Return to Transcripts main page

CNN Newsroom

Wither Weather Grips Southeast; Casey Nomination; Legal Limits of Advertising

Aired February 01, 2007 - 14:00   ET

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

DON LEMON, CNN ANCHOR: Hello, everyone. I'm Don Lemon, live at the CNN world headquarters in Atlanta.
KYRA PHILLIPS, CNN ANCHOR: And I'm Kyra Phillips.

They shut down a city and now face felony charges, but did they actually break the law? We're going to talk about the legal aspects of guerrilla marketing.

LEMON: Also, Charlotte, North Carolina's light blanket of snow on its way to becoming a dangerous sheet of ice.

Details straight ahead in the CNN weather center.

PHILLIPS: And how do you say hell hath no fury like a woman scorned in Italian? A world leader in a world of embarrassment, thanks to the Mrs. Ciao Bella.

You're live in the CNN NEWSROOM.

Back in the weather center, Rob Marciano tracking the storm system and a few more. One of our lead stories at the top of the hour.

Hey, Rob.

ROB MARCIANO, CNN METEOROLOGIST: Hi, Kyra.

(WEATHER REPORT)

PHILLIPS: And just North of Atlanta, well into the Carolinas, snow, sleet and icy rain mean a day off for some, but not our meteorologist, Reynolds Wolf. He's braving the elements in Charlotte, North Carolina.

It was a lot crazier this morning. It's calmed down a tremendous amount.

REYNOLDS WOLF, CNN METEOROLOGIST: Yes, we've seen quite a few changes here, Kyra, to say the very least.

We started off this morning, everything was very quiet, and then we had quite a rush of snowfall, about an inch and a half at our location. And then we had a bit of a mix. Not only some snowflakes, but we saw some sleet, a little bit of rainfall. Some of it was indeed freezing. We did have a little bit of ice on some of the grass, a little touch of it in the trees. But for the time being things have really calmed down.

We do have a bit of good news to share with you, and that is the National Weather Service has canceled the winter storm warning that was in effect for the Charlotte area, as well as for much of the Carolinas. However, we still have slick road conditions to be dealing with.

Right over my shoulder, take a look at this. This is that stretch of I-77 that we've been watching all morning long. This is one major artery that zips right into the Queen City. And as you take a look at this video of the traffic, it has been really wet going for many people this morning.

During rush hour, we had a lot of folks that didn't even go to work today, so that certainly helped matters, but still we had a few fender-benders to deal with -- in fact, well over 100 accidents. But the great news -- the great news about that is we didn't have any fatalities to report, certainly great news there.

Now, one of the reasons why the roads were in decent shape is because -- well, it's actually a twofold reason. As we go to this video, we had some brine trucks that came out last night, and what they did is put this brine solution on the freeway, a combination of ice, as well as salt, and then today, they've been pouring salt on the roadways on top of that, so that's really been keeping that ice at bay. So that has certainly been good news.

Also, another great bit of news was for the kids today. Charlotte city schools were out and kids had a chance to go out there and put on the parkas and put on the sleds, as you're seeing with this video. And they were enjoying themselves, no question about it. Throwing the snowballs around, having fun.

But the thing that's interesting about it is, we can expect much of this -- this snow, much of this to be gone by tomorrow. Because we're expecting temperatures to have some 15 to 20-degree swing as we get to tomorrow afternoon, and that certainly is going to help matters.

A couple of other tidbits of great news. Duke Energy, which supplies power to nearly 2.5 million people in the region, only reported about 1,000 -- 1,000, customer outages or power outages, which is great for any type of big weather system that goes through a given area. If you only have 1,000 outages to report, that's -- that's thumbs-up, no question about it. So they are very happy about that.

There is still going to be a chance of some icing tonight and for tomorrow morning, as well. Black ice could be a problem for many people trying to make their way to work, perhaps going down the street on the sidewalks. You're certainly going to have to watch your step and certainly be careful out there, but for the most part, it looks like the worst has passed.

That's the latest we have for you from Charlotte. Let's send it back to you in the warm and cozy studios.

PHILLIPS: Oh, yes, it is. It's getting good for you, though. Or getting better, I should say.

Thanks, Reynolds.

LEMON: From battlefield commander to a desk job in D.C.? Maybe. Four-star Army general George Casey, fresh from Iraq, is President Bush's choice for Army chief of staff, but he's got to win over 51 senators first, and that brings us to this lady right here, to the Pentagon, and CNN correspondent Barbara Starr.

Barbara, quite a frosty reception for the general.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, it was, Don. About four hours of testimony, as George Casey tries to get confirmed in a new job as Army chief of staff after serving, as you say, some two and a half years as the top commander in Iraq.

Most of the questions, of course, were about Iraq. A lot of questions about why General Casey may not have requested more troops in recent weeks, until the president wanted them. General Casey absolutely refusing to back down.

Listen to his exchange with the chairman, Senator Carl Levin, of Michigan.

(BEGIN VIDEO CLIP)

GEN. GEORGE CASEY, ARMY CHIEF OF STAFF NOMINEE: It is not lost on me that the commander in chief wasn't satisfied with the -- what was going on.

SEN. CARL LEVIN (D), MICHIGAN: Well, but his description, even he came to the point after all these years of not having what everybody wanted, which is success in Iraq. He finally described mistakes were made, and then he said, yes, one could define that doing what we're doing as "maybe a slow failure."

And I'm just wondering whether you would agree with that.

CASEY: I didn't -- I actually don't see it as slow failure. I actually see it as slow progress.

(END VIDEO CLIP)

STARR: So, Don, you see the body language there. You see the verbal language there.

General Casey just simply refusing to back down when questioned about, you know, why his view seemed to diverge from that of the president of the United States -- Don.

LEMON: It does seem, as we said before, a little frosty, a little cold on both sides. Here's a question, though. Will Casey confirmed? Does it look likely? STARR: Well, you know, who knows. But, it does seem as though he probably will get confirmed at this point. Anything could develop.

Senator McCain, of course, the Republican from Arizona who has been very opposed to the administration's conduct of the war, perhaps was the strongest questioner, saying that he, himself, had very strong reservations about General Casey taking this job -- Don.

LEMON: All right. Barbara Starr, thank you so much for that.

And speaking about Iraq, suicide bombers on foot killed themselves and at least 61 others today in a jam-packed outdoor market in Hilla, south of Baghdad. Iraqi police say about 150 people are wounded.

PHILLIPS: Cease and desist, a warning to Iran from the Bush administration over Tehran's suspected support of militants in Iraq. The State Department says Iranian troops have no business even crossing the border.

(BEGIN VIDEO CLIP)

NICHOLAS BURNS, UNDERSECRETARY OF STATE: You know, we have a U.N. Security Council resolution that authorizes United States military forces to be in Iraq. Iran doesn't have any such resolution. There shouldn't be Iranian intelligence and military officials running around Iraq, fomenting at the kind of disunity and violence that is at the hear of the problems of that country.

(END VIDEO CLIP)

PHILLIPS: Five American soldiers died in a sneak attack in Karbala, Iraq, January 20th. The U.S. military is investigating whether the attackers may have been Iranian or Iranian-trained.

LEMON: Well, it must have seemed like a good idea at the time. Now felony charges for some, and a hefty, a hefty security tab for others. The latest on a publicity stunt gone awry ahead in the CNN NEWSROOM.

PHILLIPS: Marked for death? While one British Muslim soldier goes into hiding, others wonder whether they could be targets of terrorists.

The story straight ahead from the CNN NEWSROOM.

(COMMERCIAL BREAK)

LEMON: Turner Broadcasting, CNN's corporate parent, is apologizing for yesterday's terrorism scare in Boston. The two men who allegedly installed the electronic light boards that triggered the alarm are facing charges. The Cartoon Network's attempt at guerilla marketing obviously didn't work out the way it was supposed to. But when does advertising become illegal?

Well, Paul Callan is a former New York City prosecutor and a professor of media law at Seton Hall University, and he is in New York and he's joining us today. Real quickly, I want to ask you, what do you make of all this?

PROF. Paul CALLAN, SETON HALL UNIVERSITY: Well, it's certainly a strange case. You have criminal charges, very serious criminal charges being lodged against these two individuals who placed these electric light boards, and the criminal charges essentially say that there was a deliberate attempt to place a device that looked like a bomb.

That's what prosecutors will have to prove, that these men should have known that this light board of a cartoon character looked like a bomb. And while it disrupted Boston and it was a terrible thing, I think they're going to have a difficult time convincing a jury that this cartoon character looks like a bomb.

LEMON: Yes. I was going to ask you what will it take in order to get this to stick, but they're being prosecuted under two different laws. They were charged $100,000 bond, first of all, under two different laws that will be prosecuted. One is for felony hoax and the other for disorderly conduct.

Disorderly conduct, misdemeanor. The other one is a felony, correct?

CALLAN: Yes. The first one, the felony, up to five years in prison if there is a conviction. The misdemeanor count, they face about six months in jail if convicted.

LEMON: What are the chances as a former prosecutor do you think that they would be convicted for these two guys to go to jail?

CALLAN: Well, you know, Don, on the one hand, you're going to have a jury of Bostonians who are infuriated that they were tied up in traffic and that their city was paralyzed by this really misguided advertising stunt. But on the other hand, juries have to find guilt beyond a reasonable doubt, and here you have to prove that this device looked like -- it's called an infernal machine. In other words, a bomb.

And when you see the picture of it, I mean, you know, it's a -- it's a lit-up board with a cartoon character on it. So why would you think that was a bomb?

The defense attorneys are going to say Boston police overreacted and now they are trying to have the scalp of these two artists who placed the devices.

LEMON: And Mr. Callan, did you have any chance at all to take a look at the press conference when these guys were being spoken to earlier?

CALLAN: Yes, I did. I watched it on CNN, as a matter of fact.

LEMON: Yes. It appears they were talking about hairstyles from the '70s -- from the '60s and '70s, and it doesn't appear -- it doesn't appear that they may be taking this seriously. I know that they can't talk about the case, but what do you make of that? Do you think that any -- I don't know, some people are saying that they were just doing their job -- that any sense of going along with these guys may be gone now because they appear not to be taking it seriously?

CALLAN: I think they are making a big mistake in not taking this seriously. Let me tell you something, the mayor of Boston, the attorney general of Massachusetts, law enforcement authorities are taking this very seriously, and they are treating it as a joke. I mean, they are -- they characterize themselves as performance artists and, you know, they are really being rather silly. But, you know, they are facing five years in prison. So I wouldn't be joking around too much about it.

LEMON: Yes. And, you know what? We have some of that. And just to sort of back up what we're talking about, let's take a listen to what these two guys said after they got out of court.

(BEGIN VIDEO CLIP)

QUESTION: How do you feel right now?

PETER BERDOVSKY, ACCUSED IN ALLEGED HOAX: I feel like I my hair is pretty perfect, but altogether, I want to redirect this on to the topic of haircuts in the '70s, because I want to educate myself about it a little bit more than...

(CROSSTALK)

QUESTION: We saw them laughing in court. We see their appearance now.

The prosecutors are taking this seriously. Are they not taking it seriously? Can you just step to the microphone, please?

(END VIDEO CLIP)

LEMON: So, Mr. Callan, there you go. I mean, it caused a big scare not only in Boston, but around the country yesterday, and it appears that, again, any sympathy you might have for these guys, it seems like it's pretty much lost now.

CALLAN: Yes, especially with Boston jurors. I mean, had they come out of the courthouse and said, you know, we're sorry about this, we were just doing our job, we were hired by an advertising agency, we just did what they asked us to do, you'd have some sympathy for them. But they are treating it like a joke. And I think they are increasing the possibility that they're going to get convicted if prospective jurors were watching and remember this.

LEMON: Let's talk about who's going to pay and who should pay in all of this. Dan Conley, who is the Suffolk County district attorney, not happy about it. He spoke out saying that someone should be held responsible and maybe that -- maybe our parent company, Turner.

Let's take a listen.

(BEGIN VIDEO CLIP)

DAN CONLEY, SUFFOLK COUNTY DISTRICT ATTORNEY: Those responsible for this reckless stunt are held to account are for the damage they did in the city and the region today. And I'd like to point out that everyone can play a part by holding Turner Broadcasting to account for today's events.

(END VIDEO CLIP)

LEMON: Well, Turner issued a press release saying, "We apologize to the citizens of Boston that part of a marketing campaign was mistaken for a public danger. We appreciate the gravity of this situation, and like any responsible company, would, and are putting, all necessary resources toward understanding the facts surrounding it as quickly as possible."

Now, I don't want to judge these two men, but it appears that they are not millionaires, that they are not wealthy. Is this going to be a case that we're going after where the money is?

CALLAN: Well, there are two aspects to this case. One would be a civil case for the damages sustained by the city of Boston in deploying police forces. That could amount to hundreds of thousands of dollars, and obviously Boston is going to be looking at the Turner Broadcasting Network and possibly the advertising agency to collect the money.

But bear in mind that Turner could be found -- or could be indicted on criminal charges if they could be connected directly with the instructions to place these devices at different locations in Boston. So, this could become a major corporate criminal case if law enforcement authorities in Massachusetts decide to continue down the road that they've started down by indicting these two young men.

LEMON: And Mr. Callan, you know, we interviewed a gentleman in our first hour and we talked about guerrilla advertising, guerrilla marketing. And just last year, the same thing with a movie, "Mission Impossible 3," where these little bomb-like things -- looking things were placed in news boxes in Los Angeles, and a V.A. building had to be evacuated.

They brought in and disabled one of the devices. And now $92,000 they are saying to close down the V.A. Affairs Medical Center there and they are thinking of filing suit.

Have we gone too far in this post-9/11 world? How far should we go? What's happened to freedom of expression, freedom of speech in all this?

CALLAN: Well, you know, from a media law standpoint, society has changed radically since 9/11. You know, prior to 9/11, these guerrilla campaigns were very, very common. I mean, it started with, in New York, you would see writing on sidewalks when they would try to advertise films, and then people became more inventive with different ways to attract press coverage.

But we now look at everything through the lens of September 11th, and I think anybody planning a guerrilla campaign has got to say, can this be misinterpreted? Would this look like a threat to the public? Would somebody think this is a bomb?

And that's just the reality of the world we live in. And I think people have to be conscious of it.

Now, whether, Don, a jury will actually convict and send somebody to jail for, in essence, what was an advertising prank, is another matter. But it's certainly going to cause a lot of consternation at Turner, at the advertising agency, and in other places in America.

LEMON: And you can bet that question you asked is going to come up in lots of meetings when you are considering your campaign.

Paul Callan, a former New York prosecutor and a professor of media law at Seton Hall.

Thank you for joining us.

CALLAN: Nice to be here, Don.

PHILLIPS: A news conference that goes three and a half hours? I guess that's what happens when you face reporters only once a year. What did Russia's President Putin have to say? We'll have the details.

LEMON: A curious case gets curiouser in Florida. A man suspected of killing a sheriff's wife was also suspected of his own wife's death.

More on that straight ahead in the CNN NEWSROOM.

(COMMERCIAL BREAK)

PHILLIPS: For Russian president Vladimir Putin, once a year is enough. Once a year, Putin holds a nationally televised news conference, and today's the day.

Here's CNN's Matthew Chance.

(BEGIN VIDEOTAPE)

MATTHEW CHANCE, CNN SR. INTERNATIONAL CORRESPONDENT: Well, this is a rare opportunity for reporters in Russia to pose direct questions to the country's president. Vladimir Putin was asked about a wide range of issues, many of them extremely controversial. A number of questions focused on Russia's energy policies.

President Putin denying the Kremlin was using Russia's vast reserves of oil and gas to bully its neighbors. Here's what he had to say.

VLADIMIR PUTIN, RUSSIAN PRESIDENT (through translator): We are being ascribed the idea that Russia is trying to use the economic and the energy leverage and resources to political ends. This is not true.

The Russian Federation has fully and is going to continue to meet its international commitments, but we are not obliged to subsidize the economies of other countries on a grand scale which is comparable to their budgets. And nobody is doing that, and why are we required to do so?

CHANCE: Well, President Putin was also asked about political killings in Russia. He paid tribute to the murdered Russian journalist Anna Politkovskaya, saying her sharp criticism of the Russian government was a good thing.

He was less kind, though, about the poisoned former Russian agent Alexander Litvinenko. Any secrets that individual had, he said, has already been revealed.

President Putin was also tight-lipped about who might be his successor as Russia's president when his second and final term expires early next year. He had his preferences, he said. He won't reveal them until the election campaign has begun.

Matthew Chance, CNN, Moscow.

(END VIDEOTAPE)

LEMON: We track hurricanes, pollen counts, and terror levels, but the CDC thinks we need a chart tracking something else. Details on a different kind of temperature gauge ahead in the CNN NEWSROOM.

(COMMERCIAL BREAK)

PHILLIPS: Hello, everyone. I'm Kyra Phillips, live at the CNN world headquarters in Atlanta.

LEMON: And I'm Don Lemon.

Is Iran pulling deadly strings in Iraq? Well, some U.S. officials say they've got a mountain of proof. Jamie McIntyre has the details.

You're live in the CNN NEWSROOM.

PHILLIPS: Has the fight for Iraq become a fight with Iran? The Bush administration is said to be gathering evidence Iran is aiming and training Iraqi Shiite insurgents and may be even taking part directly in attacks on U.S. interests or forces. Iraq's prime minister said as much in an interview with -- this week, rather, with CNN.

CNN senior Pentagon correspondent Jamie McIntyre has the latest.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN SENIOR PENTAGON CORRESPONDENT (voice-over): A brazen attack on this Iraqi government center in Karbala almost two weeks ago is the latest incident in which anonymous U.S. officials are pointing an accusing finger at Iran.

But Pentagon officials say it's only a suspicion based on the sophistication of the attack and concede there's no direct evidence to corroborate Iranian involvement.

Even as other U.S. officials claim a mountain of proof to support the more sweeping charge that Iran is backing several militia groups in Iraq with money, weapons and expertise. The evidence is said to include computer files seized during a raid in northern Iraq last month, in which five Iranians were detained. The State Department promises once declassified, the evidence will be of smoking-gun quality.

SEAN MCCORMACK, STATE DEPT. SPOKESMAN: We're going to do it in such a way that it is -- it is properly presented and it is clear.

MCINTYRE: The U.S. also wants to avoid an embarrassing repeat of Colin Powell's convincing but ultimately inaccurate WMD presentation to the U.N. back in 2003.

TRITA PARSI, IRANIAN-AMERICAN COUNCIL: I think the president is going to have a very, very tough case to make because of the past failures of his administration to present credible and correct evidence for the accusations that he has made.

MCINTYRE: Trita Parsi is president of the Iranian-American Council. He doesn't defend Iran, but says it's mostly supplying Shia groups, while Syria and Jordan appear to be helping the Sunni insurgents.

PARSI: I don't have any doubt in my mind that the Iranians are involved in Iraq. Everyone knows that. The question is, are the Iranians the ones that are supporting the groups that are killing Americans?

MCINTYRE: Most of the evidence cited so far by the U.S. military consists of weapons founds in Iraq but made in Iran. The list includes shaped charges used to make armor-piecing IEDs, detonation wire, rocket-propelled grenades and 82 millimeter mortars and Katyusha rockets.

(on camera): So far, the evidence the U.S. has made public, while incriminating, is circumstantial. The discovery of Iranian-made weapons in Iraq does not establish a direct link to the government in Tehran. But the U.S. insists it has the proof and will produce it if Iran doesn't back off.

Jamie McIntyre, CNN, the Pentagon.

(END VIDEOTAPE)

PHILLIPS: And we're going to have more on the strategy in Iraq in the NEWSROOM tomorrow. Major General Don Shepperd, Brigadier Generals David Grange and James "Spider" Marks will join us right here in Atlanta. You don't want to miss it.

LEMON: Well, for the first time in his six years in office, President Bush is awaiting a bill from a Congress controlled by Democrats. He shouldn't hold his breath. The Senate is poised to vote on a hike in minimum wage from $5.15 an hour, where it's been for ten years, to $7.25. However, the Senate bill includes $8 billion in tax breaks for small businesses. And the wage hike bill that passed the House does not. It will thus be up to a conference committee to work out the compromise. New details in the murder of a sheriff's wife in Florida, in the Florida panhandle. Mellie McDaniel (ph) was shot and killed Tuesday after calling her husband and telling him she had been followed home from the grocery store. The husband and several deputies rushed to the McDaniels' home. One deputy and both suspects were killed in the shootout. Investigators now say the gunmen were wearing disguises and carrying plastic restraints, bleach, vinegar and latex gloves. Whatever they were up to died with them. Prosecutors say one of the men had been a primary suspect in his own wife's death in 2001.

PHILLIPS: We track hurricanes, pollen counts and terror level, but the CDC thinks we need a chart tracking something else. Details on a different kind of temperature gauge straight ahead from the CNN NEWSROOM.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: People come up and say, "Mr. President I am praying for you and your family."

The greatest gift a citizen of this country can give those of us entrusted with political office is to pray for us. And I thank those in our nation who lift all of us up in prayer.

(END VIDEO CLIP)

PHILLIPS: President Bush speaking this morning at the National Prayer Breakfast, the annual gathering brings together government officials, lawmakers and other leaders. Last October President Bush dealt gamblers a tough hand when he signed a law that effectively banning online gambling, but with the biggest football game of the year taking place this weekend, betters are finding a way to ante up.

Susan Lisovicz live from the New York Stock Exchange.

A little boring today, she's not chasing the president down on the floor of the NYSE, but, you know, she's still got news for us.

SUSAN LISOVICZ, CNN CORRESPONDENT: I'll tell you, it was exciting, wasn't it yesterday? Everybody's still talking about, the poor solitary NYSE photographer has been besieged by traders here. Every single one of them want to know if he's in a picture with the president. The answer is, no.

Anyway, I want to talk about something else that is important for a lot of folks. And that is Super Bowl Sunday. The government's crackdown on Internet gambling may have dented the industry, but it certainly hasn't halted Americans from betting, especially on the Super Bowl.

Many gamblers are simply returning to their old-school roots. But the bookie is doing more than just taking bets in person. He's now going high tech and taking them online, too. Because new legislation bans credit card payments from being directed to gambling sites, the "Wall Street Journal" says many bookies are getting around that by taking bets online, but then collecting the money in person.

Even though the law forced many online gambling sites to pull out of the U.S. market or shut down entirely, others have sprung up to cash in. That's because gambling is such a huge business and the Super Bowl draws more bets than any other sporting event.

The American Gaming Association says nearly $95 million in legal bets were placed on last year's Super Bowl at casinos in Nevada, the only place where it is legal to gamble on sports. But if you include illegal bets, that number climbed to an estimated $6 billion. Serious money, Kyra.

PHILLIPS: Wow. There's a lot of people out there that do that. Whether you're a better or not, though, JetBlue, taking care of travelers who want to watch the big game while in the air, right?

LISOVICZ: Yes, that is something to really -- that would really appeal to a lot of travelers on Sunday. It doesn't matter whether you're watching the Super Bowl for the game or for the commercials, you will see both. If you're flying JetBlue Sunday, you'll be able to see the game live on your seat-back TV because of the carrier's partnership with DirecTV.

Even if you're not putting money on the big game, chances are, you are spending more than you earn. New government numbers show the savings rate for all of 2006 came in at negative one percent. That is the lowest level since the Great Depression nearly 80 years ago. What that means is that not only do people spend all the money they earned, but they also dipped into savings or increased their borrowing to finance purchases.

(MARKET REPORT)

LISOVICZ: Coming up next hour, I'll let you know when you can get your hands on the final chapter of the "Harry Potter" series. You're watching CNN, the most trusted name in news.

(COMMERCIAL BREAK)

LEMON: The daily strain of bird flu claims another human victim, this time in Nigeria. It's one of the first groups of human cases that African country is reporting. A 22-year-old woman died two weeks ago and another member of her family is infected. Bird flu came to Nigeria last year, but no human cases were known until now.

Hurricane season, flu season, see any similarities? Well, the federal government says, and soon, you will, too. CNN medical correspondent Elizabeth Cohen joins us now with a new procedure that was just announced an hour ago, Elizabeth?

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: Not even that. Julie Gerberding was on a press conference call that I was just on and so I came here to talk to you.

LEMON: All right. COHEN: And she outlined this new plan, which is really quite interesting, because everyone knows if you say a category five hurricane, you have a pretty good idea for what that is or a category one hurricane, you have a good idea what that is.

So that's how they want to talk about flu outbreaks, from a category one to a category five. So let's take a look, there will be, again, five categories. A category one outbreak would like be a severe flu season, not like the one we are having now, which is pretty mild. But we can all remember that some flu seasons are more severe than others.

The category five would be the intensity of the 1918 flu pandemic. That was huge, 40 million people died worldwide. And of course, in between, would be fewer levels of deaths going from four back to two.

Now, what would happen once they say what kind of category we're in? States would decide what kinds of measures they want to take. For example, depending upon the intensity of the hurricane or of the flu, I should say, depending upon the intensity of that outbreak, they could do various things in order to help alleviate the problems.

First of all, states could decide to ask sick people to stay at home for seven to 10 days or they could ask household members of those sick people to stay at home for seven days. They could close schools for up to three months in some of the most severe situations. They could also recommend something the CDC is calling social distancing. In other words, that's telling people, you know what, maybe this really isn't a great time for a holiday party. Let's keep apart. Let's not all get together in one place.

LEMON: You know, the first time I heard about that he social distancing, I was taking a news class for the bird flu, and they said in case that happens, the avian flu, if you're in a subway, I think it's like three feet that you stay away, because that's how much that it will travel, three or four feet.

COHEN: Let me tell you. If the bird flu ever hits here in humans in a big way, you're going to want a lot more than three feet. You're going to want to be on another street.

And that actually is an interesting point, bird flu, because you might ask why is the CDC doing this now? Well, there was a lot of attention on bird flu. Less now, but there certainly was much in the past last year that there's concern that that virus that has attacked birds so intensely could turn around and attack humans on a massive scale.

It hasn't attacked on a massive scale yet, but there are still people dying every week of avian flu. The concern is that that virus or perhaps another virus is going to cause a pandemic, the likes of which we haven't seen in 40-something years.

LEMON: Of course, a year or so ago, when we first started to hear about it more, but we weren't ready for it and they admitted to that. There are skeptics in everything, about this announcement that Julie Gerberding just announced a short while ago. What are the critics saying about that?

COHEN: The critics are saying that perhaps it doesn't do enough. For example, the plan calls for canceling school for three months if there's enough of a problem. And that's all well and good, but then are the kids just going to get together at the mall? So then what have you achieved in that sense? Also some of the critics are saying, you know what? This plan doesn't do enough to get enough anti-virals made and enough anti-virals distributed to the population. So the devil's in the details, and some of the critics are saying that this isn't spelled out enough.

LEMON: But it's a start.

COHEN: It's a start and it's an interim plan. I mean, they plan on doing more later at some point.

LEMON: Elizabeth Cohen, thank you.

COHEN: Thanks.

PHILLIPS: Let me tell you, hell hath no fury like a woman scorned. That's a useful quotation for every married man to remember, no matter how rich or powerful he may be. Former Italian premier, Silvio Berlusconi, Italy's richest man, has been forced to write a public letter of apology to his wife. She was angered by reports that Berlusconi flirted with at least two starlets at a VIP party that followed a TV award show. She publicly demanded a public apology and now she has it.

Berlusconi wrote an open letter, saying, quote, "Forgive me, I beg you, and take this public show of my private pride, giving into your fury as an active love."

No word on whether he got out of the dog house or not.

LEMON: Uh-huh, now you know.

Well some cleaning video gets dirty looks.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: That's awful.

UNIDENTIFIED MALE: So how do you know when it's done?

(END VIDEO CLIP)

LEMON: Aww. Some say, it's funny. For others, it's a cat- astrophe. I didn't write that, but it was kind of cute.

PHILLIPS: And straight ahead, entertainment news with A.J. Hammer of "SHOWBIZ TONIGHT." A.J., what's on tap?

A.J. HAMMER, CNN HOST: Kyra, votes now being cast for the Oscars. And the actor that plays "Harry Potter" is taking it all off on stage, and we'll tell you when you can get your hands on the last "Potter" book. All that next in the NEWSROOM.

(COMMERCIAL BREAK)

LEMON: She coined the term, what was that term, Kyra?

PHILLIPS: Bootylicious.

LEMON: Beyonce is it, the most desirable woman in an online ranking by AskMen.com. The pop star takes the title from last year's No. 1 actress Jessica Alba.

PHILLIPS: "Harry Potter" is making news in more ways than one today and this year's Oscar ballot is about to make its debut. Joining me to explain a little showbiz, "SHOWBIZ TONIGHT'S" A.J. Hammer. Hey, A.J.

HAMMER: Hey there, Kyra.

Well, the Oscar race has officially begun, because the 5,830 ballots were mailed out yesterday to all the voting members of the Academy of Motion Pictures Arts and Sciences. Now the ballots have got to be filled out and returned to the Pricewaterhouse accounting firm by the 20th. Then, they will tabulate the results and five days after that, we all get to see who the big winners and the big losers are of the 79th annual Academy Awards.

Now, there are several categories that aren't on those ballots like best documentary and best live action short film. Academy voters have to attend mandatory screenings before they get those ballots, but of course, Kyra, the big ones are all right there. Hollywood's big day just a few days away.

PHILLIPS: Yep, you'll be all over it.

Now, A.J., not that the Oscars and "Harry Potter" go together, but there is big news about the young wizard.

HAMMER: Not a terrible comparison, though, because the past "Harry Potter" films, some of them have had various Academy Award nominations. But finally in the book world of "Harry Potter", the seventh and final book the "Harry Potter" series is now on the horizon officially. J.K. Rowling and her publishers have announced that "Harry Potter and the Deathly Hallows" will be published on July 21st.

The story of the teenage wizard has certainly become one of the most popular book series ever. The sixth book sold 6.9 million copies in the first 24 hours it was available. And all of the books combined have sold around 122 million copies, and that's just in the U.S. alone. And in a bit of marketing magic, the movie adaptation of the fifth book will be coming out eight days before the new book. Timing is everything.

PHILLIPS: Oh, isn't it in all fronts? Well, we're hearing a lot about both. And the movies that have starred the same kids in each film. But I hear they're growing up and trying a few new things.

HAMMER: Yes, they are. A bit of an understatement, actually, in the case of the movie's lead actor, 17 year-old Daniel Radcliffe. Of course, he's the actor who plays Harry Potter in all of the films. And he has, as you can now see, taken a very grown-up role in a London play. The Tony-winning play "Equus" is about a stable boy who has an erotic fixation with horses. If that wasn't controversial enough, these promotional photos are causing quite a stir among some parents who really don't like the idea of seeing someone so associated with a children's story baring it all.

Now, Radcliffe has been quoted as saying that he did all of this to, in part, to shake up the public's perception of him. Who can really blame him?

Well, we asked "SHOWBIZ TONIGHT" viewers last night if they think this is an inappropriate role for Radcliffe in our question of the day. And among those who voted, a two to one margin said they're OK with it. So it may be much ado about nothing, but everybody is entitled to their opinion.

Now, coming up tonight on "SHOWBIZ TONIGHT", I'm going one-on-one with former Miss Nevada Katie Rees. Now, Donald Trump fired her for posing in racy photos, but, of course, Trump did not fire Miss USA Tara Conner, who's getting a lot of press. She's out of rehab and confessing to using cocaine.

Do not miss what Katie Rees now has to say. It's a powerful interview and you'll see it on TV's most provocative entertainment news show. It's "SHOWBIZ TONIGHT". We'll look forward to you joining us at 11:00 p.m. Eastern and Pacific on "HEADLINE PRIME".

PHILLIPS: Thank you, A.J. Hammer.

HAMMER: You've got it, Kyra.

LEMON: And if A.J. has a monitor there, he wants to look at this. Everyone wants to see this. Talk about a bouncing baby boy. Look at this.

PHILLIPS: He looks like a little Buddha.

LEMON: This is not...

PHILLIPS: Rub his tummy and pray.

LEMON: Yes, well, this little fellow topped the scale at a whopping -- get this -- 14 1/2 pounds. Compare to that to Antonio -- compare Antonio to another newborn and you'll see why nurses at the hospital in Cancun, Mexico, call him Super Tonio. They say he's already gulping down five ounces of milk every three hours. And by the way, his older sister weighed in at 11 1/2 pounds when she was born. That is a big baby. PHILLIPS: What was mamma eating? She was taking serious multivitamins.

Well, leave it to the Internet to reinvent the wheel, or in this case, a controversial washing machine.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT, (voice over): The cat may be out of the bag, but it's in the washing machine.

You put the cat in the machine.

UNIDENTIFIED FEMALE: The cat?

MOOS: Actually, the pet washing machine is old hat. But this video on YouTube is making a splash. Kitty washing machine set to music.

MUSIC: Under the sea. Under the sea. Darling it's better down where it's wetter, take it from me

MOOS: Kitty's only in the wash cycle for less than a minute on YouTube, but cat wash rocketed on to BuzzFeed, which tracks the most discussed topics on the web. The result? Pet culture wars. Is it a feline concentration camp or is it horrible? Really, really horribly funny?

UNIDENTIFIED FEMALE: It looks like it's dying. Why would do you that?

UNIDENTIFIED FEMALE: That's awful! Oh.

UNIDENTIFIED MALE: How do you know when it's done? Is the cat dead or something?

MOOS: Well actually a full wash, rinse and dry lasts about 20 minutes and the folks who market Pet Spa to pet groomers say it reduces pet stress. Tell that to kitty.

UNIDENTIFIED FEMALE: Is it tumbling around or something?

MOOS: No, no, it doesn't tumble.

The water comes out in massaging jets. The makers say it gets pets really clean and dogs really like it, though cats tend to freak out at first. Who wouldn't freak out?

UNIDENTIFIED FEMALE: It's OK, babe, you're just taking a shower.

MOOS: And we all know how much cats love showers. Type in "cat bath" and you get 400 hits on YouTube. This one's entitled "cat bath hell." Maybe a cat washing machine would be easier.

UNIDENTIFIED MALE: No, that looks illegal.

MOOS: One outraged e-mailer compared it to waterboard, when interrogators pour water on suspects to get them to talk.

UNIDENTIFIED MALE: They ought to try putting some humans in there.

MOOS: Well, actually, the lifetime show, "Off The Leash," did, and she survived. So did the now famous YouTube cat, though his owner did take him out early.

UNIDENTIFIED MALE: They clean themselves.

MOOS: The makers of Pet Spa say the video misrepresents the product that they spent 13 years developing it with the help of animal behaviorists and no pet has ever been injured. But the People for the Ethical Treatment of Animals say "using this machine is as ridiculous as tossing toddlers in the dishwasher."

UNIDENTIFIED FEMALE: If it's squirted on the right place, it is would feel good.

UNIDENTIFIED FEMALE: I don't like that. Can I leave now?

MOOS: She can. Not the cat.

Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

LEMON: Only Jeanne Moos.

Well, it must have seemed like a good idea at the time. Now, felony charges for some and a hefty security tab for others. The latest on a publicity stunt gone awry, straight ahead in the NEWSROOM.

PHILLIPS: Groundhog Day, Iraq style. Troops at Ft. Stewart get ready to ship out to Iraq again, when surge means redeployment, is what we're talking about coming up in the NEWSROOM.

VERONICA DE LA CRUZ, CNN CORRESPONDENT: Every week CNN.com is profiling individuals you should get to know from government to technology to entertainment. You can find the special report online at CNN.com. Keep an eye on the newly elected Democratic senator from Virginia, Jim Webb. He's a decorated Vietnam War vet and former secretary of the Navy in the Reagan administration.

Webb was chosen to deliver the Democratic response to President Bush's State of the Union Address because of his criticism of Bush's handling of the war. During his Senate campaign, Webb wore son's own combat boots to support him and all of the troops in Iraq.

You should also get to know who Shannon Lucid is. This remarkable astronaut has worked at NASA for almost three decades and logged more hours in space than any other female astronaut. In 1996 she was awarded the Congressional Space Medal of Honor for her record- setting flight on the Russian Space Station Mir. You can read more online at CNN.com/peopleyoushouldsnow.

For the DotCom Desk, I'm Veronica De La Cruz.

(COMMERCIAL BREAK)

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