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American Morning

Homeland Insecurity?; Update on Scott Peterson Trial

Aired September 07, 2004 - 09:30   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.


BILL HEMMER, CNN ANCHOR: Welcome back, everyone. It's just past 9:30 here in New York City. Good morning again. Kelly Wallace is with us here on AMERICAN MORNING. Good morning to you.
KELLY WALLACE, CNN ANCHOR: Good morning. We're in the home stretch.

HEMMER: Home stretch now, 30 minutes, here we go.

WALLACE: Yes, yes.

HEMMER: The lawyers for the woman who accuses Kobe Bryant of sexual assault are now speaking out. In a few moments, our conversation with the two of them today. Find out why their client decided against participating in the criminal case, and what she wants to do now. Their first TV interview coming up here in a few minutes.

WALLACE: Bill, also, we will talk to the author of the book, "Fortress America." He is right here. He says the Department of Homeland Security is being neglected by the Bush administration since its creation almost two years ago. We'll talk about what he sees as the main problems.

HEMMER: All right. First, though, Betty Nguyen watching the top stories at the CNN center.

Betty -- good morning.

BETTY NGUYEN, CNN ANCHOR: A lot to tell you about. Good morning, Bill.

In Moscow, tens of thousands of people are turning out to say no to terror. More than 100,000 people are expected to take part in a massive rally now under way in Red Square. The gathering comes on the second day of Russia's national mourning after the killings at a middle school near the Chechen border.

In southwestern China, torrential rains have killed at least 100 people. Rising floodwaters, like these that you're about to see, forced the rescue of people on a boat and people by boats. More than 5,000 Chinese army and navy personnel are helping with flood relief; this, after five days of nonstop downpours.

Researchers have found a possible link between teenage sexual activity and television. A scientist with the Rand Corporation says adolescents who watch a lot of TV with sexual content are twice as likely to engage in sexual behavior earlier in life. The study appears in "The Journal of Pediatrics."

Back to you -- Kelly.

WALLACE: Thanks so much, Betty.

Are Americans safer now than before the Department of Homeland Security was created nearly two years ago? Our next guest says the answer is a resounding no.

Journalist Matthew Brzezinski has written extensively about homeland security issues. His new book is titled "Fortress America." Matthew Brzezinski is with us here now in New York.

Thanks so much for being with us.

MATTHEW BRZEZINSKI, AUTHOR, "FORTRESS AMERICA": Good morning. Thanks for having me.

WALLACE: Well, you say in your book -- or you charge that the Department of Homeland Security is under-funded, plagued by special interests, relegated to bureaucratic obscurity. Your critics will say, since September 11 there hasn't been one major terrorist attack, one attack at all, inside the United States.

BRZEZINSKI: Well, that's a very dangerous path to go down. Just because we haven't had an attack doesn't mean that we're not going to have one this week, next week or next month.

Remember, it took between five to six years to plan 9/11. And, you know, these operations are not done in a month or in a few weeks. You know, the lead time for terrorist groups on major strikes is measured in years. So just because it's been almost three years, it doesn't mean that it's not going to happen.

WALLACE: What's the main problem you see with this massive agency, the Department of Homeland Security?

BRZEZINSKI: The main problem is its principal role is to create the illusion of security without actually doing that much about it. I mean, they have no money.

I remember going there, and I was one of the first journalists they let in there, and I was shocked. You go down -- I was expecting -- you know, this is 188,000 people who work there, 22 government agencies if you look at all of the things they do. I mean, it is a colossus on paper. You go down this narrow, little alley and you get to this unpainted steel door and what looks -- I don't want to be uncharitable, but what looks like the janitor's office. And that's the Department of Homeland Security.

WALLACE: You do something very interesting in "Mother Jones" magazine. You compared the spending in Iraq, the war in Iraq, with homeland security. You take a look at the total spending for Iraq, $150 billion versus $27 billion for the Department of Homeland Security. Again, you know what some critics are saying. They're saying some of that money that's being spent in Iraq is going to protect the United States. What do you say to that?

BRZEZINSKI: Absolutely no evidence of that. To the contrary, the evidence and public opinion polls conducted around the Middle East have shown that, you know, the standing of the United States has just plummeted, so we're actually creating a greater pool of potential recruits for al Qaeda.

You know, meanwhile at home, 27 billion for the Department of Homeland Security, it's a bit of Enron-style accounting; 19 billion of this existed before 9/11, before DHS was created, because, you know, we had customs. You know, we had the INS and all of these other 22 agencies which had budgets. So, it's just lumping it all together, which makes it sound good.

WALLACE: I want to go into also because you're in that "Mother Jones" magazine, you also talk about money for screening baggage at airports. You say the amount needed to equip all U.S. airports with machines to detect explosives is $3 billion. You say that's equivalent to 10 days in Iraq.

You also say that President Bush's budget allocation for baggage screening machines, $400 million, equivalent, you say, to 32 hours in Iraq.

Here's the question, though: If this money were not being spent in Iraq, is there a guarantee that the U.S. administration, the U.S. Congress would be devoting all of this money to baggage screening at airports?

BRZEZINSKI: I mean, I'll give you an even more outrageous example, which seems to indicate that, yes, we would. Right now, there's a dire shortage of radiation detection equipment at our ports. It would cost roughly $300 million to buy portals for all of the ports of entry into this country, to screen all of the cargo containers coming in. That's roughly the equivalent of one day's spending. Well, right now we only have enough money for $43 million.

So, recently, Tom Ridge went to the port of Los Angeles.

WALLACE: The secretary of homeland security?

BRZEZINSKI: Yes. For a media day to show all of the security updates. Well, this is largest port in the United States; 40 percent of all of the cargo coming into this country comes through there. They didn't have a radiation portal.

So do you know what they did? They dismantled one on the Canadian border, flew it into Los Angeles just so they could show the media that -- I mean, this is pretend security. This is not reality.

WALLACE: All right, Matthew Brzezinski, we have to leave it there. An interesting, some critics might say controversial new book, "Fortress America." We appreciate you being here in New York City with us.

BRZEZINSKI: Thank you.

WALLACE: Bill -- back to you.

HEMMER: About 24 minutes, Kelly, before the hour now.

Testimony is set to resume today in the Scott Peterson double- murder case. Prosecutors are expected to focus on DNA evidence in the boat that they claim that Peterson used to dump his wife's body into the ocean.

Rusty Dornin live in Redwood City in California with more.

Rusty -- good morning.

RUSTY DORNIN, CNN CORRESPONDENT: Well, Bill, the DNA testimony is not expected to begin until tomorrow. Until then we'll have some so-called filler witnesses. One of those is expected to be Scott Peterson's father, Lee.

Meantime, as prosecutors build their circumstantial case, they're trying to use every lie that Scott Peterson told every trip he took to the San Francisco Bay to point to his guilt.

Meantime, the defense is saying this a man worried about his wife, who was relentlessly pursued police and the media.

(BEGIN VIDEOTAPE)

DORNIN (voice over): It was a game of cat and mouse. That's how one undercover Modesto police officer described the surveillance of Scott Peterson in the weeks following his wife, Laci's, disappearance.

Peterson made three trips to the Berkeley marina, where he told police he went fishing the day his wife disappeared. Prosecutors say it was to visit the scene of the crime, perhaps out of fear his wife's body would surface. But the defense says the trips to the bay were prompted by the news media.

CHUCK SMITH, LEGAL ANALYST: It brought out the fact that there were news reports. It was broadcast. The police department was letting the word out that there were searches going on, and that it was appropriate or OK for Scott Peterson to be going to these locations to see if something might be found to discover where his wife might be.

DORNIN: Officers testified Peterson rented different cars and often drove erratically. Defense attorney Mark Geragos maintains Peterson was trying to escape the prying press. Officers testified that Peterson did spend a lot of time putting up missing posters for his wife.

Earlier last week, a dog handler testified that tracking dogs shown here picked up Laci Peterson's scent at the end of a pier in the Berkeley marina. The defense then confronted the handler with this tape, showing the dog failed to track a subject in a situation similar to the technique used for Laci Peterson and targeted the photographer as the subject. The dog later picked up the search subject's scent.

Up next this week, DNA testimony. The controversial hair found on pliers that prosecutors say places Laci Peterson in her husband's boat when they claim she didn't know he had one.

(END VIDEOTAPE)

It's, frankly, expected to be some pretty mind-numbing testimony, at least it was during the preliminary hearing. The prosecutors are going to have a tough time keeping the jurors' attention, and also convincing them that this is a science that they can believe in. It's called mitochondrial DNA. It's not quite as accurate as the genetic fingerprinting of normal DNA. So, we'll just have to see what happens -- Bill.

HEMMER: That we will. Rusty, thanks. Rusty Dornin in California this morning.

Now, the sexual assault case against Kobe Bryant fell apart last week when his accuser backed out. Now, for the first time on television, in fact, here on AMERICAN MORNING last hour, the woman's attorneys explained now how Bryant's apology helped influence her decision.

(BEGIN VIDEOTAPE)

HEMMER: Here is the statement, the apology from Kobe Bryant: "I want to apologize directly to the young woman involved in this incident. I want to apologize to her for my behavior that night and for the consequences she has suffered in the past year. Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did."

How important was that statement to your client?

L. LIN WOOD, ATTORNEY FOR BRYANT'S ACCUSER: Well, the next sentence in the paragraph you were reading goes on to say that Bryant admits that looking at the evidence, hearing her attorneys, and hearing her testify, that he recognizes that she sincerely believes that this was a non-consensual encounter. That's a remarkable admission.

Remember, this started off, Bill, with Kobe Bryant having to publicly admit that he had committed adultery. He had initially told the police that he had no sexual encounter with our client. And now it ends, in effect, the criminal case with Kobe Bryant having to issue a public apology directly to this young girl and to her family acknowledging that he does not question her motives in pursuing the case. And then making this admission that I think is remarkable.

HEMMER: As the civil suit moves forward, what are you seeking?

WOOD: Well, we're seeking fair compensation for this young girl for the injury done.

HEMMER: What's considered fair?

WOOD: You know, it's up to a jury ultimately to decide what she deserves in terms of fair compensation. The injury is enormous. This young girl will live with the scars of this rape for the rest of her life.

HEMMER: Then if you're going to proceed with a civil case, you're going to continue possibly to open her up to the possibility that she's going to be exposed in a way that will see her victimized yet again, as you state. John, is that a concern?

JOHN CLUNE, ATTORNEY FOR BRYANT'S ACCUSER: Not so much, and here's why. There were certain protections that the criminal case was supposed to afford this young girl, and the criminal case failed in offering those protections. The things that were supposed to protect her from being abused publicly, being besmirched in the media, from having her non-relevant sexual history, mental health history, those types of things were all things that the criminal case was supposed to cover for her, and it didn't happen.

(END VIDEOTAPE)

HEMMER: Again, that's John Clune and Lin Wood last hour, attorneys for the woman accusing Kobe Bryant of sexual assault -- Kelly.

WALLACE: Thanks, Bill.

(WEATHER BREAK)

HEMMER: In a moment here, one U.S. airliner is another step closer to sinking deeper into the red. Andy has that, "Minding Your Business" in a moment here.

WALLACE: Plus, Bill, Dr. Sanjay Gupta has the latest on former President Bill Clinton's recovery. What must he do to get back on the road to wellness? There's a lesson here for all of us. Stay with us.

(COMMERCIAL BREAK)

HEMMER: The former president, Bill Clinton, is on the road to a full recovery, we're told today, after undergoing a quadruple bypass operation. Dr. Sanjay Gupta is outside the hospital here in New York with more on the procedure and now the prognosis.

Doctor -- good morning.

SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Good morning, Bill.

Yes, he's resting comfortably now. The breathing tube is out. And he's having a fairly routine recovery, not unlike the other 1,000 or so patients that had this operation yesterday.

The question was: How close was he to a heart attack? Doctors say very close, within a couple of weeks even it may have happened.

(BEGIN VIDEOTAPE)

GUPTA (voice over): A procedure that's done 1,000 times a day in America was done yesterday on a former president: cardiac bypass surgery. The result? Successful.

DR. CRAIG SMITH, NEW YORK PRESBYTERIAN HOSPITAL: He had a relatively routine quadruple bypass operation. We left the operating room around noon, and he is recovering normally at this point.

GUPTA: During the operation, Clinton's chest was opened, his heart was stopped, and he was put on a heart-lung machine. The bypass procedure was then performed, and his heart was restarted. The operation took four hours. It will be two or three months before Mr. Clinton is 100 percent.

SMITH: It would be common for him to be ready to leave the hospital within four or five days. Right now, based on how he's doing, there's no reason to think he wouldn't fall within the same experience.

DR. ALLAN SCHWARTZ, NEW YORK PRESBYTERIAN HOSPITAL: At home, he'll have a schedule of exercise that will gradually increase, and he will gradually resume an entirely normal physical exercise and work schedule.

GUPTA: Bill Clinton has had access to the world's best medical care. But that can't erase a lifetime of bad eating habits and a family history of heart problems.

And so the larger message of Mr. Clinton's surgery may be increased awareness of the No. 1 killer of men and women in America: heart disease.

(END VIDEOTAPE)

And to be clear, though, Bill, he had a few months of symptoms. He said he wasn't feeling quite himself, having some pains and not being able to run as far as he could.

He also did something that a lot of people do. He confused that chest pain, at least initially, with reflux or indigestion. He did the right thing ultimately coming into the hospital and getting this checked out, Bill. An important message.

HEMMER: Yes, Sanjay, about 45 minutes ago you spoke with the doctor who handled the procedure. What did he say about the peculiarities of this procedure, and maybe what was special about it?

GUPTA: Yes, you know, I was very interested in that. Obviously, the president is like no other patient. I talked to Dr. Smith. I asked him that question, and this is what he had to say.

(BEGIN VIDEO CLIP) SMITH: The pressure here is to avoid bad decision-making because of over-concern about doing too much or too little, so that you either become too bold or too timid. So it's the decision-making and judgment that takes the heat here. And fortunately, I think it's also one of the things we learn to do. And that's what we mostly struggled with yesterday.

(END VIDEO CLIP)

GUPTA: He had a successful operation, no doubt. But there still will be a lot of second-guessing that he had the right sort of procedure. All of these sorts of things will be asked. The bottom line is, I think the president is going to do very well -- Bill.

HEMMER: All right, Sanjay, thanks for that.

GUPTA: Thank you.

HEMMER: Dr. Sanjay Gupta watching the former president -- Kelly.

WALLACE: Thanks, Bill.

Still to come, we saw what fast food might have done to the 42nd president. Does the government need to step in to protect the rest of us? A look at that just ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Welcome back, everyone.

U.S. Airways is dealt a setback. And with that and a check on the markets, Andy is back here "Minding Your Business."

And the markets are back open after the Labor Day holiday.

ANDY SERWER, "FORTUNE" MAGAZINE: Yes.

HEMMER: We had the Republican Convention last week. Everybody is back from the Hamptons, right?

SERWER: Yes, we got a little boom on that here this morning.

HEMMER: The volume is up.

SERWER: That's right. And perhaps because of some of those things, the market was up this morning. Let's check out the Big Board and take a look-see. Up 69 points on the Dow. The price of oil is down. Cisco is up. We got a little bit of an upgrade there. That stock is up 37 cents to $19.

One stock very active this morning is Intel. Now, get this. This stock has been under a lot of pressure. Over the past year, the stock is down 25 percent, making them chips. That's what that picture is right there, making those chips.

While the market has been up 10 percent, this stock has been down 25 percent over the past year. So those folks have got some work to do.

Let's talk a little bit about U.S. Airways here. As you mentioned, Bill, this is a serious matter. We found out this morning that last night the pilots' union rejected the airline's latest contract proposal. Maybe not a big surprise. Because the airline wanted to give back $295 million. Well, OK.

The point here, though, is the end of the month, the company could find itself in violation of its loan agreements. And that could mean a second go-around in chapter 11. You might remember it went into bankruptcy and emerged in the spring of 2003. Obviously, this airline is in a lot of trouble right now, as are a lot of other airlines.

HEMMER: Based out of Pittsburgh, right? U.S. Airways? No, no, no, no.

SERWER: No, that's -- I don't know the answer to that question. Philly? North Carolina? Because they had merged with Piedmont. I don't know.

HEMMER: Where's the angel in our ear right now?

SERWER: D.C. I think -- you know what? No, it's not it. That's just me. I think they're headquartered in Washington.

HEMMER: All right.

SERWER: But I'll have to check that for you.

HEMMER: Google.

WALLACE: OK.

SERWER: We'll check. Sorry I don't know that.

HEMMER: You got it -- Kelly.

WALLACE: If it were headquartered in Pennsylvania, a battleground state, which leads me to politics, hello, hello.

SERWER: Oh, good, Kelly, very nice.

WALLACE: As always, the presidential candidates make good fodder for late-night TV. Jay Leno just couldn't resist by poking fun at John Kerry over claims of flip-flopping on issues.

(BEGIN VIDEO CLIP)

JAY LENO, HOST, "THE TONIGHT SHOW WITH JAY LENO": Hey, did you read this strange story about this woman that was caught trying to pass a counterfeit $200 bill that had a picture of George Bush on it? It turns out there was also a John Kerry bill. Pretty realistic. He's on both sides. Yes.

(END VIDEO CLIP) WALLACE: Ouch! Leno there.

HEMMER: Fifty-six days and counting, right?

SERWER: Yes.

WALLACE: Yes, exactly. Late night laughs. And Toure is here with the "Question of the Day."

TOURE, "ROLLING STONE" MAGAZINE: Once again, it's on. Our question, we're talking about junk food. Should the government be regulating junk food like it does with tobacco and alcohol?

Jim from Frankfurt, Kentucky, says: "Not a single death has ever been attributed to marijuana use. That is true. Junk food has killed millions, yet it's perfectly legal. What's wrong with this picture?"

HEMMER: I think there is some (UNINTELLIGIBLE).

WALLACE: I don't know.

TOUR: Paging Dr. Toure.

Allen from Waco Texas: "Yes, the government should regulate junk food. Look, we are in a war with calories and fat. We should have a calorie czar who can join hands with the czar for the war on drugs to plan their strategy."

A very interesting idea.

And Mike from Canada, that's like saying, you know, John from Asia. OK.

SERWER: Yes, right.

TOURE: "There's no physical addiction to fried chicken. Sorry, Bill. And no need for it to be a controlled substance. Good grief, what's next? Buying chips and chocolate bars in the adult section of our local grocery store?"

But, Mike, you are wrong. There is a physical addiction to fried chicken. I've got it, baby.

HEMMER: I'm with you, too, by the way.

TOURE: I'm struggling, baby.

HEMMER: What's he talking about?

TOURE: Empirical evidence.

HEMMER: We're going straight to KFC right after this show.

TOURE: Don't get me off the wagon, baby.

HEMMER: You're on it with all four wheels. Next hour here on "CNN LIVE TODAY," back to Russia. What now is Russia's response to terrorism there? Betty Nguyen has that next hour. Back in a moment live on AMERICAN MORNING 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 September 7, 2004 - 09:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Welcome back, everyone. It's just past 9:30 here in New York City. Good morning again. Kelly Wallace is with us here on AMERICAN MORNING. Good morning to you.
KELLY WALLACE, CNN ANCHOR: Good morning. We're in the home stretch.

HEMMER: Home stretch now, 30 minutes, here we go.

WALLACE: Yes, yes.

HEMMER: The lawyers for the woman who accuses Kobe Bryant of sexual assault are now speaking out. In a few moments, our conversation with the two of them today. Find out why their client decided against participating in the criminal case, and what she wants to do now. Their first TV interview coming up here in a few minutes.

WALLACE: Bill, also, we will talk to the author of the book, "Fortress America." He is right here. He says the Department of Homeland Security is being neglected by the Bush administration since its creation almost two years ago. We'll talk about what he sees as the main problems.

HEMMER: All right. First, though, Betty Nguyen watching the top stories at the CNN center.

Betty -- good morning.

BETTY NGUYEN, CNN ANCHOR: A lot to tell you about. Good morning, Bill.

In Moscow, tens of thousands of people are turning out to say no to terror. More than 100,000 people are expected to take part in a massive rally now under way in Red Square. The gathering comes on the second day of Russia's national mourning after the killings at a middle school near the Chechen border.

In southwestern China, torrential rains have killed at least 100 people. Rising floodwaters, like these that you're about to see, forced the rescue of people on a boat and people by boats. More than 5,000 Chinese army and navy personnel are helping with flood relief; this, after five days of nonstop downpours.

Researchers have found a possible link between teenage sexual activity and television. A scientist with the Rand Corporation says adolescents who watch a lot of TV with sexual content are twice as likely to engage in sexual behavior earlier in life. The study appears in "The Journal of Pediatrics."

Back to you -- Kelly.

WALLACE: Thanks so much, Betty.

Are Americans safer now than before the Department of Homeland Security was created nearly two years ago? Our next guest says the answer is a resounding no.

Journalist Matthew Brzezinski has written extensively about homeland security issues. His new book is titled "Fortress America." Matthew Brzezinski is with us here now in New York.

Thanks so much for being with us.

MATTHEW BRZEZINSKI, AUTHOR, "FORTRESS AMERICA": Good morning. Thanks for having me.

WALLACE: Well, you say in your book -- or you charge that the Department of Homeland Security is under-funded, plagued by special interests, relegated to bureaucratic obscurity. Your critics will say, since September 11 there hasn't been one major terrorist attack, one attack at all, inside the United States.

BRZEZINSKI: Well, that's a very dangerous path to go down. Just because we haven't had an attack doesn't mean that we're not going to have one this week, next week or next month.

Remember, it took between five to six years to plan 9/11. And, you know, these operations are not done in a month or in a few weeks. You know, the lead time for terrorist groups on major strikes is measured in years. So just because it's been almost three years, it doesn't mean that it's not going to happen.

WALLACE: What's the main problem you see with this massive agency, the Department of Homeland Security?

BRZEZINSKI: The main problem is its principal role is to create the illusion of security without actually doing that much about it. I mean, they have no money.

I remember going there, and I was one of the first journalists they let in there, and I was shocked. You go down -- I was expecting -- you know, this is 188,000 people who work there, 22 government agencies if you look at all of the things they do. I mean, it is a colossus on paper. You go down this narrow, little alley and you get to this unpainted steel door and what looks -- I don't want to be uncharitable, but what looks like the janitor's office. And that's the Department of Homeland Security.

WALLACE: You do something very interesting in "Mother Jones" magazine. You compared the spending in Iraq, the war in Iraq, with homeland security. You take a look at the total spending for Iraq, $150 billion versus $27 billion for the Department of Homeland Security. Again, you know what some critics are saying. They're saying some of that money that's being spent in Iraq is going to protect the United States. What do you say to that?

BRZEZINSKI: Absolutely no evidence of that. To the contrary, the evidence and public opinion polls conducted around the Middle East have shown that, you know, the standing of the United States has just plummeted, so we're actually creating a greater pool of potential recruits for al Qaeda.

You know, meanwhile at home, 27 billion for the Department of Homeland Security, it's a bit of Enron-style accounting; 19 billion of this existed before 9/11, before DHS was created, because, you know, we had customs. You know, we had the INS and all of these other 22 agencies which had budgets. So, it's just lumping it all together, which makes it sound good.

WALLACE: I want to go into also because you're in that "Mother Jones" magazine, you also talk about money for screening baggage at airports. You say the amount needed to equip all U.S. airports with machines to detect explosives is $3 billion. You say that's equivalent to 10 days in Iraq.

You also say that President Bush's budget allocation for baggage screening machines, $400 million, equivalent, you say, to 32 hours in Iraq.

Here's the question, though: If this money were not being spent in Iraq, is there a guarantee that the U.S. administration, the U.S. Congress would be devoting all of this money to baggage screening at airports?

BRZEZINSKI: I mean, I'll give you an even more outrageous example, which seems to indicate that, yes, we would. Right now, there's a dire shortage of radiation detection equipment at our ports. It would cost roughly $300 million to buy portals for all of the ports of entry into this country, to screen all of the cargo containers coming in. That's roughly the equivalent of one day's spending. Well, right now we only have enough money for $43 million.

So, recently, Tom Ridge went to the port of Los Angeles.

WALLACE: The secretary of homeland security?

BRZEZINSKI: Yes. For a media day to show all of the security updates. Well, this is largest port in the United States; 40 percent of all of the cargo coming into this country comes through there. They didn't have a radiation portal.

So do you know what they did? They dismantled one on the Canadian border, flew it into Los Angeles just so they could show the media that -- I mean, this is pretend security. This is not reality.

WALLACE: All right, Matthew Brzezinski, we have to leave it there. An interesting, some critics might say controversial new book, "Fortress America." We appreciate you being here in New York City with us.

BRZEZINSKI: Thank you.

WALLACE: Bill -- back to you.

HEMMER: About 24 minutes, Kelly, before the hour now.

Testimony is set to resume today in the Scott Peterson double- murder case. Prosecutors are expected to focus on DNA evidence in the boat that they claim that Peterson used to dump his wife's body into the ocean.

Rusty Dornin live in Redwood City in California with more.

Rusty -- good morning.

RUSTY DORNIN, CNN CORRESPONDENT: Well, Bill, the DNA testimony is not expected to begin until tomorrow. Until then we'll have some so-called filler witnesses. One of those is expected to be Scott Peterson's father, Lee.

Meantime, as prosecutors build their circumstantial case, they're trying to use every lie that Scott Peterson told every trip he took to the San Francisco Bay to point to his guilt.

Meantime, the defense is saying this a man worried about his wife, who was relentlessly pursued police and the media.

(BEGIN VIDEOTAPE)

DORNIN (voice over): It was a game of cat and mouse. That's how one undercover Modesto police officer described the surveillance of Scott Peterson in the weeks following his wife, Laci's, disappearance.

Peterson made three trips to the Berkeley marina, where he told police he went fishing the day his wife disappeared. Prosecutors say it was to visit the scene of the crime, perhaps out of fear his wife's body would surface. But the defense says the trips to the bay were prompted by the news media.

CHUCK SMITH, LEGAL ANALYST: It brought out the fact that there were news reports. It was broadcast. The police department was letting the word out that there were searches going on, and that it was appropriate or OK for Scott Peterson to be going to these locations to see if something might be found to discover where his wife might be.

DORNIN: Officers testified Peterson rented different cars and often drove erratically. Defense attorney Mark Geragos maintains Peterson was trying to escape the prying press. Officers testified that Peterson did spend a lot of time putting up missing posters for his wife.

Earlier last week, a dog handler testified that tracking dogs shown here picked up Laci Peterson's scent at the end of a pier in the Berkeley marina. The defense then confronted the handler with this tape, showing the dog failed to track a subject in a situation similar to the technique used for Laci Peterson and targeted the photographer as the subject. The dog later picked up the search subject's scent.

Up next this week, DNA testimony. The controversial hair found on pliers that prosecutors say places Laci Peterson in her husband's boat when they claim she didn't know he had one.

(END VIDEOTAPE)

It's, frankly, expected to be some pretty mind-numbing testimony, at least it was during the preliminary hearing. The prosecutors are going to have a tough time keeping the jurors' attention, and also convincing them that this is a science that they can believe in. It's called mitochondrial DNA. It's not quite as accurate as the genetic fingerprinting of normal DNA. So, we'll just have to see what happens -- Bill.

HEMMER: That we will. Rusty, thanks. Rusty Dornin in California this morning.

Now, the sexual assault case against Kobe Bryant fell apart last week when his accuser backed out. Now, for the first time on television, in fact, here on AMERICAN MORNING last hour, the woman's attorneys explained now how Bryant's apology helped influence her decision.

(BEGIN VIDEOTAPE)

HEMMER: Here is the statement, the apology from Kobe Bryant: "I want to apologize directly to the young woman involved in this incident. I want to apologize to her for my behavior that night and for the consequences she has suffered in the past year. Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did."

How important was that statement to your client?

L. LIN WOOD, ATTORNEY FOR BRYANT'S ACCUSER: Well, the next sentence in the paragraph you were reading goes on to say that Bryant admits that looking at the evidence, hearing her attorneys, and hearing her testify, that he recognizes that she sincerely believes that this was a non-consensual encounter. That's a remarkable admission.

Remember, this started off, Bill, with Kobe Bryant having to publicly admit that he had committed adultery. He had initially told the police that he had no sexual encounter with our client. And now it ends, in effect, the criminal case with Kobe Bryant having to issue a public apology directly to this young girl and to her family acknowledging that he does not question her motives in pursuing the case. And then making this admission that I think is remarkable.

HEMMER: As the civil suit moves forward, what are you seeking?

WOOD: Well, we're seeking fair compensation for this young girl for the injury done.

HEMMER: What's considered fair?

WOOD: You know, it's up to a jury ultimately to decide what she deserves in terms of fair compensation. The injury is enormous. This young girl will live with the scars of this rape for the rest of her life.

HEMMER: Then if you're going to proceed with a civil case, you're going to continue possibly to open her up to the possibility that she's going to be exposed in a way that will see her victimized yet again, as you state. John, is that a concern?

JOHN CLUNE, ATTORNEY FOR BRYANT'S ACCUSER: Not so much, and here's why. There were certain protections that the criminal case was supposed to afford this young girl, and the criminal case failed in offering those protections. The things that were supposed to protect her from being abused publicly, being besmirched in the media, from having her non-relevant sexual history, mental health history, those types of things were all things that the criminal case was supposed to cover for her, and it didn't happen.

(END VIDEOTAPE)

HEMMER: Again, that's John Clune and Lin Wood last hour, attorneys for the woman accusing Kobe Bryant of sexual assault -- Kelly.

WALLACE: Thanks, Bill.

(WEATHER BREAK)

HEMMER: In a moment here, one U.S. airliner is another step closer to sinking deeper into the red. Andy has that, "Minding Your Business" in a moment here.

WALLACE: Plus, Bill, Dr. Sanjay Gupta has the latest on former President Bill Clinton's recovery. What must he do to get back on the road to wellness? There's a lesson here for all of us. Stay with us.

(COMMERCIAL BREAK)

HEMMER: The former president, Bill Clinton, is on the road to a full recovery, we're told today, after undergoing a quadruple bypass operation. Dr. Sanjay Gupta is outside the hospital here in New York with more on the procedure and now the prognosis.

Doctor -- good morning.

SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Good morning, Bill.

Yes, he's resting comfortably now. The breathing tube is out. And he's having a fairly routine recovery, not unlike the other 1,000 or so patients that had this operation yesterday.

The question was: How close was he to a heart attack? Doctors say very close, within a couple of weeks even it may have happened.

(BEGIN VIDEOTAPE)

GUPTA (voice over): A procedure that's done 1,000 times a day in America was done yesterday on a former president: cardiac bypass surgery. The result? Successful.

DR. CRAIG SMITH, NEW YORK PRESBYTERIAN HOSPITAL: He had a relatively routine quadruple bypass operation. We left the operating room around noon, and he is recovering normally at this point.

GUPTA: During the operation, Clinton's chest was opened, his heart was stopped, and he was put on a heart-lung machine. The bypass procedure was then performed, and his heart was restarted. The operation took four hours. It will be two or three months before Mr. Clinton is 100 percent.

SMITH: It would be common for him to be ready to leave the hospital within four or five days. Right now, based on how he's doing, there's no reason to think he wouldn't fall within the same experience.

DR. ALLAN SCHWARTZ, NEW YORK PRESBYTERIAN HOSPITAL: At home, he'll have a schedule of exercise that will gradually increase, and he will gradually resume an entirely normal physical exercise and work schedule.

GUPTA: Bill Clinton has had access to the world's best medical care. But that can't erase a lifetime of bad eating habits and a family history of heart problems.

And so the larger message of Mr. Clinton's surgery may be increased awareness of the No. 1 killer of men and women in America: heart disease.

(END VIDEOTAPE)

And to be clear, though, Bill, he had a few months of symptoms. He said he wasn't feeling quite himself, having some pains and not being able to run as far as he could.

He also did something that a lot of people do. He confused that chest pain, at least initially, with reflux or indigestion. He did the right thing ultimately coming into the hospital and getting this checked out, Bill. An important message.

HEMMER: Yes, Sanjay, about 45 minutes ago you spoke with the doctor who handled the procedure. What did he say about the peculiarities of this procedure, and maybe what was special about it?

GUPTA: Yes, you know, I was very interested in that. Obviously, the president is like no other patient. I talked to Dr. Smith. I asked him that question, and this is what he had to say.

(BEGIN VIDEO CLIP) SMITH: The pressure here is to avoid bad decision-making because of over-concern about doing too much or too little, so that you either become too bold or too timid. So it's the decision-making and judgment that takes the heat here. And fortunately, I think it's also one of the things we learn to do. And that's what we mostly struggled with yesterday.

(END VIDEO CLIP)

GUPTA: He had a successful operation, no doubt. But there still will be a lot of second-guessing that he had the right sort of procedure. All of these sorts of things will be asked. The bottom line is, I think the president is going to do very well -- Bill.

HEMMER: All right, Sanjay, thanks for that.

GUPTA: Thank you.

HEMMER: Dr. Sanjay Gupta watching the former president -- Kelly.

WALLACE: Thanks, Bill.

Still to come, we saw what fast food might have done to the 42nd president. Does the government need to step in to protect the rest of us? A look at that just ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Welcome back, everyone.

U.S. Airways is dealt a setback. And with that and a check on the markets, Andy is back here "Minding Your Business."

And the markets are back open after the Labor Day holiday.

ANDY SERWER, "FORTUNE" MAGAZINE: Yes.

HEMMER: We had the Republican Convention last week. Everybody is back from the Hamptons, right?

SERWER: Yes, we got a little boom on that here this morning.

HEMMER: The volume is up.

SERWER: That's right. And perhaps because of some of those things, the market was up this morning. Let's check out the Big Board and take a look-see. Up 69 points on the Dow. The price of oil is down. Cisco is up. We got a little bit of an upgrade there. That stock is up 37 cents to $19.

One stock very active this morning is Intel. Now, get this. This stock has been under a lot of pressure. Over the past year, the stock is down 25 percent, making them chips. That's what that picture is right there, making those chips.

While the market has been up 10 percent, this stock has been down 25 percent over the past year. So those folks have got some work to do.

Let's talk a little bit about U.S. Airways here. As you mentioned, Bill, this is a serious matter. We found out this morning that last night the pilots' union rejected the airline's latest contract proposal. Maybe not a big surprise. Because the airline wanted to give back $295 million. Well, OK.

The point here, though, is the end of the month, the company could find itself in violation of its loan agreements. And that could mean a second go-around in chapter 11. You might remember it went into bankruptcy and emerged in the spring of 2003. Obviously, this airline is in a lot of trouble right now, as are a lot of other airlines.

HEMMER: Based out of Pittsburgh, right? U.S. Airways? No, no, no, no.

SERWER: No, that's -- I don't know the answer to that question. Philly? North Carolina? Because they had merged with Piedmont. I don't know.

HEMMER: Where's the angel in our ear right now?

SERWER: D.C. I think -- you know what? No, it's not it. That's just me. I think they're headquartered in Washington.

HEMMER: All right.

SERWER: But I'll have to check that for you.

HEMMER: Google.

WALLACE: OK.

SERWER: We'll check. Sorry I don't know that.

HEMMER: You got it -- Kelly.

WALLACE: If it were headquartered in Pennsylvania, a battleground state, which leads me to politics, hello, hello.

SERWER: Oh, good, Kelly, very nice.

WALLACE: As always, the presidential candidates make good fodder for late-night TV. Jay Leno just couldn't resist by poking fun at John Kerry over claims of flip-flopping on issues.

(BEGIN VIDEO CLIP)

JAY LENO, HOST, "THE TONIGHT SHOW WITH JAY LENO": Hey, did you read this strange story about this woman that was caught trying to pass a counterfeit $200 bill that had a picture of George Bush on it? It turns out there was also a John Kerry bill. Pretty realistic. He's on both sides. Yes.

(END VIDEO CLIP) WALLACE: Ouch! Leno there.

HEMMER: Fifty-six days and counting, right?

SERWER: Yes.

WALLACE: Yes, exactly. Late night laughs. And Toure is here with the "Question of the Day."

TOURE, "ROLLING STONE" MAGAZINE: Once again, it's on. Our question, we're talking about junk food. Should the government be regulating junk food like it does with tobacco and alcohol?

Jim from Frankfurt, Kentucky, says: "Not a single death has ever been attributed to marijuana use. That is true. Junk food has killed millions, yet it's perfectly legal. What's wrong with this picture?"

HEMMER: I think there is some (UNINTELLIGIBLE).

WALLACE: I don't know.

TOUR: Paging Dr. Toure.

Allen from Waco Texas: "Yes, the government should regulate junk food. Look, we are in a war with calories and fat. We should have a calorie czar who can join hands with the czar for the war on drugs to plan their strategy."

A very interesting idea.

And Mike from Canada, that's like saying, you know, John from Asia. OK.

SERWER: Yes, right.

TOURE: "There's no physical addiction to fried chicken. Sorry, Bill. And no need for it to be a controlled substance. Good grief, what's next? Buying chips and chocolate bars in the adult section of our local grocery store?"

But, Mike, you are wrong. There is a physical addiction to fried chicken. I've got it, baby.

HEMMER: I'm with you, too, by the way.

TOURE: I'm struggling, baby.

HEMMER: What's he talking about?

TOURE: Empirical evidence.

HEMMER: We're going straight to KFC right after this show.

TOURE: Don't get me off the wagon, baby.

HEMMER: You're on it with all four wheels. Next hour here on "CNN LIVE TODAY," back to Russia. What now is Russia's response to terrorism there? Betty Nguyen has that next hour. Back in a moment live on AMERICAN MORNING right after this.

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