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Senator Larry Craig Announces His Resignation; Legal Briefs; iPhone: Is It Worth All the Hype?
Aired September 01, 2007 - 14:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
SEN. LARRY CRAIG (R), IDAHO: It is with sadness and deep regret that I announce that it is my intent to resign from the Senate, effective September 30th.
(END VIDEO CLIP)
FREDRICKA WHITFIELD, CNN ANCHOR: A men's room sex scene brings a three-decades-old political career to a crashing conclusion.
Hello, I'm Fredricka Whitfield and you are in the CNN NEWSROOM on this Saturday, September 1st.
After four days of scandal, a U.S. senator surrenders to the inevitable. We'll have complete coverage of Senator Larry Craig's resignation announcement, plus reports on the political and the legal fallout. Senator Craig had been under growing pressure to resign ever since news of his arrest in an airport men's room became public knowledge.
We begin our coverage with CNN's Kara Finnstrom in Boise, Idaho, where he made that very uncomfortable announcement. But he had his family as well as the governor behind him.
KARA FINNSTROM, CNN CORRESPONDENT: He did. It was an anguished, kind of an awkward moment for the senator, as he ended his more than a quarter-century of service for the state of Idaho.
All of this stemming from an undercover police sting, where a police officer said that this senator solicited sex from him in a public men's restroom.
The atmosphere today one of the mixed support and also some people who were angry, were out here with signs, and said they were very disappointed in the senator.
Now, the senator has continued to deny those accusations, although he did plead guilty to a reduced misdemeanor charge, he now says he regrets that. During his announcement today, he didn't make any reference to that specific incident, but as he was leaving, I asked him if he was continuing to denies those accusations and his response was of course, absolutely.
He said later on this afternoon, we would be hearing from his legal counsel and in his words, that he was going to fight this like hell. Now during the press conference he was not quite so aggressive. It was a much more subdued tone. Here's some of what he had to say.
(BEGIN VIDEO CLIP)
CRAIG: Therefore, it is with sadness and deep regret that I announce that it is my intent to resign from the Senate effective September 30th. In doing so -- in doing so -
CROWD: Yes!
CROWD: We love you, Larry!
CRAIG: In doing so, I hope to allow a smooth and orderly transition of my loyal staff, and for the person appointed to take my place at William E. Borah's desk.
(END VIDEO CLIP)
FINNSTROM: You can hear some of the noise in the background as he made that announcement. He had both applause when he arrived here from the supporters, and kind of chants as he was announcing his actual resignation.
The big question for the state of Idaho now is who will be replacing him. This is the paper here today, and there's a picture right there of Lieutenant Governor James Risch. That seems to be the big choice among most of the leading state Republicans, but no official announcement has been made yet.
That is up to the governor of the state. His aides tell us that he's going to take a full 24 hours probably to consider this, now that Craig has actually resigned, to actually notify the person that he chooses -- Fredricka.
WHITFIELD: In fact, Kara, let me ask you more about the noise we heard, pretty pronounced while he was speaking, the folks in the audience, who was there?
FINNSTROM: Well, this area was actually closed off, because the parking lot was full with all the media trucks and there's supposed to be a wedding here later on today. So they actually had the area closed of. These people were hiking up a hill, coming up on bikes. There were about 300 people here. Some brought signs.
It was a tabloid-like atmosphere. One of the signs said, "Which stall is your senator in?" Some were there, you know chanting as he came up. Others were here in support and there were some tears. I also spoke with an elderly couple who was here, and just seemed a little bit confused by it all, and said that it really saddened them that this had come to their state.
WHITFIELD: All right, Kara Finnstrom, thanks so much from Boise, Idaho.
Republican Party leaders have been pushing for a quick end to the Craig controversy. After today's announcement, Senate Minority Leader Mitch McConnell released the following statement, saying, quote, "Senator Larry Craig made a difficult decide, but the right one. It is my hope he will be remembered not for this, but for his three decades of dedicated public service." Their reaction today from Senate Minority Leader Mitch McConnell.
Many Republicans are now hoping to put the whole Craig controversy behind them. A little earlier today, CNN senior political correspondent Candy Crowley talked exactly about that.
(BEGIN VIDEOTAPE)
CANDY CROWLEY, CNN SR. POLITICAL CORRESPONDENT: Generally politics doesn't often come down to one thing. It comes down to a lot of things that feed into perceptions.
As you know, many Republicans, including the recently departed Karl Rove, think that in part why Republicans lost in 2006 was not just the war but the whole corruption, the whole thought that Republicans came to Washington to clean it up and instead just sort of fell into the cesspool.
So they are so worried in the Republican Party, it's kind hard to overestimate that. That's part of why the timing of Senator Craig's troubles was very problematic for them, because as they kick off the Labor Day, OK, now the 2008 election is coming. They wanted to have some positive, some sort of momentum forward instead of all this stepping back and getting blow by blow.
(END VIDEOTAPE)
WHITFIELD: And not long ago we got reaction to Senator Craig's announcement from CNN's senior legal analyst Jeffrey Toobin.
(BEGIN VIDEOTAPE)
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST (on phone): The only thing that's going to go away is Senator Craig's political career. As a legal matter, this is over. He pled guilty, he got a very minor sentence, the case is over.
I would be very surprised if he actually pursuing any legal remedy to try to reopen it. I think he is going to try to rebuild his life as a retired person and I think the best way to preserve his dignity is to talk about this case as little as possible and move on to something else. There's nothing for him to do anymore.
(END VIDEOTAPE)
WHITFIELD: However, we are awaiting some sort of announcement or details from Craig's legal team who apparently just might be exploring some options legally. In the meantime, Senator Craig's announcement followed days of demand for his resignation, that we know. But at least one former congressman says there's been a rush to judgment. Here now is CNN's Carol Costello.
(BEGIN VIDEOTAPE) CAROL COSTELLO, CNN CORRESPONDENT (voice-over): There is a voice, wondering if there's been a rush to judgment, and it's the voice of Tom DeLay, who himself resigned from Congress after being accused of violating campaign finance rules.
TOM DELAY, (R), FORMER CONGRESSMAN: It's really unfortunate that people rush to judgment like they have. And I'm not defending Larry Craig. I have great sympathy no what his wife and his family is going through right now. But the decisions that Larry Craig needs to make are up to Larry Craig and his constituents in Idaho.
COSTELLO: Craig insists there's a media witch hunt to get him and on that point DeLay agrees, as he told "The Today Show" on NBC.
DELAY: The double standard in the media is amazing. The feeding frenzy, the sharks in the water that's going on right now because of a Republican.
COSTELLO: DeLay launched into the media accusing it of not shining a light on the peccadilloes of Democrats like Congressman Barney Frank. In 1989, he admitted to a sexual relationship with a male prostitute.
REP. BARNEY FRANK (D), MASSACHUSETTS: I'm not going to resign, because I think resignation is an acknowledgement of a very, very serious breach of duty. And I don't think the stupidity I showed in hiring a prostitute and reacting as I did to the pressures that I didn't handle well, reaches that level.
COSTELLO: Frank received a reprimand from the House Ethics Committee, but one of its members voted for the more serious punishment of censure, then House member Larry Craig. Conservative insists that President Clinton's in the midst of the Lewinsky scandal was no more credible than Craig's today.
BILL CLINTON, FORMER PRESIDENT: I did not have sexual relation with his that woman.
CRAIG: I am not gay.
COSTELLO: The difference? Democrats did not desert Clinton, who was also determined to fight for his job.
JONATHAN HARRIS, POLITICO.COM: Bill Clinton said I don't care a whit about the conventional wisdom, I am going to fight and save my career.
COSTELLO: So why is Senator Craig more vulnerable than other politicians caught up in sex scandals?
HARRIS: This is harder for a Republican politician to withstand, because Republicans, their coalition includes a lot of social conservatives who are generally offended by homosexual conduct.
COSTELLO: Carol Costello, CNN, Washington.
(END VIDEOTAPE)
WHITFIELD: And joining us tonight for a special edition of "LARRY KING LIVE," Larry and his guests will talk about Senator Craig's situation and the resignation, and that's at 9 p.m. Eastern, 6 p.m. Pacific right here on CNN.
A couple other quick political notes: a purge of campaign contributions underway after a fugitive Democratic fund-raiser turned himself into authorities. Norman Hsu is out on $2 million bond after surrendering yesterday in California. Hsu was wanted on a 16-year-old grand theft charge. He has been a top contributor to Democrats, including presidential candidates Hillary Clinton and Barack Obama. Both campaigns say they have returned the donations or given them to charities. Some Democratic congressional candidates say they're also returning donation from Hsu.
President Bush is trying to calm some panicky homeowners caught up in a mortgage crisis. He's out with a modest set of proposals to deal with an alarming rise of mortgage defaults. They include new tax relief and refinancing opportunities for homeowners with adjustable rate mortgages. The issues, the focus of Mr. Bush's weekly radio address.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Home ownership has always been part of the American dream. During my administration, we've achieved record homeownership rates. We'll continue to work hard to keep our housing market strong, to ensure that American families can afford the homes they buy and to help bring the dignity and security that comes with home ownership to more of our citizens.
(END VIDEO CLIP)
WHITFIELD: Across the U.S. recently, mortgage foreclosures and late payments have spiked, especially for so-called subprime borrowers with bad credit histories or low income.
A plane crash in California last night, federal investigators are looking into exactly what caused it.
And Tropical Storm Felix, it's getting stronger, but will it become a hurricane?
And could you be holding one of the winning lottery tickets for $330 million? We'll narrow down the search when we come right back.
(COMMERCIAL BREAK)
WHITFIELD: In our hurricane headquarters we're watching yet another named storm, this one tropical storm, so far, Felix. Jacqui Jeras is in the Weather Center keeping a close eye on this, which once again threatens the Caribbean and once again, poor Mexico.
(WEATHER REPORT) WHITFIELD: Well, let's talk about outside Bakersfield, California. Not a good scene there -- federal crash investigators are combing for clues today. A small plane missed a runway, and exploded in flames last night. All six people on board were killed. A Bakersfield newspaper reports the victims were four adults and two children. The airport manager saw the plane coming in.
(BEGIN VIDEO CLIP)
JELTJE NELSON, KERN VALLEY AIRPORT MANAGER: I went in, he tried to land, he was too high. He went around, took off and went that way. I turned my back to go in and tell him what the wind was doing, and I heard pop-pop, and that's it, and I saw smoke.
(END VIDEO CLIP)
WHITFIELD: Investigators say the plane took off from Santa Monica. The travelers apparently headed for a Labor Day camping trip.
Two Egyptian students from the University of Southern Florida facing a terror indictment today. The pair jailed in South Carolina for nearly a month now, that's where police stopped them for speeding and allegedly found explosives in their trunk of the car. The specific charges, carrying explosives across a state line, and demonstrating how to use them. Both men are engineering students.
And after almost four weeks, the search for six trapped miners in Utah is officially over. A seventh bore hole showed no traces of men, a robotic camera dropped in another hole, got stuck in the mud and had to be abandoned. Searchers say there's nowhere else to drill. The families had a tough time with the news, a lot of tears according to a spokesperson.
A same-sex marriage ban, a flip-flop in Iowa. This couple became the state's first and only same-sex pair to legally marry. That's because on Thursday, a judge overturned the marriage ban. But after only four hours, he issued a stay of his decision. The case now heads to Iowa's Supreme Court.
And now this -- outrage in Houston. A school district police officer suspended over a racially offensive pamphlet. Here's Christine Dobbyn. She's with Houston affiliate KRTK.
(BEGIN VIDEOTAPE)
CHRISTINE DOBBYN, KTRK CORRESPONDENT (voice-over): While the kids are back in class, HISD police officers are patrolling around the schools. But Eyewitness News has learned it's not just students that have been given books. A ghetto handbook was passed out during HISD police roll call. The so-called class, Ebonics 101. The 7-page booklet begins with the definition of ebonics, then a list of some of the words you might heard - a hood rat, peeps. It even tells the officers to learn what they use wisely, because ebonics could save their lives.
CAROL MIMS-GALLOWAY, LOCAL NAACP CHAPTER: I don't think that person should be printing a ghetto handbook, ebonics 101.
DOBBYN: Local president of the NAACP Carol Mims-Galloway says it sends of wrong message.
MIMS-GALLOWAY: It sends a bad message as well to the officers as well as to the young people.
DOBBYN: Three pages of words like bling, phat, and crib, that many say clearly targets one race. Some of the officers were also offended, one saying, "I'm sworn to serve and protect and this is what I have to deal with? Even if it was a joke, I was still offended."
HISD superintendent Dr. Abe Saavedra says he is angry and has a lot of questions. Who was involved in making and distributing the booklet? And why did if take so long for him to find out since some senior officers have known for weeks?
ABE SAAVEDRA, HISD SUPERINTENDENT: I asked for a complete investigation. I also want to know why it took two months for it to get to my desk.
DOBBYN: HISD Inspector General Robert Moore says they are not sure if it was supposed to be a joke or not, but it really doesn't matter in this investigation.
ROBERT MOORE, HISD INSPECTOR GENERAL: It is a very serious matter, one that needs immediate attention, which we intend to address.
DOBBYN: Moore has overseen the internal investigation and says one officer is suspended with pay. They're not sure if all the officers listed on the book participated. Both administrators agree that the matter is serious enough, someone will likely lose their jobs. The back of the book claims there will be a second edition soon but HISD administrators vow they will make sure that doesn't happen.
SAAVEDRA: My apologies to the whole community.
(END VIDEOTAPE)
WHITFIELD: Well let's talk about how a lot of people are hoping to be lucky. One chance in 176 million, some awfully big odds to beat, but at least four people apparently have done it. They're the nation's latest multimillionaires. Check your Mega Millions lottery ticket right now. Right now you could be holding one of those four winning tickets in last night's $330 million drawing. Something tells me if you have that ticket, you know this already, but here are the numbers: 8, 18, 22, 40 and 44. The Mega Ball number was 11.
The winning tickets were sold four states: New Jersey, Maryland, Texas, and Virginia. If you happen to be one three dozen second-place winners matching five numbers, but not necessarily the Mega Ball, you still get a good chunk of change. Each of those tickets is worth a quarter of a million dollars.
Giving newly wounded troops a reason to fight on. Right here at home, a former military man's new mission, making him a CNN Hero, straight ahead in the NEWSROOM.
(COMMERCIAL BREAK)
WHITFIELD: Meet a man who is making the daily lives of wounded American troops just a little bit easier. And he can relate to them in a very special way that only a few can. Bob Kunkel is today's CNN Hero.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: How did this start?
BOB KUNKEL, CNN HERO: The new injured have no idea how dramatic their lives have been impacted. And I have experience in that area. And I knew I had to do something.
I was with the 9th Infantry Division. My knee joint was blown out. So they took the bottom part and welded it to the top.
I did not cope well. You name the self-destructive behavior, I did it. Times 10. Now I view all that experience as training for what I'm doing now.
My name is Bob Kunkel. I have the privilege and honor of being allowed to interact with the new injured at Walter Reed Army Medical Center.
I function as a friend. I teach jujitsu so that an injured person can become empowered in protecting themselves.
He went that way, so you step here.
There's a connection. Been in combat? I've been in combat.
You're laughing, they know.
My purpose is to steer someone to make better choices in their life.
If you're injured, you're still the same person.
UNIDENTIFIED MALE: For me, I feel fortunate to have met somebody like Bob. You know, someone that can kind of understand the disability, but that can also teach me a skill that I can pass on to other people.
KUNKEL: I've taken soldiers out for coffee, out for a drive, and dinner.
UNIDENTIFIED FEMALE: How are you?
KUNKEL: And you can just see people relaxing. It's my way of showing my true appreciation for their sacrifice.
(END VIDEOTAPE)
WHITFIELD: Bob Kunkel travels once a month from Buffalo to Washington to help his fellow vets. And he does it all on his own dime. If you'd like to learn more about Bob Kunkel, or his program, go to CNN.com/Heroes, where you can also nominate a hero of your own. You've only got until September 30th to do that. Get your nominations in. Selected winners will be honored during a special live global broadcast on December 6th hosted by our own Anderson Cooper.
Does Senator Craig have any more legal options? Our legal eagles weigh in on that.
And stick around for our reality check. We all work pretty hard, right? But whose job is the hardest? Find out where your job stacks up, straight ahead in the NEWSROOM.
(COMMERCIAL BREAK)
WHITFIELD: Happening right now, a sex sting operation ends the Senate career of Idaho Republican Larry Craig. He has announced that he is resigning at the end of the mother. He said, quote, "I apologize for what I have caused." Craig has been under fire from members of his own political party after his arrest during a sex sting in an airport men's room. Craig pleaded guilty to disorderly conduct charges, but maintains he did nothing wrong. Craig got a call from President Bush after today's announcement. The White House says Mr. Bush wished Craig well.
Well, let's take you back now to Senator Larry Craig's resignation announcement in its entirety.
(BEGIN VIDEOTAPE)
SEN. LARRY CRAIG, (R) IDAHO: To have the governor standing behind me as he always has is tremendous strength for me. To have Bill Salley (ph), who has never wavered, and who has been there by phone call and by prayer and his wife, is tremendously humbling. For the leader of our party, Kirk Sullivan, to be standing here who sought immediate counsel with me in this is, in itself, humbling. For Tom Luna, for any public official at this moment in time to be standing with Larry Craig is, in itself, a humbling experience.
For most of my adult life, I've had the privilege of serving the people of Idaho. I'm grateful for the opportunity they have given me. It has been a blessing. I am proud of my record and accomplishments and equally proud of the wonderful and talented people with whom I have had the honor and the privilege to work and to serve. I choose to serve because I love Idaho. What is best for Idaho has always been the focus of my efforts and it is no different today.
To Idahoans, I represent, to my staff, my Senate colleagues, but most importantly, to my wife and my family, I apologize for what I have caused. I am deeply sorry. I have little control over what people choose to believe, but clearly, my name is important to me and my family is so very important also.
Having said that, to pursue my legal options as I continue to serve Idaho would be an unwanted and unfair distraction of my job and for my Senate colleagues. These are serious times of war and of conflict, times that deserve the Senate's and the full nation's attention. There are many challenges facing Idaho that I am currently involved in and the people of Idaho deserve a senator who can devote 100 percent of his time and effort to the critical issues of our state and of our nation.
Therefore, it is with sadness and deep regret that I announce that it is my intent to resign from the Senate effective September 30th. In doing so ...
AUDIENCE: Yes, yes!
CRAIG: In doing so, in doing ...
UNIDENTIFIED FEMALE: We love you, Larry!
CRAIG: In doing so, I hope to allow a smooth and orderly transition of my loyal staff and for the person appointed to take my place at William E. Borah's desk. I have full confidence that Governor Otter will appoint a successor who will serve Idaho with distinction.
I apologize to the people of our great state for being unable to serve out a term to which I have been elected. Few people have had the privilege and the pleasure to represent Idaho for as many years as I have. Each day, each week, each year brought new challenges and opportunities to create a better life for Idahoans. I've enjoyed every moment and cannot adequately put into words how much I appreciate what you have given me, the chance to work for this great state.
I hope you do not regret the confidence you have placed in me over all of these years. I hope I have served you and our state to the best of my ability.
Lastly, Suzanne and I have been humbled beyond words by the tremendous outpouring of support we have received from our friends, our family, our staff and fellow Idahoans. We are profoundly and forever grateful. Thank you all very much.
(APPLAUSE)
(END VIDEOTAPE)
WHITFIELD: Senator Larry Craig earlier today not going down without a fight, either. He tells CNN he'll, "fight this like hell." But the senator did plead guilty to disorderly conduct charges following his arrest in a men's bathroom sex sting, and when you plead guilty, you can't usually ask for a do-over, can you?
Let's ask our experts about Craig's legal troubles. Avery Friedman, a civil rights attorney and law professor, good to see you.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fredricka.
WHITFIELD: And Richard Herman, a New York criminal defense attorney and law professor, good to see you as well.
RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hey, Fred.
WHITFIELD: All right, gentleman, well Richard, let me begin with you. I mean, he already pleaded guilty, and he's not going to reverse it, or can you reverse that plea?
HERMAN: Well, he -- yes, he can ask for a do-over, Fred.
WHITFIELD: Yes? Just like that?
HERMAN: He can go ahead -- he can go to the prosecutor -- yes, he can go to the prosecutor, he can say, look, I was not represented by a lawyer, I had a mistake of fact or mistake of law, I'm note sure what I was doing. Even though when he took the plea, he had to convince the judge that this was knowingly and voluntarily and intelligently made.
But, you know, in this kind of case, Fred, I think he's going to get that do-over because his entire ...
WHITFIELD: Really?
HERMAN: ...reputation is at stake. Well, I think he's got a very good shot at it, yes.
WHITFIELD: How so?
HERMAN: Well, I just think that the prosecutor is going to consent and allow this guy to have his day in court and I think if the prosecutor does that, the judge will go along with it and he'll get his trial.
WHITFIELD: Avery, advisable? Why would you want to do this?
FRIEDMAN: Well, you know what's interesting to me is that I actually -- I agree with that. I think, remember that this plea was entered by telephone. The senator was in Washington working a deal with the prosecutors. He did not appear in front of the judge. He was not asked by a judge, well, do you understand you're pleading guilty, you're waiving your rights, you have a right to trial? I think the guy actually has a shot. I'm absolutely in agreement ...
WHITFIELD: Interesting.
FRIEDMAN: Yes, but the problem ...
WHITFIELD: Well, I mean -- go ahead.
FRIEDMAN: Well, the problem though, is that by reopening the case, Fredricka ...
WHITFIELD: Yes.
FRIEDMAN: ...he's going to be facing a number of charges.
WHITFIELD: All right, that's where I was going. This confuses me.
FRIEDMAN: Right.
WHITFIELD: Why would you want to subject yourself to this when, I thought his initial explanation was, I went ahead and pleaded guilty because ...
FRIEDMAN: Right.
WHITFIELD: ...I wanted this to go away or he wanted to stop what he had been calling a witchhunt being ...
FRIEDMAN: Sure.
WHITFIELD: ...conducted by one of the local newspapers. So, if now you're going to reverse that, and say OK, I want my day in court, it's not going away, it's getting worse.
FRIEDMAN: Well -- but, but he said that because he wanted to remain a United States senator. Those days are now gone as of two hours ago. What's interesting to me is he really genuinely must feel that he's innocent.
You know, you want to lose weight, you call Jenny Craig. You want to learn how to lose a case, you call Larry Craig.
WHITFIELD: You kill me.
FRIEDMAN: And the reality is that's the bottomline here. He's actually going to take a shot at going to trial in this thing, and we heard the audiotape. He actually has some legal defenses here.
WHITFIELD: Oh really?
HERMAN: And Fred, not only that, yes Fred ...
WHITFIELD: Yes?
HERMAN: ...not only that, now he has told everyone he has a lawyer.
WHITFIELD: Yes.
HERMAN: So U.S. senator pled guilty to a crime, a misdemeanor, without having retained a lawyer ...
FRIEDMAN: Yes.
HERMAN: ...which is beyond belief, but now he has a lawyer and, you know Fred? What do we have -- we have one foot tap and a hand underneath a stall. We have no verbal communication, we have no eye contact with anybody on the other side. You're telling me ...
WHITFIELD: We just have this back-and-forth between the police officer and, you know, Mr. Craig. That's it.
HERMAN: I don't know, proof beyond a reasonable doubt? There was no verbal communication there, I'm not sure, Fred. I don't know.
FRIEDMAN: And they're arguing on the audiotape, which is significant. I mean, there's a huge amount of risk here, because this is a crime, it's a misdemeanor, but he's facing up to a year. And you know what? A good lawyer, and I'm sure Richard agrees ...
WHITFIELD: OK, after your probation, though, right?
FRIEDMAN: Well, probably, but you know ...
HERMAN: Yes.
FRIEDMAN: ...a good lawyer -- this is a first offense. There are a multitude of choices ...
WHITFIELD: Interesting.
FRIEDMAN: ...that good lawyers use in advising their clients, and, you know, a lot of people -- what's very interesting about this is a lot of people think I don't need a lawyer, I'm going to be OK. You know, it's sort of like taking your appendix out, saying I don't need a doctor, I'm going to do it myself, and it doesn't work.
WHITFIELD: Yes, you always need an attorney when you're going to be dealing with crimes.
FRIEDMAN: Right.
WHITFIELD: Or charges.
HERMAN: A misdemeanor -- Fred, a misdemeanor is not a traffic ticket, it's not a violation, it's a crime.
FRIEDMAN: Right, right.
WHITFIELD: Yes, OK, well, we're not done with you guys. I know you've got a lot of opinions about the next one ...
FRIEDMAN: Oh yes.
HERMAN: What's next, Fred?
WHITFIELD: Oh man, I know you can't wait.
FRIEDMAN: Temporary insanity -- oh, oh, Nifong.
WHITFIELD: Keyword: Nifong.
FRIEDMAN: Nifong's coming.
HERMAN: Oh man.
WHITFIELD: Yes, Richard, I know you can't wait. The other keyword: Nowak.
Nifong, Nowak. You couldn't write a better script, people. You want to stick around and hear what our legal experts have to say about these two cases.
And Apple expects to sell its one millionth iPhone by the end of the month, but is the must-have of 2007 living up to all the hype?
CNN's Jacqui Jeras has our Techno File report.
(BEGIN VIDEOTAPE)
JACQUI JERAS, CNN CORRESPONDENT: The iPhone has been out for a few months now, and the question is: has it been living up to its expectations?
Damon Brown with digitaltrends.com and also the author of "The Pocket Idiot's Guide to the iPhone," joining us now.
And Damon, what's the verdict?
DAMON BROWN, DIGITALTRENDS.COM CONTRIBUTOR: I think people are starting to realize there're some quirks with the machine. It's not this perfect machine. I think the things people are really struggling with right now are the keyboard. The keyboard isn't a tactile thing. You actually just touch the screen. People with larger hands aren't used to this type of thing, and so, it's going to take a few weeks for them to get used to that type of thing.
JERAS: All right, what about speed?
BROWN: As far as speed, it's a little bit on the slower side, little bit slower than people were expecting. It uses the AT&T Edge network as well as Cingular. They have the total best coverage in America, but it's a little bit on the slower side. People are starting to learn that if they go to a Wi-Fi spot at a coffee shop or what have you, it speeds up considerably.
JERAS: OK, do we expect any improvements in the near future?
BROWN: Definitely, definitely. I think there's going to be a touch-screen iPod coming out by the holidays, that's what the big rumor mill's saying, but there'll probably be a new iPhone as early as next March or April when they start rolling out things worldwide to Asia, and other parts of the world.
JERAS: That's pretty fast.
BROWN: Yes.
JERAS: What about the cost? A lot of people like to see that go down a little bit.
BROWN: I don't think that's going to happen, particularly with Apple. They're not known for cost-cutting, so.
JERAS: All right, can always hope, right?
BROWN: Indeed, indeed.
JERAS: All right, Damon Brown with digitaltrends.com, thanks for joining us today.
BROWN: Thank you.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
WHITFIELD: This is a segment we should call, ooh, I'd hate to be them. An ex-district attorney going to jail, an ex-astronaut going on trial.
Former Durham, North Carolina D.A. Mike Nifong sentenced to one day behind bars for lying to a judge in the Duke lacrosse rape case. He's already been disbarred. Nifong is to report to jail next Friday morning.
Meanwhile, former astronaut Lisa Nowak may plead temporary insanity. She's charged with assaulting and trying to kidnap a romantic rival. Her lawyer says she suffered from depression, obsessive-compulsive disorder, and a brief psychotic disorder.
Our legal experts are back to tackle both cases. Once again, Avery Friedman and Richard Herman.
All right, let's begin with Nifong. Richard, I know how you feel about this one, so Avery, you gets first dibs this. Justifiable? One day in jail?
FRIEDMAN: Yes, symbolic punishment.
WHITFIELD: Really?
FRIEDMAN: Yes, he's lost everything, there's nothing left. This is a symbolic punishment, the judge did the right -- the right thing, and frankly, that's the end for Mike Nifong. This case -- the story's over.
WHITFIELD: Yes, and Richard, it seemed the end for him was you know, when the case simply fell apart. This has just gotten worse by the day for him.
HERMAN: Fred, you know, I think this guy is an animal and a heathen, and one day in prison is not enough.
WHITFIELD: Oh wait, don't hold back.
HERMAN: This guy should be incarcerated for years. This was almost as if ...
WHITFIELD: Years?
HERMAN: This was like an attempted murder by this animal who knew he had no case and went ahead with the grand jury, hid evidence and lied to a judge about DNA evidence that could exonerate the defendant. This guy is the worst, he is so bad, this should not be symbolic. They must set a precedent with this guy. Avery, you owe me another dinner, I told you he'd be prosecuted criminally. You said it was immunity, he would not. He got convicted, he's going to prison, and there's more to come. They're going to sue this guy civilly.
WHITFIELD: Really?
HERMAN: They're going to take him down.
FRIEDMAN: Going nowhere, going nowhere.
WHITFIELD: Oh my gosh, so Avery, you see that, too, that -- civilly, there would be a case?
FRIEDMAN: Going nowhere.
WHITFIELD: Really?
FRIEDMAN: Case is over.
HERMAN: Please.
WHITFIELD: Because you know these college kids, or at least their families are going to be able to argue that, you know, their lives were put on hold as a result of this.
FRIEDMAN: Supreme Court decision provides for absolute immunity. The only possibility of a deviation from that legal doctrine ...
WHITFIELD: OK.
FRIEDMAN: ...is the guy's been convicted, he's going to jail. They'll give it a shot. It's going nowhere.
WHITFIELD: All right, well, let's talk about Nowak. I mean, a couple things here. She convinces the judge to go ahead and remove her ankle bracelet ...
FRIEDMAN: Yes.
WHITFIELD: ...you know, big kudos for her, but now, she's saying hey, I'm pleading temporary insanity and a host of other things. I mean, will that fly, Avery?
FRIEDMAN: Yes, she says she's -- right, her lawyers think she's fit for trial on the 24th of September. They're reserving it. She's claiming ODC, depression, I think she went through in Dandruff (ph), but the fact is it's not going anywhere. This young woman is going to trial and it's going to be, I think, a difficult result for her.
WHITFIELD: Richard, it can't get any worse than it already has, can it?
HERMAN: No, but you know, these ...
WHITFIELD: It's painful. HERMAN: Fred, these insanity defenses, very, very few of them ever work out.
FRIEDMAN: Right.
HERMAN: She did retain the medical expert that was used in the Andrea Yates (ph) case, and you know, she'll take her shot with it, but just -- shoot, this is very -- this is a sick woman and she needs help bad.
WHITFIELD: Yes, all right. Well, Richard and Avery, thanks so much, appreciate your insight. Always a joy to see you every weekend and hear from you both. And I love it when I can actually get you guys to agree. Although I didn't, but you know.
FRIEDMAN: Such rarely it happens, but it happens, yes.
WHITFIELD: Every now and then, we mark the calendars when it does. All right, thanks a lot. Have a great holiday weekend.
FRIEDMAN: Yes, see you soon. Take care.
HERMAN: Have a great weekend.
WHITFIELD: Thank you.
Well, working hard or hardly working? Which category are you in? We'll have a Reality Check on America's work habits and how we stack up against people in other countries.
And later, CNN's Special Investigations Unit, "Growing Up Diana," Soledad O'Brien looks at the Princess Diana you never knew.
(COMMERCIAL BREAK)
WHITFIELD: All right, well, here's something to consider this Labor Day weekend. How do Americans stack up when it comes to punching the clock? We're often told how we are the most industrious nation, but is that truly the case? And are we reaping the fruits of our labor?
CNN's Josh Levs breaks it down for us in this Reality Check.
JOSH LEVS, CNN CORRESPONDENT: Yes, I'm doing my best.
WHITFIELD: I can't wait to hear this.
LEVS: Yes, people are looking forward to this one because the things -- I felt a little bad. You know, I don't want to do a Reality Check that says Americans don't work hard, because we work hard.
WHITFIELD: We work hard, we know this.
LEVS: We are a hard-working nation. But here's the thing, it's Labor Day, right, and one always says we're the hardest working nation in the world. So started looking into that, and I saw that Australia calls itself the hardest-working nation in the world, and so do like ten other countries.
So I wanted to know who is the hardest-working nation in the world. So here is the Reality Check.
(BEGIN VIDEOTAPE)
LEVS (voice-over): Americans do work hard, very hard in many cases, but are we really? As we're often told ...
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The hardest- working people in the world.
LEVS: We do get less vacation time then folks in many other nations, and one in four workers gets none, according to the Center for Economic and Policy research. The group calls the U.S. the "no- vacation nation," because it's the only advanced economy that does not guarantee paid vacation. Those who do get it often don't use it up.
A survey by Expedia, which sells vacation packages, found about a third of Americans leave some days unused. Instead of this, we're doing this.
But when we're working, do Americans clock the most hours? No, according to the United Nations. It counted up how many people in different countries work a long week, at least 48 hours. In the U.S., 18 percent do. That number is higher in Switzerland and Australia. In both Britain and Israel, 26 percent of workers put in that kind of time. The numbers are substantially higher in many developing nations. In Peru, half the workforce worked more than 48 hours a week.
Now, who in America works the most hours? The federal government looked at more than 300 jobs, and in just a few cases, it found an average workweek of more than 50 hours. Among those clocking that kind of time, firefighters, doctors, marine engineers, animal breeders, extraction workers, riggers, hoist and winch operators, and those who operate trains and ships.
(END VIDEOTAPE)
LEVS: You know, I don't get to say hoist and winch often enough on the air. I'm going to work on that.
WHITFIELD: And you know, I took note of that work, too, because it's like ...
LEVS: Yes, you never get to say that.
WHITFIELD: OK, yes, you know.
LEVS: But those few are the hardest-working in terms of having the longest week, just those eight ...
WHITFIELD: Yes.
LEVS: ...of 300 jobs, those were the ones that worked the longest weeks.
WHITFIELD: Wow, and so people think, well, if you're going to work all this -- all these hours, then where's the payment?
LEVS: Yes.
WHITFIELD: So, you broke it down even in terms of incomes, families versus individuals, disparities.
LEVS: Exactly, looked at that, too. Really interesting stuff and brand-new figures that just came out this week. Let's take a look at this.
What happened here is that the census came out with an announcement that families are making more money, but that individuals are making less. All right, so if you think about that for a second, how is that possible?
Here's why. In more families, you've got both parents working full time. So that's what we're hearing from analysts. So, you'll hear cery often, and we'll hear this, Fred, from government leaders, that families are making more money these days, but that's because, in more cases, you've got both parents working.
WHITFIELD: Double incomes.
LEVS: Individual income on average has actually gone down across the country. So, we're hard-working and we're making a little bit less.
WHITFIELD: So you're being penalized if you're not in a family, is that what we're saying, if you're not married or something?
LEVS: Well, comparing individuals within the family. (INAUDIBLE).
WHITFIELD: OK, just checking, just checking.
LEVS: Good point, yes, right.
WHITFIELD: All right, thanks a lot, Josh.
LEVS: You got it.
WHITFIELD: Good to see you. Have a good weekend, too.
LEVS: Oh yes, you too.
WHITFIELD: All right, well, Beckham, he didn't bend it, he sprained it. And he could possibly miss the rest of the season. Costly cha-ching. Soccer super-star David Beckham has been diagnosed with a sprained right knee. Ow! He was injured in a game on Wednesday. His team, the L.A. Galaxy, says he'll be out for at least six weeks. At best, he could rejoin the team in time for its last three games in October. We wish him the best in his recovery.
Well, this is the first year that Beckham has played for a U.S. soccer team and he's been trying to promote the sport to Americans.
CNN's Mark McKay reports on a recent visit to New York.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: Harlem's the future of American soccer.
MARK MCKAY, CNN CORRESPONDENT (voice-over): When David Beckham paid a visit to a tiny soccer field in New York City, it marked the coming of age for a youth program that had existed for 16 years. The L.A. Galaxy star's participation in a skills clinic in many ways put F.C. Harlem on the map, and left those who met the Englishman, with lasting impressions.
UNIDENTIFIED FEMALE: It was really awesome.
JAHMAI FRASER, F.C. HARLEM PLAYER: It was the best day I've had in my life, playing with David Beckham. When he passed me the ball, go Beckham, I was so excited, because as soon as I passed him the ball, he's like, and I passed it right back, he's like, oh, you can play? I'm like, yes.
COURTNEY KINDER, F.C. HARLEM PLAYER: When we were playing over there, I was deeing (ph) him, and he was like, don't mock me, and I'm like I have to, I'm in defense. But he always got away from me, so he (INAUDIBLE) paying up on that a bit.
MCKAY: At times, it appeared that Beckham and his fellow major league soccer players who turned out for the clinic were enjoying themselves more than the kids. Perhaps it had to do with knowing all of the good that the program provides the youngsters of this inner- city community.
DAVID BECKHAM, L.A. GALAXY MIDFIELDER: When you come to somewhere like Harlem, where the majority of kids, you know, come here and this is their life, you know, coming out, playing soccer is so important to them. And I think that to have something like this here is incredible for the kids of Harlem.
JOZY ALTIDORE, N.Y. RED BULLS FORWARD: It gives them hope, especially for the ones that are good, or even the ones that aren't good. It shows that if you work at something hard enough, you can succeed in it, and i think it's a definite way out for a lot of them, and now they're going to take it seriously because they see that it's possible to make it.
JUAN PABLO ANGEL, N.Y. RED BULLS FORWARD: I wish I had the chance to meet a top class of ballers when I was that age, and now they have the chance to see three or four of us passing here. It's something that you will never forget. So, I think it's a great experience.
MCKAY: F.C. Harlem creates safe, after-school opportunities for neighborhood girls and boys that takes them off the streets and brings them into an environment that can be life-changing. IRV SMALLS, F.C. HARLEM EXECUTIVE DIRECTOR: We use the sport of soccer to empower the community, develop families, and provide opportunities for youth. So what we're really looking at is not so much developing a elite players, even though when we have really good talent, we're providing opportunities for them to go to the highest level. We're using soccer as really teaching life skills.
FRASER: It keeps us out of trouble, makes us have something to do, something we enjoy to do, play soccer all the time.
SYDNEY KINDER, F.C. HARLEM PLAYER: You get to learn most stuff, you get to go places and you like work with your teammates very well. You become one big happy soccer family.
MCKAY (on camera): Programs like F.C. Harlem aren't unique here in the United States. In fact, they can be found all across America, as soccer makes strides into the inner cities, in hopes of developing the next David Beckham.
BECKHAM: The inner cities is where you can find some great players and great young talent, because, you know, the kids haven't got what other people and other kids have got around different places of the country and different places in the world. And you get that hunger.
MCKAY (voice-over): Soccer in the city is more than just a way for young people to merely pass the time. In Harlem, the sport is being used to instill an insatiable desire to succeed.
Mark McKay, CNN, New York.
(END VIDEOTAPE)
WHITFIELD: Much more and your top stories, straight ahead.
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