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.
CAROL COSTELLO, CNN ANCHOR: "Nothing to hide," those words again from the president's top security adviser as she talks about not talking to the 9/11 Commission in public.
And good morning to you.
From the CNN global headquarters in Atlanta, this is DAYBREAK for Monday, March 29th.
I'm Carol Costello.
More on the latest volley from Condoleezza Rice over the 9/11 Commission hearings.
But first, the latest headlines at this hour.
Massachusetts lawmakers resume their debate on same-sex marriage today. An amendment banning gay marriage but allowing civil unions could come to a vote.
Challenges to a late term abortion law will be heard in three federal courtrooms across the country today. The Partial Birth Abortion Act is on hold until a final judicial decision.
President Bush will preside over a White House ceremony today welcoming seven new countries into NATO. Among the seven are former communist strongholds Romania and Bulgaria.
Israel's chief prosecutor is recommending an indictment against Prime Minister Ariel Sharon. Israel's attorney general must still sign off on the charges against Mr. Sharon. The case involves bribery allegations stemming from when he was foreign minister. We'll have a live report for you out of Jerusalem later this hour.
British actor and novelist Peter Ustinov has died. The actor's agent says Ustinov died last night in Switzerland. He was 82 years old.
Let's head to the weather wall and Chad for a first look at the forecast center -- good morning.
CHAD MYERS, CNN CORRESPONDENT: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: It sounds pretty darned good.
MYERS: It does.
COSTELLO: Thank you, Chad.
MYERS: You're welcome.
COSTELLO: Up first on DAYBREAK, Condoleezza Rice, the national security adviser, is talking, but not in public and not under oath before the 9/11 Commission. Did you catch "60 Minutes" last night? Well, on that program, she insisted she has nothing to hide from the panel investigating the September 11 terrorist attacks. She denied that the Bush administration put the war on terror on a back burner before the tragedy. And on the issue of an apology, here's what she had to say on CBS' "60 Minutes."
(BEGIN VIDEO CLIP FROM CBS "60 MINUTES")
CARL ROCHELLE, CNN CORRESPONDENT: The families, I think, have heard from this president that -- and from me, and from me personally in some cases, in that field in Pennsylvania or at the World Trade Center -- how deeply sorry everyone is for the loss that they endured. You couldn't be human and not feel the horror of that day.
We do need to stay focused on what happened to us that day. And the best thing that we can do for the memory of the victims, the best thing that we can do for the future of this country is to focus on those who did this to us.
(END VIDEO CLIP)
COSTELLO: Rice is sticking to her refusal to testify publicly under oath before the 9/11 panel. She says there's a longstanding principle that national security advisers do not testify before Congress.
That principle is certainly becoming an election issue for President Bush.
Bill Prasad joining us live from Washington with more on that and the rest of this week on the Hill -- good morning, Bill.
BILL PRASAD, CNN CORRESPONDENT: Good morning, Carol.
President Bush and John Kerry continue to collide on issues dealing with terrorism. Look for that topic to be front and center this week here in Washington and elsewhere.
(BEGIN VIDEOTAPE)
PRASAD (voice-over): Politics California style -- John Kerry takes to two wheels to deliver one statement, that National Security Advisor Condoleezza Rice should answer 9/11 questions in public. It's a message he preached in Missouri.
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: To accomplish America's needs, to protect the security of our country, the answer is profoundly, yes, she should. PRASAD: Rice has said testifying in public to the 9/11 Commission would violate the confidentiality that exists between she and the president. She has spoken to the Commission in private.
DONALD RUMSFELD, SECRETARY OF DEFENSE: She is anxious to testify.
COLIN POWELL, SECRETARY OF STATE: Condi would like to testify.
RUMSFELD: Condi Rice would be a superb witness.
POWELL: She has testified in private for four hours.
PRASAD: But former White House terror adviser Richard Clarke stepped up the pressure on the administration by calling on the White House to declassify more 9/11 related material and spend less time attacking him.
RICHARD CLARKE, FORMER COUNTER-TERRORISM ADVISER: The issue is not about me. The issue is about the president's performance and the war on terrorism.
PRASAD: Terrorism the topic Wednesday, as a Senate committee will discuss the effect the Madrid bombings will have on U.S.-European cooperation in the fight against terrorism. That same day, Congress and security officials will meet for the 2004 Homeland and Global Security Summit. U.S. officials say the world must be on guard.
RUMSFELD: These people are going around systematically trying to kill innocent people all across the globe.
(END VIDEOTAPE)
PRASAD: The administration will meet with several NATO officials coming up this week. Among the topics they'll discuss, NATO's changing role in the world and how the organization can be used to fight terrorism.
Carol -- back to you.
COSTELLO: Bill Prasad live in Washington this morning.
Saddam Hussein has a big time lawyer now. The deposed Iraqi leader will be represented by French attorney Jacques Verges. Verges has defended some of the world's most notorious figures. He's already taking issue with the way Saddam is being treated.
(BEGIN VIDEO CLIP)
JACQUES VERGES, LAWYER (THROUGH TRANSLATOR): The Americans are saying he is a prisoner of war but at the same time he's not being treated like one. The Geneva Convention says that the dignity of a prisoner of war shouldn't be harmed, that he can only be interrogated about his identity. In this case, his dignity was harmed and he's also being interrogated. And on top of that, the heads of the states that are enemies of Iraq are saying he's guilty. That is the case for Mr. Bush, saying Saddam Hussein is guilty and he deserves to die. Is Mr. Bush a judge?
(END VIDEO CLIP)
COSTELLO: Verges says 11 other attorneys from different nations will assist him in defending Saddam Hussein.
On to the legal front now. In a federal court decision, two dissenting judges call the road to hell. This occurs here in the United States, the ruling by the Fifth Circuit Court of Appeals will allow police officers to search homes and buildings for evidence without a warrant. The decision applies to the so-called "protective sweeps" where officers are trying to ensure their own safety. The court also says evidence found in these searches can be admissible in court. The ACLU calls the decision dangerous. The ruling affects three states in the Fifth Circuit -- Louisiana, Texas and Mississippi.
Another case, this one before the U.S. Supreme Court, involves a Mexican doctor secretly kidnapped and brought to the U.S. to face a criminal charge. The Bush administration believes the decision could have an impact on efforts to fight global terrorism.
More on that story now from our Elaine Quijano.
(BEGIN VIDEOTAPE)
ELAINE QUIJANO, CNN CORRESPONDENT, (voice over): The question before the Supreme Court this week deals with a relatively obscure federal law, the Alien Tort Statute. The case involves the Mexican doctor Abutro Albreson Shane (ph) who in 1990 was kidnapped from Mexico by people working for the U.S. Drug Enforcement Administration. The doctor stood trial in L.A. for the murder of a DEA agent, but was acquitted after spending two and a half years in a U.S. prison.
UNIDENTIFIED MALE, (through translator): It's a very painful situation. I felt terrorized, filled with fear. It's a very bad situation for anyone to experience.
QUIJANO: The doctor sued several parties including those bounty hunters that kidnapped him. He was awarded $25,000 for emotional distress and one by citing the Alien Tort Statute.
UNIDENTIFIED MALE: It gives the victims of egregious violations of human rights access to a federal forum in which their wrongs can be adjudicated.
QUIJANO: But one of the Mexican nationals involved in the kidnapping appealed the decision. Now, the case has wound its way to the Supreme Court and the Bush administration worries it could affect U.S. officials' ability to capture terrorists like Osama Bin Laden.
UNIDENTIFIED MALE: They might very well want to do that without the benefit of the foreign governments' approval and if that happens, under the theory of the case here, anyone who assists the United States is subject to liability.
QUIJANO: Subject to liability, also could be U.S. corporations doing business overseas that are accused of violating international laws or human rights. Already, suits have been brought against several American companies.
EDWARD LAZARUS, ATTORNEY, AUTHOR: As globalization really expands, the question will be to what degree U.S. courts are going to be open to all kinds of acts of alleged international unlawfulness to settle in the United States even if they don't have that much connection to the United States.
QUIJANO (on camera): The Bush administration has also asked the Supreme Court to clarify when federal officers have the authority to arrest someone in a foreign country. The case is set to be argued Tuesday. A ruling is expected by June. Elaine Quijano, CNN, Washington.
(END VIDEOTAPE)
COSTELLO: And time now to check some stories making news across America this Monday morning.
The highway shooting spree around Columbus, Ohio cost law enforcement there around $3 million. The "Columbus Dispatch" reports the money was needed to investigate the 25 shootings and to provide extra police presence in the area. Charles McCoy, Jr. was charged in one of the shootings after being arrested nearly two weeks ago.
In Detroit, a 1-year-old was killed by a shotgun blast while sleeping in her home. Police say the baby's caretaker was checking to see if the gun was loaded. It went off. A decision has not been made on whether to file any charges.
It's open. It's open -- at least part of it is. The northbound lanes of I-95, a major traffic corridor near Bridgeport, Connecticut, open right now. Both sides were closed after an oil tanker crashed and exploded last Thursday. More than 120,000 vehicles travel that highway between Boston and New York.
MYERS: I can't imagine that freeway closed.
COSTELLO: I can't either.
MYERS: I just, you know, I...
COSTELLO: I mean it's bad on a good day.
MYERS: It's bad when it's open.
COSTELLO: Exactly.
MYERS: All right, time to give away the mug from Friday.
COSTELLO: And the mugs are in, we're happy to say.
MYERS: And look it. There you go.
COSTELLO: Aren't they beautiful?
MYERS: We have all rainbow colors. So win them all. So play early and play often.
Here you go, the Friday questions for you this morning. Bobby Brown spent a night in jail for failure to pay child support. But how much did he owe? The answer is $63,000. It told you to make your own gym. It was right before the show, right before this segment. How do you make your own gym at home? Rubber bands or rubber tubes, kind of stretching things here; a trampoline, dumbbells, jump rope and a padded weighted bar.
And the winner is -- drum roll, please -- from Boulder, Colorado -- why you're not sleeping, I'm not sure -- but Bill, Bill Whelan, actually, a long time e-mailer for us.
COSTELLO: Yes, Bill.
MYERS: I remember him e-mailing a couple of times a long, long time ago. He was the first one in yesterday, or Friday. He must have had his computer turned on.
COSTELLO: He must have. And he must have been spunky, too, that early in the morning.
MYERS: Try again. Yes, try again to win it at 6:50. Keep watching.
COSTELLO: All right, thank you, Chad.
MYERS: You're welcome.
COSTELLO: Still to come on DAYBREAK, they say nothing in life is free. That's especially true at the pumps.
MYERS: Ooh.
COSTELLO: Yes. So who's hit the hardest? We'll share some of the highs and the lows.
Plus, if you think gas is expensive, wait until you hear about the changes at one of America's favorite vacation destinations.
And twister touchdown -- hear what happened when this funnel cloud swept the Plains over the weekend.
And what could keep this tennis ace away from summer games? Hmmm.
This is DAYBREAK for Monday, March 29th.
(COMMERCIAL BREAK)
COSTELLO: Welcome back. Your news, money, weather and sports. It is just about 6:15 Eastern.
Here is what's happening.
Condoleezza Rice says she has nothing to hide from the commission investigating the 9/11 attacks. But appearing on "60 Minutes," Rice said she will not testify publicly.
Ralph Nader says he'll meet with John Kerry next month to discuss what Nader calls "the common objective -- beating President Bush." No comment yet from Kerry.
In money, Wall Street investors are watching some key economic data this week, especially the monthly jobs report. Investors are looking for signs the economic recovery remains on track.
In sports, Duke survives Xavier and moves on as the only top seed to advance to the final four. Also, Georgia Tech whips Kansas in overtime, to advance to its first final four since 1990.
In culture, a hot night in Harlem as the Apollo Theater celebrates its 70th birthday. Celebrities in the seats and on stage -- acts ranging from Ashanti to Willie Nelson.
(WEATHER REPORT)
COSTELLO: Time for a little business buzz right now.
After six long months, could there be a mistrial in the case against Tyco's former executives?
Stacey Tisdale live at the NASDAQ market site.
This is really a strange twist, isn't it?
STACEY TISDALE, CNN CORRESPONDENT: It's really something, Carol.
And, in fact, legal experts are saying now that the most likely outcome of the Tyco trial is a mistrial.
Let me tell you about the latest drama. A juror on Friday appeared to flash the defendants -- listen to this -- an OK sign as she was walking in front of the defense table. She's been identified as 79-year-old Ruth Bennett Jordan. The description sounds like she's a bit of a New York socialite. But all of this is very unusual. We usually don't know a juror's name. We usually don't know much about their lives. But, then again, this case is nothing if not unusual.
Well, a judge today is expected to urge jurors to be civil and to keep deliberating. But, again, there's lots of speculation that there's going to be a mistrial.
Usually a mistrial is considered a victory for the defense. But a lot of analysts are saying they expect prosecutors to retry this case and they really think that they have a bit of an advantage, because they're going to be able to refine what's been called a flawed and broad prosecution.
Just to update you, this is the trial of former Tyco chief Dennis Kozlowski and former Chief Financial Officer Mark Swartz. The two are charged with looting Tyco for $170 million in compensation and making $430 million in illicit stock sales.
But we will keep you up to date. It's turning into quite a soap opera -- now back over to Carol.
COSTELLO: Ooh, you're not kidding.
A quick look at the futures before you go?
TISDALE: Things are looking good. You just mentioned that all eyes are going to be on the employment report on Friday, so not much activity expected ahead of that. But so far the futures look strong. So at least it looks like we're going to get a strong start to this week.
COSTELLO: All right, Stacey Tisdale live from the NASDAQ market site.
Gas prices have hit record highs and guess what? There's no relief in sight. The national average price of self-serve regular is up $0.03. And it happened in the past two weeks. It's now $1.77 a gallon.
Prices across the country, take a look -- $1.62 here in Atlanta; $1.75 in Philadelphia; $1.78 in Denver; $1.81 in Seattle; and $2.10 a gallon in Los Angeles. Oh, ouch.
The most expensive gas, though, $2.12 in San Diego. The cheapest? $1.60 in Tulsa.
Coming up on DAYBREAK, a family reunited. We saw their amazing story unfold. Now perhaps even more people will hear the remarkable story of separation and recognition.
And we'll take it easy on you since it's a Monday morning. Our DAYBREAK Photo of the Day -- ooh, what is it?
(COMMERCIAL BREAK)
COSTELLO: And welcome back to DAYBREAK.
You know, I think you should do a little NASCAR update for us.
MYERS: Kurt Busch won the race yesterday. He still got booed, the same place he got booed last time. It was, it's all about a Jimmy Spencer incident. And Dale Earnhardt, Jr. admitted spinning out on purpose.
COSTELLO: Really?
MYERS: So that he could bring out his own caution and so therefore he wouldn't go a lap down, because he had that loose wheel. COSTELLO: So what happens to him?
MYERS: Well, there used to be a penalty for that. But NASCAR looking the other way right now. We'll see.
COSTELLO: Is that because of his last name, you know, Earnhardt, a big racing name kind of like...
MYERS: Well, there's a lot of politics in NASCAR, I'll put it that way.
COSTELLO: Yes.
MYERS: Absolutely.
COSTELLO: Right.
MYERS: You know, I'm going to have to polish my shoes if I'm going to be sitting at this set. I never really have to worry about that.
COSTELLO: Yes, you will have to do that.
MYERS: Yes.
COSTELLO: Or get a new pair.
MYERS: No, don't take...
COSTELLO: Although that's asking too much.
MYERS: I can find something.
COSTELLO: Yes.
Time now for our DAYBREAK Eye-Opener.
And the funeral for Old Smoky. In Ireland, a group of smokers held a mock funeral for their cigarettes. Yes.
MYERS: They can't smoke any more.
COSTELLO: No. Starting at midnight last night, a sweeping ban went into effect, making smoking illegal in all workplaces. The ban includes pubs, but you can still smoke in mental homes and in prison, Chad.
MYERS: Yes, good.
COSTELLO: Remember the recent story of the Philadelphia woman who thought her daughter died in a fire only to see her at a party six years later? Well, guess what? She has sold her story to a TV movie producer for a handsome six figure sum. The producer who bought the rights best known for bio pics on Sonny & Cher and Lucy & Desi.
MYERS: I guess he hasn't had a lot of work lately. COSTELLO: I guess not.
Great pictures, Chad.
Look at this tornado touching down in Oklahoma.
MYERS: Ooh.
COSTELLO: That's scary stuff.
MYERS: What a (UNINTELLIGIBLE).
COSTELLO: The twister reportedly tossed a car off the road. Not that one you're looking at, hopefully. And it swept up other debris, supposedly animals, too. But I don't know if I believe that. No one hurt. Oh, a cow.
MYERS: Oh, it could certainly do that. Oh, yes, absolutely.
COSTELLO: A cow was killed.
MYERS: Yes, absolutely. I was forecasting a tornado in El Reno when I was working at one of the TV stations out there and it picked up a school bus. No one in it, thank goodness, because it was just parked at the school, well after school hours. Tossed that school bus over a mile. You couldn't even recognize that it was a bus when the tornado was done with it so.
COSTELLO: That is truly frightening.
MYERS: Yes, it is.
COSTELLO: Time for Photo of the Day.
MYERS: Do you know what it is? Did you see it? Can you tell what it is? Well, you should be able to take a look at it.
COSTELLO: It looks like the surface of Mars to me.
MYERS: It could be.
COSTELLO: But no.
MYERS: I don't see -- I don't see any little Martians there. No, zoom out and you have the cherry blossoms there right along the Mall.
COSTELLO: Is that not beautiful?
MYERS: You were there this weekend. The weather was great.
COSTELLO: Is that a picture that we took? No. I took a bunch of pictures yesterday.
MYERS: Oh.
COSTELLO: And we're going to show them tomorrow, so we can put them in a photo album. But it's beautiful. It looks just like that.
MYERS: Yes, it really -- it was phenomenal weather, too, this weekend. So that's great.
COSTELLO: Oh, that's so beautiful.
MYERS: A little cool today, but, hey, sunshine and 54.
COSTELLO: But we can't ask for more.
Thank you, Chad.
MYERS: You're welcome.
COSTELLO: Here's what's all new in our next half hour.
Calls for Israel's prime minister to step down. It's a situation that involves the supreme court, his son and documents that allegedly could prove bribery. We're going to take you live to Jerusalem to find out what Ariel Sharon's options are now.
And conservative talk radio gets some competition from the left. What's behind the change in the air waves?
And then we will take you live to Tokyo, where America's pastime is pretty darned popular this time of year. The Yankees are there in Japan.
MYERS: Yes.
COSTELLO: We'll be right back.
(COMMERCIAL BREAK)
COSTELLO: Protesters burn the American flag and chant for justice after U.S. soldiers shut down a local newspaper in Iraq.
Good morning to you.
Welcome to DAYBREAK.
From the CNN's global headquarters in Atlanta, is it Monday, March 29th.
More on those demonstrations in Iraq.
But first, the latest headlines this hour.
Disagreements among member nations led to the cancellation of today's planned Arab summit in Tunisia. Egypt has offered to host a future summit. The dispute is over greater freedoms.
In a rally in Gaza City, the new Hamas leader calls President Bush "an enemy of god and of Muslims." He also says Hamas will attack Israel in retaliation for last week's killing of Hamas founder Sheikh Ahmed Yassin. Authorities in Uzbekistan have several people in custody this morning following what they called a terrorist bomb attack near the Tashkent market this morning. Several people injured in that blast.
And today, the Tyco jurors are expected to tell the judge whether they can continue deliberating the case against two Tyco executives in good faith. If not, we could see a mistrial.
To the forecast center -- actually, the weather wall this morning and Chad.
MYERS: Yes.
Good morning, Carol.
COSTELLO: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: To the 9/11 Commission hearings now and Condoleezza Rice. Did you catch "60 Minutes" last night? The national security adviser was on and talking. Of course she wasn't talking in public under oath before that 9/11 Commission.
She again denied allegations by former White House anti-terrorism adviser Richard Clarke and she acknowledged that after 9/11, President Bush asked Clarke to find out if Iraq had been involved in the terror attacks. But she says the president was not trying to force Clarke to implicate Iraq.
(BEGIN VIDEO CLIP FROM CBS "60 MINUTES")
CONDOLEEZZA RICE, NATIONAL SECURITY ADVISER: The president asked a perfectly logical question. We'd just been hit and hit hard. Was -- did Iraq have anything to do with this, were they complicit in it? This was a country with which we had been to war a couple of times, that was firing at our airplanes in the no fly zone. It made perfectly good sense to ask about Iraq.
(END VIDEO CLIP)
COSTELLO: As to why she won't speak publicly before the 9/11 Commission, she again says there's a longstanding principal that national security advisers do not testify before Congress.
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 29, 2004 - 05:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: "Nothing to hide," those words again from the president's top security adviser as she talks about not talking to the 9/11 Commission in public.
And good morning to you.
From the CNN global headquarters in Atlanta, this is DAYBREAK for Monday, March 29th.
I'm Carol Costello.
More on the latest volley from Condoleezza Rice over the 9/11 Commission hearings.
But first, the latest headlines at this hour.
Massachusetts lawmakers resume their debate on same-sex marriage today. An amendment banning gay marriage but allowing civil unions could come to a vote.
Challenges to a late term abortion law will be heard in three federal courtrooms across the country today. The Partial Birth Abortion Act is on hold until a final judicial decision.
President Bush will preside over a White House ceremony today welcoming seven new countries into NATO. Among the seven are former communist strongholds Romania and Bulgaria.
Israel's chief prosecutor is recommending an indictment against Prime Minister Ariel Sharon. Israel's attorney general must still sign off on the charges against Mr. Sharon. The case involves bribery allegations stemming from when he was foreign minister. We'll have a live report for you out of Jerusalem later this hour.
British actor and novelist Peter Ustinov has died. The actor's agent says Ustinov died last night in Switzerland. He was 82 years old.
Let's head to the weather wall and Chad for a first look at the forecast center -- good morning.
CHAD MYERS, CNN CORRESPONDENT: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: It sounds pretty darned good.
MYERS: It does.
COSTELLO: Thank you, Chad.
MYERS: You're welcome.
COSTELLO: Up first on DAYBREAK, Condoleezza Rice, the national security adviser, is talking, but not in public and not under oath before the 9/11 Commission. Did you catch "60 Minutes" last night? Well, on that program, she insisted she has nothing to hide from the panel investigating the September 11 terrorist attacks. She denied that the Bush administration put the war on terror on a back burner before the tragedy. And on the issue of an apology, here's what she had to say on CBS' "60 Minutes."
(BEGIN VIDEO CLIP FROM CBS "60 MINUTES")
CARL ROCHELLE, CNN CORRESPONDENT: The families, I think, have heard from this president that -- and from me, and from me personally in some cases, in that field in Pennsylvania or at the World Trade Center -- how deeply sorry everyone is for the loss that they endured. You couldn't be human and not feel the horror of that day.
We do need to stay focused on what happened to us that day. And the best thing that we can do for the memory of the victims, the best thing that we can do for the future of this country is to focus on those who did this to us.
(END VIDEO CLIP)
COSTELLO: Rice is sticking to her refusal to testify publicly under oath before the 9/11 panel. She says there's a longstanding principle that national security advisers do not testify before Congress.
That principle is certainly becoming an election issue for President Bush.
Bill Prasad joining us live from Washington with more on that and the rest of this week on the Hill -- good morning, Bill.
BILL PRASAD, CNN CORRESPONDENT: Good morning, Carol.
President Bush and John Kerry continue to collide on issues dealing with terrorism. Look for that topic to be front and center this week here in Washington and elsewhere.
(BEGIN VIDEOTAPE)
PRASAD (voice-over): Politics California style -- John Kerry takes to two wheels to deliver one statement, that National Security Advisor Condoleezza Rice should answer 9/11 questions in public. It's a message he preached in Missouri.
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: To accomplish America's needs, to protect the security of our country, the answer is profoundly, yes, she should. PRASAD: Rice has said testifying in public to the 9/11 Commission would violate the confidentiality that exists between she and the president. She has spoken to the Commission in private.
DONALD RUMSFELD, SECRETARY OF DEFENSE: She is anxious to testify.
COLIN POWELL, SECRETARY OF STATE: Condi would like to testify.
RUMSFELD: Condi Rice would be a superb witness.
POWELL: She has testified in private for four hours.
PRASAD: But former White House terror adviser Richard Clarke stepped up the pressure on the administration by calling on the White House to declassify more 9/11 related material and spend less time attacking him.
RICHARD CLARKE, FORMER COUNTER-TERRORISM ADVISER: The issue is not about me. The issue is about the president's performance and the war on terrorism.
PRASAD: Terrorism the topic Wednesday, as a Senate committee will discuss the effect the Madrid bombings will have on U.S.-European cooperation in the fight against terrorism. That same day, Congress and security officials will meet for the 2004 Homeland and Global Security Summit. U.S. officials say the world must be on guard.
RUMSFELD: These people are going around systematically trying to kill innocent people all across the globe.
(END VIDEOTAPE)
PRASAD: The administration will meet with several NATO officials coming up this week. Among the topics they'll discuss, NATO's changing role in the world and how the organization can be used to fight terrorism.
Carol -- back to you.
COSTELLO: Bill Prasad live in Washington this morning.
Saddam Hussein has a big time lawyer now. The deposed Iraqi leader will be represented by French attorney Jacques Verges. Verges has defended some of the world's most notorious figures. He's already taking issue with the way Saddam is being treated.
(BEGIN VIDEO CLIP)
JACQUES VERGES, LAWYER (THROUGH TRANSLATOR): The Americans are saying he is a prisoner of war but at the same time he's not being treated like one. The Geneva Convention says that the dignity of a prisoner of war shouldn't be harmed, that he can only be interrogated about his identity. In this case, his dignity was harmed and he's also being interrogated. And on top of that, the heads of the states that are enemies of Iraq are saying he's guilty. That is the case for Mr. Bush, saying Saddam Hussein is guilty and he deserves to die. Is Mr. Bush a judge?
(END VIDEO CLIP)
COSTELLO: Verges says 11 other attorneys from different nations will assist him in defending Saddam Hussein.
On to the legal front now. In a federal court decision, two dissenting judges call the road to hell. This occurs here in the United States, the ruling by the Fifth Circuit Court of Appeals will allow police officers to search homes and buildings for evidence without a warrant. The decision applies to the so-called "protective sweeps" where officers are trying to ensure their own safety. The court also says evidence found in these searches can be admissible in court. The ACLU calls the decision dangerous. The ruling affects three states in the Fifth Circuit -- Louisiana, Texas and Mississippi.
Another case, this one before the U.S. Supreme Court, involves a Mexican doctor secretly kidnapped and brought to the U.S. to face a criminal charge. The Bush administration believes the decision could have an impact on efforts to fight global terrorism.
More on that story now from our Elaine Quijano.
(BEGIN VIDEOTAPE)
ELAINE QUIJANO, CNN CORRESPONDENT, (voice over): The question before the Supreme Court this week deals with a relatively obscure federal law, the Alien Tort Statute. The case involves the Mexican doctor Abutro Albreson Shane (ph) who in 1990 was kidnapped from Mexico by people working for the U.S. Drug Enforcement Administration. The doctor stood trial in L.A. for the murder of a DEA agent, but was acquitted after spending two and a half years in a U.S. prison.
UNIDENTIFIED MALE, (through translator): It's a very painful situation. I felt terrorized, filled with fear. It's a very bad situation for anyone to experience.
QUIJANO: The doctor sued several parties including those bounty hunters that kidnapped him. He was awarded $25,000 for emotional distress and one by citing the Alien Tort Statute.
UNIDENTIFIED MALE: It gives the victims of egregious violations of human rights access to a federal forum in which their wrongs can be adjudicated.
QUIJANO: But one of the Mexican nationals involved in the kidnapping appealed the decision. Now, the case has wound its way to the Supreme Court and the Bush administration worries it could affect U.S. officials' ability to capture terrorists like Osama Bin Laden.
UNIDENTIFIED MALE: They might very well want to do that without the benefit of the foreign governments' approval and if that happens, under the theory of the case here, anyone who assists the United States is subject to liability.
QUIJANO: Subject to liability, also could be U.S. corporations doing business overseas that are accused of violating international laws or human rights. Already, suits have been brought against several American companies.
EDWARD LAZARUS, ATTORNEY, AUTHOR: As globalization really expands, the question will be to what degree U.S. courts are going to be open to all kinds of acts of alleged international unlawfulness to settle in the United States even if they don't have that much connection to the United States.
QUIJANO (on camera): The Bush administration has also asked the Supreme Court to clarify when federal officers have the authority to arrest someone in a foreign country. The case is set to be argued Tuesday. A ruling is expected by June. Elaine Quijano, CNN, Washington.
(END VIDEOTAPE)
COSTELLO: And time now to check some stories making news across America this Monday morning.
The highway shooting spree around Columbus, Ohio cost law enforcement there around $3 million. The "Columbus Dispatch" reports the money was needed to investigate the 25 shootings and to provide extra police presence in the area. Charles McCoy, Jr. was charged in one of the shootings after being arrested nearly two weeks ago.
In Detroit, a 1-year-old was killed by a shotgun blast while sleeping in her home. Police say the baby's caretaker was checking to see if the gun was loaded. It went off. A decision has not been made on whether to file any charges.
It's open. It's open -- at least part of it is. The northbound lanes of I-95, a major traffic corridor near Bridgeport, Connecticut, open right now. Both sides were closed after an oil tanker crashed and exploded last Thursday. More than 120,000 vehicles travel that highway between Boston and New York.
MYERS: I can't imagine that freeway closed.
COSTELLO: I can't either.
MYERS: I just, you know, I...
COSTELLO: I mean it's bad on a good day.
MYERS: It's bad when it's open.
COSTELLO: Exactly.
MYERS: All right, time to give away the mug from Friday.
COSTELLO: And the mugs are in, we're happy to say.
MYERS: And look it. There you go.
COSTELLO: Aren't they beautiful?
MYERS: We have all rainbow colors. So win them all. So play early and play often.
Here you go, the Friday questions for you this morning. Bobby Brown spent a night in jail for failure to pay child support. But how much did he owe? The answer is $63,000. It told you to make your own gym. It was right before the show, right before this segment. How do you make your own gym at home? Rubber bands or rubber tubes, kind of stretching things here; a trampoline, dumbbells, jump rope and a padded weighted bar.
And the winner is -- drum roll, please -- from Boulder, Colorado -- why you're not sleeping, I'm not sure -- but Bill, Bill Whelan, actually, a long time e-mailer for us.
COSTELLO: Yes, Bill.
MYERS: I remember him e-mailing a couple of times a long, long time ago. He was the first one in yesterday, or Friday. He must have had his computer turned on.
COSTELLO: He must have. And he must have been spunky, too, that early in the morning.
MYERS: Try again. Yes, try again to win it at 6:50. Keep watching.
COSTELLO: All right, thank you, Chad.
MYERS: You're welcome.
COSTELLO: Still to come on DAYBREAK, they say nothing in life is free. That's especially true at the pumps.
MYERS: Ooh.
COSTELLO: Yes. So who's hit the hardest? We'll share some of the highs and the lows.
Plus, if you think gas is expensive, wait until you hear about the changes at one of America's favorite vacation destinations.
And twister touchdown -- hear what happened when this funnel cloud swept the Plains over the weekend.
And what could keep this tennis ace away from summer games? Hmmm.
This is DAYBREAK for Monday, March 29th.
(COMMERCIAL BREAK)
COSTELLO: Welcome back. Your news, money, weather and sports. It is just about 6:15 Eastern.
Here is what's happening.
Condoleezza Rice says she has nothing to hide from the commission investigating the 9/11 attacks. But appearing on "60 Minutes," Rice said she will not testify publicly.
Ralph Nader says he'll meet with John Kerry next month to discuss what Nader calls "the common objective -- beating President Bush." No comment yet from Kerry.
In money, Wall Street investors are watching some key economic data this week, especially the monthly jobs report. Investors are looking for signs the economic recovery remains on track.
In sports, Duke survives Xavier and moves on as the only top seed to advance to the final four. Also, Georgia Tech whips Kansas in overtime, to advance to its first final four since 1990.
In culture, a hot night in Harlem as the Apollo Theater celebrates its 70th birthday. Celebrities in the seats and on stage -- acts ranging from Ashanti to Willie Nelson.
(WEATHER REPORT)
COSTELLO: Time for a little business buzz right now.
After six long months, could there be a mistrial in the case against Tyco's former executives?
Stacey Tisdale live at the NASDAQ market site.
This is really a strange twist, isn't it?
STACEY TISDALE, CNN CORRESPONDENT: It's really something, Carol.
And, in fact, legal experts are saying now that the most likely outcome of the Tyco trial is a mistrial.
Let me tell you about the latest drama. A juror on Friday appeared to flash the defendants -- listen to this -- an OK sign as she was walking in front of the defense table. She's been identified as 79-year-old Ruth Bennett Jordan. The description sounds like she's a bit of a New York socialite. But all of this is very unusual. We usually don't know a juror's name. We usually don't know much about their lives. But, then again, this case is nothing if not unusual.
Well, a judge today is expected to urge jurors to be civil and to keep deliberating. But, again, there's lots of speculation that there's going to be a mistrial.
Usually a mistrial is considered a victory for the defense. But a lot of analysts are saying they expect prosecutors to retry this case and they really think that they have a bit of an advantage, because they're going to be able to refine what's been called a flawed and broad prosecution.
Just to update you, this is the trial of former Tyco chief Dennis Kozlowski and former Chief Financial Officer Mark Swartz. The two are charged with looting Tyco for $170 million in compensation and making $430 million in illicit stock sales.
But we will keep you up to date. It's turning into quite a soap opera -- now back over to Carol.
COSTELLO: Ooh, you're not kidding.
A quick look at the futures before you go?
TISDALE: Things are looking good. You just mentioned that all eyes are going to be on the employment report on Friday, so not much activity expected ahead of that. But so far the futures look strong. So at least it looks like we're going to get a strong start to this week.
COSTELLO: All right, Stacey Tisdale live from the NASDAQ market site.
Gas prices have hit record highs and guess what? There's no relief in sight. The national average price of self-serve regular is up $0.03. And it happened in the past two weeks. It's now $1.77 a gallon.
Prices across the country, take a look -- $1.62 here in Atlanta; $1.75 in Philadelphia; $1.78 in Denver; $1.81 in Seattle; and $2.10 a gallon in Los Angeles. Oh, ouch.
The most expensive gas, though, $2.12 in San Diego. The cheapest? $1.60 in Tulsa.
Coming up on DAYBREAK, a family reunited. We saw their amazing story unfold. Now perhaps even more people will hear the remarkable story of separation and recognition.
And we'll take it easy on you since it's a Monday morning. Our DAYBREAK Photo of the Day -- ooh, what is it?
(COMMERCIAL BREAK)
COSTELLO: And welcome back to DAYBREAK.
You know, I think you should do a little NASCAR update for us.
MYERS: Kurt Busch won the race yesterday. He still got booed, the same place he got booed last time. It was, it's all about a Jimmy Spencer incident. And Dale Earnhardt, Jr. admitted spinning out on purpose.
COSTELLO: Really?
MYERS: So that he could bring out his own caution and so therefore he wouldn't go a lap down, because he had that loose wheel. COSTELLO: So what happens to him?
MYERS: Well, there used to be a penalty for that. But NASCAR looking the other way right now. We'll see.
COSTELLO: Is that because of his last name, you know, Earnhardt, a big racing name kind of like...
MYERS: Well, there's a lot of politics in NASCAR, I'll put it that way.
COSTELLO: Yes.
MYERS: Absolutely.
COSTELLO: Right.
MYERS: You know, I'm going to have to polish my shoes if I'm going to be sitting at this set. I never really have to worry about that.
COSTELLO: Yes, you will have to do that.
MYERS: Yes.
COSTELLO: Or get a new pair.
MYERS: No, don't take...
COSTELLO: Although that's asking too much.
MYERS: I can find something.
COSTELLO: Yes.
Time now for our DAYBREAK Eye-Opener.
And the funeral for Old Smoky. In Ireland, a group of smokers held a mock funeral for their cigarettes. Yes.
MYERS: They can't smoke any more.
COSTELLO: No. Starting at midnight last night, a sweeping ban went into effect, making smoking illegal in all workplaces. The ban includes pubs, but you can still smoke in mental homes and in prison, Chad.
MYERS: Yes, good.
COSTELLO: Remember the recent story of the Philadelphia woman who thought her daughter died in a fire only to see her at a party six years later? Well, guess what? She has sold her story to a TV movie producer for a handsome six figure sum. The producer who bought the rights best known for bio pics on Sonny & Cher and Lucy & Desi.
MYERS: I guess he hasn't had a lot of work lately. COSTELLO: I guess not.
Great pictures, Chad.
Look at this tornado touching down in Oklahoma.
MYERS: Ooh.
COSTELLO: That's scary stuff.
MYERS: What a (UNINTELLIGIBLE).
COSTELLO: The twister reportedly tossed a car off the road. Not that one you're looking at, hopefully. And it swept up other debris, supposedly animals, too. But I don't know if I believe that. No one hurt. Oh, a cow.
MYERS: Oh, it could certainly do that. Oh, yes, absolutely.
COSTELLO: A cow was killed.
MYERS: Yes, absolutely. I was forecasting a tornado in El Reno when I was working at one of the TV stations out there and it picked up a school bus. No one in it, thank goodness, because it was just parked at the school, well after school hours. Tossed that school bus over a mile. You couldn't even recognize that it was a bus when the tornado was done with it so.
COSTELLO: That is truly frightening.
MYERS: Yes, it is.
COSTELLO: Time for Photo of the Day.
MYERS: Do you know what it is? Did you see it? Can you tell what it is? Well, you should be able to take a look at it.
COSTELLO: It looks like the surface of Mars to me.
MYERS: It could be.
COSTELLO: But no.
MYERS: I don't see -- I don't see any little Martians there. No, zoom out and you have the cherry blossoms there right along the Mall.
COSTELLO: Is that not beautiful?
MYERS: You were there this weekend. The weather was great.
COSTELLO: Is that a picture that we took? No. I took a bunch of pictures yesterday.
MYERS: Oh.
COSTELLO: And we're going to show them tomorrow, so we can put them in a photo album. But it's beautiful. It looks just like that.
MYERS: Yes, it really -- it was phenomenal weather, too, this weekend. So that's great.
COSTELLO: Oh, that's so beautiful.
MYERS: A little cool today, but, hey, sunshine and 54.
COSTELLO: But we can't ask for more.
Thank you, Chad.
MYERS: You're welcome.
COSTELLO: Here's what's all new in our next half hour.
Calls for Israel's prime minister to step down. It's a situation that involves the supreme court, his son and documents that allegedly could prove bribery. We're going to take you live to Jerusalem to find out what Ariel Sharon's options are now.
And conservative talk radio gets some competition from the left. What's behind the change in the air waves?
And then we will take you live to Tokyo, where America's pastime is pretty darned popular this time of year. The Yankees are there in Japan.
MYERS: Yes.
COSTELLO: We'll be right back.
(COMMERCIAL BREAK)
COSTELLO: Protesters burn the American flag and chant for justice after U.S. soldiers shut down a local newspaper in Iraq.
Good morning to you.
Welcome to DAYBREAK.
From the CNN's global headquarters in Atlanta, is it Monday, March 29th.
More on those demonstrations in Iraq.
But first, the latest headlines this hour.
Disagreements among member nations led to the cancellation of today's planned Arab summit in Tunisia. Egypt has offered to host a future summit. The dispute is over greater freedoms.
In a rally in Gaza City, the new Hamas leader calls President Bush "an enemy of god and of Muslims." He also says Hamas will attack Israel in retaliation for last week's killing of Hamas founder Sheikh Ahmed Yassin. Authorities in Uzbekistan have several people in custody this morning following what they called a terrorist bomb attack near the Tashkent market this morning. Several people injured in that blast.
And today, the Tyco jurors are expected to tell the judge whether they can continue deliberating the case against two Tyco executives in good faith. If not, we could see a mistrial.
To the forecast center -- actually, the weather wall this morning and Chad.
MYERS: Yes.
Good morning, Carol.
COSTELLO: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: To the 9/11 Commission hearings now and Condoleezza Rice. Did you catch "60 Minutes" last night? The national security adviser was on and talking. Of course she wasn't talking in public under oath before that 9/11 Commission.
She again denied allegations by former White House anti-terrorism adviser Richard Clarke and she acknowledged that after 9/11, President Bush asked Clarke to find out if Iraq had been involved in the terror attacks. But she says the president was not trying to force Clarke to implicate Iraq.
(BEGIN VIDEO CLIP FROM CBS "60 MINUTES")
CONDOLEEZZA RICE, NATIONAL SECURITY ADVISER: The president asked a perfectly logical question. We'd just been hit and hit hard. Was -- did Iraq have anything to do with this, were they complicit in it? This was a country with which we had been to war a couple of times, that was firing at our airplanes in the no fly zone. It made perfectly good sense to ask about Iraq.
(END VIDEO CLIP)
COSTELLO: As to why she won't speak publicly before the 9/11 Commission, she again says there's a longstanding principal that national security advisers do not testify before Congress.
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