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American Morning

Bush Closes Successful NATO Summit with Speech; Iraq to Take Legal Custody of Saddam; Turkish Hostages Freed, American Still Held

Aired June 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, CO-HOST: A joyous moment for Turkey. Three hostages held in Iraq, now going free.
While in this country a much different story. Two families pleading and praying for the U.S. captives.

And fire raging in the suburbs of Florida, threatening entire neighborhoods with a wall of flames.

All this morning here 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, CO-HOST: Good morning. Welcome back, everybody. A very busy morning already today.

President Bush just finishing up a speech in Istanbul, Turkey, seeking to bridge differences between the United States and Muslim nations, as well as promote democracy in the Middle East. We've got lots to talk about from there.

Suzanne Malveaux is going to join us in just a few moments to talk about that speech. Also, the president's meeting with NATO leaders.

HEMMER: Also, back in this country, in the courtroom, in fact, defense attorney Mark Geragos continues his rather aggressive line of questions in the Scott Peterson case, and it may be starting to get a bit under the skin of the police department. Look at why the judge is having to speak up in that case. Explain that to you this hour.

O'BRIEN: Also in medical news. Could the next big thing in weight-loss be something like a pacemaker that actually just zaps away your appetite? Sounds too good to be true, but apparently it works. Dr. Sanjay Gupta is going to join us -- join us to talk about this invention.

HEMMER: How we feel about lunch after that?

Hi, Jack, good morning.

JACK CAFFERTY, CO-HOST: Next big thing in weight-loss is to eat less food.

O'BRIEN: Thank you, Dr. Cafferty. CAFFERTY: E-mail question of the day: "What will it take to bring democracy to the rest of the Middle East?" They're taking a shot at it in Iraq now with the handover yesterday of power to the interim government. What about the other countries over there? AM@CNN.com, your thoughts, if you're so inclined.

Eat less. Next big weight-loss trend is to eat less food.

HEMMER: Thank you, doc. Done?

CAFFERTY: I like it.

HEMMER: Let's get to Turkey again. President Bush addressing NATO leaders in Turkey a short time ago. You saw it live here on CNN, in fact. Suzanne Malveaux at the summit, wrapping up today. She's live in Istanbul.

Good afternoon, Suzanne.

SUZANNE MALVEAUX, CNN CORRESPONDENT: Good afternoon, Bill.

Actually wrapping up that five-day trip to Ireland and Turkey, President Bush receiving commitments from European allies for both Afghanistan and Iraq missions.

On Iraq, a commitment from NATO members to help with the Iraqi training forces, as well as Afghanistan, an increase in the peacekeeping troops, an expansion of the mission there to protect free elections.

Big question here, of course, is whether or not either one of these democracies will survive or whether or not these European allies are committed to President Bush's call to get more involved.

Now in a wrap-up speech, President Bush made the case that democratic reforms in the Middle East is in their best interests.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Just 15 months the Iraqi people have left behind one of the worst regimes in the Middle East, and their country is becoming the world's newest democracy. The world has seen a great event in the history of Iraq, in the history of the Middle East and in the history of liberty.

(END VIDEO CLIP)

MALVEAUX: And, of course, the success in Iraq and Afghanistan also in Mr. Bush's interests, as well. He goes home today facing the lowest approval rating in his presidency, less than 50 percent and a majority of Americans who do not believe that it was worth it to go to war inside Iraq -- Bill.

HEMMER: Suzanne, thank for that. Suzanne Malveaux in Istanbul.

Also, a pool -- a poll, rather, taken before the handover of power in Iraq suggesting a majority of Americans approve of the transfer of sovereignty, but many still have reservations about the future in Iraq.

The CNN/"USA Today"/Gallup poll: 60 percent say they thought it is not likely peace will be established in Iraq over the next five years. Thirty-nine percent say they thought that possibility is likely.

Also, when asked how long the U.S. should have troops in Iraq, 57 percent say troops should stay one year or more. Forty percent say troops should stay less than a year.

That telephone survey conducted from the 21st of June to the 23rd of June.

Also, a day after the handover of power, there were several developments to talk about regarding Iraq today. One of those developments involves former Iraqi leader Saddam Hussein. Anderson Cooper now live in Baghdad with more on these.

Anderson, good afternoon there.

ANDERSON COOPER, HOST, "ANDERSON COOPER 360": Good morning, Bill.

We just learned a short time ago an announcement by Iraq's new interim prime minister, Ayad Allawi, that Saddam Hussein's legal custody will be handed over to the Iraqi government tomorrow. That announcement made just a short time ago.

Let's look.

(BEGIN VIDEO CLIP)

AYAD ALLAWI, IRAQI PRIME MINISTER (through translator): ... has formally requested the transfer of the most notorious and profound (ph) detainee to Iraqi legal custody. So Saddam Hussein, along with up to 11 other high-valued detainees will be transferred to the legal custody of Iraq tomorrow, and will be charged before an Iraqi investigative judge on the following day.

(END VIDEO CLIP)

COOPER: So that means on Thursday there will actually be a perp walk, as they say, Saddam Hussein appearing before a judge. He will have the right to legal counsel. He will have the right to have free legal counsel if he can't afford it. Many of the same rights people are used to in the United States. He will even be allowed to represent himself.

Should point out, though, legal custody being handed over to the new Iraqi government, not physical custody. Though he will be in an Iraqi court on Thursday, he will be given back to U.S. troops, who will maintain physical custody of him until it's determined that the new Iraqi government can actually safeguard him and keep him. The big fear of course, security, fear that someone would try to break him out and that the Iraqis wouldn't have the facilities to prevent that. So some Interesting developments here this morning, Bill.

HEMMER: Also another development and good news for three Turks held hostage there. They are free now. Do we know much detail on this, Anderson?

COOPER: We really don't at this point. The Turkish foreign ministry has confirmed that they were told by -- they were contacted by the Turkish hostages, the former Turkish hostages, who said they had been released and that they were already on their way back to Turkey.

We are trying to get more details exactly how they were released, why they were released. As we know, these things rarely end up like this. It is certainly some good news this morning out of Iraq.

HEMMER: Anderson, thanks. Much more on all this throughout the morning. Anderson Cooper in Baghdad -- Soledad.

O'BRIEN: Well, at least two Americans remain missing in Iraq. For the latest on their cases, let's go right to Kathleen Koch. She's at the Pentagon for us this morning.

Kathleen, good morning.

KATHLEEN KOCH, CNN CORRESPONDENT: Good morning, Soledad.

The military is studying a videotape released by the Arab television network Al Jazeera that shows someone being shot. Now militants contend that it is Army Specialist Matt Maupin, missing in Iraq since April, although the Pentagon cannot and will not confirm that.

Also, no word on the status of a missing U.S. Marine or a Pakistani driver kidnapped over the weekend. As many people wondering just who these groups are behind all the kidnappings.

(BEGIN VIDEOTAPE)

KOCH (voice-over): The kidnappers of a young man in Marine fatigues whose family identifies him as Corporal Wassef Ali Hassoun, call themselves the Islamic Response.

KEN POLLACK, CNN ANALYST: This is the first time that I've heard of this group. And I think that this is a pattern that we're seeing in Iraq. There are any number of tiny little groups of people who are coming together for particular operations. The only thing that they seem to have in common is that they hate Americans, and they have a desire to harm as many as they possibly can.

KOCH: It's not clear whether or not the group is linked to Abu Musab al-Zarqawi. American Nicholas Berg and South Korean Kim Sun-Il were beheaded in killings blamed on a group led by the Islamic militant leader.

Since April more than 40 people have been abducted in Iraq by insurgents. U.S. officials believe they represent different groups with varying ideologies, some foreign fighters, but not all.

The question now, will the turnover of power impact their activities?

DONALD RUMSFELD, SECRETARY OF DEFENSE: How it's going to affect the counterinsurgency, that is to say the efforts to stop the terrorists from conducting the killing and beheadings and -- activity they're engaged in. I personally don't -- can't say that I can answer the question with certainty.

(END VIDEOTAPE)

KOCH: For the immediate future the expectation is more kidnappings by more shadowy groups, all bent on destabilizing the new Iraqi government and driving foreigners from Iraq -- Soledad.

O'BRIEN: Kathleen Koch for us at the Pentagon this morning. Kathleen, thanks -- Bill.

HEMMER: Soledad, the Supreme Court ruling that U.S. citizens and foreign nationals being held as enemy combatants will get their day in court. That ruling will affect the case of American-born terror suspect Yasser Hamdi.

The high court saying yesterday that the government can detain suspected terrorists, provided that they can legally challenge their imprisonment.

Hamdi's been in custody for about two years, since his battlefield capture in Afghanistan. His attorney, Frank Dunham, back with us here on AMERICAN MORNING, live in D.C.

Mr. Dunham, good morning to you. I thank you...

FRANK DUNHAM, YASSER HAMDI'S LAWYER: Good day. How are you all doing?

HEMMER: I'm doing just fine, thanks.

How long before you're in court at this point?

DUNHAM: Well, you know, hard to tell. It's been a long struggle, and you know, I don't know when we'll be in court, but I imagine it will be soon.

HEMMER: Yes. Clarence Thomas, the justice, member of the Supreme Court yesterday said this, on the screen. He wrote, "This detention falls squarely within the federal government's war powers and we lack the expertise and capacity to second-guess that decision."

What's your reaction to that statement? DUNHAM: Well you know, the founders created a system that give people some basic rights. And it wasn't until this war on terror that any administration claimed that they could take away a citizen's rights without any interference at all from the judiciary.

And thank God the Supreme Court didn't go along with that, and breathed some life into liberties that we've had since the nation was founded.

HEMMER: Your client's not walking free, though. Still detained, but will have his day in court. Do you see that as a split decision from the court?

DUNHAM: No. You know, I don't. I see it as -- I see that we have four justices that think you either have to charge him with a crime or let him go. And, of course, that was our principle position.

But we are fully satisfied with the decision that allows us to at least have him -- have an opportunity to respond to what the government has said about him and have a neutral judge decide whether or not he's telling the truth or not.

HEMMER: Now I know your client, Yasser Hamdi is just one. Can you speak at all about Zacarias Moussaoui? Can you talk about, in any way, the fate of those detainees at Guantanamo Bay in Cuba?

DUNHAM: Well, Zacarias Moussaoui is quite a different case from Yasser Hamdi. Hamdi's a young man who was caught up in something and maintains his innocence.

Nobody's ever claimed he was a terrorist or part of a terrorist organization. Nobody's ever charged him with a crime, nor does anybody intend to charge him with a crime.

Moussaoui, on the other hand, has been indicted under our legal system, charged with crimes, provided with counsel, was even allowed to be his own counsel for a while. He's clearly going to have his day in court at the end of the line. It's a completely different circumstance from Hamdi.

The only commonality between the two men was that for awhile I couldn't talk to either one of them. One, because he wouldn't let me, the other because the government wouldn't let me.

Now, with Justice O'Connor's decision, I won't have any problem talking to the one who really wants a lawyer and wants me to help him.

HEMMER: Let me try and complete the circle here in the short time we have left. What is your next move, likely?

DUNHAM: The next move likely is to get back in front of Judge Doumar and start working out how the hearing that the Supreme Court has promised will unfold.

HEMMER: Thanks. Thanks for your time again in Washington.

Our own legal analyst Jeffrey Toobin stopping by.

You were listening there. Split decision or not?

JEFFREY TOOBIN, CNN LEGAL ANALYST: I really don't see it as much of a split decision. This is a real repudiation of the Bush administration's policies on terror.

Here you had eight justices in the Hamdi case, including such conservatives as Chief Justice Rehnquist, Justice Scalia, saying that what the administration has been doing for two years to Mr. Hamdi is unlawful.

That's pretty extraordinary. And frankly to me and I think a lot of people, a big surprise.

HEMMER: You're saying the high court normally would side with any administration in a time of war?

TOOBIN: This court in particular, when it comes to matters like national security, executive power, military necessity, almost always rules with the government. These policies were, in the courts' view, so extreme that they had to slap the administration down.

HEMMER: If that is the case then, was the administration buying time, until this decision came down?

TOOBIN: Well, I mean, as it turns out they were. I don't think that was their conscious thought. I think they believed what they were doing was lawful and they could continue doing it indefinitely.

But what they tried to do was set up an entire class of prisoners, the 600 in Guantanamo, the two here in the United States, Hamdi and Padilla, who were essentially outside the legal system. No lawyers, no right to challenge.

And the court said, you can't do that. And that's a big decision.

HEMMER: You wonder, then, future detainees, if their cases will be considered before they are taken to a place like Gitmo or some other place in some third country?

TOOBIN: Absolutely. And one of the things the government's going to have to think about is the government's going to have to say, "Hey, we're going to have to prove these people did something wrong." It won't be a full-fledged trial. It's not going to be Johnnie Cochran, but there will be trials of these people of some kind.

And the defendants, the detainees, will be able to say, "Hey, you've got the wrong guy. I'm a farmer." And that's a big difference from how it's been for the past few years.

HEMMER: Thank you, Jeff.

TOOBIN: All righty.

HEMMER: Talk to you later.

Thirteen past. Betty Nguyen again, the rest of the news today.

Betty, good morning to you at the CNN Center.

BETTY NGUYEN, CNN CORRESPONDENT: Good morning, Bill.

The first U.S. casualty since the transfer of power in Iraq. The military saying a roadside bomb went off near a military convoy in east Baghdad. Three U.S. Marines have been killed. Two other troops were wounded.

There was a small explosion on a plane in Istanbul, Turkey, today. A Turkish news agency reporting that a package blew up on a plane, injuring at least three workers. That plane had already landed, and no passengers were onboard. The blast occurred hours before President Bush was scheduled to leave Turkey following a NATO summit in Istanbul.

After 24 years, the U.S. is opening a formal diplomatic office in Libya. The announcement following yesterday's meetings between a top State Department official and Libyan leader Moammar Gadhafi. The move is a step towards normalizing relations between the two countries.

Meanwhile, the U.S. continues to investigate a report that Libya had been plotting to killed Saudi Crown Prince Abdullah.

Authorities in Texas are looking into the cause of a train derailment that killed at least one person. About 40 cars derailed yesterday in the San Antonio area. The wreck caused a leak of chlorine gas and ammonium nitrate. You see it here. As many as 50 people were hospitalized after that derailment.

And a dress code in Kentucky has some critics charging racism. The developer of a new nightclub district in Louisville is forbidding sports jerseys, sleeveless shirts and backward baseball caps during special events.

The American civil liberties union is saying the code is biased against blacks and poor people. The property owner is expected to meet with protesters tomorrow.

Soledad, back to you.

O'BRIEN: All right, Betty, thanks a lot.

Well, a simple but stern message from the judge to both sides in the Scott Peterson trial. And it was basically this: shut up or else.

He is threatening to enforce a gag order to keep them from talking publicly about the case. The warning came after a Modesto police officer accused defense attorney Mark Geragos of trying to spin the case.

KFB radio reporter Chris Flippi, covering the double murder trial. He joins us this morning from Redwood City in California, where we can see, because it's so dark behind you, that it is way early.

Chris, nice to see you, as always. Let's get right to it. What exactly was it that set the judge off?

CHRIS FLIPPI, RADIO REPORTER: Well, the judge was really upset because a Modesto sergeant, Ed Steele, on Friday made a comment after Al Brocchini's testimony on Thursday that the defense was trying to spin evidence.

It goes to show that Modesto police were very concerned about what Brocchini said about a witness who reportedly saw Laci Peterson in her husband's warehouse the day before she was reported missing.

Now, the story is that Brocchini excised that from his police report. It appeared very damaging. So because of that, the Modesto police had to speak out, or at least felt like they had to speak out.

The judge didn't like that at all, issued a very stern warning, saying that the gag order still stands in this case and you have to abide by it. He doesn't want to police the courtroom, but if he has to he will.

O'BRIEN: As concerned as Modesto police were over that, they must be even more concerned now, because to some degree Mark Geragos tripped him up again, Detective Brocchini, up again when he was on the stand, really hammering him yet again.

FLIPPI: Yes. This has really been a testy back and forth between the two. You could really see yesterday that Al Brocchini was much more aggressive in dealing with Mark Geragos and with his answers.

Clearly, this is something that's going to continue this morning when Brocchini is back on the stand for a fifth day of testimony.

But back and forth. A lot of testimony yesterday about a burglary at the Peterson home. The defense really claiming that Modesto cops didn't do enough to look into that burglary. It's possible in connection to Laci's disappearance.

O'BRIEN: Let's talk a little bit about the breaking in at the home, because it's kind of -- no, it is a very strange story. So fill us in on that.

FLIPPI: It really is quite odd. Basically what happened is, a volunteer who helped with the effort to find Laci Peterson apparently became very infatuated with Scott Peterson.

In January 19 of 2003, just weeks after Laci disappeared, she actually broke into the Peterson home, went through some of the Christmas gifts that were still under the tree, rifled through some drawers, even poured herself a Jack Daniels and coke at one point and laid down on their bed.

Now afterwards, she was found out by Modesto police. She told the cops, specifically Al Brocchini, that she was bipolar and had not been at -- on her medication as the time of that break-in.

Now Modesto cops cleared her of any involvement in Laci Peterson's disappearance, but the defense is not satisfied. They say the cops did not do enough to look into that possible connection. They think more should have been done and again is another example of a possible lead in this case that led away from Scott that Modesto police virtually ignored.

O'BRIEN: Well, in fact, the defense is leading the way right now. When will the prosecution have an opportunity to recover, and do you think that they actually can after such strong, I think strong steps by the -- by the defense?

FLIPPI: Yes. The prosecution still has a chance in this case. A lot of their important witnesses, such as Amber Frey, the lead investigator in this case, Craig Rogan, have not been called to the witness stand.

It's interesting to note that when juror No. 5 was dismissed last week, the prosecution still hadn't had a chance to really present any new details on its case since then, because Geragos has been taking up so much time with his cross-examination of Brocchini.

The cross-examination continues this morning. It's unclear whether Brocchini will remain on the stand for a redirect today. It's possible it could extend into Wednesday.

O'BRIEN: Chris Flippi of KD -- KFB Radio joining us this morning. Nice to see you, as always. Thanks a lot for filling us in. Sometimes this case gets very strange, doesn't it?

FLIPPI: Very much.

O'BRIEN: All right. Thanks -- Bill.

HEMMER: Want to go from California to Florida. Incredible pictures, too, showing this fast-moving brushfire in southern Florida.

The flames lit up the sky Monday in Royal Palm Beach, threatening homes in the subdivisions, dozens evacuated there. Hot embers began gusting through the air. And that is always dangerous getting them up into the trees.

Firefighters struggled to get the brushfire contained last night. Luckily, though, in the end, no injuries reported. They could use some wet weather down there.

Chad Myers looking at things outside for us. Good morning, Chad.

(COMMERCIAL BREAK)

O'BRIEN: I know. It doesn't. Chad, thanks.

Still to come this morning, we're "Paging Dr. Gupta." We're going to find out how one woman shocked away some of her weight with what some doctors call a weight-loss pacemaker. HEMMER: Also this morning, Bill Clinton's book, it's official. It's a huge hit. One of the biggest hits ever? Maybe. "Political Pop" panel takes a look at that a bit later here on AMERICAN MORNING. Back in a moment.

(COMMERCIAL BREAK)

O'BRIEN: Welcome back, everybody. It's time to check in with Jack. He's got the "Question of the Day."

Hello.

CAFFERTY: Good morning. President Bush a short time ago making a push for democracy in the Middle East. In a speech that he gave in Turkey he said among other things that other countries should follow Turkey's example.

(BEGIN VIDEO CLIP)

BUSH: And you have learned that democracy is the surest way to build a society of justice. The best way to prevent corruption and abuse of power is to hold rulers accountable. The best way to ensure fairness to all is to establish the rule of law.

(END VIDEO CLIP)

CAFFERTY: You're looking at a live picture now on the tarmac at Istanbul of the president and first lady boarding Air Force One for the return flight to the United States.

The president also highlighted yesterday's transfer of sovereignty in Iraq. Some Arab leaders have criticized the United States for trying to impose our views on the region and not doing enough to end the Palestinian/Israeli conflict.

The question we're asking this morning is this: "What will it take to achieve democracy in the Middle East?" The e-mail address -- well, you know what that is. Write to us every day. I don't have to repeat that.

O'BRIEN: Maybe we should say it anyway.

CAFFERTY: Go ahead.

O'BRIEN: WAM@CNN.com.

CAFFERTY: Thank you.

HEMMER: Nice.

O'BRIEN: Glad to help you out.

HEMMER: With the...

CAFFERTY: I need all the help I can get. HEMMER: ... surprise handover two days early yesterday, late- night talk shows having a bit of a laugh at that. Here's David Letterman's take last night.

(BEGIN VIDEO CLIP)

DAVID LETTERMAN, HOST, CBS'S "LATE NIGHT WITH DAVID LETTERMAN": In a surprise move, the United States handed over control of Iraq two days early. Did you hear about that? It handed today -- it was going to take place on Wednesday. The Iraqis have been celebrating. When they heard about it they went crazy. Everybody, have you seen any of this footage of the celebration?

PAUL SHAFFER, MUSICIAN: I'd like to see.

LETTERMAN: We have some footage now from, I think this was CBS News or CNN. This was in Baghdad. This is the Iraqis. They're celebrating the handover of power that occurred earlier today. Take a look.

(MUSIC)

(END VIDEO CLIP)

O'BRIEN: OK, we got the building from the back, but that's obviously the gay pride parade from this past weekend.

HEMMER: It wasn't Baghdad?

O'BRIEN: I don't think it was Baghdad.

HEMMER: David Letterman, good laugh.

O'BRIEN: It was very funny.

HEMMER: That's right.

In a moment here, Michael Moore's film, "Fahrenheit 9/11," No. 1 at the box office over the weekend. Some people want the ads for that film pulled, and not because they're necessarily fans of the White House. Their explanation in a moment on "Political Pop" this morning, ahead after this.

(COMMERCIAL BREAK)

O'BRIEN: Good morning. Welcome back, everybody. Just about half past the hour on this AMERICAN MORNING. We've got "Political Pop" coming up in just a few moments. We're going to see if the panel has done their reading for the week.

We're talking about that big, old book written by President Clinton. What is it, 957 pages?

HEMMER: Get started.

O'BRIEN: If they've read that, they haven't done anything else all week. Well, believe it or not, a million copies, almost, have already been sold. We're going to find out what exactly is driving these record sales.

HEMMER: Also in a moment, Sanjay's back. Stops by to show an amazing little device that can be surgically implanted to help people lose weight. How does it work? Who's a good candidate? We'll find out more about that in a moment here with the good doctor.

O'BRIEN: All right. Let's take you to President Bush. He's heading back to the U.S. after wrapping up a five-day trip to Ireland and Turkey. Looking at Air force One there, sitting on the tarmac in Istanbul.

The president had been discussing the situation in Iraq while attending a summit of NATO leaders in Istanbul. And in fact, it looks like the Air Force One is just pulling out of the tarmac, heading back to the United States now.

In a speech that we showed a little bit earlier here on CNN, Mr. Bush pushed for Democratic reforms across the Middle East, pointing to Iraq's new government as an example of a positive change.

(BEGIN VIDEO CLIP)

BUSH: Just 15 months the Iraqi people have left behind one of the worst regimes in the Middle East. And their country is becoming the world's newest democracy. The world has seen a great event in the history of Iraq, in the history of the Middle East and of the history of liberty.

(END VIDEO CLIP)

O'BRIEN: Again as that plane, Air Force One, with President Bush and first lady Laura Bush onboard, gets ready to taxi out and pull out of Istanbul, heading back to the United States.

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Aired June 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, CO-HOST: A joyous moment for Turkey. Three hostages held in Iraq, now going free.
While in this country a much different story. Two families pleading and praying for the U.S. captives.

And fire raging in the suburbs of Florida, threatening entire neighborhoods with a wall of flames.

All this morning here 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, CO-HOST: Good morning. Welcome back, everybody. A very busy morning already today.

President Bush just finishing up a speech in Istanbul, Turkey, seeking to bridge differences between the United States and Muslim nations, as well as promote democracy in the Middle East. We've got lots to talk about from there.

Suzanne Malveaux is going to join us in just a few moments to talk about that speech. Also, the president's meeting with NATO leaders.

HEMMER: Also, back in this country, in the courtroom, in fact, defense attorney Mark Geragos continues his rather aggressive line of questions in the Scott Peterson case, and it may be starting to get a bit under the skin of the police department. Look at why the judge is having to speak up in that case. Explain that to you this hour.

O'BRIEN: Also in medical news. Could the next big thing in weight-loss be something like a pacemaker that actually just zaps away your appetite? Sounds too good to be true, but apparently it works. Dr. Sanjay Gupta is going to join us -- join us to talk about this invention.

HEMMER: How we feel about lunch after that?

Hi, Jack, good morning.

JACK CAFFERTY, CO-HOST: Next big thing in weight-loss is to eat less food.

O'BRIEN: Thank you, Dr. Cafferty. CAFFERTY: E-mail question of the day: "What will it take to bring democracy to the rest of the Middle East?" They're taking a shot at it in Iraq now with the handover yesterday of power to the interim government. What about the other countries over there? AM@CNN.com, your thoughts, if you're so inclined.

Eat less. Next big weight-loss trend is to eat less food.

HEMMER: Thank you, doc. Done?

CAFFERTY: I like it.

HEMMER: Let's get to Turkey again. President Bush addressing NATO leaders in Turkey a short time ago. You saw it live here on CNN, in fact. Suzanne Malveaux at the summit, wrapping up today. She's live in Istanbul.

Good afternoon, Suzanne.

SUZANNE MALVEAUX, CNN CORRESPONDENT: Good afternoon, Bill.

Actually wrapping up that five-day trip to Ireland and Turkey, President Bush receiving commitments from European allies for both Afghanistan and Iraq missions.

On Iraq, a commitment from NATO members to help with the Iraqi training forces, as well as Afghanistan, an increase in the peacekeeping troops, an expansion of the mission there to protect free elections.

Big question here, of course, is whether or not either one of these democracies will survive or whether or not these European allies are committed to President Bush's call to get more involved.

Now in a wrap-up speech, President Bush made the case that democratic reforms in the Middle East is in their best interests.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Just 15 months the Iraqi people have left behind one of the worst regimes in the Middle East, and their country is becoming the world's newest democracy. The world has seen a great event in the history of Iraq, in the history of the Middle East and in the history of liberty.

(END VIDEO CLIP)

MALVEAUX: And, of course, the success in Iraq and Afghanistan also in Mr. Bush's interests, as well. He goes home today facing the lowest approval rating in his presidency, less than 50 percent and a majority of Americans who do not believe that it was worth it to go to war inside Iraq -- Bill.

HEMMER: Suzanne, thank for that. Suzanne Malveaux in Istanbul.

Also, a pool -- a poll, rather, taken before the handover of power in Iraq suggesting a majority of Americans approve of the transfer of sovereignty, but many still have reservations about the future in Iraq.

The CNN/"USA Today"/Gallup poll: 60 percent say they thought it is not likely peace will be established in Iraq over the next five years. Thirty-nine percent say they thought that possibility is likely.

Also, when asked how long the U.S. should have troops in Iraq, 57 percent say troops should stay one year or more. Forty percent say troops should stay less than a year.

That telephone survey conducted from the 21st of June to the 23rd of June.

Also, a day after the handover of power, there were several developments to talk about regarding Iraq today. One of those developments involves former Iraqi leader Saddam Hussein. Anderson Cooper now live in Baghdad with more on these.

Anderson, good afternoon there.

ANDERSON COOPER, HOST, "ANDERSON COOPER 360": Good morning, Bill.

We just learned a short time ago an announcement by Iraq's new interim prime minister, Ayad Allawi, that Saddam Hussein's legal custody will be handed over to the Iraqi government tomorrow. That announcement made just a short time ago.

Let's look.

(BEGIN VIDEO CLIP)

AYAD ALLAWI, IRAQI PRIME MINISTER (through translator): ... has formally requested the transfer of the most notorious and profound (ph) detainee to Iraqi legal custody. So Saddam Hussein, along with up to 11 other high-valued detainees will be transferred to the legal custody of Iraq tomorrow, and will be charged before an Iraqi investigative judge on the following day.

(END VIDEO CLIP)

COOPER: So that means on Thursday there will actually be a perp walk, as they say, Saddam Hussein appearing before a judge. He will have the right to legal counsel. He will have the right to have free legal counsel if he can't afford it. Many of the same rights people are used to in the United States. He will even be allowed to represent himself.

Should point out, though, legal custody being handed over to the new Iraqi government, not physical custody. Though he will be in an Iraqi court on Thursday, he will be given back to U.S. troops, who will maintain physical custody of him until it's determined that the new Iraqi government can actually safeguard him and keep him. The big fear of course, security, fear that someone would try to break him out and that the Iraqis wouldn't have the facilities to prevent that. So some Interesting developments here this morning, Bill.

HEMMER: Also another development and good news for three Turks held hostage there. They are free now. Do we know much detail on this, Anderson?

COOPER: We really don't at this point. The Turkish foreign ministry has confirmed that they were told by -- they were contacted by the Turkish hostages, the former Turkish hostages, who said they had been released and that they were already on their way back to Turkey.

We are trying to get more details exactly how they were released, why they were released. As we know, these things rarely end up like this. It is certainly some good news this morning out of Iraq.

HEMMER: Anderson, thanks. Much more on all this throughout the morning. Anderson Cooper in Baghdad -- Soledad.

O'BRIEN: Well, at least two Americans remain missing in Iraq. For the latest on their cases, let's go right to Kathleen Koch. She's at the Pentagon for us this morning.

Kathleen, good morning.

KATHLEEN KOCH, CNN CORRESPONDENT: Good morning, Soledad.

The military is studying a videotape released by the Arab television network Al Jazeera that shows someone being shot. Now militants contend that it is Army Specialist Matt Maupin, missing in Iraq since April, although the Pentagon cannot and will not confirm that.

Also, no word on the status of a missing U.S. Marine or a Pakistani driver kidnapped over the weekend. As many people wondering just who these groups are behind all the kidnappings.

(BEGIN VIDEOTAPE)

KOCH (voice-over): The kidnappers of a young man in Marine fatigues whose family identifies him as Corporal Wassef Ali Hassoun, call themselves the Islamic Response.

KEN POLLACK, CNN ANALYST: This is the first time that I've heard of this group. And I think that this is a pattern that we're seeing in Iraq. There are any number of tiny little groups of people who are coming together for particular operations. The only thing that they seem to have in common is that they hate Americans, and they have a desire to harm as many as they possibly can.

KOCH: It's not clear whether or not the group is linked to Abu Musab al-Zarqawi. American Nicholas Berg and South Korean Kim Sun-Il were beheaded in killings blamed on a group led by the Islamic militant leader.

Since April more than 40 people have been abducted in Iraq by insurgents. U.S. officials believe they represent different groups with varying ideologies, some foreign fighters, but not all.

The question now, will the turnover of power impact their activities?

DONALD RUMSFELD, SECRETARY OF DEFENSE: How it's going to affect the counterinsurgency, that is to say the efforts to stop the terrorists from conducting the killing and beheadings and -- activity they're engaged in. I personally don't -- can't say that I can answer the question with certainty.

(END VIDEOTAPE)

KOCH: For the immediate future the expectation is more kidnappings by more shadowy groups, all bent on destabilizing the new Iraqi government and driving foreigners from Iraq -- Soledad.

O'BRIEN: Kathleen Koch for us at the Pentagon this morning. Kathleen, thanks -- Bill.

HEMMER: Soledad, the Supreme Court ruling that U.S. citizens and foreign nationals being held as enemy combatants will get their day in court. That ruling will affect the case of American-born terror suspect Yasser Hamdi.

The high court saying yesterday that the government can detain suspected terrorists, provided that they can legally challenge their imprisonment.

Hamdi's been in custody for about two years, since his battlefield capture in Afghanistan. His attorney, Frank Dunham, back with us here on AMERICAN MORNING, live in D.C.

Mr. Dunham, good morning to you. I thank you...

FRANK DUNHAM, YASSER HAMDI'S LAWYER: Good day. How are you all doing?

HEMMER: I'm doing just fine, thanks.

How long before you're in court at this point?

DUNHAM: Well, you know, hard to tell. It's been a long struggle, and you know, I don't know when we'll be in court, but I imagine it will be soon.

HEMMER: Yes. Clarence Thomas, the justice, member of the Supreme Court yesterday said this, on the screen. He wrote, "This detention falls squarely within the federal government's war powers and we lack the expertise and capacity to second-guess that decision."

What's your reaction to that statement? DUNHAM: Well you know, the founders created a system that give people some basic rights. And it wasn't until this war on terror that any administration claimed that they could take away a citizen's rights without any interference at all from the judiciary.

And thank God the Supreme Court didn't go along with that, and breathed some life into liberties that we've had since the nation was founded.

HEMMER: Your client's not walking free, though. Still detained, but will have his day in court. Do you see that as a split decision from the court?

DUNHAM: No. You know, I don't. I see it as -- I see that we have four justices that think you either have to charge him with a crime or let him go. And, of course, that was our principle position.

But we are fully satisfied with the decision that allows us to at least have him -- have an opportunity to respond to what the government has said about him and have a neutral judge decide whether or not he's telling the truth or not.

HEMMER: Now I know your client, Yasser Hamdi is just one. Can you speak at all about Zacarias Moussaoui? Can you talk about, in any way, the fate of those detainees at Guantanamo Bay in Cuba?

DUNHAM: Well, Zacarias Moussaoui is quite a different case from Yasser Hamdi. Hamdi's a young man who was caught up in something and maintains his innocence.

Nobody's ever claimed he was a terrorist or part of a terrorist organization. Nobody's ever charged him with a crime, nor does anybody intend to charge him with a crime.

Moussaoui, on the other hand, has been indicted under our legal system, charged with crimes, provided with counsel, was even allowed to be his own counsel for a while. He's clearly going to have his day in court at the end of the line. It's a completely different circumstance from Hamdi.

The only commonality between the two men was that for awhile I couldn't talk to either one of them. One, because he wouldn't let me, the other because the government wouldn't let me.

Now, with Justice O'Connor's decision, I won't have any problem talking to the one who really wants a lawyer and wants me to help him.

HEMMER: Let me try and complete the circle here in the short time we have left. What is your next move, likely?

DUNHAM: The next move likely is to get back in front of Judge Doumar and start working out how the hearing that the Supreme Court has promised will unfold.

HEMMER: Thanks. Thanks for your time again in Washington.

Our own legal analyst Jeffrey Toobin stopping by.

You were listening there. Split decision or not?

JEFFREY TOOBIN, CNN LEGAL ANALYST: I really don't see it as much of a split decision. This is a real repudiation of the Bush administration's policies on terror.

Here you had eight justices in the Hamdi case, including such conservatives as Chief Justice Rehnquist, Justice Scalia, saying that what the administration has been doing for two years to Mr. Hamdi is unlawful.

That's pretty extraordinary. And frankly to me and I think a lot of people, a big surprise.

HEMMER: You're saying the high court normally would side with any administration in a time of war?

TOOBIN: This court in particular, when it comes to matters like national security, executive power, military necessity, almost always rules with the government. These policies were, in the courts' view, so extreme that they had to slap the administration down.

HEMMER: If that is the case then, was the administration buying time, until this decision came down?

TOOBIN: Well, I mean, as it turns out they were. I don't think that was their conscious thought. I think they believed what they were doing was lawful and they could continue doing it indefinitely.

But what they tried to do was set up an entire class of prisoners, the 600 in Guantanamo, the two here in the United States, Hamdi and Padilla, who were essentially outside the legal system. No lawyers, no right to challenge.

And the court said, you can't do that. And that's a big decision.

HEMMER: You wonder, then, future detainees, if their cases will be considered before they are taken to a place like Gitmo or some other place in some third country?

TOOBIN: Absolutely. And one of the things the government's going to have to think about is the government's going to have to say, "Hey, we're going to have to prove these people did something wrong." It won't be a full-fledged trial. It's not going to be Johnnie Cochran, but there will be trials of these people of some kind.

And the defendants, the detainees, will be able to say, "Hey, you've got the wrong guy. I'm a farmer." And that's a big difference from how it's been for the past few years.

HEMMER: Thank you, Jeff.

TOOBIN: All righty.

HEMMER: Talk to you later.

Thirteen past. Betty Nguyen again, the rest of the news today.

Betty, good morning to you at the CNN Center.

BETTY NGUYEN, CNN CORRESPONDENT: Good morning, Bill.

The first U.S. casualty since the transfer of power in Iraq. The military saying a roadside bomb went off near a military convoy in east Baghdad. Three U.S. Marines have been killed. Two other troops were wounded.

There was a small explosion on a plane in Istanbul, Turkey, today. A Turkish news agency reporting that a package blew up on a plane, injuring at least three workers. That plane had already landed, and no passengers were onboard. The blast occurred hours before President Bush was scheduled to leave Turkey following a NATO summit in Istanbul.

After 24 years, the U.S. is opening a formal diplomatic office in Libya. The announcement following yesterday's meetings between a top State Department official and Libyan leader Moammar Gadhafi. The move is a step towards normalizing relations between the two countries.

Meanwhile, the U.S. continues to investigate a report that Libya had been plotting to killed Saudi Crown Prince Abdullah.

Authorities in Texas are looking into the cause of a train derailment that killed at least one person. About 40 cars derailed yesterday in the San Antonio area. The wreck caused a leak of chlorine gas and ammonium nitrate. You see it here. As many as 50 people were hospitalized after that derailment.

And a dress code in Kentucky has some critics charging racism. The developer of a new nightclub district in Louisville is forbidding sports jerseys, sleeveless shirts and backward baseball caps during special events.

The American civil liberties union is saying the code is biased against blacks and poor people. The property owner is expected to meet with protesters tomorrow.

Soledad, back to you.

O'BRIEN: All right, Betty, thanks a lot.

Well, a simple but stern message from the judge to both sides in the Scott Peterson trial. And it was basically this: shut up or else.

He is threatening to enforce a gag order to keep them from talking publicly about the case. The warning came after a Modesto police officer accused defense attorney Mark Geragos of trying to spin the case.

KFB radio reporter Chris Flippi, covering the double murder trial. He joins us this morning from Redwood City in California, where we can see, because it's so dark behind you, that it is way early.

Chris, nice to see you, as always. Let's get right to it. What exactly was it that set the judge off?

CHRIS FLIPPI, RADIO REPORTER: Well, the judge was really upset because a Modesto sergeant, Ed Steele, on Friday made a comment after Al Brocchini's testimony on Thursday that the defense was trying to spin evidence.

It goes to show that Modesto police were very concerned about what Brocchini said about a witness who reportedly saw Laci Peterson in her husband's warehouse the day before she was reported missing.

Now, the story is that Brocchini excised that from his police report. It appeared very damaging. So because of that, the Modesto police had to speak out, or at least felt like they had to speak out.

The judge didn't like that at all, issued a very stern warning, saying that the gag order still stands in this case and you have to abide by it. He doesn't want to police the courtroom, but if he has to he will.

O'BRIEN: As concerned as Modesto police were over that, they must be even more concerned now, because to some degree Mark Geragos tripped him up again, Detective Brocchini, up again when he was on the stand, really hammering him yet again.

FLIPPI: Yes. This has really been a testy back and forth between the two. You could really see yesterday that Al Brocchini was much more aggressive in dealing with Mark Geragos and with his answers.

Clearly, this is something that's going to continue this morning when Brocchini is back on the stand for a fifth day of testimony.

But back and forth. A lot of testimony yesterday about a burglary at the Peterson home. The defense really claiming that Modesto cops didn't do enough to look into that burglary. It's possible in connection to Laci's disappearance.

O'BRIEN: Let's talk a little bit about the breaking in at the home, because it's kind of -- no, it is a very strange story. So fill us in on that.

FLIPPI: It really is quite odd. Basically what happened is, a volunteer who helped with the effort to find Laci Peterson apparently became very infatuated with Scott Peterson.

In January 19 of 2003, just weeks after Laci disappeared, she actually broke into the Peterson home, went through some of the Christmas gifts that were still under the tree, rifled through some drawers, even poured herself a Jack Daniels and coke at one point and laid down on their bed.

Now afterwards, she was found out by Modesto police. She told the cops, specifically Al Brocchini, that she was bipolar and had not been at -- on her medication as the time of that break-in.

Now Modesto cops cleared her of any involvement in Laci Peterson's disappearance, but the defense is not satisfied. They say the cops did not do enough to look into that possible connection. They think more should have been done and again is another example of a possible lead in this case that led away from Scott that Modesto police virtually ignored.

O'BRIEN: Well, in fact, the defense is leading the way right now. When will the prosecution have an opportunity to recover, and do you think that they actually can after such strong, I think strong steps by the -- by the defense?

FLIPPI: Yes. The prosecution still has a chance in this case. A lot of their important witnesses, such as Amber Frey, the lead investigator in this case, Craig Rogan, have not been called to the witness stand.

It's interesting to note that when juror No. 5 was dismissed last week, the prosecution still hadn't had a chance to really present any new details on its case since then, because Geragos has been taking up so much time with his cross-examination of Brocchini.

The cross-examination continues this morning. It's unclear whether Brocchini will remain on the stand for a redirect today. It's possible it could extend into Wednesday.

O'BRIEN: Chris Flippi of KD -- KFB Radio joining us this morning. Nice to see you, as always. Thanks a lot for filling us in. Sometimes this case gets very strange, doesn't it?

FLIPPI: Very much.

O'BRIEN: All right. Thanks -- Bill.

HEMMER: Want to go from California to Florida. Incredible pictures, too, showing this fast-moving brushfire in southern Florida.

The flames lit up the sky Monday in Royal Palm Beach, threatening homes in the subdivisions, dozens evacuated there. Hot embers began gusting through the air. And that is always dangerous getting them up into the trees.

Firefighters struggled to get the brushfire contained last night. Luckily, though, in the end, no injuries reported. They could use some wet weather down there.

Chad Myers looking at things outside for us. Good morning, Chad.

(COMMERCIAL BREAK)

O'BRIEN: I know. It doesn't. Chad, thanks.

Still to come this morning, we're "Paging Dr. Gupta." We're going to find out how one woman shocked away some of her weight with what some doctors call a weight-loss pacemaker. HEMMER: Also this morning, Bill Clinton's book, it's official. It's a huge hit. One of the biggest hits ever? Maybe. "Political Pop" panel takes a look at that a bit later here on AMERICAN MORNING. Back in a moment.

(COMMERCIAL BREAK)

O'BRIEN: Welcome back, everybody. It's time to check in with Jack. He's got the "Question of the Day."

Hello.

CAFFERTY: Good morning. President Bush a short time ago making a push for democracy in the Middle East. In a speech that he gave in Turkey he said among other things that other countries should follow Turkey's example.

(BEGIN VIDEO CLIP)

BUSH: And you have learned that democracy is the surest way to build a society of justice. The best way to prevent corruption and abuse of power is to hold rulers accountable. The best way to ensure fairness to all is to establish the rule of law.

(END VIDEO CLIP)

CAFFERTY: You're looking at a live picture now on the tarmac at Istanbul of the president and first lady boarding Air Force One for the return flight to the United States.

The president also highlighted yesterday's transfer of sovereignty in Iraq. Some Arab leaders have criticized the United States for trying to impose our views on the region and not doing enough to end the Palestinian/Israeli conflict.

The question we're asking this morning is this: "What will it take to achieve democracy in the Middle East?" The e-mail address -- well, you know what that is. Write to us every day. I don't have to repeat that.

O'BRIEN: Maybe we should say it anyway.

CAFFERTY: Go ahead.

O'BRIEN: WAM@CNN.com.

CAFFERTY: Thank you.

HEMMER: Nice.

O'BRIEN: Glad to help you out.

HEMMER: With the...

CAFFERTY: I need all the help I can get. HEMMER: ... surprise handover two days early yesterday, late- night talk shows having a bit of a laugh at that. Here's David Letterman's take last night.

(BEGIN VIDEO CLIP)

DAVID LETTERMAN, HOST, CBS'S "LATE NIGHT WITH DAVID LETTERMAN": In a surprise move, the United States handed over control of Iraq two days early. Did you hear about that? It handed today -- it was going to take place on Wednesday. The Iraqis have been celebrating. When they heard about it they went crazy. Everybody, have you seen any of this footage of the celebration?

PAUL SHAFFER, MUSICIAN: I'd like to see.

LETTERMAN: We have some footage now from, I think this was CBS News or CNN. This was in Baghdad. This is the Iraqis. They're celebrating the handover of power that occurred earlier today. Take a look.

(MUSIC)

(END VIDEO CLIP)

O'BRIEN: OK, we got the building from the back, but that's obviously the gay pride parade from this past weekend.

HEMMER: It wasn't Baghdad?

O'BRIEN: I don't think it was Baghdad.

HEMMER: David Letterman, good laugh.

O'BRIEN: It was very funny.

HEMMER: That's right.

In a moment here, Michael Moore's film, "Fahrenheit 9/11," No. 1 at the box office over the weekend. Some people want the ads for that film pulled, and not because they're necessarily fans of the White House. Their explanation in a moment on "Political Pop" this morning, ahead after this.

(COMMERCIAL BREAK)

O'BRIEN: Good morning. Welcome back, everybody. Just about half past the hour on this AMERICAN MORNING. We've got "Political Pop" coming up in just a few moments. We're going to see if the panel has done their reading for the week.

We're talking about that big, old book written by President Clinton. What is it, 957 pages?

HEMMER: Get started.

O'BRIEN: If they've read that, they haven't done anything else all week. Well, believe it or not, a million copies, almost, have already been sold. We're going to find out what exactly is driving these record sales.

HEMMER: Also in a moment, Sanjay's back. Stops by to show an amazing little device that can be surgically implanted to help people lose weight. How does it work? Who's a good candidate? We'll find out more about that in a moment here with the good doctor.

O'BRIEN: All right. Let's take you to President Bush. He's heading back to the U.S. after wrapping up a five-day trip to Ireland and Turkey. Looking at Air force One there, sitting on the tarmac in Istanbul.

The president had been discussing the situation in Iraq while attending a summit of NATO leaders in Istanbul. And in fact, it looks like the Air Force One is just pulling out of the tarmac, heading back to the United States now.

In a speech that we showed a little bit earlier here on CNN, Mr. Bush pushed for Democratic reforms across the Middle East, pointing to Iraq's new government as an example of a positive change.

(BEGIN VIDEO CLIP)

BUSH: Just 15 months the Iraqi people have left behind one of the worst regimes in the Middle East. And their country is becoming the world's newest democracy. The world has seen a great event in the history of Iraq, in the history of the Middle East and of the history of liberty.

(END VIDEO CLIP)

O'BRIEN: Again as that plane, Air Force One, with President Bush and first lady Laura Bush onboard, gets ready to taxi out and pull out of Istanbul, heading back to the United States.

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