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CNN Live Today
Coalition Troops Meet Resistance; Military Families Await News; Preview of Condoleezza Rice's Testimony
Aired April 07, 2004 - 11:00 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.
DARYN KAGAN, ANCHOR: Good morning, I'm Daryn Kagan.
Up first on CNN this hour, battling Iraqi insurgents on multiple fronts. U.S. forces are fighting to restore order in Fallujah and to combat followers of a radical Muslim cleric.
Our Jim Clancy joins us from Baghdad. He leads our coverage with the latest on the volatile situation in Iraq -- Jim.
JIM CLANCY, CNN CORRESPONDENT: It is just a couple minutes past 7 in the evening here in Baghdad. Good evening to you, Daryn.
As we look across the battlefield today, in so many developments coming in so many areas.
Let's get started there with one of the top controversies at this minute. And that is in Fallujah, where there's been a fierce firefight going on as U.S. Marines advanced into the town behind M1-A1 Abrams tank. They were taking fire from a mosque. They surrounded that mosque. And it was pretty much in the heart of the city.
And there's been some confusion. There were reports of numerous casualties there, because they bombed the mosque. We are getting, from a U.S. Marine source, right now, they did not bomb the mosque. What they did bomb was the wall around it that was sheltering gunmen.
And they breached that wall with some kind of ordnance fired from the air in an effort to allow the Marines to get in there and to finish the fight. According to this Marine source, if there were any casualties, they were engaged by the Marines and their rifles.
And so we have a difference, perhaps, of interpretation there. But there's no difference of opinion about just how heavy that fighting was in Fallujah this day.
Meantime, in Ramadi there are some reports that there is an extension of the fighting there that's still going on. Some foreign fighters were reported captured overnight. Twelve U.S. Marines were killed, another 20 wounded when there was a frontal assault on the governor's residence, or the governor's offices, I should say, along with some U.S. Marine positions.
A very serious challenge, trying to take control of that town. It has been repulsed. U.S. Marines say they are firmly in control of Ramadi. Next, you look at a separate situation developing in southern Iraq. An-Najaf in southern Iraq said to be now literally under the control of the Moqtada al Sadr's militia, the al-Mehdi army, as he likes to call it.
There have been conflicts, as well, in Nasiriyah, where the Italians are. They're still in control there. It's all quiet in Basra.
But in Kuk and in Karbala, fighting reported today. Especially there in Karbala, Poles fighting pitched battles in the streets with some of the supporters of al-Sadr, that young Shia Muslim cleric who is demanding that U.S. forces, coalition forces, pull out of all major Iraqi cities.
There's a major holiday coming up here over the weekend. We have expected to see millions of people converge on Karbala. Right now, we are being told that most of the pilgrims are deciding now is not the time to make a good pilgrimage. Many of them are expected to stay away -- Daryn.
KAGAN: Jim Clancy, bringing us up to date from Baghdad.
I want to now take a more in depth look at the fighting in Fallujah. "L.A. Times" reporter Tony Perry is embedded with the 1st Marine Division. He described the scene in Fallujah during an interview with CNN's "AMERICAN MORNING."
(BEGIN VIDEO CLIP)
TONY PERRY, "LOS ANGELES TIMES": The Marines are actively engaged in firefights in at least two locations with insurgents. And the major location is the fight that began about 24 hours ago, and has been off and on, went on through the night, picked up in the morning.
And the Marines are pushing the insurgents out of the neighborhood. They're going door to door, finding insurgent locations. They've engaged them in firefights.
One of the main locations where the insurgents have been firing from is a mosque. The mosque has now been surrounded. The Marines are using tanks. They have infantry. And they also have air power overhead, as they did all night.
This all began 24 hours ago, when the insurgents attacked a Marine patrol that has only ventured maybe two dozen yards beyond the checkpoint into the city. They were attacked. Three Marines were wounded. And the Marines counterattacked very ferociously with tanks and infantry and Cobra helicopters.
And then the battle was on. And the insurgents used rudimentary strategy. There were platoon-sized groups. They brought in buses. They blocked off streets. They hit the Marines with counter fire. They had some anti-aircraft facilities that were shooting at the helicopters. And the Marines responded and took, I think, three additional casualties but have killed dozens of the insurgents, pushing them out of this neighborhood.
The plan, I think, was to go much slower, to arrive, to assess. The Marines only took over this Sunni Triangle area what, maybe ten days ago. They were going to get slow. They were going to get to know people. They were going to send patrols out. But they were going to sort of slowly move.
Then, of course, the vicious events of a week ago, where the four Americans were murdered in the SUV. That changed things wholly. And that required a vigorous response, and now that response is under way.
So no, the Marines are moving much more quickly than they had planned. And that shows, to a certain degree, the Iraqi civil defense people are helping, but not in the numbers they had hoped. They are just not ready for it yet.
(END VIDEO CLIP)
KAGAN: That fighting in Fallujah and the deaths of 12 U.S. Marines I Ramadi means anxious moments for military families.
Our Thelma Gutierrez has more. She is at the Marine camp at Camp Pendleton, near San Diego, California.
Hello.
THELMA GUTIERREZ, CNN CORRESPONDENT: Good morning, Daryn.
You're right, it has been a very tough morning for some of the families out here at Camp Pendleton. As you can imagine, the mood is somber. That is because, of course, because of the news that's coming out of Iraq.
Now, just a few moments ago, there was a flag raising ceremony right here on base. The Marines locked out -- they raised the flag. It is flying high. It is not flying at half-staff. That is because the Marines here on base have not been informed -- it has not been made official -- as to whether any of those 12 casualties are from Camp Pendleton.
Though families out here are fear the worst. After all, 25,000 Marines who are in Iraq -- of that number, 19 are actually based here at Camp Pendleton.
Now one wife told me that it is the wait -- it is not knowing, not having the news -- that has made her life incredibly difficult at the moment.
(BEGIN VIDEOTAPE)
GUTIERREZ (voice-over): On this night, in this military housing complex in the hills of San Diego, one wife nervously watches her door for the visit every military family dreads. FRAN MARTINEZ, MILITARY WIFE: Yes, you tend to look at the door, like, hoping that nobody's going to ring that doorbell, just hoping.
GUTIERREZ: It is a difficult time for Fran Martinez. Her husband, Naval Corpsman Mark Martinez, is on the ground in Iraq with part of the Marine force that covered heavy casualties in Tuesday's combat.
F. MARTINEZ: When they say there's been casualties, that makes me sick to my stomach, because that could be Mark. And I feel guilty even thinking that, because it's somebody else's husband; it's somebody else's son.
MARK MARTINEZ, U.S. NAVAL CORPSMAN: I miss you a lot, you know? You're my true love.
GUTIERREZ: All of this is hard on Zachary.
(on camera) Do you miss your daddy? Yes?
(voice-over) He hasn't seen his father since February. Until he returns home, this videotape is all Zachary has.
F. MARTINEZ: That's daddy. Give daddy a kiss.
He knows where daddy is. He knows when I watch the news, I point to it and I say, "There's daddy. He's over there in Iraq."
GUTIERREZ: It is the second time Martinez has been deployed to Iraq, leaving Fran to tend to Zachary and 18-month-old Jocelyn (ph) all by herself.
The new wave of violence in Iraq is especially unnerving.
F. MARTINEZ: I thought it was going to be easier, because I thought there was going to be less danger. But now that everything is going down, it's like -- it's the same thing, all over again.
M. MARTINEZ: I'll be home about 5:30, I think.
GUTIERREZ: Fran saves every message her husband leaves her. She last heard from him on Monday, before the bloody battle.
F. MARTINEZ: I freak out when the phone rings, because I always think it's him. Yes, it's -- especially now, it would be very great to get a phone call.
(END VIDEOTAPE)
GUTIERREZ: Like many other families in her position, Fran Martinez says that in many ways, having no news in many ways is good news. She says at the same time, she feels that she won't be able to rest easy until she actually hears from her husband.
We talked to her just a few moments ago, and she said still no word. Daryn, back to you.
KAGAN: That wait just must be absolutely unbearable. Thelma Gutierrez, at Camp Pendleton, thank you for that story.
Late developments on Iraq, any time you're away from your television, log on to CNN.com/Iraq. You can also sign up for breaking news e-mail alerts on the situation, as well.
National Security Advisor Condoleezza Rice makes a much anticipated appearance before the 9/11 commission tomorrow to testify publicly and under oath.
Our Elaine Quijano is at the White House with a preview of that testimony this morning.
Elaine, good morning, once again.
ELAIN QUIJANO, CNN CORRESPONDENT: Good morning to you, Daryn.
Well, so far this morning, no specifics coming out of the White House on Dr. Condoleezza Rice's testimony tomorrow.
But earlier this week, President Bush said that he is looking forward to hearing his national security advisor testify in public before the September 11 commission. The president saying that she knows exactly what took place and will lay out the facts.
Now, Dr. Rice is expected to give an opening statement tomorrow before taking questions from the panel. And she's expected to make the case that the White House did all it could to prevent the terrorist attacks in September of 2001.
Rice has already met with the commission in private, but this will be the first time she'll answer the panel's questions in public, something the Bush administration initially resisted, citing executive privilege.
After pressure from Democratic and Republican commission members and families of September 11 victims, the administration reversed its decision last week, the president saying he received assurances Rice's appearance would not jeopardize executive privilege.
Now the White House wants to rebut some of the harsh criticisms, including those put forth by former counterterrorism chief Richard Clarke, criticisms that the administration, and Rice in particular, did not give priority to fighting terrorism in the months before 9/11.
Despite those claims, commissioners say Rice's appearance is simply an attempt to get a more complete picture of what happened.
(BEGIN VIDEO CLIP)
RICHARD BEN-VENISTE, 9/11 COMMISSION: This is not a personal attack on anybody. This is an effort to get the facts, get it before the American public, so that people can make up their own minds. There are contradictions. And those contradictions provide the stuff that an investigation is made of, and, therefore, it's our obligation to air those and then to make some judgments about what the facts are.
(END VIDEO CLIP)
QUIJANO: So the White House very anxious and eager for Dr. Condoleezza Rice to testify tomorrow in public. Not giving out specifics on what her testimony might contain. The testimony, by the way, expected to last about 2 1/2 hours. Daryn.
KAGAN: Elaine Quijano, at the White House. And CNN does plan live coverage of Condoleezza Rice's testimony. It will begin at 9 a.m. Eastern right here on CNN. We'll have analysis and insight to follow that.
Battling out in court. Rush Limbaugh's fight over his medical records. We'll examine the legal strategy there.
Also, hitting the century mark. A major celebration at the crossroads of the world, the entertainment world. We'll go live to Times Square.
And move over, Bob. There is a new bachelor is in town. And this season's show comes with a twist and an NFL quarterback. We'll explain. Just ahead.
(COMMERCIAL BREAK)
(STOCK REPORT)
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KAGAN: Radio host Rush Limbaugh's legal team is arguing before a Florida appeals court this morning. They hope to keep his medical records away from prosecutors.
Limbaugh is accused of illegally purchasing prescription painkillers. Prosecutors allege that he bought 2,000 pills prescribed by four doctors in a six-month period.
The American Civil Liberties Union is joining the well-known conservative in his legal battle. The ACLU says that the doctor/patient relationship and privacy rights are out the window if prosecutors win today.
It's important to note that Rush Limbaugh is not charged with a crime. However, today's court proceeding could affect that status.
Former federal prosecutor Kendall Coffey, he's in Miami this morning, south Florida, as well, frequent contributor on legal issues.
Kendall, good morning.
KENDALL COFFEY, FORMER FEDERAL PROSECUTOR: Good morning. KAGAN: You can understand why prosecutors want to get their hands on these medical reports. It's a question, though, of how do you get them? Do you go for a search warrant or do you go for a subpoena?
COFFEY: And that's a big distinction. It sounds kind of dry and technical, search warrant versus subpoena. But that's really what this hearing is going to be about today.
On the other hand, in the big picture what they're going to try to do is balance the right of the public to have medical privacy with respect to confidential records, and the needs of law enforcement to investigate allegations of prescription drug abuse, which, as we know, Daryn, is an increasingly serious problem in Florida and around the nation.
Sixty percent of the drug overdose deaths in Florida in the last year were from prescription drug abuse, rather than a traditional evil such as cocaine and marijuana, and heroin.
KAGAN: Kendall, I want to talk about the big picture in just a second. Right now, focusing on what this means to Rush Limbaugh, what it means to the prosecution.
If this three-judge panel says no, you cannot have your hands on these medical records, you cannot use them in this way, what does it do to the potential case against Rush Limbaugh?
COFFEY: Well, I think it's end of the case, for all intents and purpose, Daryn. And I say that because the prosecution could still try to look at the original allegations, which as you may recall, were made by his former housekeeper and her husband, the Clines.
But those allegations were covered with more baggage than you get at a busy airport. The Clines, as you recall, sold their story to "The National Enquirer."
So I don't think the prosecution wants to rely on that. They're either going to get these records and go forward with that investigation or, I think, for all intents and purposes, this investigation is at a dead end.
KAGAN: And then looking at the big picture, if the government can come in and just go to your doctor's office and take medical records, in terms of privacy that might a huge concern to a lot of people out there.
COFFEY: Well, that's why the ACLU has gotten involved in this case. They say that the statute sets out a very clear procedure for subpoenas. That is, you've got to give the patient notice in advance. And they say the prosecution shouldn't be allowed to side step that requirement by using a different procedure under a search warrant.
The prosecutions says the statute doesn't say anything about search warrants. So that's what the court is going to decide in dry legal terms: how important is the difference between a subpoena and a search warrant when it comes to a patient's privacy rights?
KAGAN: And then someone I'm sure you've come across, another lawyer in South Florida: Roy Black is representing Rush Limbaugh. He says that this is basically a witch-hunt, that Rush Limbaugh is being singled out because of his conservative political views. And he points to a lot of other celebrities, namely Whitney Houston, as an example of other people who have had and admitted drug problems and yet, they're not prosecuted for their problems.
COFFEY: Well, I think that the issue really happens when a celebrity gets into the crosshairs of an investigation, whether it began with the allegations from the housekeeper, the "National Enquirer" story, who knows what?
But once a celebrity is in an investigative mode, there's no doubt the investigators will look under every rock. They'll look behind every blade of grass. And it is an excruciating ordeal for all concerned.
It doesn't mean in the final analysis, though, that this isn't going to be fairly and objectively decided, once the state attorney has all the evidence. He has insisted that he has made no decision and, until this case is decided today, he doesn't even have the major part of the evidence and the documents he would need to decide whether or not charges would ever be brought against Rush Limbaugh.
KAGAN: Kendall Coffey joining us from South Florida. Kendall, thank you.
COFFEY: Thank you.
KAGAN: And while we were talking to Kendall, we have news of another legal case that has gotten a lot of attention, this one out of Salt Lake City, Utah.
You might remember the mother who was put in jail and charged with murder for not agreeing to have a cesarean section. She gave birth to twins. One was still born.
Well, that woman, Melissa Ann Rowland, has now apparently come to a plea agreement with prosecutors. She agreed today to two counts of child endangerment. In exchange for that, prosecutors have dropped the murder charge against Melissa Ann Rowland.
Sentencing was set for April 29. She could receive zero to 5 years in prison on each count and up to a $5,000 fine.
So once again, the murder charge has been dropped against Melissa Ann Rowland, the woman who had refused to have a cesarean section, gave birth to twins. One was still born, the other born with alcohol and cocaine in his system. That baby has been since adopted.
Well, he is not an "American Idol," but the reality is women are lining up to meet him. We will talk to the new "Bachelor." His name is Jesse Palmer, the latest guy to step into that role.
(COMMERCIAL BREAK)
KAGAN: The fifth edition of ABC's "The Bachelor" premieres tonight with a new single guy playing the field for love. Literally, he knows how to play the field. It's New York Giants quarterback Jesse Palmer. He is a bachelor, and he is making the passes this time around, joining us from New York this morning.
Jesse, good morning.
JESSE PALMER, "THE BACHELOR": Good morning, how are you doing?
KAGAN: Sure you haven't heard any of those puns before, about making pass, playing the field, all that kind of stuff.
PALMER: There's been a couple of football analogies thrown around, yes.
KAGAN: Yes, just a few, exactly. You know, we cover a lot of big problems here at CNN, but none, I think, as huge as an NFL quarterback needing help meeting chicks.
PALMER: Yes, well you know, it is an interesting problem that I've had to deal with lately, I guess.
You know, I think what was so appealing about the show for me was I guess a lot of my past relationships, I think sometimes women have been with me more for what it is I do instead of who I am. So the fact that I had a chance to come on the show and meet these women -- when they signed on, they didn't know who I was.
I think that, coupled with the fact that it wasn't going to take away from football in the aspect, all the taping was done in the off- season. So it worked out perfect.
KAGAN: So that was kind of -- It was meant to be. I was looking over the list, the brief description of the 25 women that we'll see you meet tonight. One is an NFL cheerleader and one is a professional soccer player.
PALMER: Right.
KAGAN: I was wondering if -- Did they, at least, have a little bit of sports knowledge?
PALMER: They had great sports knowledge. It's funny. Everybody's asked if the women had to like football or not in order for me to pick them . To be honest it really didn't make a difference. The only thing they have to do is sit between -- sit at the game on Sundays and just, at least act like they enjoy it.
KAGAN: Let's talk about the twist this season, on this round. There's a spy among the women.
PALMER: Right.
KAGAN: How does that work? PALMER: Well, the producers, before we started filming, came up with an idea, saying, "Hey, you know, we thought about -- is there anybody you know that could do this, that could be a spy for you?"
And when I heard the idea, I immediately knew who I wanted to ask. I have a close personal friend, who's one of my best friends, who really knows me, knows what I'm about, knows the type of woman I want to be with and the type of woman I need to be with.
And she was down for it. And we -- you know, we kind of took the risk together, went on. And she helped me out on the show tremendously. She was unbelievable.
KAGAN: Well tell us a little bit, what kind of woman are you looking to be with?
PALMER: It's funny, everybody asks, I guess, you know, the physical type. I don't have a physical type.
I think from a more mental side, I think obviously somebody who is honest, secure, and genuine. I think at the same time, security is something that's really important to me, somebody who is secure with themselves, knows who they are, knows what they're about, where they're going in life, what they want to do.
And hopefully somebody who's also secure enough with me in terms of who have I am, and what it is I do.
KAGAN: Now, I'm the kind of girl who spends my off time reading "Sports Illustrated." So I saw an interview with you a couple weeks ago in "Sports Illustrated."
PALMER: OK.
KAGAN: There was something in there, to me, that seemed like you were saying that you didn't actually meet the girl in this whole competition, because you talked about what it was going to be like to go on future first dates.
PALMER: Yes, well, I think that kind of got spun. I was talking about dates with her. So getting coffee with her after this whole thing is over will just be a disappointment, compared to what we had all just gone through.
KAGAN: all right. Well, we wish you well. It premieres tonight?
PALMER: It does. It does. Big party at the house with all the guys coming over. Should be fun.
KAGAN: OK. And any girl in particular you want to tell us about?
PALMER: There's a very special girl I'd like to say hi to who is very sweet, very -- you know, is definitely on my mind. KAGAN: OK, well, we can see that kind of far away look in your eyes when you think about her. Good luck with that; good luck with the season when that gets going in a few months here.
PALMER: Thanks so much.
KAGAN: Jesse Palmer, "The Bachelor." You'll see him on ABC tonight.
And while we were talking to Jesse, got some news, the Fastow story gets ever more complicated.
A federal judge on Wednesday apparently has now rejected a plea bargain that federal prosecutors had struck with the wife of former Enron chief financial officer Andrew Fastow. That has now prompted her to withdraw her guilty plea.
Leigh Fastow was a former assistant treasurer at Enron. She has changed her plea to not guilty. That's after the judge rejected the deal. He had suggested for months that he perhaps would not go for the deal, the original deal that she would perhaps spend five months in prison and five months under home detention.
So much more on the Fastows just ahead.
Also, U.S. troops under fire in Iraq. Coming up, a live report on the U.S. military strategy from the Pentagon.
Also, remembering the time in Rwanda's history that most would rather forget. A live report from Africa is just ahead.
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Aired April 7, 2004 - 11:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, ANCHOR: Good morning, I'm Daryn Kagan.
Up first on CNN this hour, battling Iraqi insurgents on multiple fronts. U.S. forces are fighting to restore order in Fallujah and to combat followers of a radical Muslim cleric.
Our Jim Clancy joins us from Baghdad. He leads our coverage with the latest on the volatile situation in Iraq -- Jim.
JIM CLANCY, CNN CORRESPONDENT: It is just a couple minutes past 7 in the evening here in Baghdad. Good evening to you, Daryn.
As we look across the battlefield today, in so many developments coming in so many areas.
Let's get started there with one of the top controversies at this minute. And that is in Fallujah, where there's been a fierce firefight going on as U.S. Marines advanced into the town behind M1-A1 Abrams tank. They were taking fire from a mosque. They surrounded that mosque. And it was pretty much in the heart of the city.
And there's been some confusion. There were reports of numerous casualties there, because they bombed the mosque. We are getting, from a U.S. Marine source, right now, they did not bomb the mosque. What they did bomb was the wall around it that was sheltering gunmen.
And they breached that wall with some kind of ordnance fired from the air in an effort to allow the Marines to get in there and to finish the fight. According to this Marine source, if there were any casualties, they were engaged by the Marines and their rifles.
And so we have a difference, perhaps, of interpretation there. But there's no difference of opinion about just how heavy that fighting was in Fallujah this day.
Meantime, in Ramadi there are some reports that there is an extension of the fighting there that's still going on. Some foreign fighters were reported captured overnight. Twelve U.S. Marines were killed, another 20 wounded when there was a frontal assault on the governor's residence, or the governor's offices, I should say, along with some U.S. Marine positions.
A very serious challenge, trying to take control of that town. It has been repulsed. U.S. Marines say they are firmly in control of Ramadi. Next, you look at a separate situation developing in southern Iraq. An-Najaf in southern Iraq said to be now literally under the control of the Moqtada al Sadr's militia, the al-Mehdi army, as he likes to call it.
There have been conflicts, as well, in Nasiriyah, where the Italians are. They're still in control there. It's all quiet in Basra.
But in Kuk and in Karbala, fighting reported today. Especially there in Karbala, Poles fighting pitched battles in the streets with some of the supporters of al-Sadr, that young Shia Muslim cleric who is demanding that U.S. forces, coalition forces, pull out of all major Iraqi cities.
There's a major holiday coming up here over the weekend. We have expected to see millions of people converge on Karbala. Right now, we are being told that most of the pilgrims are deciding now is not the time to make a good pilgrimage. Many of them are expected to stay away -- Daryn.
KAGAN: Jim Clancy, bringing us up to date from Baghdad.
I want to now take a more in depth look at the fighting in Fallujah. "L.A. Times" reporter Tony Perry is embedded with the 1st Marine Division. He described the scene in Fallujah during an interview with CNN's "AMERICAN MORNING."
(BEGIN VIDEO CLIP)
TONY PERRY, "LOS ANGELES TIMES": The Marines are actively engaged in firefights in at least two locations with insurgents. And the major location is the fight that began about 24 hours ago, and has been off and on, went on through the night, picked up in the morning.
And the Marines are pushing the insurgents out of the neighborhood. They're going door to door, finding insurgent locations. They've engaged them in firefights.
One of the main locations where the insurgents have been firing from is a mosque. The mosque has now been surrounded. The Marines are using tanks. They have infantry. And they also have air power overhead, as they did all night.
This all began 24 hours ago, when the insurgents attacked a Marine patrol that has only ventured maybe two dozen yards beyond the checkpoint into the city. They were attacked. Three Marines were wounded. And the Marines counterattacked very ferociously with tanks and infantry and Cobra helicopters.
And then the battle was on. And the insurgents used rudimentary strategy. There were platoon-sized groups. They brought in buses. They blocked off streets. They hit the Marines with counter fire. They had some anti-aircraft facilities that were shooting at the helicopters. And the Marines responded and took, I think, three additional casualties but have killed dozens of the insurgents, pushing them out of this neighborhood.
The plan, I think, was to go much slower, to arrive, to assess. The Marines only took over this Sunni Triangle area what, maybe ten days ago. They were going to get slow. They were going to get to know people. They were going to send patrols out. But they were going to sort of slowly move.
Then, of course, the vicious events of a week ago, where the four Americans were murdered in the SUV. That changed things wholly. And that required a vigorous response, and now that response is under way.
So no, the Marines are moving much more quickly than they had planned. And that shows, to a certain degree, the Iraqi civil defense people are helping, but not in the numbers they had hoped. They are just not ready for it yet.
(END VIDEO CLIP)
KAGAN: That fighting in Fallujah and the deaths of 12 U.S. Marines I Ramadi means anxious moments for military families.
Our Thelma Gutierrez has more. She is at the Marine camp at Camp Pendleton, near San Diego, California.
Hello.
THELMA GUTIERREZ, CNN CORRESPONDENT: Good morning, Daryn.
You're right, it has been a very tough morning for some of the families out here at Camp Pendleton. As you can imagine, the mood is somber. That is because, of course, because of the news that's coming out of Iraq.
Now, just a few moments ago, there was a flag raising ceremony right here on base. The Marines locked out -- they raised the flag. It is flying high. It is not flying at half-staff. That is because the Marines here on base have not been informed -- it has not been made official -- as to whether any of those 12 casualties are from Camp Pendleton.
Though families out here are fear the worst. After all, 25,000 Marines who are in Iraq -- of that number, 19 are actually based here at Camp Pendleton.
Now one wife told me that it is the wait -- it is not knowing, not having the news -- that has made her life incredibly difficult at the moment.
(BEGIN VIDEOTAPE)
GUTIERREZ (voice-over): On this night, in this military housing complex in the hills of San Diego, one wife nervously watches her door for the visit every military family dreads. FRAN MARTINEZ, MILITARY WIFE: Yes, you tend to look at the door, like, hoping that nobody's going to ring that doorbell, just hoping.
GUTIERREZ: It is a difficult time for Fran Martinez. Her husband, Naval Corpsman Mark Martinez, is on the ground in Iraq with part of the Marine force that covered heavy casualties in Tuesday's combat.
F. MARTINEZ: When they say there's been casualties, that makes me sick to my stomach, because that could be Mark. And I feel guilty even thinking that, because it's somebody else's husband; it's somebody else's son.
MARK MARTINEZ, U.S. NAVAL CORPSMAN: I miss you a lot, you know? You're my true love.
GUTIERREZ: All of this is hard on Zachary.
(on camera) Do you miss your daddy? Yes?
(voice-over) He hasn't seen his father since February. Until he returns home, this videotape is all Zachary has.
F. MARTINEZ: That's daddy. Give daddy a kiss.
He knows where daddy is. He knows when I watch the news, I point to it and I say, "There's daddy. He's over there in Iraq."
GUTIERREZ: It is the second time Martinez has been deployed to Iraq, leaving Fran to tend to Zachary and 18-month-old Jocelyn (ph) all by herself.
The new wave of violence in Iraq is especially unnerving.
F. MARTINEZ: I thought it was going to be easier, because I thought there was going to be less danger. But now that everything is going down, it's like -- it's the same thing, all over again.
M. MARTINEZ: I'll be home about 5:30, I think.
GUTIERREZ: Fran saves every message her husband leaves her. She last heard from him on Monday, before the bloody battle.
F. MARTINEZ: I freak out when the phone rings, because I always think it's him. Yes, it's -- especially now, it would be very great to get a phone call.
(END VIDEOTAPE)
GUTIERREZ: Like many other families in her position, Fran Martinez says that in many ways, having no news in many ways is good news. She says at the same time, she feels that she won't be able to rest easy until she actually hears from her husband.
We talked to her just a few moments ago, and she said still no word. Daryn, back to you.
KAGAN: That wait just must be absolutely unbearable. Thelma Gutierrez, at Camp Pendleton, thank you for that story.
Late developments on Iraq, any time you're away from your television, log on to CNN.com/Iraq. You can also sign up for breaking news e-mail alerts on the situation, as well.
National Security Advisor Condoleezza Rice makes a much anticipated appearance before the 9/11 commission tomorrow to testify publicly and under oath.
Our Elaine Quijano is at the White House with a preview of that testimony this morning.
Elaine, good morning, once again.
ELAIN QUIJANO, CNN CORRESPONDENT: Good morning to you, Daryn.
Well, so far this morning, no specifics coming out of the White House on Dr. Condoleezza Rice's testimony tomorrow.
But earlier this week, President Bush said that he is looking forward to hearing his national security advisor testify in public before the September 11 commission. The president saying that she knows exactly what took place and will lay out the facts.
Now, Dr. Rice is expected to give an opening statement tomorrow before taking questions from the panel. And she's expected to make the case that the White House did all it could to prevent the terrorist attacks in September of 2001.
Rice has already met with the commission in private, but this will be the first time she'll answer the panel's questions in public, something the Bush administration initially resisted, citing executive privilege.
After pressure from Democratic and Republican commission members and families of September 11 victims, the administration reversed its decision last week, the president saying he received assurances Rice's appearance would not jeopardize executive privilege.
Now the White House wants to rebut some of the harsh criticisms, including those put forth by former counterterrorism chief Richard Clarke, criticisms that the administration, and Rice in particular, did not give priority to fighting terrorism in the months before 9/11.
Despite those claims, commissioners say Rice's appearance is simply an attempt to get a more complete picture of what happened.
(BEGIN VIDEO CLIP)
RICHARD BEN-VENISTE, 9/11 COMMISSION: This is not a personal attack on anybody. This is an effort to get the facts, get it before the American public, so that people can make up their own minds. There are contradictions. And those contradictions provide the stuff that an investigation is made of, and, therefore, it's our obligation to air those and then to make some judgments about what the facts are.
(END VIDEO CLIP)
QUIJANO: So the White House very anxious and eager for Dr. Condoleezza Rice to testify tomorrow in public. Not giving out specifics on what her testimony might contain. The testimony, by the way, expected to last about 2 1/2 hours. Daryn.
KAGAN: Elaine Quijano, at the White House. And CNN does plan live coverage of Condoleezza Rice's testimony. It will begin at 9 a.m. Eastern right here on CNN. We'll have analysis and insight to follow that.
Battling out in court. Rush Limbaugh's fight over his medical records. We'll examine the legal strategy there.
Also, hitting the century mark. A major celebration at the crossroads of the world, the entertainment world. We'll go live to Times Square.
And move over, Bob. There is a new bachelor is in town. And this season's show comes with a twist and an NFL quarterback. We'll explain. Just ahead.
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KAGAN: Radio host Rush Limbaugh's legal team is arguing before a Florida appeals court this morning. They hope to keep his medical records away from prosecutors.
Limbaugh is accused of illegally purchasing prescription painkillers. Prosecutors allege that he bought 2,000 pills prescribed by four doctors in a six-month period.
The American Civil Liberties Union is joining the well-known conservative in his legal battle. The ACLU says that the doctor/patient relationship and privacy rights are out the window if prosecutors win today.
It's important to note that Rush Limbaugh is not charged with a crime. However, today's court proceeding could affect that status.
Former federal prosecutor Kendall Coffey, he's in Miami this morning, south Florida, as well, frequent contributor on legal issues.
Kendall, good morning.
KENDALL COFFEY, FORMER FEDERAL PROSECUTOR: Good morning. KAGAN: You can understand why prosecutors want to get their hands on these medical reports. It's a question, though, of how do you get them? Do you go for a search warrant or do you go for a subpoena?
COFFEY: And that's a big distinction. It sounds kind of dry and technical, search warrant versus subpoena. But that's really what this hearing is going to be about today.
On the other hand, in the big picture what they're going to try to do is balance the right of the public to have medical privacy with respect to confidential records, and the needs of law enforcement to investigate allegations of prescription drug abuse, which, as we know, Daryn, is an increasingly serious problem in Florida and around the nation.
Sixty percent of the drug overdose deaths in Florida in the last year were from prescription drug abuse, rather than a traditional evil such as cocaine and marijuana, and heroin.
KAGAN: Kendall, I want to talk about the big picture in just a second. Right now, focusing on what this means to Rush Limbaugh, what it means to the prosecution.
If this three-judge panel says no, you cannot have your hands on these medical records, you cannot use them in this way, what does it do to the potential case against Rush Limbaugh?
COFFEY: Well, I think it's end of the case, for all intents and purpose, Daryn. And I say that because the prosecution could still try to look at the original allegations, which as you may recall, were made by his former housekeeper and her husband, the Clines.
But those allegations were covered with more baggage than you get at a busy airport. The Clines, as you recall, sold their story to "The National Enquirer."
So I don't think the prosecution wants to rely on that. They're either going to get these records and go forward with that investigation or, I think, for all intents and purposes, this investigation is at a dead end.
KAGAN: And then looking at the big picture, if the government can come in and just go to your doctor's office and take medical records, in terms of privacy that might a huge concern to a lot of people out there.
COFFEY: Well, that's why the ACLU has gotten involved in this case. They say that the statute sets out a very clear procedure for subpoenas. That is, you've got to give the patient notice in advance. And they say the prosecution shouldn't be allowed to side step that requirement by using a different procedure under a search warrant.
The prosecutions says the statute doesn't say anything about search warrants. So that's what the court is going to decide in dry legal terms: how important is the difference between a subpoena and a search warrant when it comes to a patient's privacy rights?
KAGAN: And then someone I'm sure you've come across, another lawyer in South Florida: Roy Black is representing Rush Limbaugh. He says that this is basically a witch-hunt, that Rush Limbaugh is being singled out because of his conservative political views. And he points to a lot of other celebrities, namely Whitney Houston, as an example of other people who have had and admitted drug problems and yet, they're not prosecuted for their problems.
COFFEY: Well, I think that the issue really happens when a celebrity gets into the crosshairs of an investigation, whether it began with the allegations from the housekeeper, the "National Enquirer" story, who knows what?
But once a celebrity is in an investigative mode, there's no doubt the investigators will look under every rock. They'll look behind every blade of grass. And it is an excruciating ordeal for all concerned.
It doesn't mean in the final analysis, though, that this isn't going to be fairly and objectively decided, once the state attorney has all the evidence. He has insisted that he has made no decision and, until this case is decided today, he doesn't even have the major part of the evidence and the documents he would need to decide whether or not charges would ever be brought against Rush Limbaugh.
KAGAN: Kendall Coffey joining us from South Florida. Kendall, thank you.
COFFEY: Thank you.
KAGAN: And while we were talking to Kendall, we have news of another legal case that has gotten a lot of attention, this one out of Salt Lake City, Utah.
You might remember the mother who was put in jail and charged with murder for not agreeing to have a cesarean section. She gave birth to twins. One was still born.
Well, that woman, Melissa Ann Rowland, has now apparently come to a plea agreement with prosecutors. She agreed today to two counts of child endangerment. In exchange for that, prosecutors have dropped the murder charge against Melissa Ann Rowland.
Sentencing was set for April 29. She could receive zero to 5 years in prison on each count and up to a $5,000 fine.
So once again, the murder charge has been dropped against Melissa Ann Rowland, the woman who had refused to have a cesarean section, gave birth to twins. One was still born, the other born with alcohol and cocaine in his system. That baby has been since adopted.
Well, he is not an "American Idol," but the reality is women are lining up to meet him. We will talk to the new "Bachelor." His name is Jesse Palmer, the latest guy to step into that role.
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KAGAN: The fifth edition of ABC's "The Bachelor" premieres tonight with a new single guy playing the field for love. Literally, he knows how to play the field. It's New York Giants quarterback Jesse Palmer. He is a bachelor, and he is making the passes this time around, joining us from New York this morning.
Jesse, good morning.
JESSE PALMER, "THE BACHELOR": Good morning, how are you doing?
KAGAN: Sure you haven't heard any of those puns before, about making pass, playing the field, all that kind of stuff.
PALMER: There's been a couple of football analogies thrown around, yes.
KAGAN: Yes, just a few, exactly. You know, we cover a lot of big problems here at CNN, but none, I think, as huge as an NFL quarterback needing help meeting chicks.
PALMER: Yes, well you know, it is an interesting problem that I've had to deal with lately, I guess.
You know, I think what was so appealing about the show for me was I guess a lot of my past relationships, I think sometimes women have been with me more for what it is I do instead of who I am. So the fact that I had a chance to come on the show and meet these women -- when they signed on, they didn't know who I was.
I think that, coupled with the fact that it wasn't going to take away from football in the aspect, all the taping was done in the off- season. So it worked out perfect.
KAGAN: So that was kind of -- It was meant to be. I was looking over the list, the brief description of the 25 women that we'll see you meet tonight. One is an NFL cheerleader and one is a professional soccer player.
PALMER: Right.
KAGAN: I was wondering if -- Did they, at least, have a little bit of sports knowledge?
PALMER: They had great sports knowledge. It's funny. Everybody's asked if the women had to like football or not in order for me to pick them . To be honest it really didn't make a difference. The only thing they have to do is sit between -- sit at the game on Sundays and just, at least act like they enjoy it.
KAGAN: Let's talk about the twist this season, on this round. There's a spy among the women.
PALMER: Right.
KAGAN: How does that work? PALMER: Well, the producers, before we started filming, came up with an idea, saying, "Hey, you know, we thought about -- is there anybody you know that could do this, that could be a spy for you?"
And when I heard the idea, I immediately knew who I wanted to ask. I have a close personal friend, who's one of my best friends, who really knows me, knows what I'm about, knows the type of woman I want to be with and the type of woman I need to be with.
And she was down for it. And we -- you know, we kind of took the risk together, went on. And she helped me out on the show tremendously. She was unbelievable.
KAGAN: Well tell us a little bit, what kind of woman are you looking to be with?
PALMER: It's funny, everybody asks, I guess, you know, the physical type. I don't have a physical type.
I think from a more mental side, I think obviously somebody who is honest, secure, and genuine. I think at the same time, security is something that's really important to me, somebody who is secure with themselves, knows who they are, knows what they're about, where they're going in life, what they want to do.
And hopefully somebody who's also secure enough with me in terms of who have I am, and what it is I do.
KAGAN: Now, I'm the kind of girl who spends my off time reading "Sports Illustrated." So I saw an interview with you a couple weeks ago in "Sports Illustrated."
PALMER: OK.
KAGAN: There was something in there, to me, that seemed like you were saying that you didn't actually meet the girl in this whole competition, because you talked about what it was going to be like to go on future first dates.
PALMER: Yes, well, I think that kind of got spun. I was talking about dates with her. So getting coffee with her after this whole thing is over will just be a disappointment, compared to what we had all just gone through.
KAGAN: all right. Well, we wish you well. It premieres tonight?
PALMER: It does. It does. Big party at the house with all the guys coming over. Should be fun.
KAGAN: OK. And any girl in particular you want to tell us about?
PALMER: There's a very special girl I'd like to say hi to who is very sweet, very -- you know, is definitely on my mind. KAGAN: OK, well, we can see that kind of far away look in your eyes when you think about her. Good luck with that; good luck with the season when that gets going in a few months here.
PALMER: Thanks so much.
KAGAN: Jesse Palmer, "The Bachelor." You'll see him on ABC tonight.
And while we were talking to Jesse, got some news, the Fastow story gets ever more complicated.
A federal judge on Wednesday apparently has now rejected a plea bargain that federal prosecutors had struck with the wife of former Enron chief financial officer Andrew Fastow. That has now prompted her to withdraw her guilty plea.
Leigh Fastow was a former assistant treasurer at Enron. She has changed her plea to not guilty. That's after the judge rejected the deal. He had suggested for months that he perhaps would not go for the deal, the original deal that she would perhaps spend five months in prison and five months under home detention.
So much more on the Fastows just ahead.
Also, U.S. troops under fire in Iraq. Coming up, a live report on the U.S. military strategy from the Pentagon.
Also, remembering the time in Rwanda's history that most would rather forget. A live report from Africa is just ahead.
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