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Overview of New Iraq Court System, Special Tribunal

Aired June 30, 2004 - 13:30   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.


FREDRICKA WHITFIELD, CNN ANCHOR: Here are the latest developments. A shoot out in Saudi Arabia. Intelligence sources tell CNN a handful of militants and a Saudi policeman have been killed in Riyadh. And at last word, the shooting not over. Officials believe the militants are linked to al Qaeda.
President Bush is commending the American civilian in charge of Iraq for the last year, Paul Bremer. Bush invited Bremer, just back from Iraq, to White House for lunch. Earlier today, Bremer voiced confidence that Iraq's newly minted government can bring stability to the country. But conceded that a difficult time still lay ahead.

And here's a familiar warning for the Fourth from the federal government. Americans are urged to use fireworks safely and legally, not like in this demonstration. Fireworks injuries were up last year. More than 9,000 people went to the emergency room. Two-thirds of them in the month surrounding the Fourth of July.

KYRA PHILLIPS, CNN ANCHOR: Courthouses without power, no books, not even enough legal training. This is how one U.S. judge describes the Iraqi legal system. Former federal Judge Steve Orlofsky was sent to Iraq on a mission, to help get lawyers and judges to operating democratically. It's a challenge considering these will be the men and women also taking on the fate of Saddam Hussein.

For some insights on the special Iraqi tribunal and the existing legal, Steve join us from Philadelphia. Pleasure to have you.

JUDGE STEVE ORLOFSKY, IRAQI JUDICIAL ASSESSMENT TEAM: Thank you for having me. It's pleasure to be here.

PHILLIPS: We've had an interesting conversation to this point. So let's bring it to our viewers. When you went overseas, you had to interview a number of these judges, you had to go to the courthouses. Tell me what you saw and recommendations you made to the Iraqis to get this judicial system up and running.

ORLOFSKY: Well first of all with respect to courthouses in the five cities in which I visited courthouses in south central Iraq, most of them were stripped bare. They were empty shells everything from doorknobs to light bulbs had been taken, principally as a result of the looting that occurred prior to the war.

There was no power, or intermittent power. There was no telephone service. There were no books, no access to the Internet. The kinds of things like West Law and Lexus that lawyers and judges take for granted in the United States. So physically the courts were not in a very good -- in very good condition to operate, just on a -- from a logistical perspective.

With respect to the judges, many of the judges I interviewed had been appointed by Saddam. There were a few who I interviewed who had been appointed as interim judges by local military commanders and had only been sitting for a few weeks when I got there.

My general impression of the Iraqi judicial system which existed during the regime of Saddam was that it was inefficient, probably not well trained. In many respects, corrupt. It was not unusual for money to change hands on a regular basis, to influence the outcome of case cases.

What struck me was the contrast between the interviews that I conducted with the judges and the members of the Iraqi bar. The Iraqi judiciary said they were unaware of any corruption in the system and the Iraqi lawyers I interviewed in each location told me that the system was absolutely rife with corruption.

PHILLIPS: All right, Steve, let's talk about the special Iraqi tribunal. This is separate from the judicial system, the generic judicial system you came over and helped with in Iraq.

ORLOFSKY: That's correct.

PHILLIPS: OK, so these judges that you interviewed, the judges -- some appointed by Saddam Hussein, some that carried out legitimate activity, others did not.

These judges, will some of them be selected for this special tribunal?

ORLOFSKY: It is possible, although I doubt it because the special Iraqi tribunal which was created in December of last year, has certain eligibility requirements. One of which is anyone to be considered to be a judge or a prosecutor on that tribunal cannot of had any Ba'ath Party connections.

And most of the judges -- in fact, all of them that I interviewed, had Ba'ath Party connections.

PHILLIPS: Interesting.

OK, so back to the tribunal also. Let's talk about how this will operate. A couple interesting things and that is -- let me ask you the question. Is Saddam Hussein going to get a fair trial? I know we talked about this. And if yes, let's talk about why and what is unique about his rights.

ORLOFSKY: Well, what's unique is the special Iraqi tribunal contains rights or establishes rights for the defendant who is charged with a crime in much the same manner that our Bill of Rights and the constitutions of many states establish rights for defendants who are accused of crimes.

He has the right to counsel. He has the right to appointed counsel -- if he can't afford counsel. He has the right to notice of charges, the right to a public trial.

He doesn't have the right to a jury trial because the Iraqi civil system does not afford jury trials. So that's not a right he has.

But he has just about -- in theory -- the same rights that any defendant in the United States would have, including right to remain silent and not testify against himself. And moreover a judge on the special tribunal cannot draw an adverse inference from the exercise of his right to remain silent.

PHILLIPS: OK that was my question was the right to remain silent.

So right now, from this point, before the tribunal -- let's go back to the existing judicial system. And the judges -- you said a number these judges apparently operated fairly, even though maybe they had been appointed under Saddam Hussein because when it came down to Saddam wanting to be found guilty he had his own ways of handling things, right?

ORLOFSKY: That's correct. He had his special courts which operate outside the judicial system. And obviously, there were instances where he resorted simply to murder and violence and didn't resort to any sort of judicial intervention.

PHILLIPS: OK, my final question, special Iraqi tribunal. Is he going to get a fair trial? We talked about his rights, you've talked about the right to remain silent, and all the various rights he will have. But when it comes down to it, can it be guaranteed that this will be fair?

ORLOFSKY: Well, I think the attempt in creating the special Iraqi tribunal, in creating that rights and -- for the defendant and the duties of the judicial officers is an attempt to reestablish the rule of law and, certainly, an attempt to give Saddam or anyone else who might be brought before this tribunal a fair trial.

Whether he actually gets a fair trial, we'll have to await the events. It certainly will depend to a large extent on the courage and determination and quality of the judges before whom the case is tried.

PHILLIPS: Steve, are you going to go back to Iraq?

ORLOFSKY: No one has asked me and I'm not volunteering.

PHILLIPS: I know your wife has been influential in that decision.

ORLOFSKY: Yes.

PHILLIPS: Former federal Judge Steve Orlofsky, thank you so much.

ORLOFSKY: Thank you for having me.

PHILLIPS: All right. CNN will be there for Saddam's day in court. Stay with us throughout the night for our special live coverage of Saddam Hussein's arraignment. It begins at 2:00 a.m. Eastern, so you better stay up, or 11 p.m.

WHITFIELD: Well still unclear, the fate of Saddam Hussein and the country he ruled for nearly 24 years. CNN's Aaron Brown looks at the enormous risks for a country one analyst calls the heart of darkness.

(BEGIN VIDEOTAPE)

AARON BROWN, CNN CORRESPONDENT (voice-over): It may not look like much, but this Iraqi police headquarters in the southern city of Kut is a crucial element in the future of a sovereign Iraq. "We are ready," says the chief of police, "to provide security for our people without the help of foreign fighters." And he better be right.

AMATZIA BARAM, SENIOR FELLOW, U.S. INSTITUTE OF PEACE: I'm giving this government 50 percent chance of success. Success from this government's point of view is avoiding disaster. It is very minimal expectation, but it's a lot.

BROWN: The overall landscape of Iraq is treacherous both in terms of politics and, of course, in terms of violence. According to figures published by the Brookings Institution, more than 1,700 Iraqi civilians have been killed in the past year during the insurgency, numbers not likely to decrease significantly because Iraqis now have legal power over their own country.

BATHSHEBA CROCKER, CENTER FOR STRATEGIC AND INTERNATIONAL STUDIES: What we're seeing, I think, is just people inside the country who really want to disrupt the transition and make sure that it doesn't succeed. And I think that you're going to have that interest whether or not the United States is running Iraq.

BROWN: There are a wealth of political problems, and here is one. Iraqi Kurds in the north are a potential flash point. How much autonomy will they genuinely receive? And how much Arabs they anger could wreck the new government. The key, according to experts, is to make sure that everyone is a little bit disappointed.

BARAM: Which means the Kurds give up the idea of independence, don't conquer Kirkuk, but the Arabs accept a need for autonomy for the Kurds and hopefully over time the Kurds will become more and more integrated into a prosperous Iraq.

BROWN: But Iraq is not hopeless. Prosperity is on the horizon. Iraq is currently producing just about the same amount of oil it did before the war. And finally electricity is being produced at prewar levels as well.

PHOEBE MARR, AUTHOR, "THE MODERN HISTORY OF IRAQ": A number of middle-class Iraqis, professionals, people who work for the government, teachers and so on who are employed are getting three times the salary they did under Saddam. Those people are going out into the marketplace and buying refrigerators, satellite TVs, improving their houses and thereby at the retail level, increasing business for retail merchants.

BROWN: The one thing that will not change, it seems, under Iraqi sovereignty is the presence of American troops. They will be there in significant numbers, well over 100,000, for at least 18 more months if for no other reason than the very unpredictability of life in an extremely turbulent land.

BARAM: This is the heart of darkness. Iraq is the Middle East's heart of darkness. And when you go into the heart of darkness, you don't know what you'll find.

BROWN: Aaron Brown, CNN, New York.

(END VIDEOTAPE)

PHILLIPS: Nicole Kidman, is she kidding? Well, we're still surprised at what she says is behind her lean look. And why she hasn't found Mr. Right. Get the scoop, next.

And is this guy Mr. Wrong? Later on LIVE FROM... our guest takes on Flint, Michigan's most famous filmmaker. Is Michael Moore really the home-spun every man he wants you to think he is? More on LIVE FROM...

(COMMERCIAL BREAK)

WHITFIELD: The International Space Station crew will face several obstacles during a risky space walk today. In about four hours two astronauts will float outside the Space Station to replace a broken circuit board. Their first attempt at the job was cut short last week after one of the oxygen tanks sprang a leak. Today, they will travel over potentially dangerous terrain. They could experience communication blackouts.

PHILLIPS: News across America now. Nine new radio stations putting their money where Howard Stern's mouth is. The bombastic radio host made the announcement today and gave a tongue lashing to Clear Channel media giant for its efforts to, quote, "throw him under the bus."

(BEGIN VIDEO CLIP)

HOWARD STERN, RADIO TALK SHOW HOST: Today, I am pleased to announce, in the face of all of this FCC crap, in the face of being thrown off stations, in the face of being threatened that I'm supposedly not allowed back on it in other markets...

ROBIN QUIVERS, CO-HOST: In the face of being fined.

STERN: I am going back on -- and I am adding nine new stations to my network. This is unbelievable to me because I never thought I'd be announcing this.

(END VIDEO CLIP) PHILLIPS: Moving on to another subject -- well maybe. Bunch of losers out there. Actually, there were millions left holding their tickets last night. No winner in the Megamillions lottery. And $220 million remains unclaimed. The next drawing is set for Friday. Lottery officials predict the next jackpot will hit at least $280 million.

And they're playing the numbers in Washington. The Fed announces new interest rates coming up at 2:15. We'll bring it to you as soon as they call them.

WHITFIELD: And he's been missing since April 9. Army Specialist Keith Matthew Maupin. Now we want to take you to Union Township, New Jersey where Brigadier General Michael Beasley is now updating folks there about the case of the missing Army specialist.

(JOINED IN PROGRESS)

BRIG. GEN. MICHAEL BEASLEY, U.S. ARMY: ... Department of Defense officials put together a briefing team to basically tell the Maupin family about the efforts of the past couple of months in attempting to locate and, as appropriate, arrange for the release of Specialist Maupin.

The purpose of the briefing was procedural in nature to talk about process and to talk also about ongoing efforts. As you all know, there was videotape released a couple days ago. As you also know, the Department of Defense and the Department of the Army has stated the results of that videotape are totally inconclusive with the respect to the identity of Specialist Maupin. We have the same report as of now.

We went ahead and conducted the briefing because we knew of the Maupins' ongoing need for information about the efforts of the Department of Defense, the Department of the Army and the theater in attempting to help out Specialist Maupin.

So we did conduct the meeting exactly as planned. We knew that the media interest would be heightened because of the events of the past couple of days. And we just came out today to reassure you that, one, there is no bad information. There is no negative information with respect to Specialist Maupin that is known now.

We also are continuing full efforts in attempting to locate him and return him safely to his family. Sir.

UNIDENTIFIED MALE: I think General Beasley has said it well. The only point I would make is that the meeting we just had was requested 11 days ago after I'd had a briefing in Washington. I felt that the family could benefit from some of the same information.

This is part of a regular update the military has been giving the family and giving me and giving other interested elected officials who represent them.

It was a very good meeting. The family thought it was helpful to have additional information. But this meeting has nothing to do with the event of the last 48 hours, or the video, which, as you know, the Department of Defense has termed to be inconclusive.

This was part of a regular update. And, again, family has told me they thought the meeting was very helpful, just to provide them more information about the ongoing effort to rescue Specialist Matt Maupin.

QUESTION: General, can you talk a little bit about the intelligence efforts to analyze that tape?

BEASLEY: I won't speak of it as intelligence efforts. I will tell you that we are informed every effort possible has been made for further analysis of the tape. But that -- and that it remains inconclusive.

QUESTION: Can you tell us if the information on the tape is inconclusive, if, indeed, you have any additional information on Maupin's status or whereabouts?

BEASLEY: We do not.

QUESTION: Sir, you said that you had no bad information to report. (OFF-MIKE)?

BEASLEY: No, in fact, the status of the information known today is -- remains the status. The tape is entirely inconclusive. No conclusions at all can be drawn from it.

QUESTION: Are you in contact with either the Department of Army or officials in Baghdad about the ongoing search? Do you feel that you're getting enough information...

WHITFIELD: You've been listening to Brigadier General Michael Beasley out of Union Township, New Jersey. It's about an agonizing three months now for the family member of Specialist Keith Matthew Maupin. He's been missing since April 9 when his Army convoy was ambushed and he was then abducted.

Despite earlier reports a videotaping of this killing this brigadier general says there's no new or negative information about Maupin's whereabouts or disposition.

We're going to take a short break. We'll be right back.

(COMMERCIAL BREAK)

PHILLIPS: Well, the clock is ticking. We're just minutes away from the Fed's announcement on interest rates.

WHITFIELD: But the investors will be paying closer attention to what the Fed says than what it actually does.

Rhonda Schaffler is our expert and keeping tabs on the situation -- Rhonda.

RHONDA SCHAFFLER, CNN FINANCIAL CORRESPONDENT: Hey, Fredricka and Kyra.

Wall Street hanging on the Fed's words. They are eagerly awaited here. That's because, as you mentioned, we're pretty much sure what the Fed is going to do -- it's widely expected the Fed will raise interest rates by a quarter of a percentage point.

But the statement that comes along with that expected hike will be closely read and scrutinized for clues about the pace of future rate hikes. With the economy growing steadily, investors worry the Fed will play catch up by pushing rates up sharply and quickly.

At its last meeting the Fed said rates would be raised at a, quote, "measured pace." And that's they key phrase to look for today. If it's been deleted, that could indicate a more aggressive approach is on the way.

Here on Wall Street, stocks little changed ahead of that decision. Right now, the Dow is lower by 27 points. The Nasdaq, fairly flat. Analysts say the quarter point rate hike has already been priced into the market.

That decision, by the way, coming out at 2:15 Eastern, give or take a few -- Kyra, Fredricka.

PHILLIPS: Well, Rhonda, what's the story with this surge in K- Mart?

SCHAFFLER: Blue light special going on there, in some of the K- Mart stores. Sears is scooping up 54 K-Marts for more than $600 million. Investors cheering the sale, pushing K-Mart shares up about $4. Earlier this month, K-Mart sold 24 stores to Home Depot.

The deal is going to give K-Mart some much needed cash and it speeds up Sears' expansion plans. K-Mart says Sears will consider hiring current K-Mart workers at the stores that are being acquired.

That is the very latest news from Wall Street.

Kyra, Fredricka, all yours.

WHITFIELD: All right. Thanks a lot.

Well, coming up next in our second hour of LIVE FROM, that Fed announcement and what it might mean to you and your pocketbook.

PHILLIPS: Also, our guest takes on the everyman image of documentary sensation Michael Moore.

WHITFIELD: And tennis champ Andre Jagr (ph) joins us for a little Wimbledon talk and more, straight ahead when LIVE FROM continues right after this.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired June 30, 2004 - 13:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: Here are the latest developments. A shoot out in Saudi Arabia. Intelligence sources tell CNN a handful of militants and a Saudi policeman have been killed in Riyadh. And at last word, the shooting not over. Officials believe the militants are linked to al Qaeda.
President Bush is commending the American civilian in charge of Iraq for the last year, Paul Bremer. Bush invited Bremer, just back from Iraq, to White House for lunch. Earlier today, Bremer voiced confidence that Iraq's newly minted government can bring stability to the country. But conceded that a difficult time still lay ahead.

And here's a familiar warning for the Fourth from the federal government. Americans are urged to use fireworks safely and legally, not like in this demonstration. Fireworks injuries were up last year. More than 9,000 people went to the emergency room. Two-thirds of them in the month surrounding the Fourth of July.

KYRA PHILLIPS, CNN ANCHOR: Courthouses without power, no books, not even enough legal training. This is how one U.S. judge describes the Iraqi legal system. Former federal Judge Steve Orlofsky was sent to Iraq on a mission, to help get lawyers and judges to operating democratically. It's a challenge considering these will be the men and women also taking on the fate of Saddam Hussein.

For some insights on the special Iraqi tribunal and the existing legal, Steve join us from Philadelphia. Pleasure to have you.

JUDGE STEVE ORLOFSKY, IRAQI JUDICIAL ASSESSMENT TEAM: Thank you for having me. It's pleasure to be here.

PHILLIPS: We've had an interesting conversation to this point. So let's bring it to our viewers. When you went overseas, you had to interview a number of these judges, you had to go to the courthouses. Tell me what you saw and recommendations you made to the Iraqis to get this judicial system up and running.

ORLOFSKY: Well first of all with respect to courthouses in the five cities in which I visited courthouses in south central Iraq, most of them were stripped bare. They were empty shells everything from doorknobs to light bulbs had been taken, principally as a result of the looting that occurred prior to the war.

There was no power, or intermittent power. There was no telephone service. There were no books, no access to the Internet. The kinds of things like West Law and Lexus that lawyers and judges take for granted in the United States. So physically the courts were not in a very good -- in very good condition to operate, just on a -- from a logistical perspective.

With respect to the judges, many of the judges I interviewed had been appointed by Saddam. There were a few who I interviewed who had been appointed as interim judges by local military commanders and had only been sitting for a few weeks when I got there.

My general impression of the Iraqi judicial system which existed during the regime of Saddam was that it was inefficient, probably not well trained. In many respects, corrupt. It was not unusual for money to change hands on a regular basis, to influence the outcome of case cases.

What struck me was the contrast between the interviews that I conducted with the judges and the members of the Iraqi bar. The Iraqi judiciary said they were unaware of any corruption in the system and the Iraqi lawyers I interviewed in each location told me that the system was absolutely rife with corruption.

PHILLIPS: All right, Steve, let's talk about the special Iraqi tribunal. This is separate from the judicial system, the generic judicial system you came over and helped with in Iraq.

ORLOFSKY: That's correct.

PHILLIPS: OK, so these judges that you interviewed, the judges -- some appointed by Saddam Hussein, some that carried out legitimate activity, others did not.

These judges, will some of them be selected for this special tribunal?

ORLOFSKY: It is possible, although I doubt it because the special Iraqi tribunal which was created in December of last year, has certain eligibility requirements. One of which is anyone to be considered to be a judge or a prosecutor on that tribunal cannot of had any Ba'ath Party connections.

And most of the judges -- in fact, all of them that I interviewed, had Ba'ath Party connections.

PHILLIPS: Interesting.

OK, so back to the tribunal also. Let's talk about how this will operate. A couple interesting things and that is -- let me ask you the question. Is Saddam Hussein going to get a fair trial? I know we talked about this. And if yes, let's talk about why and what is unique about his rights.

ORLOFSKY: Well, what's unique is the special Iraqi tribunal contains rights or establishes rights for the defendant who is charged with a crime in much the same manner that our Bill of Rights and the constitutions of many states establish rights for defendants who are accused of crimes.

He has the right to counsel. He has the right to appointed counsel -- if he can't afford counsel. He has the right to notice of charges, the right to a public trial.

He doesn't have the right to a jury trial because the Iraqi civil system does not afford jury trials. So that's not a right he has.

But he has just about -- in theory -- the same rights that any defendant in the United States would have, including right to remain silent and not testify against himself. And moreover a judge on the special tribunal cannot draw an adverse inference from the exercise of his right to remain silent.

PHILLIPS: OK that was my question was the right to remain silent.

So right now, from this point, before the tribunal -- let's go back to the existing judicial system. And the judges -- you said a number these judges apparently operated fairly, even though maybe they had been appointed under Saddam Hussein because when it came down to Saddam wanting to be found guilty he had his own ways of handling things, right?

ORLOFSKY: That's correct. He had his special courts which operate outside the judicial system. And obviously, there were instances where he resorted simply to murder and violence and didn't resort to any sort of judicial intervention.

PHILLIPS: OK, my final question, special Iraqi tribunal. Is he going to get a fair trial? We talked about his rights, you've talked about the right to remain silent, and all the various rights he will have. But when it comes down to it, can it be guaranteed that this will be fair?

ORLOFSKY: Well, I think the attempt in creating the special Iraqi tribunal, in creating that rights and -- for the defendant and the duties of the judicial officers is an attempt to reestablish the rule of law and, certainly, an attempt to give Saddam or anyone else who might be brought before this tribunal a fair trial.

Whether he actually gets a fair trial, we'll have to await the events. It certainly will depend to a large extent on the courage and determination and quality of the judges before whom the case is tried.

PHILLIPS: Steve, are you going to go back to Iraq?

ORLOFSKY: No one has asked me and I'm not volunteering.

PHILLIPS: I know your wife has been influential in that decision.

ORLOFSKY: Yes.

PHILLIPS: Former federal Judge Steve Orlofsky, thank you so much.

ORLOFSKY: Thank you for having me.

PHILLIPS: All right. CNN will be there for Saddam's day in court. Stay with us throughout the night for our special live coverage of Saddam Hussein's arraignment. It begins at 2:00 a.m. Eastern, so you better stay up, or 11 p.m.

WHITFIELD: Well still unclear, the fate of Saddam Hussein and the country he ruled for nearly 24 years. CNN's Aaron Brown looks at the enormous risks for a country one analyst calls the heart of darkness.

(BEGIN VIDEOTAPE)

AARON BROWN, CNN CORRESPONDENT (voice-over): It may not look like much, but this Iraqi police headquarters in the southern city of Kut is a crucial element in the future of a sovereign Iraq. "We are ready," says the chief of police, "to provide security for our people without the help of foreign fighters." And he better be right.

AMATZIA BARAM, SENIOR FELLOW, U.S. INSTITUTE OF PEACE: I'm giving this government 50 percent chance of success. Success from this government's point of view is avoiding disaster. It is very minimal expectation, but it's a lot.

BROWN: The overall landscape of Iraq is treacherous both in terms of politics and, of course, in terms of violence. According to figures published by the Brookings Institution, more than 1,700 Iraqi civilians have been killed in the past year during the insurgency, numbers not likely to decrease significantly because Iraqis now have legal power over their own country.

BATHSHEBA CROCKER, CENTER FOR STRATEGIC AND INTERNATIONAL STUDIES: What we're seeing, I think, is just people inside the country who really want to disrupt the transition and make sure that it doesn't succeed. And I think that you're going to have that interest whether or not the United States is running Iraq.

BROWN: There are a wealth of political problems, and here is one. Iraqi Kurds in the north are a potential flash point. How much autonomy will they genuinely receive? And how much Arabs they anger could wreck the new government. The key, according to experts, is to make sure that everyone is a little bit disappointed.

BARAM: Which means the Kurds give up the idea of independence, don't conquer Kirkuk, but the Arabs accept a need for autonomy for the Kurds and hopefully over time the Kurds will become more and more integrated into a prosperous Iraq.

BROWN: But Iraq is not hopeless. Prosperity is on the horizon. Iraq is currently producing just about the same amount of oil it did before the war. And finally electricity is being produced at prewar levels as well.

PHOEBE MARR, AUTHOR, "THE MODERN HISTORY OF IRAQ": A number of middle-class Iraqis, professionals, people who work for the government, teachers and so on who are employed are getting three times the salary they did under Saddam. Those people are going out into the marketplace and buying refrigerators, satellite TVs, improving their houses and thereby at the retail level, increasing business for retail merchants.

BROWN: The one thing that will not change, it seems, under Iraqi sovereignty is the presence of American troops. They will be there in significant numbers, well over 100,000, for at least 18 more months if for no other reason than the very unpredictability of life in an extremely turbulent land.

BARAM: This is the heart of darkness. Iraq is the Middle East's heart of darkness. And when you go into the heart of darkness, you don't know what you'll find.

BROWN: Aaron Brown, CNN, New York.

(END VIDEOTAPE)

PHILLIPS: Nicole Kidman, is she kidding? Well, we're still surprised at what she says is behind her lean look. And why she hasn't found Mr. Right. Get the scoop, next.

And is this guy Mr. Wrong? Later on LIVE FROM... our guest takes on Flint, Michigan's most famous filmmaker. Is Michael Moore really the home-spun every man he wants you to think he is? More on LIVE FROM...

(COMMERCIAL BREAK)

WHITFIELD: The International Space Station crew will face several obstacles during a risky space walk today. In about four hours two astronauts will float outside the Space Station to replace a broken circuit board. Their first attempt at the job was cut short last week after one of the oxygen tanks sprang a leak. Today, they will travel over potentially dangerous terrain. They could experience communication blackouts.

PHILLIPS: News across America now. Nine new radio stations putting their money where Howard Stern's mouth is. The bombastic radio host made the announcement today and gave a tongue lashing to Clear Channel media giant for its efforts to, quote, "throw him under the bus."

(BEGIN VIDEO CLIP)

HOWARD STERN, RADIO TALK SHOW HOST: Today, I am pleased to announce, in the face of all of this FCC crap, in the face of being thrown off stations, in the face of being threatened that I'm supposedly not allowed back on it in other markets...

ROBIN QUIVERS, CO-HOST: In the face of being fined.

STERN: I am going back on -- and I am adding nine new stations to my network. This is unbelievable to me because I never thought I'd be announcing this.

(END VIDEO CLIP) PHILLIPS: Moving on to another subject -- well maybe. Bunch of losers out there. Actually, there were millions left holding their tickets last night. No winner in the Megamillions lottery. And $220 million remains unclaimed. The next drawing is set for Friday. Lottery officials predict the next jackpot will hit at least $280 million.

And they're playing the numbers in Washington. The Fed announces new interest rates coming up at 2:15. We'll bring it to you as soon as they call them.

WHITFIELD: And he's been missing since April 9. Army Specialist Keith Matthew Maupin. Now we want to take you to Union Township, New Jersey where Brigadier General Michael Beasley is now updating folks there about the case of the missing Army specialist.

(JOINED IN PROGRESS)

BRIG. GEN. MICHAEL BEASLEY, U.S. ARMY: ... Department of Defense officials put together a briefing team to basically tell the Maupin family about the efforts of the past couple of months in attempting to locate and, as appropriate, arrange for the release of Specialist Maupin.

The purpose of the briefing was procedural in nature to talk about process and to talk also about ongoing efforts. As you all know, there was videotape released a couple days ago. As you also know, the Department of Defense and the Department of the Army has stated the results of that videotape are totally inconclusive with the respect to the identity of Specialist Maupin. We have the same report as of now.

We went ahead and conducted the briefing because we knew of the Maupins' ongoing need for information about the efforts of the Department of Defense, the Department of the Army and the theater in attempting to help out Specialist Maupin.

So we did conduct the meeting exactly as planned. We knew that the media interest would be heightened because of the events of the past couple of days. And we just came out today to reassure you that, one, there is no bad information. There is no negative information with respect to Specialist Maupin that is known now.

We also are continuing full efforts in attempting to locate him and return him safely to his family. Sir.

UNIDENTIFIED MALE: I think General Beasley has said it well. The only point I would make is that the meeting we just had was requested 11 days ago after I'd had a briefing in Washington. I felt that the family could benefit from some of the same information.

This is part of a regular update the military has been giving the family and giving me and giving other interested elected officials who represent them.

It was a very good meeting. The family thought it was helpful to have additional information. But this meeting has nothing to do with the event of the last 48 hours, or the video, which, as you know, the Department of Defense has termed to be inconclusive.

This was part of a regular update. And, again, family has told me they thought the meeting was very helpful, just to provide them more information about the ongoing effort to rescue Specialist Matt Maupin.

QUESTION: General, can you talk a little bit about the intelligence efforts to analyze that tape?

BEASLEY: I won't speak of it as intelligence efforts. I will tell you that we are informed every effort possible has been made for further analysis of the tape. But that -- and that it remains inconclusive.

QUESTION: Can you tell us if the information on the tape is inconclusive, if, indeed, you have any additional information on Maupin's status or whereabouts?

BEASLEY: We do not.

QUESTION: Sir, you said that you had no bad information to report. (OFF-MIKE)?

BEASLEY: No, in fact, the status of the information known today is -- remains the status. The tape is entirely inconclusive. No conclusions at all can be drawn from it.

QUESTION: Are you in contact with either the Department of Army or officials in Baghdad about the ongoing search? Do you feel that you're getting enough information...

WHITFIELD: You've been listening to Brigadier General Michael Beasley out of Union Township, New Jersey. It's about an agonizing three months now for the family member of Specialist Keith Matthew Maupin. He's been missing since April 9 when his Army convoy was ambushed and he was then abducted.

Despite earlier reports a videotaping of this killing this brigadier general says there's no new or negative information about Maupin's whereabouts or disposition.

We're going to take a short break. We'll be right back.

(COMMERCIAL BREAK)

PHILLIPS: Well, the clock is ticking. We're just minutes away from the Fed's announcement on interest rates.

WHITFIELD: But the investors will be paying closer attention to what the Fed says than what it actually does.

Rhonda Schaffler is our expert and keeping tabs on the situation -- Rhonda.

RHONDA SCHAFFLER, CNN FINANCIAL CORRESPONDENT: Hey, Fredricka and Kyra.

Wall Street hanging on the Fed's words. They are eagerly awaited here. That's because, as you mentioned, we're pretty much sure what the Fed is going to do -- it's widely expected the Fed will raise interest rates by a quarter of a percentage point.

But the statement that comes along with that expected hike will be closely read and scrutinized for clues about the pace of future rate hikes. With the economy growing steadily, investors worry the Fed will play catch up by pushing rates up sharply and quickly.

At its last meeting the Fed said rates would be raised at a, quote, "measured pace." And that's they key phrase to look for today. If it's been deleted, that could indicate a more aggressive approach is on the way.

Here on Wall Street, stocks little changed ahead of that decision. Right now, the Dow is lower by 27 points. The Nasdaq, fairly flat. Analysts say the quarter point rate hike has already been priced into the market.

That decision, by the way, coming out at 2:15 Eastern, give or take a few -- Kyra, Fredricka.

PHILLIPS: Well, Rhonda, what's the story with this surge in K- Mart?

SCHAFFLER: Blue light special going on there, in some of the K- Mart stores. Sears is scooping up 54 K-Marts for more than $600 million. Investors cheering the sale, pushing K-Mart shares up about $4. Earlier this month, K-Mart sold 24 stores to Home Depot.

The deal is going to give K-Mart some much needed cash and it speeds up Sears' expansion plans. K-Mart says Sears will consider hiring current K-Mart workers at the stores that are being acquired.

That is the very latest news from Wall Street.

Kyra, Fredricka, all yours.

WHITFIELD: All right. Thanks a lot.

Well, coming up next in our second hour of LIVE FROM, that Fed announcement and what it might mean to you and your pocketbook.

PHILLIPS: Also, our guest takes on the everyman image of documentary sensation Michael Moore.

WHITFIELD: And tennis champ Andre Jagr (ph) joins us for a little Wimbledon talk and more, straight ahead when LIVE FROM continues right after this.

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