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American Morning

Ridge Comments on Ready Campaign; NBA Showing No Mercy to Brawlers

Aired November 22, 2004 - 09:00   ET

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


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


BILL HEMMER, CNN ANCHOR: Good morning. The NBA showing no mercy on the brawlers in Detroit. Harsh penalties that will cost nine players many, many millions.
Armed to kill. The deer hunter suspected of going on a murderous rampage on the second day of hunting season.

And the Department of Homeland Security wants parents to talk to their kids about terrorism.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: If I'm at soccer practice...

UNIDENTIFIED FEMALE: What if something happens?

UNIDENTIFIED MALE: Will you come get me?

UNIDENTIFIED FEMALE: There's no reason not to have a plan in case of a terrorist attack.

(END VIDEO CLIP)

HARRIS: As the holidays begin, so does a new ad campaign. And we'll talk about that on this AMERICAN MORNING.

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

SOLEDAD O'BRIEN, CNN ANCHOR: Good morning. Welcome, everybody.

Some of the stories that are making headlines this morning, we're going to talk to Secretary Ridge about this new ad campaign that comes from the Department of Homeland Security. They're recommending, of course, as you just heard, that parents sit down and discuss a plan, what to do if there is a terrorist attack.

Some people say that those are a little bit scary, those ads. Also, of course, lots of news -- lots of new to talk to him about, as well, from over the weekend.

HEMMER: Also this hour, we'll talk about Friday night at the fights, players against fans, and fans against players. Charles Barkley speaking out a bit earlier today in our program about what he saw and what he thinks going forward should happen. Not of it's -- not all of it, rather, is going to go over very well with the league. We'll have that interview with Sir Charles in a moment here.

O'BRIEN: Good morning, Jack.

JACK CAFFERTY, CNN ANCHOR: Talk about having a meeting, how to prevent a terrorist attack. The 9/11 Commission issued a rather lengthy report following some 1,200 interviews with people involved in that 9/11 situation, suggesting a plethora of ways to prevent future terrorist attacks. And so far absolutely none of that report has been enacted into law by the Congress of the United States, not one letter's worth.

AM@CNN.com. Makes you proud to be an American, doesn't it?

Well, I hope they have a nice Thanksgiving, because they did vote to do that. They voted to go on vacation this week.

O'BRIEN: OK. Thank you.

CAFFERTY: You're most welcome.

O'BRIEN: Headlines now. Carol, to you.

CAROL COSTELLO, CNN ANCHOR: And I'll take it from here. Thank you, Soledad.

"Now in the News," within the past half-hour, some serious stuff. Word that a private jet has crashed in Texas. The Federal Aviation Administration says the Gulf Stream jet went down about a mile and a half south of Houston's Hobby Airport.

It apparently clipped a light tower on its way down. A toll road is now closed because of the crash. As many as three people were on board that aircraft. Two people are confirmed dead, one is still missing.

Immigration officials are questioning two Moroccan men removed from a Paris to Washington, D.C. flight. The plane made an unscheduled landing in Maine this weekend after it became apparent that one of the names was on the government's no-fly list. It's not clear how the men were able to board the flight in Paris. They're expected to leave the United States within the next day or two.

Out in California, the penalty phase begins today in the Scott Peterson trial. A jury will decide whether to sentence Peterson to life in prison or the death penalty for the murder of his wife Laci and their unborn son.

Opening arguments set to get under way in about three hours. But a judge will first review a defense motion before the proceedings begin.

And Donald Trump's signing bankruptcy papers. Trump hotels and casinos filing for Chapter 11 in New Jersey. The company announced last August it would seek bankruptcy protection as part of a new refinancing plan. But Trump says he is planning to expand his casino empire into Pennsylvania and Las Vegas.

I don't understand how he can do that while the other ones go bankrupt. But that's why I'm not a millionaire like Donald Trump.

O'BRIEN: Don't let bankruptcy -- don't let bankruptcy stand in the way of going on with your business, right, Carol?

COSTELLO: That's the motto.

O'BRIEN: Carol, thanks.

This morning the Department of Homeland Security unveils new public service ads that are designed to hit Americans right where they live. Let's take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Mom?

UNIDENTIFIED MALE: Dad?

UNIDENTIFIED FEMALE: How long should I wait for you?

UNIDENTIFIED MALE: Mom, if I'm at soccer practice...

UNIDENTIFIED FEMALE: What if something happens?

UNIDENTIFIED MALE: Will you come get me?

UNIDENTIFIED FEMALE: There's no reason not to have a plan in case of a terrorist attack.

UNIDENTIFIED FEMALE: Mom, if you're not home should we go to the neighbor's house?

UNIDENTIFIED FEMALE: And some extremely good reasons why you should.

UNIDENTIFIED FEMALE: Can you tell me?

UNIDENTIFIED FEMALE: Talk to your family about what you would do in case of an emergency. For more information go to www.ready.gov.

(END VIDEO CLIP)

O'BRIEN: The new ads are part of the government's Ready Campaign. They're going to appear on TV and radio, and in print as well.

Homeland Security Secretary Tom Ridge joins us this morning to talk about that, and also some other news from over the weekend.

So let's first start with the 9/11 intelligence bill now stalled. Lots of finger-pointing. Who do you blame? TOM RIDGE, HOMELAND SECURITY SECRETARY: Well, I think it's a recognition that there is a separation of powers, that there are a lot of interests, some of which are competing, that the legislators were unable to resolve. It's my understanding that they've kept the possibility open to resolve it before the end of the year. I know the president has been engaged, will continue to be engaged.

So I think trying to reconstruct the intelligence community after a 40 or 50-year history in a four or five-week period was a pretty steep climb to begin with. I think they've made a lot of progress. And if they don't get it done this year, I'm pretty confident they're going to get it done the first part of next year.

O'BRIEN: So with the delay you don't think that makes the rest of us unsafe?

RIDGE: No, because I think several of the recommendations that the 9/11 Commission made had already begun. I mean, by executive order, the president had said all the intelligence information needs to go into the screening center.

That will be the National Counterterrorism Center. That's a recommendation that the foundation's in place.

The 9/11 Commission said you need to consolidate your databases. We've done that with the terrorist screening center.

They said to the Department of Homeland Security, "You need a biometric entry and exit system." We've begun that, called U.S. Visit. So the 9/11 Commission did great work. And there's still more work to be done. But they have implemented some of the recommendations already.

O'BRIEN: How do you explain some big loopholes? For example, the Moroccan man who was traveling with a companion, whose U.S. work visa had been revoked by the State Department, whose passport itself had expired, who was able to board a plane that was eventually diverted?

RIDGE: Yes. Well, we do seek the cooperation of both domestic and foreign air carriers. And for every one that you report on, there are literally dozens, if not hundreds, that don't get on those airplanes. Right now...

O'BRIEN: Right, but it only takes the one who has...

RIDGE: Well, that's true. I mean, there's no question about that. And that's why we are working with the European Union to say, instead of transmitting that list of passengers 15 minutes after wheels up, we'd like to have it an hour before you fly away.

I mean, there's some privacy concerns, some diplomatic concerns. But the European Union has been very supportive of a lot of the initiatives of Homeland Security. And we hope we can work that out so in the future we'll get the list before the plane departs.

O'BRIEN: Let's talk a little bit about the PSAs. We ran one just a moment ago.

RIDGE: Right.

O'BRIEN: You have three different versions of it.

RIDGE: Correct.

O'BRIEN: Some people say they're a little scary. I mean, you've got these adorable young kids who are basically contemplating what happens if there's a terror attack on U.S. soil.

RIDGE: They're beautiful young children, and I think that's the point we're trying to make. Moms and dads should have the same kind of conversation they have with their children, the casual conversation. But, you know, early on you tell them be careful with strangers, you talk to them about why you want to put that seatbelt on.

I think it's a conversation that children need to have, that the parents have to direct it. And actually, we're hoping that by using the children the parents will take the time -- doesn't take much time, and it could make a difference -- who do you call in case something happens?

It could be an emergency. Doesn't have to necessarily vb to be a terrorist attack. It could be a horrible accident in the community. It could be a bad winter event unpredicted. It could be a terrorist attack. Any of those things.

But who are you going to call? Where are we going to meet? And families get together most of the time at night. But if something happens during the day, how and when do you get -- and where do you get back together again as a family?

O'BRIEN: What percentage of people are prepared at this point? I know you guys track that.

RIDGE: Well, we've done some surveys and we've made great progress. We still have more work to do. But we say make a plan, have an emergency kit, battery-powered -- battery-operated radio, four or five days of nonperishable goods...

O'BRIEN: Came in useful.

RIDGE: ... the water, they were in a little bit better position than those who didn't know where to go because they didn't have that radio, had to go get water because they didn't have water aside. So it makes a lot of sense whether it's a terrorist attack or not. Having a plan to meet with your children in the event something happens in your community -- and it does not have to be a terrorist event -- kids need to know about that.

O'BRIEN: Lots of talk about. You maybe leaving your job. Where do you stand on that?

RIDGE: I tell everyone that...

O'BRIEN: I'll be the first to know?

RIDGE: I'm sure you'd like to.

O'BRIEN: The second after the president?

RIDGE: I think the first person that I should have that conversation with is the president of the United States.

O'BRIEN: You like the job you're in now or you thinking of other things?

RIDGE: It's a tremendous job. The president has given me an extraordinary opportunity at a very historic kind. And I -- and I said before I'll have that conversation with him, that communication with him at some point in time.

O'BRIEN: Long version of no comment. Nice to see you, Secretary. Thanks so much. Appreciate your time this morning -- Bill.

RIDGE: Very good. You bet. Thank you.

HEMMER: Ten minutes past the hour now. Nine players from the Indiana Pacers and Detroit Pistons now suspended after Friday night's fight. The most severe penalty went to Indiana forward Ron Artest, who's banned for the rest of the season.

The players union now protesting some of those penalties. Earlier today on our program I talked with basketball commentator, former NBA star Charles Barkley, who offered a defense of sorts for the players involved.

(BEGIN VIDEOTAPE)

CHARLES BARKLEY, FMR. NBA PLAYER: Obviously they had to come down really heavy-handed. The only thing I had a problem with, I wish they had not suspended Ron Artest for the entire season. I wish they would have suspended him for 50 games, and sent him to anger management, something along those lines. That's really the only thing I disagree with.

HEMMER: Why do you believe that should be the case, as opposed to kicking him out for the rest of the year?

BARKLEY: Well, because I think he's not going to learn a lesson. Ron Artest needs help. I said on the show last week I didn't make fun of him when he wanted to take a month off to work on an album. I think he has something going on upstairs, and I think we could have used him as an example to help him.

HEMMER: The commissioner, David Stern, has been imploring the league for some time now to try and protect the NBA brand. Where does that brand stand today, when people all over the world, not just in this country, watch a videotape that we're watching again this morning?

BARKLEY: Well, the videotape is scary. It obviously put a stain, a black eye on the game of basketball.

But my biggest problem is, you know, I've heard all these announcers talk about this and their security, whatever. But I thought the NBA officials and the security at the palace, they were doing a great job. The thing was over.

First of all, let me say, I thought Ben Wallace overreacted. But everything was under control until that fan hit Ron Artest. That started the whole thing. It was all over.

HEMMER: You had your own incident going back 13 years, when you tried to essentially spit on a heckler on the side court and hit an 8- year-old girl at the time. That was back in 1991. Give me an idea, Charles, about how players go over the line and what sets them off to get a guy like Artest to get off that scorer's table on Friday night and react the way he did, and have his other players follow him into the stands after him?

BARKLEY: Well, if somebody hits you, you have the right to hit them back. That's what me and Commissioner Stern disagree with.

Anytime a fan touches you, you have the right to beat the hell out of them. Forget -- we were -- I'm a man. I'm not going to let anybody disrespect me.

I mean, I don't believe in that. They can say whatever they want to. But once they come close enough to touch you, or throw something on you, you have a right to beat the hell out of them.

HEMMER: Let's try and be clear on what you're trying to say there. He was not touched physically. He was hit with a flying object that looked like maybe -- maybe a cup of soda filled with ice came over and hit him in the chest.

BARKLEY: Yes, so that's not being touched physically?

HEMMER: I'm just asking to clear it up. There is a big difference.

BARKLEY: Well, let me clear it up for you.

HEMMER: Go ahead.

BARKLEY: If somebody hit you with an object, you should go and beat the hell out of them.

HEMMER: But what I'm saying to you is that had Ron Artest not gotten up and gone into the stands, Charles, we would not have seen what ensued after that. Had he been able to control his temper we would not be looking at this thing.

BARKLEY: No question. I'm not going to defend what Ron Artest did, but the fans really crossed that line Friday night.

(END VIDEOTAPE) HEMMER: Charles Barkley from earlier today. Police in Auburn Hills, Michigan, also conducting a criminal investigation. The prosecutor in Oakland County earlier today said he has a strong certainty that charges will be filed against the players and the fans. So we'll watch that throughout the day -- Soledad.

O'BRIEN: One would think. All right.

A disagreement over a hunting position leads to five deaths in Wisconsin. Authorities have arrested a man suspected of killing five hunters, wounding three others yesterday. The suspect reportedly fired at two hunters who asked him to get down from the tree stand. Officials say the suspect then shot the hunters who arrived to help.

(BEGIN VIDEO CLIP)

TIM ZEIGLE, SAWYER COUNTY CHIEF DEPUTY: Why? I mean, five people dead because somebody was trespassing on property? It makes no sense.

(END VIDEO CLIP)

O'BRIEN: The victims include a woman and a teenage boy. The suspect is a 36-year-old man from the Minneapolis area.

HEMMER: Fifteen minutes past the hour. Back to Chad Myers at the CNN Center, watching the weather outside.

What's on your mind or on your radar? Good morning.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Bill.

(WEATHER REPORT)

HEMMER: Eastern part of the country is going to get walloped.

MYERS: Yes.

HEMMER: Thank you, Chad.

O'BRIEN: Thanks, Chad.

Still to come this morning, could Scott Peterson be sentenced to death? Legal analysis from Jeff Toobin is just ahead.

HEMMER: Also, a mother donating a special gift to help her son. Sanjay's back with that story in a moment as we continue after this.

(COMMERCIAL BREAK)

HEMMER: The penalty phase in Scott Peterson's murder trial scheduled to begin today. A jury now deciding whether or not to give Peterson a life sentence or the death penalty.

Peterson's defense attorney, Mark Geragos, seeking a new jury and a change of venue. The judge will decide on those motions. In the meantime, though, Jeff Toobin here to talk about this matter. Then we'll touch on a little bit of what happened in Detroit and about criminal charges that may or may not come and against whom.

How are you? Good morning.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Very well, sir.

HEMMER: Do you have a sense at this point where this jury will go?

TOOBIN: You know, the only clue we have is that the jury did not find first degree murder on both Laci Peterson...

HEMMER: Second degree for Conner.

TOOBIN: ... and for Conner, for the fetus. And that suggests the jury is not perhaps 100 percent behind the maximum charges. So that may be the only hint we have.

HEMMER: Mark Geragos is pushing for a number of things.

TOOBIN: Yes.

HEMMER: You think he's going to win on any of these counts?

TOOBIN: No, I don't. But, you know, look, his client is facing the death penalty. I don't blame him for taking, you know, the -- any shot he can.

You can't have a new jury at this point, which is what he's asking for. Because the whole idea behind the penalty phase is that the same jury that hears the evidence in the guilt phase uses that information to decide on the penalty. So I just think that's a nonstarter.

HEMMER: Even if they were to decide, though, that this crime fits the death penalty, California has a history of being extremely slow in carrying out its capital cases.

TOOBIN: Right. I mean, that's why in some respects this penalty phase is sort of moot. Because there are more than 600 people on death row in California. They are executing people at the pace of less than one a year.

You do the math. I mean, it's just not going to happen.

HEMMER: Let's talk about Detroit on Friday night. You saw it, have seen the videotape, right?

TOOBIN: Many times.

HEMMER: What is the -- what does the law say about when a player goes into an area where a fan rightfully has jurisdiction?

TOOBIN: Right. HEMMER: Because they bought this seat, and they have that ticket, as opposed to when a fan comes down onto the court where the player has, you would think, jurisdiction.

TOOBIN: Well, the important point, it seems to me, is that the criminal law applies everywhere. And assault, battery, that applies if you're a player, if you're a fan. Anyone who just goes and hits another person is eligible to be prosecuted no matter what.

Now, the other -- the interesting question is, what about trespassing? I think in that respect, the fans are potentially in more trouble.

The fans -- not many of them did. I think only one or two fans were actually on the court. But they could be charged with trespassing.

HEMMER: It looked like several fans were on the court. But maybe only a couple were involved.

TOOBIN: Well, there's sort of the heavyset guy is the one I remember who was trading punches with I guess it's Artest, on the court.

HEMMER: But let me ask you this, a little more direct. If I'm a fan and I'm on the stands, can I say, hey, through self-defense, they came into my area? And if I'm a player, if I can stand on the court and say, well these fans were down on the court and that's my self- defense?

TOOBIN: You could always claim self-defense. I mean, self-defense applies wherever you are. The question is, are you swinging punches?

I mean, it's one thing to defend yourself like this. You can do that wherever you are. But if you start trading punches, as obviously Artest was doing and some of the fans were doing, that's assault regardless of who started it. And regardless of where it took place.

HEMMER: A different type of offense, huh?

TOOBIN: A different type of offense. Ron Artest, defensive player of the year last year. You know, you would be surprised.

HEMMER: I forgot about that.

TOOBIN: That's right.

HEMMER: Indeed, you're right. We'll perhaps hear more from the prosecutor in Oakland County later today.

TOOBIN: They're going to be watching that videotape even more than we will.

HEMMER: That's so true. Thank you, Jeff.

TOOBIN: OK. HEMMER: Soledad.

O'BRIEN: Still to come this morning, can anything be done to push through real intelligence reform? Your thoughts are up next on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: Jack's got the "Question of the Day."

Hello.

CAFFERTY: How are you doing?

Congress gone home for Thanksgiving without passing the bill to restructure U.S. intelligence. The cover story put out by the conservative Republicans standing in the way of the legislation is it's all about national security.

My sense is it's probably about the money. It usually is. The Pentagon controls $40 billion of the intelligence budget, and they'd probably like to hang onto that as opposed to giving it up to some new agency.

The question is this, how should the stalemate over the 9/11 Commission report be ended?

Allen in New York, "Has it occurred to you that it might be preferable to the long-term safety of the citizenry if Congress passes reasoned, well thought out intelligence reform perhaps at the expense of expediency rather than simply rubber-stamping a set recommendations, blindly trusting that the results will be the correct prescription?"

Guy in Huntsville, Alabama, "First things first. Congress must pass a constitutional amendment so gays can't marry, then another amendment so Arnold Schwarzenegger can run for president. Republicans do have their priorities, don't they?"

Ann in Houston writes: "Surely the offense that Congress has committed by retiring without passing the 9/11 recommendations is a more heinous offense than throwing a cup of ice at a ball player. Therefore, using Charles Barkley's rationale, we constituents should be justified in beating the hell out of our legislators."

(LAUGHTER)

CAFFERTY: And James in Oxford, Alabama, "Put an amendment in to the 9/11 bill that gives Congress a raise. It will pass with no objections."

O'BRIEN: Ooh, cynics all, aren't they?

CAFFERTY: Yes.

O'BRIEN: Interesting though. Thanks, Jack. CAFFERTY: Sure.

O'BRIEN: Still to come this morning, the Monday edition of "90- Second Pop."

(MUSIC)

O'BRIEN: Oliver Stone's "Alexander" hits theaters this week. But is America ready for its racy content?

And Michael Jackson in legal hot water once again. This time, it's about furniture.

Stay with us on AMERICAN MORNING.

(COMMERCIAL BREAK)

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Aired November 22, 2004 - 09:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Good morning. The NBA showing no mercy on the brawlers in Detroit. Harsh penalties that will cost nine players many, many millions.
Armed to kill. The deer hunter suspected of going on a murderous rampage on the second day of hunting season.

And the Department of Homeland Security wants parents to talk to their kids about terrorism.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: If I'm at soccer practice...

UNIDENTIFIED FEMALE: What if something happens?

UNIDENTIFIED MALE: Will you come get me?

UNIDENTIFIED FEMALE: There's no reason not to have a plan in case of a terrorist attack.

(END VIDEO CLIP)

HARRIS: As the holidays begin, so does a new ad campaign. And we'll talk about that on this AMERICAN MORNING.

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

SOLEDAD O'BRIEN, CNN ANCHOR: Good morning. Welcome, everybody.

Some of the stories that are making headlines this morning, we're going to talk to Secretary Ridge about this new ad campaign that comes from the Department of Homeland Security. They're recommending, of course, as you just heard, that parents sit down and discuss a plan, what to do if there is a terrorist attack.

Some people say that those are a little bit scary, those ads. Also, of course, lots of news -- lots of new to talk to him about, as well, from over the weekend.

HEMMER: Also this hour, we'll talk about Friday night at the fights, players against fans, and fans against players. Charles Barkley speaking out a bit earlier today in our program about what he saw and what he thinks going forward should happen. Not of it's -- not all of it, rather, is going to go over very well with the league. We'll have that interview with Sir Charles in a moment here.

O'BRIEN: Good morning, Jack.

JACK CAFFERTY, CNN ANCHOR: Talk about having a meeting, how to prevent a terrorist attack. The 9/11 Commission issued a rather lengthy report following some 1,200 interviews with people involved in that 9/11 situation, suggesting a plethora of ways to prevent future terrorist attacks. And so far absolutely none of that report has been enacted into law by the Congress of the United States, not one letter's worth.

AM@CNN.com. Makes you proud to be an American, doesn't it?

Well, I hope they have a nice Thanksgiving, because they did vote to do that. They voted to go on vacation this week.

O'BRIEN: OK. Thank you.

CAFFERTY: You're most welcome.

O'BRIEN: Headlines now. Carol, to you.

CAROL COSTELLO, CNN ANCHOR: And I'll take it from here. Thank you, Soledad.

"Now in the News," within the past half-hour, some serious stuff. Word that a private jet has crashed in Texas. The Federal Aviation Administration says the Gulf Stream jet went down about a mile and a half south of Houston's Hobby Airport.

It apparently clipped a light tower on its way down. A toll road is now closed because of the crash. As many as three people were on board that aircraft. Two people are confirmed dead, one is still missing.

Immigration officials are questioning two Moroccan men removed from a Paris to Washington, D.C. flight. The plane made an unscheduled landing in Maine this weekend after it became apparent that one of the names was on the government's no-fly list. It's not clear how the men were able to board the flight in Paris. They're expected to leave the United States within the next day or two.

Out in California, the penalty phase begins today in the Scott Peterson trial. A jury will decide whether to sentence Peterson to life in prison or the death penalty for the murder of his wife Laci and their unborn son.

Opening arguments set to get under way in about three hours. But a judge will first review a defense motion before the proceedings begin.

And Donald Trump's signing bankruptcy papers. Trump hotels and casinos filing for Chapter 11 in New Jersey. The company announced last August it would seek bankruptcy protection as part of a new refinancing plan. But Trump says he is planning to expand his casino empire into Pennsylvania and Las Vegas.

I don't understand how he can do that while the other ones go bankrupt. But that's why I'm not a millionaire like Donald Trump.

O'BRIEN: Don't let bankruptcy -- don't let bankruptcy stand in the way of going on with your business, right, Carol?

COSTELLO: That's the motto.

O'BRIEN: Carol, thanks.

This morning the Department of Homeland Security unveils new public service ads that are designed to hit Americans right where they live. Let's take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Mom?

UNIDENTIFIED MALE: Dad?

UNIDENTIFIED FEMALE: How long should I wait for you?

UNIDENTIFIED MALE: Mom, if I'm at soccer practice...

UNIDENTIFIED FEMALE: What if something happens?

UNIDENTIFIED MALE: Will you come get me?

UNIDENTIFIED FEMALE: There's no reason not to have a plan in case of a terrorist attack.

UNIDENTIFIED FEMALE: Mom, if you're not home should we go to the neighbor's house?

UNIDENTIFIED FEMALE: And some extremely good reasons why you should.

UNIDENTIFIED FEMALE: Can you tell me?

UNIDENTIFIED FEMALE: Talk to your family about what you would do in case of an emergency. For more information go to www.ready.gov.

(END VIDEO CLIP)

O'BRIEN: The new ads are part of the government's Ready Campaign. They're going to appear on TV and radio, and in print as well.

Homeland Security Secretary Tom Ridge joins us this morning to talk about that, and also some other news from over the weekend.

So let's first start with the 9/11 intelligence bill now stalled. Lots of finger-pointing. Who do you blame? TOM RIDGE, HOMELAND SECURITY SECRETARY: Well, I think it's a recognition that there is a separation of powers, that there are a lot of interests, some of which are competing, that the legislators were unable to resolve. It's my understanding that they've kept the possibility open to resolve it before the end of the year. I know the president has been engaged, will continue to be engaged.

So I think trying to reconstruct the intelligence community after a 40 or 50-year history in a four or five-week period was a pretty steep climb to begin with. I think they've made a lot of progress. And if they don't get it done this year, I'm pretty confident they're going to get it done the first part of next year.

O'BRIEN: So with the delay you don't think that makes the rest of us unsafe?

RIDGE: No, because I think several of the recommendations that the 9/11 Commission made had already begun. I mean, by executive order, the president had said all the intelligence information needs to go into the screening center.

That will be the National Counterterrorism Center. That's a recommendation that the foundation's in place.

The 9/11 Commission said you need to consolidate your databases. We've done that with the terrorist screening center.

They said to the Department of Homeland Security, "You need a biometric entry and exit system." We've begun that, called U.S. Visit. So the 9/11 Commission did great work. And there's still more work to be done. But they have implemented some of the recommendations already.

O'BRIEN: How do you explain some big loopholes? For example, the Moroccan man who was traveling with a companion, whose U.S. work visa had been revoked by the State Department, whose passport itself had expired, who was able to board a plane that was eventually diverted?

RIDGE: Yes. Well, we do seek the cooperation of both domestic and foreign air carriers. And for every one that you report on, there are literally dozens, if not hundreds, that don't get on those airplanes. Right now...

O'BRIEN: Right, but it only takes the one who has...

RIDGE: Well, that's true. I mean, there's no question about that. And that's why we are working with the European Union to say, instead of transmitting that list of passengers 15 minutes after wheels up, we'd like to have it an hour before you fly away.

I mean, there's some privacy concerns, some diplomatic concerns. But the European Union has been very supportive of a lot of the initiatives of Homeland Security. And we hope we can work that out so in the future we'll get the list before the plane departs.

O'BRIEN: Let's talk a little bit about the PSAs. We ran one just a moment ago.

RIDGE: Right.

O'BRIEN: You have three different versions of it.

RIDGE: Correct.

O'BRIEN: Some people say they're a little scary. I mean, you've got these adorable young kids who are basically contemplating what happens if there's a terror attack on U.S. soil.

RIDGE: They're beautiful young children, and I think that's the point we're trying to make. Moms and dads should have the same kind of conversation they have with their children, the casual conversation. But, you know, early on you tell them be careful with strangers, you talk to them about why you want to put that seatbelt on.

I think it's a conversation that children need to have, that the parents have to direct it. And actually, we're hoping that by using the children the parents will take the time -- doesn't take much time, and it could make a difference -- who do you call in case something happens?

It could be an emergency. Doesn't have to necessarily vb to be a terrorist attack. It could be a horrible accident in the community. It could be a bad winter event unpredicted. It could be a terrorist attack. Any of those things.

But who are you going to call? Where are we going to meet? And families get together most of the time at night. But if something happens during the day, how and when do you get -- and where do you get back together again as a family?

O'BRIEN: What percentage of people are prepared at this point? I know you guys track that.

RIDGE: Well, we've done some surveys and we've made great progress. We still have more work to do. But we say make a plan, have an emergency kit, battery-powered -- battery-operated radio, four or five days of nonperishable goods...

O'BRIEN: Came in useful.

RIDGE: ... the water, they were in a little bit better position than those who didn't know where to go because they didn't have that radio, had to go get water because they didn't have water aside. So it makes a lot of sense whether it's a terrorist attack or not. Having a plan to meet with your children in the event something happens in your community -- and it does not have to be a terrorist event -- kids need to know about that.

O'BRIEN: Lots of talk about. You maybe leaving your job. Where do you stand on that?

RIDGE: I tell everyone that...

O'BRIEN: I'll be the first to know?

RIDGE: I'm sure you'd like to.

O'BRIEN: The second after the president?

RIDGE: I think the first person that I should have that conversation with is the president of the United States.

O'BRIEN: You like the job you're in now or you thinking of other things?

RIDGE: It's a tremendous job. The president has given me an extraordinary opportunity at a very historic kind. And I -- and I said before I'll have that conversation with him, that communication with him at some point in time.

O'BRIEN: Long version of no comment. Nice to see you, Secretary. Thanks so much. Appreciate your time this morning -- Bill.

RIDGE: Very good. You bet. Thank you.

HEMMER: Ten minutes past the hour now. Nine players from the Indiana Pacers and Detroit Pistons now suspended after Friday night's fight. The most severe penalty went to Indiana forward Ron Artest, who's banned for the rest of the season.

The players union now protesting some of those penalties. Earlier today on our program I talked with basketball commentator, former NBA star Charles Barkley, who offered a defense of sorts for the players involved.

(BEGIN VIDEOTAPE)

CHARLES BARKLEY, FMR. NBA PLAYER: Obviously they had to come down really heavy-handed. The only thing I had a problem with, I wish they had not suspended Ron Artest for the entire season. I wish they would have suspended him for 50 games, and sent him to anger management, something along those lines. That's really the only thing I disagree with.

HEMMER: Why do you believe that should be the case, as opposed to kicking him out for the rest of the year?

BARKLEY: Well, because I think he's not going to learn a lesson. Ron Artest needs help. I said on the show last week I didn't make fun of him when he wanted to take a month off to work on an album. I think he has something going on upstairs, and I think we could have used him as an example to help him.

HEMMER: The commissioner, David Stern, has been imploring the league for some time now to try and protect the NBA brand. Where does that brand stand today, when people all over the world, not just in this country, watch a videotape that we're watching again this morning?

BARKLEY: Well, the videotape is scary. It obviously put a stain, a black eye on the game of basketball.

But my biggest problem is, you know, I've heard all these announcers talk about this and their security, whatever. But I thought the NBA officials and the security at the palace, they were doing a great job. The thing was over.

First of all, let me say, I thought Ben Wallace overreacted. But everything was under control until that fan hit Ron Artest. That started the whole thing. It was all over.

HEMMER: You had your own incident going back 13 years, when you tried to essentially spit on a heckler on the side court and hit an 8- year-old girl at the time. That was back in 1991. Give me an idea, Charles, about how players go over the line and what sets them off to get a guy like Artest to get off that scorer's table on Friday night and react the way he did, and have his other players follow him into the stands after him?

BARKLEY: Well, if somebody hits you, you have the right to hit them back. That's what me and Commissioner Stern disagree with.

Anytime a fan touches you, you have the right to beat the hell out of them. Forget -- we were -- I'm a man. I'm not going to let anybody disrespect me.

I mean, I don't believe in that. They can say whatever they want to. But once they come close enough to touch you, or throw something on you, you have a right to beat the hell out of them.

HEMMER: Let's try and be clear on what you're trying to say there. He was not touched physically. He was hit with a flying object that looked like maybe -- maybe a cup of soda filled with ice came over and hit him in the chest.

BARKLEY: Yes, so that's not being touched physically?

HEMMER: I'm just asking to clear it up. There is a big difference.

BARKLEY: Well, let me clear it up for you.

HEMMER: Go ahead.

BARKLEY: If somebody hit you with an object, you should go and beat the hell out of them.

HEMMER: But what I'm saying to you is that had Ron Artest not gotten up and gone into the stands, Charles, we would not have seen what ensued after that. Had he been able to control his temper we would not be looking at this thing.

BARKLEY: No question. I'm not going to defend what Ron Artest did, but the fans really crossed that line Friday night.

(END VIDEOTAPE) HEMMER: Charles Barkley from earlier today. Police in Auburn Hills, Michigan, also conducting a criminal investigation. The prosecutor in Oakland County earlier today said he has a strong certainty that charges will be filed against the players and the fans. So we'll watch that throughout the day -- Soledad.

O'BRIEN: One would think. All right.

A disagreement over a hunting position leads to five deaths in Wisconsin. Authorities have arrested a man suspected of killing five hunters, wounding three others yesterday. The suspect reportedly fired at two hunters who asked him to get down from the tree stand. Officials say the suspect then shot the hunters who arrived to help.

(BEGIN VIDEO CLIP)

TIM ZEIGLE, SAWYER COUNTY CHIEF DEPUTY: Why? I mean, five people dead because somebody was trespassing on property? It makes no sense.

(END VIDEO CLIP)

O'BRIEN: The victims include a woman and a teenage boy. The suspect is a 36-year-old man from the Minneapolis area.

HEMMER: Fifteen minutes past the hour. Back to Chad Myers at the CNN Center, watching the weather outside.

What's on your mind or on your radar? Good morning.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Bill.

(WEATHER REPORT)

HEMMER: Eastern part of the country is going to get walloped.

MYERS: Yes.

HEMMER: Thank you, Chad.

O'BRIEN: Thanks, Chad.

Still to come this morning, could Scott Peterson be sentenced to death? Legal analysis from Jeff Toobin is just ahead.

HEMMER: Also, a mother donating a special gift to help her son. Sanjay's back with that story in a moment as we continue after this.

(COMMERCIAL BREAK)

HEMMER: The penalty phase in Scott Peterson's murder trial scheduled to begin today. A jury now deciding whether or not to give Peterson a life sentence or the death penalty.

Peterson's defense attorney, Mark Geragos, seeking a new jury and a change of venue. The judge will decide on those motions. In the meantime, though, Jeff Toobin here to talk about this matter. Then we'll touch on a little bit of what happened in Detroit and about criminal charges that may or may not come and against whom.

How are you? Good morning.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Very well, sir.

HEMMER: Do you have a sense at this point where this jury will go?

TOOBIN: You know, the only clue we have is that the jury did not find first degree murder on both Laci Peterson...

HEMMER: Second degree for Conner.

TOOBIN: ... and for Conner, for the fetus. And that suggests the jury is not perhaps 100 percent behind the maximum charges. So that may be the only hint we have.

HEMMER: Mark Geragos is pushing for a number of things.

TOOBIN: Yes.

HEMMER: You think he's going to win on any of these counts?

TOOBIN: No, I don't. But, you know, look, his client is facing the death penalty. I don't blame him for taking, you know, the -- any shot he can.

You can't have a new jury at this point, which is what he's asking for. Because the whole idea behind the penalty phase is that the same jury that hears the evidence in the guilt phase uses that information to decide on the penalty. So I just think that's a nonstarter.

HEMMER: Even if they were to decide, though, that this crime fits the death penalty, California has a history of being extremely slow in carrying out its capital cases.

TOOBIN: Right. I mean, that's why in some respects this penalty phase is sort of moot. Because there are more than 600 people on death row in California. They are executing people at the pace of less than one a year.

You do the math. I mean, it's just not going to happen.

HEMMER: Let's talk about Detroit on Friday night. You saw it, have seen the videotape, right?

TOOBIN: Many times.

HEMMER: What is the -- what does the law say about when a player goes into an area where a fan rightfully has jurisdiction?

TOOBIN: Right. HEMMER: Because they bought this seat, and they have that ticket, as opposed to when a fan comes down onto the court where the player has, you would think, jurisdiction.

TOOBIN: Well, the important point, it seems to me, is that the criminal law applies everywhere. And assault, battery, that applies if you're a player, if you're a fan. Anyone who just goes and hits another person is eligible to be prosecuted no matter what.

Now, the other -- the interesting question is, what about trespassing? I think in that respect, the fans are potentially in more trouble.

The fans -- not many of them did. I think only one or two fans were actually on the court. But they could be charged with trespassing.

HEMMER: It looked like several fans were on the court. But maybe only a couple were involved.

TOOBIN: Well, there's sort of the heavyset guy is the one I remember who was trading punches with I guess it's Artest, on the court.

HEMMER: But let me ask you this, a little more direct. If I'm a fan and I'm on the stands, can I say, hey, through self-defense, they came into my area? And if I'm a player, if I can stand on the court and say, well these fans were down on the court and that's my self- defense?

TOOBIN: You could always claim self-defense. I mean, self-defense applies wherever you are. The question is, are you swinging punches?

I mean, it's one thing to defend yourself like this. You can do that wherever you are. But if you start trading punches, as obviously Artest was doing and some of the fans were doing, that's assault regardless of who started it. And regardless of where it took place.

HEMMER: A different type of offense, huh?

TOOBIN: A different type of offense. Ron Artest, defensive player of the year last year. You know, you would be surprised.

HEMMER: I forgot about that.

TOOBIN: That's right.

HEMMER: Indeed, you're right. We'll perhaps hear more from the prosecutor in Oakland County later today.

TOOBIN: They're going to be watching that videotape even more than we will.

HEMMER: That's so true. Thank you, Jeff.

TOOBIN: OK. HEMMER: Soledad.

O'BRIEN: Still to come this morning, can anything be done to push through real intelligence reform? Your thoughts are up next on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: Jack's got the "Question of the Day."

Hello.

CAFFERTY: How are you doing?

Congress gone home for Thanksgiving without passing the bill to restructure U.S. intelligence. The cover story put out by the conservative Republicans standing in the way of the legislation is it's all about national security.

My sense is it's probably about the money. It usually is. The Pentagon controls $40 billion of the intelligence budget, and they'd probably like to hang onto that as opposed to giving it up to some new agency.

The question is this, how should the stalemate over the 9/11 Commission report be ended?

Allen in New York, "Has it occurred to you that it might be preferable to the long-term safety of the citizenry if Congress passes reasoned, well thought out intelligence reform perhaps at the expense of expediency rather than simply rubber-stamping a set recommendations, blindly trusting that the results will be the correct prescription?"

Guy in Huntsville, Alabama, "First things first. Congress must pass a constitutional amendment so gays can't marry, then another amendment so Arnold Schwarzenegger can run for president. Republicans do have their priorities, don't they?"

Ann in Houston writes: "Surely the offense that Congress has committed by retiring without passing the 9/11 recommendations is a more heinous offense than throwing a cup of ice at a ball player. Therefore, using Charles Barkley's rationale, we constituents should be justified in beating the hell out of our legislators."

(LAUGHTER)

CAFFERTY: And James in Oxford, Alabama, "Put an amendment in to the 9/11 bill that gives Congress a raise. It will pass with no objections."

O'BRIEN: Ooh, cynics all, aren't they?

CAFFERTY: Yes.

O'BRIEN: Interesting though. Thanks, Jack. CAFFERTY: Sure.

O'BRIEN: Still to come this morning, the Monday edition of "90- Second Pop."

(MUSIC)

O'BRIEN: Oliver Stone's "Alexander" hits theaters this week. But is America ready for its racy content?

And Michael Jackson in legal hot water once again. This time, it's about furniture.

Stay with us on AMERICAN MORNING.

(COMMERCIAL BREAK)

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