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Anna Nicole Smith's Will Names Howard K. Stern as Executor; Ryan Crocker Nominated to be U.S. Ambassador to Iraq; Stern Response to Tim Hardaway

Aired February 16, 2007 - 14:00   ET

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

KYRA PHILLIPS, CNN ANCHOR: Anna Nicole Smith names names in a five- and-a-half-year-old will. After a week of speculation, Smith's last will and testament was filed today in Florida.
And CNN national correspondent, Susan Candiotti, has been doing some speed reading in Ft. Lauderdale trying to figure it all out -- Susan.

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: And that's why I'm also glad we have some lawyers to help us to analyze this.

This document is 18 pages long. It was signed by two witnesses in California. As you indicated, it was signed in 2001. And here is the signature of Anna Nicole Smith.

Of course, Vickie Lynn Marshall is her given and legal name, Vickie Lynn Marshall. You see the signature there for this document.

It is no surprise that it names Howard K. Stern as her executor -- we already knew that -- and that no assets were to be given to him. There is nothing in this will that indicates where she wishes to be buried.

What is unclear about this is to whom her assets are to go now because when it was written, her property, her assets, were to go to her son Daniel. But, of course, he died in September of an overdose in the Bahamas. That is where he is buried.

And now we are reading this other part of the will that says the following. Let me read this to you.

It says, "I have intentionally omitted to provide for my spouse and other heirs, including future spouses and children and other descendents now living and those hereafter born or adopted." So this now raises the question, to whom do her assets go if she is omitting future children.

So for that, Kyra, I think you have someone there with you to whom we can ask some questions.

PHILLIPS: There we go. All right, Susan, you are absolutely right.

We wanted to bring in Court TV anchor Lisa Bloom. She's been following this, too. She's reading through the will.

And I kind of want to have a conversation here because Susan has been trying to go through this will and figure out a couple of things that to all of us seem a little confusing, Lisa. And so did you hear what she's talking about with regard to the assets?

LISA BLOOM, COURT TV: Yes.

PHILLIPS: OK. Can you try to explain that to her?

BLOOM: OK. Hats off to Susan, because she really put her finger right on the key issues.

Everything was to go to Daniel under this 2001 will. Nobody ever imagined that Daniel would predecease Anna Nicole, except that lawyers who write wills usually do take into consideration that possibility.

And so when someone wants to leave their entire state to one person, as Anna did to her son Daniel, usually there's a follow-up paragraph that says, "In the event he predeceases me, then all of my assets will go to..." somebody else. This will does not say that, and this will goes farther. It includes language that is somewhat standard but that's always optional that says, "I specifically have omitted any spouses or any future children."

Now that's curious, Kyra, because we know in 2001, around the time that this will was written, Anna Nicole was apparently talking to a lot of people about potentially having another child. And the fact she includes this language or her lawyers included this language, specifically omitting another child, is very curious.

What we have here, in a nutshell, I am sorry to say, is another will contest. There's no question in my mind that because this will leaves everything to Daniel and Daniel is gone, and doesn't provide what's going to happen in that event, we're going to have a contest between her other surviving heirs. That would be her daughter, Dannielynn, 5 months old, and her mother, Virgie Arthur.

Those are two close relatives of her who would have a right to take if she died in testate without a will. She died with a will, but the will doesn't leave anybody left for the assets to go to. So what we have is another will contest.

PHILLIPS: Wow. All right.

Susan, are -- Susan Candiotti, are you still with us?

CANDIOTTI: I am. And as a matter of fact, as soon as we knew that this will was going to be released, one of the first things we started talking to the lawyers about and when court ended this day was, all right, why will this be important? What are we going to learn from it? And the first thing out of their mouths was, "When this will is released, we will have no comment for you, nothing to say, no explainer. You'll have to wait for court on Tuesday to hear more from us about that."

But, you know, there's another paragraph in here...

PHILLIPS: Ask about the toxic contamination. Remember that one you asked about, Susan?

CANDIOTTI: Yes. That's in here, too. And it says that if there is any toxic contamination found on any of her property then the assets from her estate can be used and should be used to clean that up.

I don't know whether that is standard or because, I believe, she has done some work on behalf of PETA, for example, an animal rights group, perhaps this is some relation to that.

PHILLIPS: What does that mean, Lisa Bloom?

BLOOM: That's a new one. I have not heard that about toxic contamination. I mean, it is standard in a will that first the assets will go to pay for any expenses that the decedent left behind. So, perhaps this is something in that category.

And, of course, it also says that anybody who contests the will and loses shall take nothing. That's standard language, because people who write a will want it to be upheld. And they want relatives who come forward later and dispute it to be cut out. So this will provides for that as well.

PHILLIPS: All right.

Susan, you had another question as you were thumbing through the will there.

CANDIOTTI: Well, this may be partially what Lisa just addressed. There's an Article 6 in here that says under the headline "No contest and Disinheritance" -- and it says, "If any legal heir of mine, any person claiming under any such heir directly or indirectly contests or attacks this will, then they should be..." ignored, in so many words. But it says, "Except as otherwise provided here and in the trust, I have intentionally omitted to provide for any of my heirs or persons claiming to be my heirs, whether or not known to me."

I suppose that is standard, too, Lisa?

BLOOM: Well, let me explain why that's in there. Because, you k now, it's a very common situation. If somebody makes a will, then they forget about it, years go buy, and then they have new relatives -- for example, a new baby. And just because that baby isn't named in the will, the law isn't going to cut that child out.

The law is going to assume that the parent intended to provide for a child and it was just an oversight that they didn't update the will after the baby was born. So that child is only going to be cut out of the inheritance if the person specifically disinherits all future children.

And it's very surprising to me that Anna Nicole specifically did that in her 2000 will. The will actually says she does not intend to leave anything for any future children. I think that would clearly include little 5-month-old Dannielynn.

PHILLIPS: So does that mean when this all comes to an end... CANDIOTTI: You know, here's...

PHILLIPS: Go ahead, Susan.

CANDIOTTI: I was just going to say, do you find it interesting, Lisa, that when her daughter Dannielynn was born in September that her partner, Howard K. Stern, a lawyer, didn't say, "You know, we need to update your will"?

BLOOM: Well, look, I have said on Court TV many times on my program that I think it's shameful that Howard K. Stern was both her life and her lover. It's highly unethical, and as a lawyer myself, I mean, it's just deeply offensive to me, because I think he was not putting her interests first.

If he had been putting her interests first, this is the kind of thing that would have been cleared up. I mean, it's lawyering 101 that when somebody has a child you need to update the will.

And there were a lot of other legal affairs of Anna Nicole's we are now finding out that were left in disarray, probably because her primary lawyer was also her boyfriend. I'm not saying he was acting in bad faith, but he should have recused himself as her lawyer immediately when they became lovers. And the fact that he didn't, I think, is in large part why she's in the situation that she's in today.

PHILLIPS: But as the -- as -- he has obviously been named to execute the will.

BLOOM: Right.

PHILLIPS: Does that mean in any way, shape or form that he will get anything or will be entitled to anything?

BLOOM: He'd be entitled to fees, and fees for being an executor of a will can be quite lucrative. It's a whole business that some people engage in, being executors of a will. But we also heard in the hearing this morning from Ron Rale, who's the number two executor under the will. He's the first alternate under Howard Stern.

And he said in open court today that he was expecting that Howard Stern would step down as executor, probably because of exactly this kind of criticism that he's received because he was having a sexual relationship with her. So I would expect next Tuesday Ron Rale may announce that he is the primary executor of the estate and that would certainly be more appropriate.

PHILLIPS: Well, if stern was after her money, wouldn't he have made sure that will was updated and his name would be in that will?

BLOOM: Well, you know, that may be. I'm not saying he was after her money. I'm not saying that.

She doesn't provide for him as a beneficiary in the will. Only as the executor. I think they had a loving relationship and they cared about each other. But I just don't think it was appropriate for him to be her lawyer.

Look, he doesn't get anything from Anna Nicole's death, other than some fees as the executor if he continues in that position. I think she was worth a lot more to him alive than dead. I don't know of any other clients that he has. So, you know, I think there's some suspicious circumstances surrounding Anna Nicole's death, but I don't see any motivation for a homicide on the part of Howard Stern.

PHILLIPS: Lisa Bloom of Court TV and Susan Candiotti, there in Fort Lauderdale, hammering out all the details of the will.

Thank you both.

BLOOM: Thank you.

DON LEMON, CNN ANCHOR: Also, this just in to the CNN NEWSROOM. The Senate is holding -- a Senate panel is holding confirmation hearings on Robert C. -- Ryan C. Crocker, I should say. He is the current ambassador to Pakistan.

They are holding hearings to confirm him as an ambassador to Iraq. Well, just a short time ago he met with the president, and here's what the president had to say.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: ... conversation with our nominee to be the ambassador from the United States to Iraq.

I got to know Ambassador Ryan Crocker during my time as president because he's been -- fulfilled a very important mission for the United States, and that is the ambassador to Pakistan, where he served ably and served well. And I am confident I picked the right man to be our new ambassador in Iraq.

The ambassador will follow General David Petraeus into -- into Iraq. So now we've got a new military commander and a new head of our diplomatic mission there.

These are two competent individuals who will help us implement our new strategy in the -- in the country of Iraq. And that new strategy has said that we're going to help this young Iraq government be able to sustain itself and defend itself by enforcing, you know, security in the capital city.

I was telling the ambassador that I had a visit today with Prime Minister Maliki via (INAUDIBLE). I was pleased that he's meeting benchmarks that he has set out for his government. One of the benchmarks was to move Iraqi troops into the city of Baghdad that -- troops that will be complemented by our own troops. He is meeting those obligations.

A second such benchmark is that he would change the rules of engagement so that criminals, regardless of their religion, would be brought to justice in equal fashion. He is meeting that benchmark. Thirdly, he passed a budget of which $10 billion is available for reconstruction. He said he would do that. The budget has been passed. He has met that benchmark.

And that's good news for the Iraqi people. And it should give people here in the United States confidence that this government knows its responsibilities and is following through on those responsibilities.

And so the ambassador heads into a really important assignment, carrying message of hope to the Iraqi people that the United States wants them to succeed. And a message of urgency to the Iraqi government that our patience is not -- is not unlimited and that we expect that government to perform. And as I said, I was able to tell the prime minister how much -- how closely we're watching, that we've got a good new man coming as ambassador, and that we appreciate the fact that he's beginning to meet the benchmarks he set out for its people.

Mr. Ambassador, god speed and thank you.

RYAN CROCKER, U.S. AMBASSADOR TO IRAQ NOMINEE: Thank you. I appreciate your confidence.

BUSH: Thank you.

By the way, we're looking forward to quick Senate confirmation. He's had his hearing. And, of course, when I call him ambassador, it's not ambassador to Iraq, it's ambassador designee to Iraq, but ambassador now in Pakistan. And the Senate needs to confirm him as quickly as possible so he can join General Petraeus and do the job.

Thank you.

(END VIDEO CLIP)

LEMON: All right. The president clearing that up. The current ambassador to Pakistan, Ryan Crocker, awaiting confirmation as the ambassador to Iraq, meeting with the president just a short time ago.

Also, the House is expected to vote on that non-binding resolution within the next hour or so. And we'll have more from our Dana Bash from Capitol Hill as soon as that happens.

We'll be right back.

(COMMERCIAL BREAK)

LEMON: A surge of troops to Iraq, yes or no? Well, Congress can't stop it with the measure being voted on today, but House members can show how they feel about it.

Straight to Capitol Hill and CNN Congressional Correspondent Dana Bash.

CNN has just learned, Dana, a vote is expected within the next hour or so, correct? DANA BASH, CNN CONGRESSIONAL CORRESPONDENT: That is exactly right. We are expecting to see the culmination of about three and a half days of debate. Just -- you really illustrated it quite well, that Republicans and Democrats have been coming to the floor of the House of Representatives, having about five minutes to speak their minds about the war in Iraq. And, you know, certainly since the beginning of this debate, the outcome has not been in doubt.

We know that when this vote takes place within the next hour, the Congress will -- or the House, I should say, will vote to repudiate the president, make clear that they oppose his plan to send more troops to Iraq. But it will still be dramatic because it will be the first time the House of Representatives will do that in the four years that this war has been under way.

Now, it is a non-binding resolution, meaning it has no force of law. It essentially says simply that the Congress supports the troops but opposes sending more of them to Iraq.

Republicans have been on the floor saying that they think that sends exactly the wrong message. Not just to troops in the field, but also to America's enemies. And Democrats say this is exactly the right message, the message they say Americans sent to Congress, to Washington, in the election in November.

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI (D-CA), HOUSE SPEAKER: The stakes in Iraq are too high to recycle proposals that have little prospect for success. The bipartisan resolution today may be non-binding, but it will send a strong message to the president -- We here in Congress are committed to protecting and supporting our troops.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

REP. MIKE PENCE (R), INDIANA: The president has not just asked for more troops for more troops sake. Despite what has been says again and again on this floor, Mr. Speaker, this is a new strategy. It involves new tactics and new rules of engagement on the ground.

(END VIDEO CLIP)

BASH: Now, as I mentioned, this resolution, which will pass, will be non-binding or symbolic, but Democrats are making it very clear that they call this a first step. And they are already working on a strategy to do what they really can do, which is deal with the funding for the war.

They are working on a strategy to restrict funding for the mission. Not cut it off, but restrict it.

Congressman John Murtha is an anti-war congressman from Pennsylvania who is in charge of the committee that oversees the military funding. He says that what he's going to try to do is make it clear that there are conditions for these combat deployments. And his goal there is, again, very clear. It's to try to make it impossible for the president to continue the strategy to send more troops to Iraq.

Quite the opposite. He wants them to bring the troops home -- Don.

LEMON: All right, Dana. Thank you so much.

PHILLIPS: Straight ahead, stranded inside of a runway for hours. The JetBlue brouhaha spurs new talk of action in Congress.

Clear the aisles, the NEWSROOM is coming through.

LEMON: Represent? Not us. The NBA says it won't put up with Tim Hardaway. Ahead in the NEWSROOM, a former star officially bounced.

(COMMERCIAL BREAK)

PHILLIPS: Well, rumors of a takeover in the auto industry are swirling.

Susan Lisovicz at the New York Stock Exchange with the details.

(BUSINESS REPORT)

(COMMERCIAL BREAK)

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

LEMON: And I'm Don Lemon.

He crossed the line. Now the NBA tells Hardaway to just go away.

You're in the CNN NEWSROOM.

It is the bottom of the hour. New details on Anna Nicole Smith's will.

We have received a copy. We'll have more at the top of the hour.

Basically what it says is that everything should be given to her companion, Howard K. Stern to be held in trust for her son Daniel. But her son Daniel died in September.

We'll have all the details on this, including some feedback from our legal analyst, B.J. Bernstein. She'll join us very shortly.

PHILLIPS: Well, a stern response to gay bashing by a former NBA standout. Tim Hardaway was in Las Vegas for several events related to Sunday's all-star game, but he left town after NBA commissioner David Stern banished him from NBA events.

Reporter Kevin Bolinger of our affiliate KVVU has the story.

(BEGIN VIDEOTAPE)

DAN LE BATARD: You know that what you are saying there, though, Timmy, is flatly homophobic, right? It's just-- it's bigotry.

TIM HARDAWAY, FMR. NBA PLAYER: Well, you know, I hate gay people, so, you know, I let it be known. I don't like gay people. I don't like to be around gay people.

I don't, you know -- yes, I am homophobic. I don't like it. It shouldn't be (INAUDIBLE) in the world for that, or in the United States for it. So, yeah, I don't like it.

KEVIN BOLINGER, REPORTER, KVVU (voice over): That's five-time NBA all-star Tim Hardaway speaking from Las Vegas to a Miami radio show.

Reaction poured in from players in town for all-star weekend.

UNIDENTIFIED MALE: It certainly does not reflect the views of everybody and certainly, you know, hopefully, a very, very small minority.

SCOTTIE PIPPEN, FMR. NBA PLAYER: We don't want this weekend to be built on something like that. We want to make it fun and make it great for our fans. And that's kind of where I want to keep the focus.

BOLINGER: NBA commissioner David Stern made sure of that, telling Hardaway his services as an ambassador are no longer needed.

DAVID STERN, NBA COMMISSIONER: We acted immediately. We told him that he couldn't do any more work for us because his views don't represent our views and it's not acceptable.

BOLINGER: Stern doesn't believe Hardaway's comments will hold the NBA's reputation.

STERN: Our mission statement says we're obligated to be leaders in social responsibility, and dialogue is an important aspect. Especially dialogue about ignorance and bigotry.

So let's -- we're happy to perform the public service. We see it as an opportunity to serve, not as a black eye.

(END VIDEOTAPE)

PHILLIPS: Well, some of Hardaway's former colleagues agree he was out of line. Three of them spoke last night on our sister network, TNT.

(BEGIN VIDEO CLIP)

CHARLES BARKLEY, FORMER NBA PLAYER: My concern is there might be one knucklehead who might agree with Tim that's going to turn a raging inferno into a serious raging inferno. Hey, listen, I played with gay guys. I got gay friends. Only God can judge other people. I don't care if a person is gay or not.

I do have a problem with reporters telling me we're going to discriminate against gay guys. I love these reporters who have never touched a ball saying, "Oh, these guys are going to treat gay guys in the locker room bad?"

First of all, any jock who thinks he's never played with a gay guy is sadly mistaken. Any team you've been on, at some point in your life, you have played with a gay guy.

UNIDENTIFIED MALE: Or you work with a gay guy.

BARKLEY: If he can get 20 and 10, I don't care who he going out with as long as he's hitting 20 and 10.

UNIDENTIFIED MALE: Well, I think there's going to be some type of damage control for Timmy because the commissioner's comments coming out and saying, "We don't want no part of Tim Hardaway for the All- Star weekend." He's not going to be able to get another job within basketball because of these comments. I hope he has some type of game plan for a damage control situation for him because he is a good guy.

But, you know, before you said that he shouldn't be forgiven. Everyone needs to be forgiven.

BARKLEY: No, I said the statements are unforgivable. He should be forgiven.

UNIDENTIFIED MALE: Everyone should be forgiven. And I hope he comes out with some kind of statement, he can go to counseling.

BARKLEY: I hope this is not a quote,unquote black eye, he never gets involved with the NBA again.

UNIDENTIFIED MALE: It will be if he doesn't come back out.

BARKLEY: It's definitely a black eye, but I'm saying I hope at some point we -- and we're all part of the NBA Basketball...

UNIDENTIFIED MALE: Yes, we are.

BARKLEY: ... give him another chance.

UNIDENTIFIED MALE: And really reiterate what Bill Russell said to me and what Charles said, as well. How, as an African-American you can want someone to be excluded?

(END VIDEO CLIP)

PHILLIPS: And we'll have much more on this a little later in the "SITUATION ROOM" with Wolf Blitzer. Wolf is in Las Vegas today. His guests will include NBA commissioner David Stern and the always outspoken Hall of Famer Charles Barkley.

LEMON: Well, some say cheating is just part of racing. But others say Nascar will have trouble overcoming this week's cheating scandal at the Daytona 500. Five racing teams are affected. A lot of fans aren't surprised and some people don't even think it's a big deal.

Our Ray D'Alessio is standing by for us in Daytona Beach. Not a big deal some people say, Ray?

RAY D'ALESSIO, CNN CORRESPONDENT: Don, let me start with a question for you. If I challenged you to a foot race and you knew you could beat me by wearing some fancy shoes, would you do it?

LEMON: Well, since I know you, I probably would, but -- to be honest, I probably would not, no.

D'ALESSIO: See, Kyra would.

LEMON: Yes, she absolutely -- any advantage she could get.

D'ALESSIO: Fudging her scorecard a little bit, you know, marking down on the scorecard...

PHILLIPS: Obviously, Ray has played golf with me. He knows how I like to take my mulligans.

Now, I want to outrun you, buddy, come on. I've sprinted across the NEWSROOM with you.

D'ALESSIO: Yes, Kyra usually gets like four or five mulligans a round. But that's beside the point.

Let me say this about Nascar fans. Nascar fans are very well educated. They know cheating happens in the sport. Do they expect it? Well, yes, no. Now some of the fans we talked to today really were not surprised at the events that unfolded this week.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I don't call it cheating. I mean, everybody is doing the best they can to get a little quicker. Everything is so tight nowadays you have to try to pinch a little bit to make a little. I don't know if you want to call it cheating.

UNIDENTIFIED MALE: I'm a professional fisherman. And, you know, when guys get caught cheating out there, they get banned for life. And, you know, you got to uphold the integrity of the sport. And I think that's very important.

UNIDENTIFIED MALE: I personally think some of the bigger teams, surprised that they're getting caught with this stuff. They ought to know better. They've been doing it a long time. But, yet, they always push that envelope just that last little bit.

UNIDENTIFIED MALE: They all do it. Just when you get caught, you get caught. You get lucky, you don't.

(END VIDEO CLIP)

D'ALESSIO: So again, just to reiterate, five crew chiefs suspended for Sunday's race. Fines totalling $250,000. Lots of controversy out here. Everybody still wants to talk about it. But keep in mind we're just two days away from the 49th running of the Daytona 500. As you can hear, they are out there practicing right now. A lot of speed. Who will win? We'll find out come Sunday night.

Kyra, Don, send it back to you.

LEMON: And we're getting calls from the folks at over at Robin and Company, who you work with, saying that guy cheats on everything. So, listen, don't go away because I've got a question for you and I've got one for our viewers. We want to hear from you. And I want to hear what you think about this. Is it ever OK to cheat? Is it ever OK to cheat? Send your e-mails. The address is CNNnewsroom@CNN.com. And we'll read those responses a little bit later on.

Do you think it's ever OK, Ray?

D'ALESSIO: Like I said, only when you're playing Kyra on the golf course.

LEMON: Good answer. Perfect answer.

D'ALESSIO: Anything that has to do with Kyra, yes.

LEMON: Look, she's got a cheat sheet right here. Look at that.

All right, Ray D'Alessio, thank you.

PHILLIPS: I'll remember that, Ray.

LEMON: Thank you, sir.

PHILLIPS: Well, a much more serious note. Stranded inside of a runway for hours. The JetBlue brouhaha spurs new talk of action in Congress. Clear the aisles. We're going to talk about it.

The NEWSROOM's coming through.

(COMMERCIAL BREAK)

PHILLIPS: Thou shalt not leave airline passengers stranded on the tarmac, nor shrug your shoulders over lost luggage. All right, those aren't commandments, just proposed provisions of a passenger bill of rights. And it's picking up support after what happened in New York Wednesday during the snow storm.

Hundreds of JetBlue flyers were stuck on their planes on the runway for as long as 11 hours.

Kate Hanni can sympathize. She was stranded for hours on an American Airlines plane in Texas just seven weeks ago. And since then, she's been working with her congressmen to make airlines take responsibility. She talked about her campaign with CNN's Miles O'Brien on "AMERICAN MORNING".

(BEGIN VIDEO CLIP)

MILES O'BRIEN, CNN CORRESPONDENT: A couple of reactions to your idea. American Airlines says this, just a one-word response, two words. "An overreaction" says the spokesman for American Airlines.

JetBlue said this: "We prefer to be solely responsible for serving our customers. If we don't serve our customers well, our customers will not put their trust in us again."

They have a point. The free market will dictate whether these airlines succeed. And if they treat people poorly, people will vote with their feet, won't they?

KATE HANNI, PASSENGER BILL OF RIGHTS ADVOCATE: Absolutely. The power of the purse. I think that people could boycott these airlines if they have an alternative airline that they could travel on. But I also believe that in many instances there isn't an alternative. I believe air travel has become very necessary for many people to get from place to place anymore. And that it's become dangerous for many people to be stuck in an airline for as long as we were. And without some kind of legislation, there's no guarantee that someone is not going to die in a situation like what we had on December 29th and what happened at John F. Kennedy.

(END VIDEO CLIP)

PHILLIPS: Hanni's congressman Michael Thompson says that he plans to introduce their bill of rights next week. It ensures that no plane is left on the tarmac for more than three hours and it requires airlines to provide the essentials: food, water and medicine, to stranded passengers.

LEMON: Now it's time for the forecast. You don't want to hear it if you live in upstate New York. Rob Marciano, I don't think I need to say anything more than that. I kind of gave your forecast away.

(WEATHER REPORT)

LEMON: That nonbinding resolution, the House -- I need work on that pronunciation -- the House is expected to vote on that within the next hour. You are looking at John Boehner. He's speaking on the floor right now. But as soon as we get word of a vote on that resolution, we'll bring it to you live right here in the CNN NEWSROOM.

PHILLIPS: Well straight ahead, entertainment news with Brooke Anderson. Brooke, what's on tap?

BROOKE ANDERSON, CNN ENTERTAINMENT CORRESPONDENT: Hi there, Kyra. Well, former Vice President Al Gore also an Oscar nominee this year for "The Inconvenient Truth" -- is out campaigning for the climate. And the stars of "Ghost Rider" walk the red carpet for their Big Apple premiere. All that, ahead in the NEWSROOM.

PHILLIPS: And, enough already says the Florida judge as the battle over the burial of Anna Nicole Smith wages on. The latest twists and turns, and details from Anna's will, straight ahead.

(COMMERCIAL BREAK) PHILLIPS: Well, Al Gore is campaigning hard for a new cause. And he's getting help from some of the biggest names in music. Entertainment correspondent Brooke Anderson in Los Angeles with more. Hey Brooke, tell us about it.

ANDERSON: Hey there, Kyra. Well, even though Al Gore says he won't be running for president again, he is doing some campaigning of a different kind. The former vice president, along with actress Cameron Diaz, you see them hugging right there, music producer Pharrell and Latin rock group Mana were in Los Angeles yesterday to announce the Live Earth Concert. Take a listen to some of what Gore said.

(BEGIN VIDEO CLIP)

AL GORE, FORMER VICE PRESIDENT: The concerts are linked to the beginning of a campaign. If they were not, it would be a wonderful event in and of itself to raise awareness and to get the message out. We have a climate crisis that is a planetary emergency.

(END VIDEO CLIP)

ANDERSON: The show is also being called SOS, for "save ourselves." It is a global movement to bring awareness to the climate crisis.

Now the music festival will take place July 7th, 2007, or 07/07/07, on all seven continents with more than 100 artists participating. The Red Hot Chili Peppers who just took home four Grammy awards last Sunday and the Foo Fighters, Sheryl Crow, Snoop Dogg, Lenny Kravitz, Duran Duran, Black Eyed Peas, Enrique Iglesias, Fall Out Boy, Tim McGraw and Faith Hill, well those are just some of the artists who will be performing for these concerts.

Now listen to where the shows are scheduled to take place. Shanghai, Sydney, Johannesburg, London. Locations in Brazil, Japan and the U.S. are yet to be determined. But they're going to be all over the world. Tickets for the event will go on sale in mid-March. And you may also remember Al Gore's documentary "An Inconvenient Truth" up for two Academy Awards this coming weekend.

All right, last night in New York City, the latest big screen adaptation of a comic book superhero "Ghost Rider" hit the streets for its red carpet premiere. It's based on the Marvel Comics creation "Ghost Rider." It stars Nicolas Cage as Johnny Blaze, a motorcycle stuntman who makes a pact with a dark force selling his soul to save the life of his girlfriend, played by that lady you just saw, Eva Mendes. "Ghost Rider" opened nationwide today, Kyra.

PHILLIPS: All right, what's coming up tonight, Brooke?

ANDERSON: Three words for you, Kyra, Anna Nicole Smith. Tonight on "SHOWBIZ TONIGHT," we're going to take a look at the men claiming to be the father of Anna Nicole Smith's baby. What do we really know about the relationship Anna Nicole had with Howard K. Stern and with Larry Birkhead? We've got the inside story on TV's most provocative entertainment news show, that's "SHOWBIZ TONIGHT," 11 p.m. Eastern and Pacific on Headline Prime. We hope you will join us then.

PHILLIPS: Thanks, Brooke Anderson.

LEMON: CNN has obtained a copy of Anna Nicole Smith's will. We'll go through the new details at the top of the hour with our legal analysts. But there's also the daddy dilemma which Brooke alluded to. Howard K. Stern is listed as father on Dannielynn Hope Marshall Stern's birth certificate. But several other men are questioning that claim. One is Smith's former bodyguard, who appeared on CNN's "LARRY KING LIVE" along with his lawyer.

(BEGIN VIDEO CLIP)

ALEXANDER DENK, ANNA NICOLE'S FMR. BODYGUARD: I knew Anna Nicole Smith for approximately 5 1/2 years. I was first her chef on the show. Then I became her bodyguard and then later became her trainer, personal trainer because she wanted to get really in shape and healthy.

KING: Did you have a romantic relation throughout all that period?

DENK: We had a relationship -- intimate relationship off and on for the last 5 1/2 years.

KING: And you knew that she was seeing others?

DENK: Yes. I was not there 24 hours.

KING: So you think you might -- you could be the father?

CYRUS NOWNEJAD, ATTY. FOR ALEXANDER DENK: He thinks it is possible. We're not sure exactly on the...

KING: I mean, he had relations in the time period that he could be?

NOWNEJAD: Exactly.

(END VIDEO CLIP)

LEMON: Well, another paternal possibility is husband of Zsa Zsa Gabor Prince Frederick Von Anhalt.

(BEGIN VIDEO CLIP)

PRINCE FREDERICK VON ANHALT, SEEKING DNA TEST: I'm very surprised Howard Stern doesn't come forward and fight right now the way I do. Why is he hiding? Why doesn't he say anything? He could stop this whole circus right away. Why doesn't he take a DNA test and say, "Look, it's positive, everything is in my favor. It's over."

Why doesn't he do it?

(END VIDEO CLIP)

LEMON: Also claiming to be the father of Anna Nicole Smith's baby, photographer and one-time boyfriend Larry Birkhead.

Stay tuned.

PHILLIPS: Well, the Hill is alive with the sound of debate. At issue, a resolution opposing the president's plan to send more troops to Iraq. We're monitoring the live coverage from the floor. We're counting down to a vote.

(COMMERCIAL BREAK)

LEMON: As we've been telling you here in the CNN NEWSROOM, we're awaiting a vote on the House floor regarding that nonbinding resolution. But just a short while ago Sam Johnson, who's a Republican from Texas and a former prisoner of war, spoke very passionately about that resolution. Take a listen.

(BEGIN VIDEO CLIP)

REP. SAM JOHNSON, (R) TEXAS: The president has changed course, has offered a new plan. We are making progress. We must seize the opportunity to move forward, not stifle future success.

Debating nonbinding resolutions aimed at earning political points only destroys morale, stymies success and emboldens the enemy.

(END VIDEO CLIP)

LEMON: And that is Republican -- or was Republican Sam Johnson of Texas, a former prisoner of war, speaking very passionately on the floor. Moments after that he got a standing ovation from the folks there in the House -- Kyra.

PHILLIPS: Well, his words changed a nation. And decades after the murder of Dr. Martin Luther King, Jr., those words still inform and inspire. This weekend in a riveting and emotional documentary, CNN's Soledad O'Brien talks with an aide of Dr. King's, a civil rights leader in his own right who witnessed King's remarkable life and tragic death. Here's a preview.

(BEGIN VIDEOTAPE)

DR. MARTIN LUTHER KING, CIVIL RIGHTS LEADER: I'm so happy tonight I'm not worried about anything. I'm not fearing any man. Mine eyes have seen the glory of the coming of the Lord.

SOLEDAD O'BRIEN, CNN CORRESPONDENT: He delivers a speech. "I've been to the mountaintop." Do you remember the preparation for that and that night?

ANDREW YOUNG, FORMER KING AIDE: There was no preparations. "I've been to the mountaintop" speech is something that he'd made before. But he always made that at a time when things were dangerous.

O'BRIEN: Is there anything now that strikes you about that speech in hindsight? YOUNG: Nothing, except that he basically spelled out, he almost planned his funeral. Because he had done it before and we'd gone on to the next place, I wasn't really taking it serious. It was just a great speech. But I never thought I was listening to his last speech.

KING: We've got some difficult days ahead.

YOUNG: But the next day, he was more silly and goofy and playful than I'd ever seen him. And he grabbed a pillow off the bed and threw the pillow at me and he and Ralph, they just kept throwing pillows and I was throwing pillows back. And, I mean, they were just -- they were playing like 10 year-olds. And they finally pushed me down between the two beds and put all the pillows up on me and sat on me and this was my punishment for not calling in all day.

He came out after this pillow fight thing and he didn't have a coat. Where were you in the Lorraine Motel?

YOUNG: We were waiting for him to go to the -- to go to dinner. So I was telling him he needed to go back to get his coat. And then a shot rang out, which I thought was a firecracker. And when I looked up there and didn't see him, I thought he was clowning again, until I ran upstairs and saw, you know, him laying in a pool of blood.

O'BRIEN: At that moment, what did you think?

YOUNG: Well, I thought two things. I thought that there was nobody who was more deserving to go on to claim their reward. And then I was mad because I was left with all this mess. I really didn't know how we would survive.

Actually, his spirit has never left us.

O'BRIEN: Is it something you think about? Or is it something you don't think about at all?

YOUNG: It's something I think about all of the time.

O'BRIEN: Really. In what way?

YOUNG: Well, everything I do I have to put in the context of what we were committed to.

(END VIDEOTAPE)

PHILLIPS: "MLK PAPERS: WORDS THAT CHANGED A NATION", they are Saturday and Sunday night at 8:00 Eastern right here on CNN.

For more on the life and works of Dr. King, you can visit CNN.com or thekingcenter.org.

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