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American Morning

Condoleezza Rice Says She Has Nothing to Hide From 9/11 Commission; Questions Still Need to be Answered Ahead of Transfer of Power in Iraq

Aired March 29, 2004 - 08:00   ET

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

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


BILL HEMMER, CNN ANCHOR: Good morning.
The voices growing louder for Condoleezza Rice to testify in public about 9/11. Is the White House willing to budge on this issue?

Ralph Nader says he wants to meet with John Kerry and talk about the election. Will he tell the senator what he wants to hear?

And in the Jayson Williams manslaughter trial, so much riding on the shotgun -- critical testimony starting yet again today.

Ahead this hour on AMERICAN MORNING.

ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.

SOLEDAD O'BRIEN, CNN ANCHOR: Good morning and welcome back, everybody.

Other stories that we're following this morning, U.S. forces trying to strike the right balance with Shiite Muslims in Iraq. It is not easy. Shiites furious again, this time because the troops shut down a popular newspaper. We're going to talk this morning with a reporter in Baghdad about that dilemma and whether it's bad enough to threaten the hand over plans.

HEMMER: Also this hour, Soledad, if terrorists unleash biological weapons against the U.S., will the nation be ready? The Pentagon has an answer to that question. Barbara Starr tells us what it is in a moment live from D.C. on that.

O'BRIEN: And Mr. Cafferty is here -- hello.

JACK CAFFERTY, CNN CORRESPONDENT: Good morning.

Soledad went to the movie "Jersey Girl" over the weekend, which shows you what being pregnant with twins will do to you.

Coming up in the Cafferty File, the dumbest criminal in America, residing in the great state of Oklahoma. We'll give you the details. And we'll tell you where in the world they're still teaching young girls how to grow up to be good wives and mothers. There is a place. It ain't here, but there is a place.

O'BRIEN: That's funny. I'm looking forward to that. The top stories now.

In New York, the judge in the Tyco trial could be forced to declare a mistrial today. Former Tyco CEO Dennis Kozlowski and the company's ex-finance chief are accused of taking $600 million in unauthorized compensation from the firm. The jurors return to court today. They're expected to tell the judge if they can continue their deliberations in good faith.

The new Hamas leader, Abdel Aziz Rantisi, is speaking out against President Bush. Rantisi called the president an "enemy of god and Islam." His comments come after a U.S. veto of a U.N. Security Council resolution condemning Israel's killing of Hamas' spiritual leader, Sheikh Ahmed Yassin.

Actor and humanitarian Sir Peter Ustinov has died. The Oscar winning actor was best known for his roles in "Spartacus" and "Top Copy." Later in his career, Ustinov was chosen as a U.N. goodwill ambassador, working with organizations like UNICEF. Ustinov died of heart failure over the weekend in Switzerland. He was 82 years old.

Grand jurors are to convene in the Michael Jackson matter today at an unpublicized location in Santa Barbara County, California. Prosecutors are seeking a grand jury indictment of Jackson, which means they would not have to present evidence at a preliminary hearing to determine if the case should go to trial.

And in golf, a close finish at the Kraft Nabisco championship. Fourteen-year-old Michelle Wie made a strong showing, but finished in fourth place. Seventeen-year-old Aree Song made a 30-foot putt for an eagle, to increase the pressure on the leader. But Grace Park made a clutch six foot birdie putt on 18 for the win and then she took the traditional winner's plunge. There she goes, wooh-hooh, into the pond on the 18th green.

It looks like it's pretty warm there, so.

HEMMER: I would say, after a healthy round, time for a shower.

Michelle Wie is going to be terrific, by the way.

O'BRIEN: Yes, no question.

HEMMER: Age 14, my gosh.

(WEATHER REPORT)

HEMMER: National Security Advisor Condoleezza Rice says she has nothing to hide from the 9/11 Commission and says her decision not to publicly testify is a matter of principle. Former counter-terrorism adviser Richard Clarke says he supports declassifying testimony he has given in the past and he called on the White House to declassify material, including a strategy paper he sent to Rice back in 2001.

(BEGIN VIDEO CLIP FROM "MEET THE PRESS") RICHARD CLARKE, FORMER COUNTER-TERRORISM ADVISER: Let's declassify that memo I sent on January 25th and let's declassify the national security directive that Dr. Rice's committee approved nine months later, on September 4th. And let's see if there's any difference between those two, because there isn't.

(END VIDEO CLIP)

HEMMER: Suzanne Malveaux live from the front lawn of the White House -- Suzanne, good morning to you.

Is the White House ready to declassify this material, any of it or none of it?

SUZANNE MALVEAUX, CNN CORRESPONDENT: Oh, Bill, Secretary of State Powell actually urged that much of that be declassified, as well as Congressional Republicans. They believe that it will show some inconsistencies with Clarke's statements.

But a senior administration official did say they did not think that that was likely, that it would compromise sources and methods of how this country fights terrorism. It is still very much up to debate, as well.

But the White House, make no mistake, Bill, really realizes it has a perception problem here, the perception that the White House has something to hide. We have heard from the commissioners, we've heard from the families of the 9/11 victims and this weekend even from Republicans themselves, all calling for Dr. Rice to go before the 9/11 Commission and testify publicly under oath about what she knows prior to September 11.

The White House realizes that this could become politically damaging. She has made a number of appearances on television networks, yesterday on "60 Minutes," to explain the White House position.

(BEGIN VIDEO CLIP FROM "60 MINUTES"/CBS)

CONDOLEEZZA RICE, NATIONAL SECURITY ADVISER: Nothing would be better, from my point of view, than to be able to testify. I would really like to do that. But there is an important principle involved here. It is a longstanding principle that sitting national security advisers do not testify before the Congress.

(END VIDEO CLIP)

MALVEAUX: Well, Bill, the White House is searching for some sort of compromise here. Dr. Rice says that she does want to meet with some of the family members of the 9/11 victims to talk to them, as well. She will go privately before the Commission to answer questions, as she did in February -- Bill.

HEMMER: Suzanne, thanks.

And thanks for fighting that construction there, too, at the White House.

Suzanne Malveaux -- Soledad.

O'BRIEN: Let's turn now to Iraq, where a coalition spokesman says a series of violent incidents only strengthens the resolve to stand together against insurgents who are trying to hinder Iraqi progress.

Jim Clancy has this report from Baghdad.

(BEGIN VIDEOTAPE)

JIM CLANCY, CNN CORRESPONDENT (voice-over): Thousands of supporters of a young firebrand Shia Muslim cleric took to the streets of Najaf in southern Iraq, chanting anti-coalition slogans, after their movement's newspaper was shut down by U.S. officials. Muqtada Sadr's publication, "Al Hawza," or "The School," was allegedly teaching Iraqis to fight against the coalition.

"This isn't freedom of the press!" chanted demonstrators in Baghdad as they tried to break into the sealed offices of the newspaper. Thousands gathered in the capital late into the night in protest of the two month closure.

A spokesman for the young cleric said the coalition accused their newspaper of speaking against it. "This proves the coalition forces that say they give freedom of the press are lying."

It was another bloody day in Mosul, in northern Iraq, a city that has been increasingly troubled. Two security guards hired to protect experts at an electrical power plant were killed when their convoy was attacked by gunmen in another car. One was a British national; the other Canadian. Another car in their convoy managed to escape.

Insurgents also attacked a military police convoy in Mosul, according to coalition sources. All four occupants of the attacking vehicle were killed, but two U.S. soldiers were wounded.

Gunmen failed in an assassination bid on public works minister Nasreen Barwari, also in Mosul. According to coalition sources, the minister's driver and one of her bodyguards were killed. Two other bodyguards were wounded.

Meantime in Baghdad, a roadside bomb that was buried in a middle class neighborhood exploded, wounding four Iraqis, two of them seriously.

(on camera): The daily litany of casualties is only the tip of the iceberg, according to Iraqis. As police focus on the insurgency, criminals prey on civilians in kidnappings, robberies and other crimes. A member of the Governing Council warned CNN Sunday the situation is only going to get worse before it gets any better.

Jim Clancy, CNN, Baghdad.

(END VIDEOTAPE) O'BRIEN: With security such a problem, there are still lots of questions that need to be answered ahead of the transfer of power that is now just three months away.

And joining us this morning from Baghdad with insight on the situation there is John Lee Anderson.

He is an expert on the Iraq's Shia community.

He has also written a profile for "New Yorker" magazine of one of Iraq's most powerful political families.

Nice to see you, John.

Thanks for being with us.

Let's get right to it.

You've heard reports about the U.S. coalition closing that newspaper.

What do you think the long-term impact is not only of that action, but also the protests that followed?

JOHN LEE ANDERSON, "THE NEW YORKER": Well, Muqtada Sadr, the young cleric, is, in essence, is the angry young man of the Shia street. And he has to be seen to be opposing the coalition. He has been outside of the political framework since the end of the war. When he returned, he inherited the mantle of his late father, who did have a great deal of influence and respect among Shiites. But he was not invited to sit in on the Governing Council.

So he is -- he must play to the street. And I think that the kind of firebrand demagoguery that he has been propagating in his newspapers and other forums, including from the mosque, the bully pulpit, have probably pushed the coalition and the Governing Council just a little too far. They had to be seen to be doing something.

He will continue to fire from the sidelines until the other Shia, the moderates, find a way to reign him in, if that's possible. The jury is out.

O'BRIEN: At the same time, there is this critical problem of both protecting free speech but at the same time making sure that the coalition forces are safe, certainly from being riled up by this newspaper and things like that that were being written, right?

ANDERSON: Sure. Exactly. And that's, you see the response in Najaf today.

You have a very difficult situation, which is that you have foreign troops, in essence, policing the streets of another country. And that really is the issue. And I think that will continue to be the problem until we no longer have British and American forces carrying out the duties of what should be the forces of Iraqi law and order. O'BRIEN: The hand over just...

ANDERSON: And we will continue to see conflagrations like that.

O'BRIEN: Let me ask you a question about the hand over, just three months away now. There are some indications that Ayatollah al- Sistani might lead the efforts, or at least be behind the efforts, to block any kind of U.S. blueprint.

One, do you think he would do it? And do you think he actually has the power to do it?

ANDERSON: Well, Ayatollah Sistani has a great deal of moral and spiritual authority over the country's majority population, 60 odd percent of them, the Shiites. He has been a force for moderation, although he is seen in the U.S. context to be a kind of fly in the ointment by this threat of a fatwa and so on.

He, in fact, is one of the, you know, he needs to come out to be seen to be opposing, standing up for Iraqi sovereignty, precisely because of people like Muqtada Sadr.

What you're really seeing is a play between the radicals and the moderatos for the hearts and minds of the Shiites.

I think he will exercise his threat or power of a fatwa as long as there is a provisional or transitional government in Iraq. Once there is a democratically elected government in Iraq and a democratically elected body comes up with a permanent constitution, Sistani will return to his, as they used to call him, quietist politics, quietist phase. But until then, he will continue to exercise his clout.

O'BRIEN: John Lee Anderson.

His latest article from Baghdad can be found in the "New Yorker."

Thanks for being with us.

Appreciate it -- Bill.

HEMMER: Politics in this country, Ralph Nader plans to meet with Senator John Kerry next month, talking about their common goal, they say, of defeating President Bush. Many Democrats view Nader as a potential spoiler this November, who could affect the outcome of a close election.

(BEGIN VIDEO CLIP)

RALPH NADER (III), PRESIDENTIAL CANDIDATE: I'm going to take more votes away from Bush than from Kerry. The members of the party out of power always come back into the fold, and that's the Democrats this year. But there are a lot of conservatives, liberal Republicans, independents who are furious with George W. Bush.

(END VIDEO CLIP) HEMMER: Ralph Nader from over the weekend.

Senator Kerry's campaign not yet commenting on that meeting.

We'll keep you posted when it goes down.

O'BRIEN: Still to come this morning, a defense weapons expert back on the stand today in the Jayson Williams trial. We've got the very latest in this case, coming up.

HEMMER: Also, a Florida man gets much more than he bargained for. He asked his son to get behind the wheel. But he won't do that again.

O'BRIEN: And we're going to hear from a man who's looking to pay some big bucks. I mean we mean very big bucks -- millions of dollars -- to get into space.

That's ahead on AMERICAN MORNING.

Stay with us.

(COMMERCIAL BREAK)

HEMMER: A defense weapons expert back on the witness stand today when testimony resumes in the Jayson Williams trial. The defense claims the gun that killed the former NBA star's chauffeur was defective, causing it to fire accidentally that night. Williams' faces eight charges, including aggravated manslaughter and witness tampering.

Alina Cho is in New Jersey for us.

(BEGIN VIDEOTAPE)

ALINA CHO, CNN CORRESPONDENT (voice-over): The big question as the trial moves forward is will Jayson Williams take the stand? A source close to the former basketball star says his lawyers haven't decided yet.

Monday, a gun expert for the defense goes back on the stand for tough questioning from prosecutors. Last week, he told the jury wear and tear and wood chips and other debris lodged in the gun may have caused the .12 gauge shotgun to misfire.

RICHARD ERNST, BALLISTICS EXPERT: It's my opinion that this shotgun was basically an accident waiting to happen.

CHO: Another witness for the defense last week, a famed forensic expert, tried to cast doubt on the prosecution's star witness, ex- teammate Benoit Benjamin. Benjamin said he saw Williams put his finger in the trigger loop of the gun right before limo driver Guy Christofi was shot and killed.

But Michael Baden testified had Benjamin been standing next to Williams, there would have been blood on his clothes. MICHAEL BADEN, FORENSIC PATHOLOGIST: So the fact that blood spattered, got there and there from Mr. Christofi, means he couldn't have been in that spot.

CHO: Prosecutors say Williams recklessly shot Christofi at his New Jersey mansion two years ago and then tried to make it look like a suicide. The defense calls it a terrible accident. The manslaughter trial is entering its eighth week.

(on camera): Williams is facing eight charges in all. The most serious charge, manslaughter, carries a sentence of up to 30 years in prison.

Alina Cho, CNN, New York.

(END VIDEOTAPE)

HEMMER: Attorney Brian Neary defended Williams on a gun charge 10 years ago, back with us here to talk about the defense case.

Good morning to you.

BRIAN NEARY, CRIMINAL DEFENSE ATTORNEY: Good morning, Bill.

HEMMER: A classic defense so far -- point the finger of blame at the police and the investigators and say you're doing it all wrong.

Is it working?

NEARY: Always one source of reasonable doubt is the adequacy of the police investigation. Here, the defense is challenging critical science, both dealing with the scene itself, the body and the gun, was not done in such a way as to assure people that, in fact, he's guilty of the crime.

HEMMER: How effective have they been in raising the possibility that this shotgun malfunctioned and went off accidentally?

NEARY: A lot will be told today, as the witness testified, Mr. Ernst testified, a gun expert, the other day, about his examination of the gun. Today we'll hear testimony concerning the condition of the gun at the time his experiment with regard to whether or not there was a wood chip and a videotape or a video that will show the mechanism of the gun, a brand new gun and a gun more like the 10-year-old gun that Mr. Williams had.

HEMMER: What about this testimony from Dr. Michael Baden saying investigators left the body of Guy Christofi inside the home of Jason West for at least 12 hours? He's suggesting that perhaps the evidence was changed because of it. What's the logic as to why he would testify that way?

NEARY: In some cases where the cause of death may be very important, that piece of police investigation could raise a real question. I think what Dr. Baden was trying to do was show that there were mistakes done along the way, because there are three things that he needs to testify -- which he did testify to. One was the gunshot blast, that Mr. Williams was further away from Mr. Christofi. The second thing had to do with a blood, that there were no smudge blood on Mr. Christofi's hand. He also had to do with the Benoit Benjamin testimony, which is very important, that if Benjamin was standing where he said he was, that he would have been, in essence, sprayed with blood and there was no blood found on Benoit Benjamin's clothes.

HEMMER: What's the suggestion, then, depending on the distance where Jayson Williams would be or Benoit Benjamin would be, in relation to Guy Christofi?

NEARY: Two different things. Dr. Lee testified six to 18 inches away. Dr. Baden, 24 to 36 inches away. Defense theory -- the further away that Williams is, the less likely that he aimed at Christofi.

With regard to Benoit Benjamin, what it would be, if Benjamin testified, I looked, I saw the trigger, I looked down the barrel and you could see the shell, if he was standing where he said -- where Benoit said he was standing, in fact, he would have, in essence, been sprayed with blood. Baden says I didn't find any blood, therefore he couldn't be standing there.

HEMMER: Eight weeks in this trial. You're from New Jersey. Why is this thing going on so long? It seems like they take a break for just about any excuse.

NEARY: No, they do. They do other things during the day. But this is the kind of case, this is important, and they're taking their time, question by question, witness by witness.

HEMMER: You can underline that again.

Brian, thanks.

We'll talk again many times this week.

NEARY: Thanks, Bill.

HEMMER: Brian Neary, good to see you -- Soledad.

O'BRIEN: Still to come this morning, Condoleezza Rice in the hot seat because she won't get in the witness chair. The White House is under pressure from a new direction.

And some new -- something new for the family of a little girl who was kidnapped then found by her mother six years later. We'll tell you that story, just ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: Believe it or not, there's going to be a book and a movie about the baby girl who disappeared in a fire and then was discovered six years later by her own mother. The family has sold the rights to their story. Law authorities say Delimar Vera was kidnapped when she was just 10 days old. The accused kidnapper is suspected of setting fire to the girl's Philadelphia home and then raising her as her own child.

Well, the girl's mother recognized her at a birthday party six years later. The family's lawyer says the book and the movie deal is worth considerably in excess of 150,000 bucks.

Yes, no kidding? I hope they got a better lawyer than that who's...

HEMMER: Remember, you interviewed them on here?

O'BRIEN: ... for a book and a movie?

HEMMER: You interviewed them a couple of weeks ago, right?

O'BRIEN: Yes.

HEMMER: When she said that she went up and took a strand of hair from her at a birthday party.

O'BRIEN: Pretty clever.

HEMMER: A clever woman, no question.

O'BRIEN: A hundred and fifty...

CAFFERTY: Maybe they can get Ben Affleck to star in it and call it "Philadelphia Girl."

HEMMER: Hey, let's settle this issue.

How was the movie "Jersey Girl?" you went and saw it over the weekend. Was it good or not?

O'BRIEN: I have to say I don't get out much.

HEMMER: Come on. One to 10, you give it a what?

O'BRIEN: I didn't love it. I thought there were some performances...

HEMMER: A five?

O'BRIEN: ... by some people in the movie.

HEMMER: Higher or lower than a five, Soledad?

CAFFERTY: I hear you. I've got an e-mail from a guy...

O'BRIEN: You know what? I'm going to beat you up after the show.

CAFFERTY: I got an e-mail from a guy in Florida who called me a dirty word.

O'BRIEN: Really? Picking on you?

CAFFERTY: For suggesting that this might not be the greatest cinematography ever put on the screen.

O'BRIEN: You know, here's what I will say. I think Kevin Smith is a fantastic director. So actually I've seen every movie he's ever made.

CAFFERTY: Well...

HEMMER: OK, well, now you're sucking up.

O'BRIEN: So I probably would have seen "Jersey" -- no, Kevin Smith is great. I didn't love the movie, but Kevin Smith generally I love.

HEMMER: Fair comment. You go it.

The Question of the Day, Jack.

CAFFERTY: Yes, well, it pales in comparison to "Jersey Girl," but Serena Williams says the threat of terrorism may be enough to keep her from competing in this summer's Olympic Games in Athens. She says if she doesn't feel comfortable, she's just not going to go, period. Security will come in the form of 50,000 cops, soldiers, other personnel; tens of millions of dollars spent on security. The United States is still questioning if it's going to be enough or not.

So we asked this morning, "How will the threat of terrorism affect the Summer Olympic Games?" There it is there.

Arnold in Biloxi, Mississippi: "From the time they awake until the time they go to sleep, our men and women in the military in Afghanistan and Iraq put their lives on the line against terrorism. American Olympians owe it to these people, as well as to their country, to go to Athens and show the terrorists that we will not let them run any part of our lives."

Reg in Thunder Bay weighs in with this: "Gee, does this mean that instead of a multi-millionaire professional tennis player, a hard working amateur player may get a chance to play in the amateur Olympics?" Touche.

Laura writes from Mississippi: "Nobody should know better than terrorism is no farther away than your own neighborhood than Serena Williams, who lost her sister to a vicious crime here in her own country. What a victory terrorists can claim if our Olympians choose not to go to Athens and proudly represent their country."

Guillaume, who is the AMERICAN MORNING French correspondent -- and we don't hold his nationality against him, because he writes pretty good stuff: "I assume it'll be hard psychologically for all the athletes. The Olympics will be the ideal opportunity for al Qaeda and if the United States and Europe are already vulnerable to terrorism, what to think of the chaotic nation of Greece."

Jim finally says this in Cambridge, New York: "I don't see what Serena Williams is worried about. The Olympics and the 9/11 Commission are the only places Condoleezza Rice hasn't turned up yet. Rice will likely be doing twice daily live terrorism updates from the various Olympic venues. What could possibly make the athletes feel any more secure?"

HEMMER: A little olive, a little feta cheese. That'll work, huh?

Jack's a golfer.

CAFFERTY: Well, I'm...

O'BRIEN: Yes, he is.

HEMMER: A good golfer, too. The players championship over the weekend, just for you, Cafferty. The players championship in Florida yesterday, the final round yesterday, Ian Poulter, reaching down to grab his ball. It slips out of his hand and goes into the water as he tried to pick it up. Facing a two stroke penalty for losing the ball. Poulter called his personal trainer out of the crowd to retrieve it.

O'BRIEN: Oh.

HEMMER: Threw it back onto the green and later made the putt for par. Those two strokes earned Poulter an extra 20 grand in prize money and he says his trainer will be rewarded quite nicely.

I'm surprised he found that thing in the water. Imagine how many golf balls are down in there.

O'BRIEN: You know, it would have been -- I thought that from that shot that that was Poulter in the water...

CAFFERTY: No, no, no, no, no

O'BRIEN: ... and I thought hey, good for him.

CAFFERTY: No. He was a moron twice, one for throwing his ball in the creek and then the second time for asking somebody else to go get it for him.

HEMMER: That's what we call an M&M on a Monday morning.

CAFFERTY: Hamper (UNINTELLIGIBLE) the weenies that they are, some of them.

O'BRIEN: Well, that's good. You know, I've got to go to Jack on that one.

HEMMER: I don't know.

O'BRIEN: Well, maybe he'll give them all the money.

CAFFERTY: How about the comeback the kid who won the tournament made from hitting his second shot in the lake on 18?

HEMMER: I did not see that. CAFFERTY: He has a two stroke lead, Adam Scott, going to the last hole. He's 23 years old, from Australia. Huge pressure. He hits the two iron down the center of the fairway and then promptly hooks his second shot into the water. Now he has to take a drop. He's lying three. He's got a chip and a putt to win the tournament. He makes a 10 foot putt to win, and thus avoid going to a play-off.

HEMMER: How about that?

CAFFERTY: But a gutsy performance on the part of a very young kid who...

O'BRIEN: Right. See, that's the one to highlight today.

CAFFERTY: Yes. You've got him.

O'BRIEN: Talk about the (UNINTELLIGIBLE) whatever.

CAFFERTY: And then you've got the one that throws his ball in the water. The guy -- you know what the guy who threw his ball in the water did last night? He went to see "Jersey Girl" right after he had Tim...

O'BRIEN: Stop. Stop already.

HEMMER: It feels like a Monday.

O'BRIEN: Seriously. I need some help here.

Still to come this morning, a certain cancer can apparently be avoided. The defense could be as simple as a vitamin rich diet. We've got details on this serious story just ahead, as AMERICAN MORNING continues.

(COMMERCIAL BREAK)

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Aired March 29, 2004 - 08:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Good morning.
The voices growing louder for Condoleezza Rice to testify in public about 9/11. Is the White House willing to budge on this issue?

Ralph Nader says he wants to meet with John Kerry and talk about the election. Will he tell the senator what he wants to hear?

And in the Jayson Williams manslaughter trial, so much riding on the shotgun -- critical testimony starting yet again today.

Ahead this hour on AMERICAN MORNING.

ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.

SOLEDAD O'BRIEN, CNN ANCHOR: Good morning and welcome back, everybody.

Other stories that we're following this morning, U.S. forces trying to strike the right balance with Shiite Muslims in Iraq. It is not easy. Shiites furious again, this time because the troops shut down a popular newspaper. We're going to talk this morning with a reporter in Baghdad about that dilemma and whether it's bad enough to threaten the hand over plans.

HEMMER: Also this hour, Soledad, if terrorists unleash biological weapons against the U.S., will the nation be ready? The Pentagon has an answer to that question. Barbara Starr tells us what it is in a moment live from D.C. on that.

O'BRIEN: And Mr. Cafferty is here -- hello.

JACK CAFFERTY, CNN CORRESPONDENT: Good morning.

Soledad went to the movie "Jersey Girl" over the weekend, which shows you what being pregnant with twins will do to you.

Coming up in the Cafferty File, the dumbest criminal in America, residing in the great state of Oklahoma. We'll give you the details. And we'll tell you where in the world they're still teaching young girls how to grow up to be good wives and mothers. There is a place. It ain't here, but there is a place.

O'BRIEN: That's funny. I'm looking forward to that. The top stories now.

In New York, the judge in the Tyco trial could be forced to declare a mistrial today. Former Tyco CEO Dennis Kozlowski and the company's ex-finance chief are accused of taking $600 million in unauthorized compensation from the firm. The jurors return to court today. They're expected to tell the judge if they can continue their deliberations in good faith.

The new Hamas leader, Abdel Aziz Rantisi, is speaking out against President Bush. Rantisi called the president an "enemy of god and Islam." His comments come after a U.S. veto of a U.N. Security Council resolution condemning Israel's killing of Hamas' spiritual leader, Sheikh Ahmed Yassin.

Actor and humanitarian Sir Peter Ustinov has died. The Oscar winning actor was best known for his roles in "Spartacus" and "Top Copy." Later in his career, Ustinov was chosen as a U.N. goodwill ambassador, working with organizations like UNICEF. Ustinov died of heart failure over the weekend in Switzerland. He was 82 years old.

Grand jurors are to convene in the Michael Jackson matter today at an unpublicized location in Santa Barbara County, California. Prosecutors are seeking a grand jury indictment of Jackson, which means they would not have to present evidence at a preliminary hearing to determine if the case should go to trial.

And in golf, a close finish at the Kraft Nabisco championship. Fourteen-year-old Michelle Wie made a strong showing, but finished in fourth place. Seventeen-year-old Aree Song made a 30-foot putt for an eagle, to increase the pressure on the leader. But Grace Park made a clutch six foot birdie putt on 18 for the win and then she took the traditional winner's plunge. There she goes, wooh-hooh, into the pond on the 18th green.

It looks like it's pretty warm there, so.

HEMMER: I would say, after a healthy round, time for a shower.

Michelle Wie is going to be terrific, by the way.

O'BRIEN: Yes, no question.

HEMMER: Age 14, my gosh.

(WEATHER REPORT)

HEMMER: National Security Advisor Condoleezza Rice says she has nothing to hide from the 9/11 Commission and says her decision not to publicly testify is a matter of principle. Former counter-terrorism adviser Richard Clarke says he supports declassifying testimony he has given in the past and he called on the White House to declassify material, including a strategy paper he sent to Rice back in 2001.

(BEGIN VIDEO CLIP FROM "MEET THE PRESS") RICHARD CLARKE, FORMER COUNTER-TERRORISM ADVISER: Let's declassify that memo I sent on January 25th and let's declassify the national security directive that Dr. Rice's committee approved nine months later, on September 4th. And let's see if there's any difference between those two, because there isn't.

(END VIDEO CLIP)

HEMMER: Suzanne Malveaux live from the front lawn of the White House -- Suzanne, good morning to you.

Is the White House ready to declassify this material, any of it or none of it?

SUZANNE MALVEAUX, CNN CORRESPONDENT: Oh, Bill, Secretary of State Powell actually urged that much of that be declassified, as well as Congressional Republicans. They believe that it will show some inconsistencies with Clarke's statements.

But a senior administration official did say they did not think that that was likely, that it would compromise sources and methods of how this country fights terrorism. It is still very much up to debate, as well.

But the White House, make no mistake, Bill, really realizes it has a perception problem here, the perception that the White House has something to hide. We have heard from the commissioners, we've heard from the families of the 9/11 victims and this weekend even from Republicans themselves, all calling for Dr. Rice to go before the 9/11 Commission and testify publicly under oath about what she knows prior to September 11.

The White House realizes that this could become politically damaging. She has made a number of appearances on television networks, yesterday on "60 Minutes," to explain the White House position.

(BEGIN VIDEO CLIP FROM "60 MINUTES"/CBS)

CONDOLEEZZA RICE, NATIONAL SECURITY ADVISER: Nothing would be better, from my point of view, than to be able to testify. I would really like to do that. But there is an important principle involved here. It is a longstanding principle that sitting national security advisers do not testify before the Congress.

(END VIDEO CLIP)

MALVEAUX: Well, Bill, the White House is searching for some sort of compromise here. Dr. Rice says that she does want to meet with some of the family members of the 9/11 victims to talk to them, as well. She will go privately before the Commission to answer questions, as she did in February -- Bill.

HEMMER: Suzanne, thanks.

And thanks for fighting that construction there, too, at the White House.

Suzanne Malveaux -- Soledad.

O'BRIEN: Let's turn now to Iraq, where a coalition spokesman says a series of violent incidents only strengthens the resolve to stand together against insurgents who are trying to hinder Iraqi progress.

Jim Clancy has this report from Baghdad.

(BEGIN VIDEOTAPE)

JIM CLANCY, CNN CORRESPONDENT (voice-over): Thousands of supporters of a young firebrand Shia Muslim cleric took to the streets of Najaf in southern Iraq, chanting anti-coalition slogans, after their movement's newspaper was shut down by U.S. officials. Muqtada Sadr's publication, "Al Hawza," or "The School," was allegedly teaching Iraqis to fight against the coalition.

"This isn't freedom of the press!" chanted demonstrators in Baghdad as they tried to break into the sealed offices of the newspaper. Thousands gathered in the capital late into the night in protest of the two month closure.

A spokesman for the young cleric said the coalition accused their newspaper of speaking against it. "This proves the coalition forces that say they give freedom of the press are lying."

It was another bloody day in Mosul, in northern Iraq, a city that has been increasingly troubled. Two security guards hired to protect experts at an electrical power plant were killed when their convoy was attacked by gunmen in another car. One was a British national; the other Canadian. Another car in their convoy managed to escape.

Insurgents also attacked a military police convoy in Mosul, according to coalition sources. All four occupants of the attacking vehicle were killed, but two U.S. soldiers were wounded.

Gunmen failed in an assassination bid on public works minister Nasreen Barwari, also in Mosul. According to coalition sources, the minister's driver and one of her bodyguards were killed. Two other bodyguards were wounded.

Meantime in Baghdad, a roadside bomb that was buried in a middle class neighborhood exploded, wounding four Iraqis, two of them seriously.

(on camera): The daily litany of casualties is only the tip of the iceberg, according to Iraqis. As police focus on the insurgency, criminals prey on civilians in kidnappings, robberies and other crimes. A member of the Governing Council warned CNN Sunday the situation is only going to get worse before it gets any better.

Jim Clancy, CNN, Baghdad.

(END VIDEOTAPE) O'BRIEN: With security such a problem, there are still lots of questions that need to be answered ahead of the transfer of power that is now just three months away.

And joining us this morning from Baghdad with insight on the situation there is John Lee Anderson.

He is an expert on the Iraq's Shia community.

He has also written a profile for "New Yorker" magazine of one of Iraq's most powerful political families.

Nice to see you, John.

Thanks for being with us.

Let's get right to it.

You've heard reports about the U.S. coalition closing that newspaper.

What do you think the long-term impact is not only of that action, but also the protests that followed?

JOHN LEE ANDERSON, "THE NEW YORKER": Well, Muqtada Sadr, the young cleric, is, in essence, is the angry young man of the Shia street. And he has to be seen to be opposing the coalition. He has been outside of the political framework since the end of the war. When he returned, he inherited the mantle of his late father, who did have a great deal of influence and respect among Shiites. But he was not invited to sit in on the Governing Council.

So he is -- he must play to the street. And I think that the kind of firebrand demagoguery that he has been propagating in his newspapers and other forums, including from the mosque, the bully pulpit, have probably pushed the coalition and the Governing Council just a little too far. They had to be seen to be doing something.

He will continue to fire from the sidelines until the other Shia, the moderates, find a way to reign him in, if that's possible. The jury is out.

O'BRIEN: At the same time, there is this critical problem of both protecting free speech but at the same time making sure that the coalition forces are safe, certainly from being riled up by this newspaper and things like that that were being written, right?

ANDERSON: Sure. Exactly. And that's, you see the response in Najaf today.

You have a very difficult situation, which is that you have foreign troops, in essence, policing the streets of another country. And that really is the issue. And I think that will continue to be the problem until we no longer have British and American forces carrying out the duties of what should be the forces of Iraqi law and order. O'BRIEN: The hand over just...

ANDERSON: And we will continue to see conflagrations like that.

O'BRIEN: Let me ask you a question about the hand over, just three months away now. There are some indications that Ayatollah al- Sistani might lead the efforts, or at least be behind the efforts, to block any kind of U.S. blueprint.

One, do you think he would do it? And do you think he actually has the power to do it?

ANDERSON: Well, Ayatollah Sistani has a great deal of moral and spiritual authority over the country's majority population, 60 odd percent of them, the Shiites. He has been a force for moderation, although he is seen in the U.S. context to be a kind of fly in the ointment by this threat of a fatwa and so on.

He, in fact, is one of the, you know, he needs to come out to be seen to be opposing, standing up for Iraqi sovereignty, precisely because of people like Muqtada Sadr.

What you're really seeing is a play between the radicals and the moderatos for the hearts and minds of the Shiites.

I think he will exercise his threat or power of a fatwa as long as there is a provisional or transitional government in Iraq. Once there is a democratically elected government in Iraq and a democratically elected body comes up with a permanent constitution, Sistani will return to his, as they used to call him, quietist politics, quietist phase. But until then, he will continue to exercise his clout.

O'BRIEN: John Lee Anderson.

His latest article from Baghdad can be found in the "New Yorker."

Thanks for being with us.

Appreciate it -- Bill.

HEMMER: Politics in this country, Ralph Nader plans to meet with Senator John Kerry next month, talking about their common goal, they say, of defeating President Bush. Many Democrats view Nader as a potential spoiler this November, who could affect the outcome of a close election.

(BEGIN VIDEO CLIP)

RALPH NADER (III), PRESIDENTIAL CANDIDATE: I'm going to take more votes away from Bush than from Kerry. The members of the party out of power always come back into the fold, and that's the Democrats this year. But there are a lot of conservatives, liberal Republicans, independents who are furious with George W. Bush.

(END VIDEO CLIP) HEMMER: Ralph Nader from over the weekend.

Senator Kerry's campaign not yet commenting on that meeting.

We'll keep you posted when it goes down.

O'BRIEN: Still to come this morning, a defense weapons expert back on the stand today in the Jayson Williams trial. We've got the very latest in this case, coming up.

HEMMER: Also, a Florida man gets much more than he bargained for. He asked his son to get behind the wheel. But he won't do that again.

O'BRIEN: And we're going to hear from a man who's looking to pay some big bucks. I mean we mean very big bucks -- millions of dollars -- to get into space.

That's ahead on AMERICAN MORNING.

Stay with us.

(COMMERCIAL BREAK)

HEMMER: A defense weapons expert back on the witness stand today when testimony resumes in the Jayson Williams trial. The defense claims the gun that killed the former NBA star's chauffeur was defective, causing it to fire accidentally that night. Williams' faces eight charges, including aggravated manslaughter and witness tampering.

Alina Cho is in New Jersey for us.

(BEGIN VIDEOTAPE)

ALINA CHO, CNN CORRESPONDENT (voice-over): The big question as the trial moves forward is will Jayson Williams take the stand? A source close to the former basketball star says his lawyers haven't decided yet.

Monday, a gun expert for the defense goes back on the stand for tough questioning from prosecutors. Last week, he told the jury wear and tear and wood chips and other debris lodged in the gun may have caused the .12 gauge shotgun to misfire.

RICHARD ERNST, BALLISTICS EXPERT: It's my opinion that this shotgun was basically an accident waiting to happen.

CHO: Another witness for the defense last week, a famed forensic expert, tried to cast doubt on the prosecution's star witness, ex- teammate Benoit Benjamin. Benjamin said he saw Williams put his finger in the trigger loop of the gun right before limo driver Guy Christofi was shot and killed.

But Michael Baden testified had Benjamin been standing next to Williams, there would have been blood on his clothes. MICHAEL BADEN, FORENSIC PATHOLOGIST: So the fact that blood spattered, got there and there from Mr. Christofi, means he couldn't have been in that spot.

CHO: Prosecutors say Williams recklessly shot Christofi at his New Jersey mansion two years ago and then tried to make it look like a suicide. The defense calls it a terrible accident. The manslaughter trial is entering its eighth week.

(on camera): Williams is facing eight charges in all. The most serious charge, manslaughter, carries a sentence of up to 30 years in prison.

Alina Cho, CNN, New York.

(END VIDEOTAPE)

HEMMER: Attorney Brian Neary defended Williams on a gun charge 10 years ago, back with us here to talk about the defense case.

Good morning to you.

BRIAN NEARY, CRIMINAL DEFENSE ATTORNEY: Good morning, Bill.

HEMMER: A classic defense so far -- point the finger of blame at the police and the investigators and say you're doing it all wrong.

Is it working?

NEARY: Always one source of reasonable doubt is the adequacy of the police investigation. Here, the defense is challenging critical science, both dealing with the scene itself, the body and the gun, was not done in such a way as to assure people that, in fact, he's guilty of the crime.

HEMMER: How effective have they been in raising the possibility that this shotgun malfunctioned and went off accidentally?

NEARY: A lot will be told today, as the witness testified, Mr. Ernst testified, a gun expert, the other day, about his examination of the gun. Today we'll hear testimony concerning the condition of the gun at the time his experiment with regard to whether or not there was a wood chip and a videotape or a video that will show the mechanism of the gun, a brand new gun and a gun more like the 10-year-old gun that Mr. Williams had.

HEMMER: What about this testimony from Dr. Michael Baden saying investigators left the body of Guy Christofi inside the home of Jason West for at least 12 hours? He's suggesting that perhaps the evidence was changed because of it. What's the logic as to why he would testify that way?

NEARY: In some cases where the cause of death may be very important, that piece of police investigation could raise a real question. I think what Dr. Baden was trying to do was show that there were mistakes done along the way, because there are three things that he needs to testify -- which he did testify to. One was the gunshot blast, that Mr. Williams was further away from Mr. Christofi. The second thing had to do with a blood, that there were no smudge blood on Mr. Christofi's hand. He also had to do with the Benoit Benjamin testimony, which is very important, that if Benjamin was standing where he said he was, that he would have been, in essence, sprayed with blood and there was no blood found on Benoit Benjamin's clothes.

HEMMER: What's the suggestion, then, depending on the distance where Jayson Williams would be or Benoit Benjamin would be, in relation to Guy Christofi?

NEARY: Two different things. Dr. Lee testified six to 18 inches away. Dr. Baden, 24 to 36 inches away. Defense theory -- the further away that Williams is, the less likely that he aimed at Christofi.

With regard to Benoit Benjamin, what it would be, if Benjamin testified, I looked, I saw the trigger, I looked down the barrel and you could see the shell, if he was standing where he said -- where Benoit said he was standing, in fact, he would have, in essence, been sprayed with blood. Baden says I didn't find any blood, therefore he couldn't be standing there.

HEMMER: Eight weeks in this trial. You're from New Jersey. Why is this thing going on so long? It seems like they take a break for just about any excuse.

NEARY: No, they do. They do other things during the day. But this is the kind of case, this is important, and they're taking their time, question by question, witness by witness.

HEMMER: You can underline that again.

Brian, thanks.

We'll talk again many times this week.

NEARY: Thanks, Bill.

HEMMER: Brian Neary, good to see you -- Soledad.

O'BRIEN: Still to come this morning, Condoleezza Rice in the hot seat because she won't get in the witness chair. The White House is under pressure from a new direction.

And some new -- something new for the family of a little girl who was kidnapped then found by her mother six years later. We'll tell you that story, just ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: Believe it or not, there's going to be a book and a movie about the baby girl who disappeared in a fire and then was discovered six years later by her own mother. The family has sold the rights to their story. Law authorities say Delimar Vera was kidnapped when she was just 10 days old. The accused kidnapper is suspected of setting fire to the girl's Philadelphia home and then raising her as her own child.

Well, the girl's mother recognized her at a birthday party six years later. The family's lawyer says the book and the movie deal is worth considerably in excess of 150,000 bucks.

Yes, no kidding? I hope they got a better lawyer than that who's...

HEMMER: Remember, you interviewed them on here?

O'BRIEN: ... for a book and a movie?

HEMMER: You interviewed them a couple of weeks ago, right?

O'BRIEN: Yes.

HEMMER: When she said that she went up and took a strand of hair from her at a birthday party.

O'BRIEN: Pretty clever.

HEMMER: A clever woman, no question.

O'BRIEN: A hundred and fifty...

CAFFERTY: Maybe they can get Ben Affleck to star in it and call it "Philadelphia Girl."

HEMMER: Hey, let's settle this issue.

How was the movie "Jersey Girl?" you went and saw it over the weekend. Was it good or not?

O'BRIEN: I have to say I don't get out much.

HEMMER: Come on. One to 10, you give it a what?

O'BRIEN: I didn't love it. I thought there were some performances...

HEMMER: A five?

O'BRIEN: ... by some people in the movie.

HEMMER: Higher or lower than a five, Soledad?

CAFFERTY: I hear you. I've got an e-mail from a guy...

O'BRIEN: You know what? I'm going to beat you up after the show.

CAFFERTY: I got an e-mail from a guy in Florida who called me a dirty word.

O'BRIEN: Really? Picking on you?

CAFFERTY: For suggesting that this might not be the greatest cinematography ever put on the screen.

O'BRIEN: You know, here's what I will say. I think Kevin Smith is a fantastic director. So actually I've seen every movie he's ever made.

CAFFERTY: Well...

HEMMER: OK, well, now you're sucking up.

O'BRIEN: So I probably would have seen "Jersey" -- no, Kevin Smith is great. I didn't love the movie, but Kevin Smith generally I love.

HEMMER: Fair comment. You go it.

The Question of the Day, Jack.

CAFFERTY: Yes, well, it pales in comparison to "Jersey Girl," but Serena Williams says the threat of terrorism may be enough to keep her from competing in this summer's Olympic Games in Athens. She says if she doesn't feel comfortable, she's just not going to go, period. Security will come in the form of 50,000 cops, soldiers, other personnel; tens of millions of dollars spent on security. The United States is still questioning if it's going to be enough or not.

So we asked this morning, "How will the threat of terrorism affect the Summer Olympic Games?" There it is there.

Arnold in Biloxi, Mississippi: "From the time they awake until the time they go to sleep, our men and women in the military in Afghanistan and Iraq put their lives on the line against terrorism. American Olympians owe it to these people, as well as to their country, to go to Athens and show the terrorists that we will not let them run any part of our lives."

Reg in Thunder Bay weighs in with this: "Gee, does this mean that instead of a multi-millionaire professional tennis player, a hard working amateur player may get a chance to play in the amateur Olympics?" Touche.

Laura writes from Mississippi: "Nobody should know better than terrorism is no farther away than your own neighborhood than Serena Williams, who lost her sister to a vicious crime here in her own country. What a victory terrorists can claim if our Olympians choose not to go to Athens and proudly represent their country."

Guillaume, who is the AMERICAN MORNING French correspondent -- and we don't hold his nationality against him, because he writes pretty good stuff: "I assume it'll be hard psychologically for all the athletes. The Olympics will be the ideal opportunity for al Qaeda and if the United States and Europe are already vulnerable to terrorism, what to think of the chaotic nation of Greece."

Jim finally says this in Cambridge, New York: "I don't see what Serena Williams is worried about. The Olympics and the 9/11 Commission are the only places Condoleezza Rice hasn't turned up yet. Rice will likely be doing twice daily live terrorism updates from the various Olympic venues. What could possibly make the athletes feel any more secure?"

HEMMER: A little olive, a little feta cheese. That'll work, huh?

Jack's a golfer.

CAFFERTY: Well, I'm...

O'BRIEN: Yes, he is.

HEMMER: A good golfer, too. The players championship over the weekend, just for you, Cafferty. The players championship in Florida yesterday, the final round yesterday, Ian Poulter, reaching down to grab his ball. It slips out of his hand and goes into the water as he tried to pick it up. Facing a two stroke penalty for losing the ball. Poulter called his personal trainer out of the crowd to retrieve it.

O'BRIEN: Oh.

HEMMER: Threw it back onto the green and later made the putt for par. Those two strokes earned Poulter an extra 20 grand in prize money and he says his trainer will be rewarded quite nicely.

I'm surprised he found that thing in the water. Imagine how many golf balls are down in there.

O'BRIEN: You know, it would have been -- I thought that from that shot that that was Poulter in the water...

CAFFERTY: No, no, no, no, no

O'BRIEN: ... and I thought hey, good for him.

CAFFERTY: No. He was a moron twice, one for throwing his ball in the creek and then the second time for asking somebody else to go get it for him.

HEMMER: That's what we call an M&M on a Monday morning.

CAFFERTY: Hamper (UNINTELLIGIBLE) the weenies that they are, some of them.

O'BRIEN: Well, that's good. You know, I've got to go to Jack on that one.

HEMMER: I don't know.

O'BRIEN: Well, maybe he'll give them all the money.

CAFFERTY: How about the comeback the kid who won the tournament made from hitting his second shot in the lake on 18?

HEMMER: I did not see that. CAFFERTY: He has a two stroke lead, Adam Scott, going to the last hole. He's 23 years old, from Australia. Huge pressure. He hits the two iron down the center of the fairway and then promptly hooks his second shot into the water. Now he has to take a drop. He's lying three. He's got a chip and a putt to win the tournament. He makes a 10 foot putt to win, and thus avoid going to a play-off.

HEMMER: How about that?

CAFFERTY: But a gutsy performance on the part of a very young kid who...

O'BRIEN: Right. See, that's the one to highlight today.

CAFFERTY: Yes. You've got him.

O'BRIEN: Talk about the (UNINTELLIGIBLE) whatever.

CAFFERTY: And then you've got the one that throws his ball in the water. The guy -- you know what the guy who threw his ball in the water did last night? He went to see "Jersey Girl" right after he had Tim...

O'BRIEN: Stop. Stop already.

HEMMER: It feels like a Monday.

O'BRIEN: Seriously. I need some help here.

Still to come this morning, a certain cancer can apparently be avoided. The defense could be as simple as a vitamin rich diet. We've got details on this serious story just ahead, as AMERICAN MORNING continues.

(COMMERCIAL BREAK)

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