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Denver Airport Opens Up Two Runways Today; Security Council Unanimously Votes Sanctions Against Iran

Aired December 23, 2006 - 14:00   ET

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


FREDRICKA WHITFIELD, CNN ANCHOR: Now in the news, sanctions against Iran. By a unanimous vote today the UN Security Council agreed to punish Iran for continuing its nuclear program. We have a live report straight ahead from senior UN correspondent Richard Roth.
Israeli Prime Minister Olmert and Palestinian President Mahmoud Abbas are meeting in Jerusalem. The two men shook hands and kissed each other before the talks began a little over an hour ago.

While a meeting had been expected, it was not officially announced until today. Coalition officials in Afghanistan say a top Taliban military leader is dead. They say Mullah Akhmar Mohammad Osmani (ph) was killed during a U.S. air strike near the Pakistan border. Taliban spokesman deny the report but a U.S. spokesman says it has been confirmed.

And two more runways in Denver are open today as the nation's fifth largest airport tries to recover from Wednesday's blizzard. The airport had been shut down for 45 hours. Causing a ripple effect across the country. Flights are now operating close to schedule. But many passengers bumped during the storm are still waiting to be rebooked.

The namesake of the Stafford student loan program is dead. Former U.S. Senator Robert Stafford, a Vermont Republican, died this morning at the age of 93. In 1988, the Senate recognized his dedication to education by renaming the federal student loan program. Those loans are now known as Stafford loans.

And good afternoon. You are in the NEWSROOM on this Saturday, December 23. I'm Fredricka Whitfield. Coming up this hour, the Saudi government runs up an $8 million-plus tab with the U.S. this year. We will take you live to Washington. And you have heard that rape charges have been dropped against the Duke University lacrosse players. Well, now listen to what our legal eagles have to say about it.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I am so sorry this happened. So many of us just don't realize how are actions, even one night of poor judgment, can affect the rest of our lives.

(END VIDEO CLIP)

WHITFIELD: The former Miss Nevada USA fired for illicit photos says she may not leave without a fight.

We get started with a developing story from the United Nations. The UN Security Council voted 15-0 in favor of sanctions against Iran. The resolution is designed to punish Iran for continuing its nuclear program. CNN's senior UN correspondent Richard Roth joins us now with details. Richard?

RICHARD ROTH, CNN CORRESPONDENT: Well, it was a unanimous vote, 15-0. The Security Council getting tough again on Tehran. It has been a steady course towards this day because Iran failed to cooperate and freeze its uranium enrichment program which the U.S. and other countries warned could be up to no good and lead to the development of a nuclear bomb. The acting U.S. ambassador Alexander Wolff said Iran must get the message.

(BEGIN VIDEO CLIP)

ALEX WOLFF, U.S. DEPUTY AMBASSADOR TO UN: Adoption of this resolution is only a first step. In the coming weeks, we will work with a sanctions committee to ensure this resolution is as effective as possible. We will also take steps under U.S. law to ensure that we have put in place appropriate measures against individuals and entities involved in the Iranian nuclear program. We will call on every other country to urgently follow suit.

Finally, if necessary, we will not hesitate to return to this body for further action if Iran fails to take steps to comply.

(END VIDEO CLIP)

ROTH: These sanctions tell countries in effect you can have any importing, exporting with Iran of any materials or technology that could be used for Iran's nuclear or missile program. The Russians eventually in the end came onboard but they are concerned that any new sanctions if Iran does not cooperate with this resolution, that it would lead towards some type of military force and they say right now they would be opposed to that.

(BEGIN VIDEO CLIP)

VITALY CHURKIN, RUSSIAN AMBASSADOR TO UN (through translator): We are convinced that ways effectively to resolve the Iraq -- Iranian nuclear problem can be found exclusively in the political, diplomatic and legal context. This context is as important that the measures provided for in the resolution shall be taken in accordance with Article 41 of the United Nations charter. And shall not permit any use of force.

(END VIDEO CLIP)

ROTH: The last speaker in the debate went on for the longest time. Iran's United Nations ambassador with the blistering critique and criticism of Israel saying that country has nuclear weapons, the Security Council is employing double standard because Israel has disregarded Security Council resolutions. And the Iranian ambassador targeted the British and U.S. who they say are pushing this resolution.

(BEGIN VIDEO CLIP)

JAVAD ZARIF, IRANIAN AMBASSADOR TO THE UN: It is not an open secret. That their sole objective from the negotiations has always been to impose and then prolong and then perpetuate the suspension of Iran's rights in line with their arbitrary and fluctuating deadlines. Finding solutions has never been even among the objectives.

(END VIDEO CLIP)

ROTH: The Iranian ambassador called it a sad day. Many of the ambassadors said it will not be a sad day again if Iran would just cooperate, come back to negotiating and bargaining table and then these sanctions could get lifted. Fredricka?

WHITFIELD: And when do the sanctions take effect?

ROTH: Well, they have got to come up with a list here of companies - they already have that list and it will take time. This is a cumbersome process but in 60 days or so they could come back if there is no progress on behalf of Iran cooperating.

WHITFIELD: Richard Roth at the UN. Thanks so much.

Meantime, out of Washington, or at least the area, President Bush monitoring today's UN developments from Camp David where he also met with defense secretary Robert Gates. CNN White House correspondent Elaine Quijano joins live with already some reaction to the sanctions.

ELAINE QUIJANO, CNN CORRESPONDENT: Hello to you, Fredricka. Well, the State Department says it does not think that this resolution is necessarily enough in and of itself. U.S. would like the international community to do more. Particularly targeting the money flowing into Iran and those institutions that might unwittingly be helping to facilitate that.

Meantime, President Bush today focused his attention on Iraq as well. Meeting for the first time since Secretary Gates visited Baghdad earlier this week at Camp David. The president and Secretary Gates sitting down for about an hour and Gates, of course, spent three days in Iraq listening to a variety of opinions from troops and senior commanders as well. About whether or not they think it will be a good idea to send more U.S. forces to help stabilize Baghdad.

Now, the president, of course, is considering that in the short term. Perhaps a temporary short term surge of tens of thousands of forces to help the situation in Baghdad. But the president after being briefed or before being briefed by Secretary Gates actually yesterday took some time to visit with wounded troops. This is something that he has done now, become an emotional holiday tradition. The president and the first lady visited with 38 service members and the president awarded 16 Purple Hearts.

Well, today in his weekly radio address the president had a message for U.S. forces in Iraq. (BEGIN AUDIO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I want our troops to know while the coming year will bring change one thing will not change. And that is our nation's support for you and the vital work you do to achieve a victory in Iraq. The American people are keeping you in our thoughts and players and will make sure have you the resources you need to accomplish your mission.

(END VIDEO CLIP)

QUIJANO: Now, as for his Iraq deliberation, senior administration officials say that the National Security Council next Thursday when the president is at his ranch in Crawford, Texas, is going to be meeting but they are saying don't expect any decisions out of that meeting, instead it will be more of the consultations that are continuing to go on. As you know, Fredricka, the president is expected to make some sort of announcement on changes to his Iraq policy in the early part of the new year.

Fredricka?

WHITFIELD: Elaine Quijano, at the White House. Thanks so much.

Well, something else that's very topical this holiday weekend. The Christmas travel crunch by plane, train and automobile, millions of Americans are on the move this weekend. AAA says nearly 65 million Americans will travel more than 50 miles from home during the holidays. And at the Denver Airport, things are a bit better today. But holiday travelers are still facing some delays after a blizzard shut down the airport for two days. Pattie Logan is keeping track of the situation there.

(BEGIN VIDEO CLIP)

PATTIE LOGAN, CNN CORRESPONDENT: Here at Denver International Airport they have four runways open today which is full capacity. The airlines will be running a full schedule of flights in and out of Denver today. Unlike yesterday when they were only on a partial schedule.

They expect to move 160,000 passengers here today in and out of Denver. But there are enormous lines inside. They are asking people to come four hours ahead of their flight in order to get through all of those lines at check-in and security.

Unfortunately, for a lot of the stranded passengers, they may not be getting out today, tomorrow. It may be Christmas or after. They are squeezing them on to flights that are already full with passengers who have booked their flights weeks and months in advance. So some of the stranded passengers getting out today the ones that have been rebooked. That will be going on for the next few days as they all hope to get home for the holidays.

(END VIDEO CLIP) WHITFIELD: And at airports across the U.S., a ripple effect from the delays in Denver. We check in now with CNN's Thelma Gutierrez at Los Angeles Airport.

THELMA GUTIERREZ, CNN CORRESPONDENT: Fredricka, I can tell you the things look much better here in Los Angeles. This is the fifth busiest airport in the entire world. And it is, after all, the day before Christmas Eve. And while it is busy, haven't seen the lines, the frenzied travelers, the lines wrapped around the terminal that you'd normally expect. You take a look here. The traffic is moving smoothly and there aren't a lot of folks waiting at curbside to check in their luggage.

We walk in here to Terminal 4. This is American Airlines. You can see that the line is forming, many of the people here waiting to get their baggage through security screening. But in anticipation of the holiday rush, officials here brought in 131 additional security teams to keep those lines moving, to prevent them from bogging down the security screening points.

Now, LAX officials say they expect nearly 2 million people to travel in and out of the airport this holiday period. Travel was not smooth for all passengers, however. Especially those flying to Denver.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Flying with united and there is 185 people flying standby on full flights. The earliest anybody can get out is Christmas. So yeah, it has been pretty difficult.

(END VIDEO CLIP)

GUTIERREZ: One of our colleagues told us a short time ago that he was flying from Denver back to Los Angeles and there were 22 empty seats on his flight. He says that that is because many of the people waiting to get out of Denver were bogged down in lines that were three hours long and those planes had to leave on schedule. And so some of them left with empty seats. Fredricka?

WHITFIELD: All right. What a mess, indeed. But at least folks are trying to get to their holiday destinations. Thelma Gutierrez, thanks so much. And this information just in after spending a week or a good part of the week in his first week on the job. Defense secretary spending time in Iraq. Now this weekend spending time with the president at Camp David. These are the first images we are able to see.

They are working on a new strategy for how to deal with the U.S. troops in Iraq. And apparently next week President Bush will be in Crawford where he again will be meeting with top advisers and members of his cabinet to talk about how to deal with Iraq. Meantime, "The Washington Post" says the Saudis owe contractors more than $8 million. And they haven't paid them. We are headed live to Washington for the story. Plus this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: When it comes to being photographed, no matter how close you are with someone, how much you trust that person.

(END VIDEO CLIP)

WHITFIELD: The former Miss Nevada with words of advice after she is stripped of her crown for illicit photos. Hear what else she has to say.

And they are celebrating because they are the winners of the richest lottery in the world. Find out how much money at stake and who is taking home their share of the pot of gold.

(COMMERCIAL BREAK)

(BEGIN AUDIO CLIP)

VOICE OF DIANNE LAMB, 9/11 OPERATOR: If he dies, I want to talk to him before he dies. Put him on the phone. Bruce?

VICTIM: Yeah.

LAMB: I love you. Now listen. Jesus is going to take care of you. Be safe. You just need to calm down and focus on that. OK?

(END AUDIO CLIP)

WHITFIELD: This is the kind of phone call any parent would fear. Diane Lamb was at her job as a 911 dispatcher in Charleston, South Carolina, when he got a call saying her son Bruce had been shot. Lamb remaining remarkably at ease and calming her son as well sent an ambulance to their house. Son Bruce survived and is OK.

A trainer at the San Francisco Zoo may lose an arm after she was mauled by a tiger. It happened yesterday as dozens of people were watching the animals get fed. The 350-pound Siberian tiger grabbed the trainer through the cage's iron bars.

And Daimler-Chrysler is recalling more than 62,000 vehicles. The recall involves 2007 model cars including the Jeep Grand Cherokee and Dodge Charger. Daimler-Chrysler says it wants to reprogram their brake system computers. No accidents have been reported.

(END VIDEO CLIP)

WHITFIELD: And just in time for the holidays. The crew of the Space Shuttle Discovery spends their first full day back on earth. Discovery touched down at Florida's Kennedy Space Center last night. Rain scrubbed the first landing opportunity. During their 13-day mission Discovery's crew rewired the International Space Station.

And rapper Sean "Diddy" Combs is stopping production of two of his Sean Jean hooded jackets. They were advertised as being made a fake fur. But Macy's removed them after the Humane Society concluded they were actually made with fur from a wild animal called a raccoon dog. Combs says he did not that that fur was being used.

The dethroned Miss Nevada USA is asking Miss USA co-owner Donald Trump for a second chance. Katie Rees held a news conference this morning, two days after she was stripped of her title. Pageant officials fired her after racy photos surfaced on the Internet. The 22-year-old says the photos are from an isolated incident in her teenage years. She adds they don't reflect who she is now.

(BEGIN VIDEO CLIP)

KATIE REES, FORMER MISS NEVADA USA: So sorry this happened. So many of us just don't realize how our actions even one night of poor judgment can affect the rest of our lives. I sincerely want to put this behind me but I hope my experience will send a message to all young women. Please don't let your guard down when it comes to being photographed. No matter how close you are with someone, how much trust that person, do not let anyone make you vulnerable. As you can see, just one mistake can have a great consequence.

MARIO TORRES, REES ATTORNEY: Donald trump is the owner, he's the one that made the decision along with Maureen Atwell. We will respect the decision because she wants to live up to her responsibilities and her actions however we would like the opportunity to have him reconsider the decision that has been made. Dependent on that we will then maybe seek legal actions.

(END VIDEO CLIP)

WHITFIELD: Donald Trump decided earlier this week not to fire Miss USA Tara Conner for alleged partying and drinking, giving her a second chance.

Well, the weather consequence to impact travel plans for thousands of people. Meteorologist Bonnie Schneider tells you where next in the NEWSROOM. Plus this.

(BEGIN VIDEO CLIP)

ROSIE O'DONNELL, TALK SHOW HOST: He's the moral authority. Left the first wife and had an affair. Left the second wife and had an affair.

(END VIDEO CLIP)

WHITFIELD: Oh, yeah. It is still not over. What happened to the Christmas spirit? Jeanne Moos finds it in the battle between Rosie and the Donald.

Here are some of today's most popular stories on cnn.com. An insurgent leader offers the U.S. a deal. A one did month truce so American forces can withdraw from Iraq. And turn over military bases and weapons to the militants. The offer appeared on an audiotape posted on an Islamic Web site.

The nation's first big city lesbian fire chief is demoted for alleged discrimination and sexual harassment. The mayor of Minneapolis says Bonnie Bleskachek is permanently stripped of ever holding leadership in the city. An investigation found her department likely gave preferential treatment to lesbians or their friends. Bleskachek has apologized.

And the director of "Goodwill Hunting" is arrested on a drunken driving charge. Police in Portland, Oregon say Gus Van Sant's breath test showed a blood alcohol level of 0.19 percent. That's more than twice the state legal limit. More on our Web site, cnn.com

And a problem for a lot of travelers this holiday weekend, the weather. Bonnie, folks are either really happy with you or really upset.

(WEATHER REPORT)

WHITFIELD: All right. Thanks so much, Bonnie. Well, it is time to pay up. That's the mantra from private contractors to the Saudi government. Published reports say it owes millions to venders. Live to Washington next.

Plus, hot topic for our legal team. Rape charges dropped against the Duke lacrosse players and now the debate begins.

(BEGIN VIDEO CLIP)

DONALD TRUMP, REAL ESTATE MOGUL: Well, Rosie is a loser. She has always been a loser. I have always understood it.

(END VIDEO CLIP)

WHITFIELD: Ouch. Also the wildly entertaining and very bitter battle between the Donald and Rosie O'Donnell. Just in time for Christmas.

(BEGIN VIDEO CLIP)

TAVIS SMILEY, TV AND RADIO HOST: The skills for a successful leader. Two words. Love and service.

Your service to other people is the rent you pay for the space that you are allowed to occupy here on earth.

UNIDENTIFIED FEMALE: Tavis Smiley has been a public commentator for 15 years. Confronting social issues as an author and a host of his own radio and television shows. Smiley's belief in helping others no only travels through the airwaves but it also reaches the community. He's developed the Tavis Smiley Foundation. A nonprofit organization that funds programs to foster black youth.

SMILEY: I believe that the highest reward for your work is not always what you receive for it but who you become by it.

My work is really about empowering people's lives.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

WHITFIELD: The U.S. military says it as killed a senior Taliban leader in an airstrike in southern Afghanistan, but wire reports say the Taliban is denying claimed that Mullah Akhtar Mohammad Osmani is dead. He was close to Osama bin Laden and said to be heir to the rebel leadership.

In Iraq's capital, more gruesome discoveries. Authorities say 47 more bullet-riddled bodies have been found in Baghdad today. The killings are believed to be tied to the country's ongoing sectarian violence.

Residents of Baquba, Iraq, blame the U.S. military for a rocket attack on a neighborhood that killed six people and wounded six others, including women and children. The Pentagon says it is investigating the claim.

And at Camp David, President Bush huddles with new defense secretary Robert Gates who just returned from a trip to Iraq. Here's the first pictures right there of that meeting taking place at Camp David. Gates has not said if he backs a temporary surge in U.S. troops in Iraq. But the "Los Angeles Times" reports that is what top military commanders are now recommending.

(BEGIN VIDEO CLIP)

KATIE REES, FORMER MISS NEVADA USA: I am so sorry this happened. So many of us just don't realize how our actions, even one night of poor judgment, can affect the rest of our lives.

(END VIDEO CLIP)

WHITFIELD: And more bad news from the land of beauty queens. Miss Nevada USA stripped of her crown after some five-year old racy photographs were posted on the Internet. Just days ago, the national title holder, Miss USA, got to keep her job after reports of some unseemly behavior.

One of the richest countries in the world may be getting a reputation as a deadbeat. Contractors who work for the Saudi government say they haven't been paid and those unpaid bills now reach into the millions. CNN's Gary Nurenberg joins us live from Washington.

What's this all about, Gary?

GARY NURENBERG, CNN CORRESPONDENT: Hello, Fredricka.

The "Washington Post" is reporting that Saudi Arabia's ambassador to the United States -- he just quit -- has racked up millions in unpaid bills and that his government has not come up with the money so far to pay them, even though this oil-rich country is one of the wealthiest in the world.

(BEGIN VIDEOTAPE) NURENBERG (voice-over): Saudi prince Turki al-Faisal, according to the "Post," spent months on the road in the United States attending events all over the country designed to increase understanding of Saudi Arabia, a longtime ally of the United States. Some of the hired consultants, event planners and even high-profile lobbyists here in D.C. now say they haven't been paid for their work.

Michael Petruzzello of Qorvis Communications, which helps manage the Saudi government image, tells CNN the company is owed about $8 million but adds "Every government I have ever worked with has been late with their payments, including the United States." Petruzzello says, "it is not unusual at all," adding, "last year, we got paid. The check came in on December 31st."

The Saudi embassy here in Washington is closed for the weekend, and a representative in its press office was unable to respond to CNN inquiries about the "Post" story. The author of the book "Thicker Than Oil, America's Uneasy Partnership With Saudi Arabia," Rachel Bronson, says payment of bills is an ongoing story with the Saudis.

Former Ambassador Edward Walker says he saw late payment issues when he was deputy chief of mission in Saudi Arabia in the '80s and he says it is not unique to Saudi Arabia.

EDWARD WALKER, FORMER U.S. AMBASSADOR: This is a long-standing problem. So many different countries in this country, because they have sovereign immunity, you can't take them to court. So parking tickets don't get paid and contractors don't get paid, and it is a constant battle. It is just something you have to live with in the diplomatic community.

NURENBERG: Ambassador Walker says the Saudis have a history of eventually paying and that contractors who did legitimate work for them will get their money.

(END VIDEOTAPE)

NURENBERG: But bottom line, for whatever reason, one of the richest countries on the planet -- it had a gross domestic product of more than $346 billion last year -- is not paying up. And the contractors who rely so heavily on that business are reluctant to say anything publicly for fear of losing contracts that could eventually result in a lot of money -- Fredricka.

WHITFIELD: But not from Saudi Arabia.

NURENBERG: In time.

WHITFIELD: All right. Gary Nurenberg, thanks so much.

Well, that first time meeting between Israel Prime Minister Ehud Olmert and Palestinian President Mahmoud Abbas now over after about two hours. When the meeting began, you see them shaking hands and even kissing cheek to cheek which appeared to give some good signs about what was ahead. We still don't know exactly what was discussed over the last two hours, but we simply know now that the meeting is over.

Some very happy people in Spain. They are among the lucky winners from what's believed to be the most sizable lottery in the world. Up to 1,800 people will share the top prize in the annual El Gordo drawing. They won just over $395,000 apiece. The lottery's total prize money, $2.8 billion -- with a B.

Rocker, humanitarian, and soon a knight? U2's frontman Bono will receive an honorary knighthood in Dublin. It is for his tireless work for aid to Africa. You can call him sir, however, because he's not a British national.

Prosecutors drop rape charges against three former lacrosse players at Duke University, but the students may not be off the hook just yet. Kidnapping and sexual offense charges remain in place.

CNN's Jason Carroll has details.

(BEGIN VIDEOTAPE)

JASON CARROLL, CNN CORRESPONDENT (voice-over): They are no longer accused of rape, this after the alleged victim now says she can't can be certain former Duke University lacrosse players Reade Seligman, Collin Finnerty and Dave Evans raped her during a party last March. The Durham district attorney, Michael Nifong, dropped the rape charges following an interview with the accuser on Thursday.

He would not speak about the case but in court documents filed Friday, Nifong wrote, "She initially believed that she had been vaginally penetrated by a male sex organ. She can no longer testify with certainty. Since there is no scientific or other evidence independent of the victim's testimony, the state is unable to meet its burden of proof."

JOE CHESHIRE, DAVID EVANS' ATTORNEY: These boys are absolutely innocent. They never touched her, they were never alone with her together in any place, so it's not possible that they kidnapped her, touched her, raped her, assaulted her or did anything else to her.

CARROLL: Defense attorneys say this most recent development leaves them enormously confident that they will eventually clear their clients. But they say they're frustrated the district attorney did not drop all the charges. The three former players still face first degree sexual offense and kidnapping charges.

WADE SMITH, COLLIN FINNERTY'S ATTORNEY: Mr. Nifong, if you are listening, do the rest of this, do the honorable thing, end this case, because there isn't a case to bring. And those are my thoughts.

CARROLL: Defense attorneys point to what they say are several flaws in the prosecution's case. First, two DNA tests showed no match between the alleged victim and the Duke lacrosse players. Second, they say a timeline will show at least two of the players were not at the party when the accuser says the assault took place.

They also take issue with how the D.A. had the accuser identify her attackers. This video of the lineup shows part of the process during which defense attorneys say the accuser was only shown pictures of lacrosse players. Typically, in a lineup, dummy pictures are also used for a more accurate result.

The raping of the rape charges, however, was welcome news to Collin Finnerty's father.

KEVIN FINNERTY, COLLIN FINNERTY'S FATHER: The boys are innocent. Again, this is long overdue. It's a great first step.

CAROL (on camera): Defense attorneys say one of their next moves will be to ask the court to throw out the alleged victim's identification of the players. That will happen during a hearing which is scheduled for early February.

Jason Carroll, CNN, New York.

(END VIDEOTAPE)

WHITFIELD: Oh, boy.

Joining us now for more on the Duke case are our legal experts. They are so fired up. Avery Friedman is a civil rights attorney and law professor.

Good to see you, Avery.

AVERY FRIEDMAN, LAW PROFESSOR: Hi, Fredricka.

WHITFIELD: And Richard Herman is a New York criminal defense attorney. Good to see you as well, Richard.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.

WHITFIELD: Richard, I want to begin with you because I know from the start you were saying this case is going nowhere. These charges ought to be dropped. And here you go, so you saw this coming.

HERMAN: Fred, they have -- the producers in New York have medicated me so I try to do the best I can. This Nifong is unethical, he is incompetent, and he's corrupt. This is outrageous what's going on here now.

He said yesterday in papers the reason he dropped the case is because the alleged victim, who they just spoke to, apparently, for the first time last week, claimed that she can be sure now if she was vaginally raped or penetrated in any form. She gave detailed accounts of being raped in every orifice of her body. She gave about 10, 15 different versions of which this, which are all documented.

WHITFIELD: So then what changed? How could you go from all that to well, not so sure, maybe it wasn't rape, no, it didn't happen? That's what the prosecution is saying through words of the defense attorneys.

HERMAN: Fred, they are calling for a criminal probe of the prosecutor. He defrauded the voters in Durham. He used this poor woman. He used her to win a very close election that he never would have won. He has no case here.

WHITFIELD: So you are saying -- so, Avery, you have got to respond to this. You are saying, essentially, Richard, that this woman was bullied into making these claims and so now the evidence isn't there? Avery.

FRIEDMAN: Well, no, no, no. There is evidence there. The question is what is the nature and quantity and substance of the evidence. The fact is, there's something there, of course. But, actually, I'm the one that recommended to the producers to medicate Richard today because my thought was I knew that we were going to have that response.

Look, defense lawyers, no matter how heinous the crime, their job is to get the defendants off. From a prosecution perspective the objective is to do justice. And I want to be very serious about this.

My concern is that the same evidence -- remember, the dismissal of the rape charges, Fredricka, was based on the fact that without scientific or other evidence independent of testimony, the rape charges have to be dismissed. Well, think about this. There's sexual assault and kidnapping charges. It is the same evidence.

WHITFIELD: So that's what I'm confused about. So why do those still stand?

FRIEDMAN: Well, it makes absolutely no sense. In fact, you know what? Donald Trump has -- and from a prosecutor's perspective, Donald Trump has a better chance of winning a against Rosie O'Donnell than Nifong has in this case. It's absolutely awful.

WHITFIELD: Real quick. Go ahead, Richard.

HERMAN: There's no scientific evidence and what's so distressing here is the fact that he went to a grand jury and had a grand jury charge rape when he knew full well the results of the DNA lab. He knew there was no DNA evidence and he still got a rape indictment.

It is outrageous, Fred. I'm telling you. People have to be up in arms over this runaway prosecutor. He's got to be punished. You cannot obstruct justice. If I do it as defense attorney with my client, we get five years for each count. He must be punished for what he's done in this case.

FRIEDMAN: It is not going to happen.

WHITFIELD: OK, and I have a feeling, you guys, we are going to be talking about this case again.

FRIEDMAN: Yes, it's not going to happen.

WHITFIELD: There's a whole lot of stuff that has yet to happen. And we are not done with you on the whole legal front anyway, because we have another case that I want to talk to you guys about after this break.

Up next, Dick Cheney on the stand. It could happen. Scooter Libby's perjury trial, next, in the NEWSROOM.

(COMMERCIAL BREAK)

(WEATHER REPORT)

WHITFIELD: Dick Cheney for the defense. Scooter Libby lawyers say they will call the vice president to testify next month on behalf of his former aide. Libby is charged with perjury and obstruction of justice in connection with the leak that Valerie Plame was a CIA operative.

Let's see what our legal experts have to say about this high- stakes court drama, and once again, Avery Friedman and Richard Herman.

All right. You guys, once again, here is another thing. I think both of you said you saw it coming.

This time you, Avery. All right. So if the vice president does testify, could he simply say I take the fifth or I don't recall? Is that what we might expect?

FRIEDMAN: Well, I don't know that -- he could, of course, technically, Fredricka, but I think what we are going to see is Dick Cheney is going to testify that his former chief of staff, Mr. Libby, was so busy, the enormity of the job was so significant that it is understandable that he may have mixed up the fact that he, Cheney, did tell him about Plame.

On the other hand, the error, the reason he got charged with three separate crimes here was that Libby forgot that he learned it from Cheney but also learned it from Tim Russert and then spoke to Matt Cooper and Judith Miller of the "New York Times." So it is really complicated and he needs that testimony.

WHITFIELD: Oh boy. Oh boy. So Richard, is this going to make it more murky or is it really going to clarify things?

HERMAN: I think, Fred, that -- I think if the vice president does testify -- and I don't believe that he is going to, but if he does, I think he's going to do everything he can to insulate himself and the administration from Libby.

Don't forget, this case -- it's just absolutely incredible that leaders of our government would intentionally out a CIA individual from our country. I mean, it is just beyond belief here.

But, you know, there's so much scrutiny on the Bush administration and Cheney wants to testify, which is a little alarming to me. But I think he's going to try to insulate and maybe, you know, say Libby was on his own on whatever he did. I have no knowledge of that and that's it

WHITFIELD: So, Avery, it is still iffy if he testifies. I mean, what would the real purpose of his testimony? I mean, what could he bring to the table that could help Scooter Libby?

FRIEDMAN: Well, and -- actually, what is interesting about what you are asking is that there was some discussion of whether or not the prosecution would call the vice president.

Now we are seeing the defense team calling him and, again, all that Libby could use from Cheney is to say, number one, I forgot that I did talk with the vice president. The vice president will say yes. Remember, no one has been charged with espionage. Nobody. So the whole lesson here...

WHITFIELD: Right, we've got the perjury, obstruction of justice.

FRIEDMAN: Exactly. So if Cheney can say look, I told him it was not -- there was no intention to disclose anything, and indeed, because of the enormity of his responsibility, we understand how he could have forgotten what happened.

WHITFIELD: Oops, my bad.

FRIEDMAN: Right.

WHITFIELD: All right. Avery and Richard, thanks so much and thanks for breaking it down for us.

FRIEDMAN: Fred, have a wonderful holiday. All the best.

HERMAN: Happy holiday.

WHITFIELD: Oh, thank you so much.

HERMAN: You too, my friend, Avery.

FRIEDMAN: Take care.

WHITFIELD: All the best to you as well. See, you guys really are friends.

FRIEDMAN: Absolutely.

WHITFIELD: All right, have a great holiday.

FRIEDMAN: You too.

WHITFIELD: Well, perhaps no story has gotten many headlines this weekend. This one, the ugly battle, the smackdown between Rosie O'Donnell and billionaire Donald Trump. Up next in the NEWSROOM, what kind of Christmas card would Rosie send to the Donald? Would there even be one? Only Jeanne Moos can tell you.

(WEATHER REPORT)

(COMMERCIAL BREAK)

WHITFIELD: All right, Bonnie, give us some good news.

(WEATHER REPORT)

WHITFIELD: All right, thanks so much. Well, Bonnie, 'tis the season to be jolly, right?

Well, somebody tell Rosie O'Donnell and Donald Trump. They are instead exchanging insults instead of presents this holiday season.

Well, leave it to CNN's Jeanne Moos to come up with the Christmas card ideas and the musical montage of the mudslinging.

(BEGIN VIDEOTAPE)

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT: 'Tis the season of peace, love and joy. So naturally our thoughts turned to those venomous exchanges between Rosie and the Donald, and we got to wondering what sort of Christmas cards would those two exchange?

(MUSIC)

DONALD TRUMP, REAL ESTATE DEVELOPER: Rosie O'Donnell is disgusting, I mean, both inside and out.

ROSIE O'DONNELL, TALK SHOW HOST: There is, hair looping, going everyone deserves a second chance.

(MUSIC)

TRUMP: You take a look at her, she's a slob.

O'DONNELL: I just think he's a bag of wind.

(MUSIC)

TRUMP: Well, Rosie's a loser. She's always been a loser.

O'DONNELL: He's the moral authority. Left the first wife, had an affair, left the second wife, had an affair.

(MUSIC)

MOOS (voice-over): Did they say Rosie?

TRUMP: She's basically a disaster.

O'DONNELL: This man is like, sort of, one those, you know, snake oil salesman in "Little House on the Prairie."

(MUSIC)

TRUMP: She ought to be careful, because I'll send one of my friends to pick up her girlfriend.

O'DONNELL: Look who's here today. Kelly. I was afraid to leave her home in case somebody with a comb-over came and stole her from me. (MUSIC)

TRUMP: Can you imagine what Kelly has to put up with, living with this person (ph).

(MUSIC)

TRUMP: She can't be thrilled kissing Rosie O'Donnell. Can you imagine that? What's worse than that?

(MUSIC)

O'DONNELL: Frankly, here's her comment to him.

TRUMP: I'd like to take some money out of her fat-ass pockets.

(MUSIC)

TRUMP: You know, taking money out of her big, fat ass would be probably something that's very easy.

(MUSIC)

MOOS: Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

WHITFIELD: Oh, a lot of jolly in the house.

All right, straight ahead, "Time" magazine's idea of who had the biggest influence in 2006. Hint. It wasn't Rosie, it wasn't the Donald. Why you! And how did the selection come to be. Soledad O'Brien hosts our special.

Then, in the NEWSROOM at 4:00 Eastern, living paycheck to paycheck. Too many of us doing it. You might be surprised at how many are just one paycheck away from becoming homeless. .

A check of the day's headlines is next, and then "TIME PERSON OF THE YEAR."

(COMMERCIAL BREAK)

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