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Anderson Cooper 360 Degrees
Gephardt Backs Kerry; Intelligence Defense: Tenet Fires Back
Aired February 05, 2004 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEOTAPE)
ANDERSON COOPER, HOST (voice-over): The CIA fights back on Iraq intelligence and WMD.
In Florida, a suspect in custody. But what's happened to little Carlie Brucia?
An exclusive talk with Laura Bush: the first lady on the road and on the record defending the president.
An inside look at Guantanamo Bay, the camp, the condition, the controversy.
Martha Stewart's tough trial: new damaging testimony. And what's up with those sketches?
Saving Rebecca: doctors struggle to help the baby born with two heads.
(END VIDEOTAPE)
ANNOUNCER: Live from the CNN Broadcast Center in New York, ANDERSON COOPER 360.
COOPER: And welcome to 360.
Up first tonight, news of a major development on the Democrats' campaign trail. CNN has learned former candidate Richard Gephardt -- well, actually, this is a story about George Tenet. He spoke out today defending the CIA. We're going to have that story. It's our top story coming up in a moment.
But first, we're going to go to national correspondent Kelly Wallace to talk about the endorsement by Richard Gephardt of John Kerry.
Kelly, how significant is it?
KELLY WALLACE, CNN NATIONAL CORRESPONDENT: Anderson, it is very significant, because John Kerry and many of the other Democratic presidential candidates have been actively courting Dick Gephardt for his endorsement ever since the Missouri congressman stepped out of the race. The significance here, Dick Gephardt is one of the leaders in the Democratic Party, and someone with strong ties to organized labor. This can help John Kerry in states like Michigan and Wisconsin, even in Virginia and Tennessee. We are told that Gephardt and John Kerry have been talking frequently. But to give you a sense of how quickly this happened, we were on the plane with Senator Kerry and Dick -- Steve Elmendorf, Dick Gephardt's chief of staff, who is now the deputy campaign manager for the Kerry campaign. We asked him what the status was. He said it was still being worked on. Clearly in the air -- when the senator was in the air his office in Washington got the word that the congressman would endorse him and it would come tomorrow -- Anderson.
COOPER: All right. Kelly, thanks for the update.
In Washington today, the director of the CIA fires back at critics of prewar intelligence on Iraq. In a speech at Georgetown University, George Tenet tells the crowd, "We will always call it as we see it."
More on the intelligence defense from CNN national security correspondent, David Ensor.
(BEGIN VIDEOTAPE)
DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): George Tenet offered a combative defense of the intelligence from the analysts before the Iraq war.
GEORGE TENET, CIA DIRECTOR: They never said there was an imminent threat. Rather, they painted an objective assessment for our policymakers of a brutal dictator who is continuing his efforts to deceive and build programs that might constantly surprise us and threaten our interests.
ENSOR: On specifics, though, there were some admissions from the director of Central Intelligence that the estimates have not always been proved right on Iraq's nuclear program.
TENET: We may have overestimated the progress Saddam was making.
ENSOR: And on chemical weapons.
TENET: We have not yet found the weapons we expected.
DAVID KAY, FMR. U.S. WEAPONS INSPECTOR: To me, it's clear Iraq had no large stockpiles of biological and chemical weapons at the time of the war.
ENSOR: David Kay, the former weapons inspector, made that assertion again after Tenet's speech. Tenet strongly rejected the general charge that the CIA has been weak on human intelligence. He said a CIA spy led the U.S. to al Qaeda mastermind Khalid Shaikh Mohammed, that penetration of Libya's WMD supply network and the CIA telling Tripoli that the game was up contributed to Gadhafi's decision to give up the weapons, and the spikes inside Dr. A.Q. Khan's black market nuclear network in Pakistan led to its exposure.
TENET: So when you hear pundits say that we have no human intelligence capability, they don't know what they're talking about. (END VIDEOTAPE)
COOPER: David Ensor joins us now.
David, have we learned anymore about the presidential commission that's being formed to investigate the prewar intelligence?
ENSOR: Well, we're told by the White House that they hope to announce all the members tomorrow. We do know that Senator John McCain has accepted a position on the nine-member commission. David Kay says he has not been asked. Not clear whether he will be or not.
COOPER: Interesting. All right. David Ensor, thanks very much.
President Bush today also fired back, aiming his verbal fire at critics of his decision to go to war in Iraq. In a speech today in Charleston, South Carolina, he gave an impassioned defense of his decision to topple the regime of Saddam Hussein.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: As the chief weapons inspector said, we have not yet found the stockpile of weapons that we thought were there. Knowing what I knew then and knowing what I know today, America did the right thing in Iraq.
(END VIDEO CLIP)
COOPER: President Bush went on to say that because the U.S. acted, Iraq's nightmare is over.
In Iraq, an assassination attempt against a religious figure with major political consequences. Officials say gunmen opened fire on this man, Iraq's most powerful Shiite cleric, Grand Ayatollah Ali Al- Sistani. He was leaving his house on the way to his office in Najaf when attacked. Some of his bodyguards were wounded, but word is Sistani is not hurt, and he is now in a secure location.
The assassination attempt is likely to anger -- an attempt to anger Iraq's long-oppressed Shiite community, which is seeking greater influence in a post-Saddam Hussein Iraq. Meanwhile, Pentagon sources tell CNN they have not received any report of the incident.
Well, tonight in Sarasota, Florida, the search is intensifying for missing 11-year-old Carlie Brucia. A suspect is in custody, but Carlie's whereabouts are still unknown. The sheriff today asked for the public's help, asked people to look, in particular, for a pink backpack that belongs to Carlie.
CNN's national correspondent, Susan Candiotti, has the latest.
(BEGIN VIDEOTAPE)
SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): At Carlie Brucia's home, friends try to soften the mother's agonizing wait. Yet as CNN first reported Wednesday, Suspect Joseph Smith is not cooperating.
UNIDENTIFIED MALE: He's not talking at all?
UNIDENTIFIED MALE: He's not talking at all. He may be talking to counsel. And we're hoping that counsel will come to us. But until then, we can't talk to him. That's not good for the system.
CANDIOTTI: Smith's public defenders are talking with their client at the jail but won't comment further. Meantime, investigators are focusing on the station wagon they say was used to abduct the 11- year-old Sunday night. They won't reveal what evidence they have, pleading for help from anyone who saw it.
UNIDENTIFIED MALE: We are looking for leads on the whereabouts of this vehicle right now. If we can secure an area, then of course we'll start any searches that we need to.
CANDIOTTI: Authorities also looking for the girl's pink backpack she was carrying when she was abducted.
SUSAN SCHORPEN, CARLIE'S MOTHER: I need your help. Please help me bring my baby home. Carlie Brucia is a beautiful, intelligent girl, and she's got to come home.
CANDIOTTI: At a friend's home, where Smith had been living when he was arrested Tuesday, an unidentified woman told CNN she tipped off police he was there. An arrest form said Smith did possess a yellow powdery substance which tested positive for cocaine. A probation violation that allow police to keep him behind bars for now while they look for Carlie.
Smith has a history of mostly drug arrests, and a little more than a year in prison. In 1997, he was acquitted on a kidnapping charge. At the time he was arrested, a police report states he was wearing a light blue shirt with a name or emblem on it. Investigators say he was wearing a similar shirt in Sunday night's abduction video.
(END VIDEOTAPE)
CANDIOTTI: In tracing Smith's past, this additional point of interest. On two occasions last October and December, his probation officers reported to the court two apparent violations, including failing a drug test. Violations that could have put him back in jail for as many as five years. But in both cases, according to state records, no action was taken -- Anderson.
COOPER: All right. Susan Candiotti, in Sarasota. Thanks, Susan.
A quick news note on the ongoing search for another missing young woman. Dru Sjodin has been missing since last November 22, when she disappeared from the parking lot of the Grand Forks, North Dakota shopping mall where she worked. Nine days after her disappearance, convicted rapist Alfonso Rodriguez Jr. was arrested and charged with kidnapping the 22-year-old. Her blood was found inside Rodriguez' car. Rodriguez has not admitted to the crime. The hunt for Dru Sjodin continues to this day in northwestern Minnesota, where searchers drilled holes through about three feet of ice on the Red Lake River.
Well, in the Martha Stewart trial, the defense is trying to rattle the prosecution's star witness. They don't call it cross- examination for nothing.
Here is Allan Chernoff..
(BEGIN VIDEOTAPE)
ALLAN CHERNOFF, CNN BUSINESS CORRESPONDENT (voice-over): Animosity between Martha Stewart and the prosecution's star witness, Douglas Faneuil, came to light during cross-examination of the former assistant to Stewart's stockbroker. In an e-mail from October, 2001, Faneuil wrote, "I have never been treated more rudely by a stranger on the telephone. She actually hung up on me."
Another Faneuil e-mail: "She yelled at me again today. But I snapped in her face and she actually backed down." "Baby put Ms. Martha in her place," Faneuil wrote, referring to himself. Faneuil also said Stewart had threatened to close her Merrill Lynch account unless the telephone hold music was changed.
The revelations highlighted a full day of cross-examination by David Apfel (ph), attorney for Peter Bacanovic, Stewart's stockbroker and co-defendant in the obstruction of justice trial. In great detail, Apfel (ph) reviewed Faneuil's misdemeanor plea bargain for having lied to government investigators in support of Bacanovic's and Stewart's explanation of her ImClone stock sale.
Repeatedly, Apfel (ph) accused Faneuil of other lies. But Faneuil only once conceded, "My recollection has changed a bit," referring to the timing of two phone calls.
Apfel (ph) did score two key points. Faneuil admitted he was not familiar with Stewart and Bacanovic's tax planning, nor was he in the office on December 20, 2001, the day Bacanovic printed this list of Stewart's holdings on which he claims to have written a note to sell ImClone, as he and Stewart were discussing losing stocks for tax purposes.
(END VIDEOTAPE)
CHERNOFF: Judge Miriam Cederbaum appeared annoyed at the lengthy cross-examination repeatedly. She told attorney, David Apfel (ph), to stop repeating himself and move on. On Monday, Martha Stewart's attorney is scheduled to cross-examine Faneuil. Mr. Morvillo has promised to take no more than two hours -- Anderson.
COOPER: All right. That will be his fourth day on the witness stand. We'll be watching.
Allan Chernoff, thanks very much. We're going to have more analysis of this trial, talk to someone who was in the courtroom today a little bit later in the program.
Also, keeping an eye on a number of other stories for you now "Cross Country." Let's take a look.
Washington: all clear. There you see it. Reopening day today for the first of three Senate office buildings closed by the discovery of that deadly toxin, ricin.
Two of the three will be open tomorrow. But the Dirksen Building, where the ricin was actually found on Monday, that's going to remain closed through the weekend. Investigators still do not know how the toxin got there in the first place.
Atlanta, Georgia: you could say Kathy Cox's point of view has evolved. Get it? Cox, who is Georgia's school superintendent is now reversing her earlier position. She is scrapping plans to remove the word "evolution" from the state's high school science curriculum.
Van Nuys, California: attorney-client divorce. Actor Robert Blake and his attorney have split up. The judge dismissed the attorney today, citing irreconcilable differences. Blake is due back in fourth with his new and, by the way, fourth lawyer on February 23. Blake, of course, is accused in the shooting death of his wife.
Columbus, Ohio: youth movement. Younger players may soon be eligible for the NFL draft. Thanks to a federal judge's ruling today in New York, suspended Ohio State running back Maurice Claret (ph) had sued the NFL to challenge its rule that a player must be out of high school three years to be eligible.
The judge ruled that barring younger players violates antitrust laws. Claret (ph) was suspended by the Buckeyes last season for accepting improper benefits and then lying about it to investigators.
And that's a look at some of the stories "Cross Country" for you tonight.
Born with two heads. A remarkable story. Doctors right now preparing for a marathon surgery to save this little girl's life. Dr. Sanjay Gupta has the incredible story coming up.
Also, inside Gitmo. Its been a lightning rod for criticism around the world. We'll take a closer look at the detainee dilemma and show you new pictures of what goes on inside.
And one on one with Laura Bush. An exclusive interview with the first lady. Find out what she has to say about the campaign for the White House.
First, let's take a look "Inside the Box" at the top stories on tonight's network evening newscasts.
(COMMERCIAL BREAK) COOPER: Well, a group of surgeons, nurses and doctors are preparing to make surgical history tomorrow. They will perform surgery on a Dominican infant born with a second head. It is an operation that's never been done before on a birth defect that is almost as rare.
Dr. Sanjay Gupta has the story. And a warning, some of you might find some of these images disturbing.
(BEGIN VIDEOTAPE)
SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice-over): Doctors told Dominican parents, Franklyn and Maria, that their baby would likely be born with a tumor on the top of her head. But nothing could prepare them for the first time they saw Rebeca. She was, in fact, born with two heads.
The little girl was otherwise normal. And the second head has only reflex activities.
UNIDENTIFIED MALE: The eyes are blinking sometimes. And some part of the face you can see movement in the face.
GUPTA: Doctors were stunned.
UNIDENTIFIED MALE: We got excited. We got confused of what to do. What are we going to help? How are we going to help?
GUPTA: In fact, there was only once before in history in 1780 when the famous boy of Bengal lived to the age of four with two heads. He eventually died of a cobra bite. No other baby has survived to birth.
When twins are connected at the top of the head and one stops growing, you develop this situation, known as cranial pegus parasiticus (ph), or twin parasite. Rebeca's doctors are convinced she will not survive without having her parasitic twin removed.
UNIDENTIFIED MALE: If we do not perform the surgery on Rebeca, the main brain of Rebecca, the baby, is not going to develop.
GUPTA: Now six weeks old, Rebeca will undergo a marathon operation, the first ever performed.
UNIDENTIFIED MALE: We're going to cut all the major blood vessels, plus separate both brains.
GUPTA: Dr. Jorge Lasareff, who recently separated the conjoined Guatemalan twins, will be part of the operating team and is convinced this operation will be easier. In this case, you have only one life to save instead of two.
Dr. Sanjay Gupta, CNN, New York.
(END VIDEOTAPE) COOPER: It is just a remarkable story. The surgery is going to be tomorrow. It may take as long as 13 hours. We'll bring you updates tomorrow as soon as we hear them.
Turning now to Janet Jackson's Super Bowl stunt and the nanosecond of, well, breast exposure. To paraphrase Winston Churchill, never in the history of television have so many made so much of so little. A flurry of changes in television are in the works beginning tonight.
Jen Rogers has the story.
(BEGIN VIDEOTAPE)
JEN ROGERS, CNN CORRESPONDENT (voice-over): It was a quick shot. But fallout showed from this super stunt shows no signs of slowing. Already, NBC's "ER" is cutting a shot of a woman's breast in Thursday's episode. ESPN is reworking its Pro Bowl half-time show, and numerous networks are adding decency delays, raising concerns over what exactly will be (UNINTELLIGIBLE).
UNIDENTIFIED MALE: You can bet the trigger fingers are going to be very, very careful on those things. They're going to be pushing the button for anything now.
ROGERS: For the first time ever, even the Oscars will have a delay. ABC is putting a five-second lag on the show later this month. CBS will be using an unprecedented five-minute audio and video delay for the Grammys broadcast this Sunday. Janet Jackson is no longer expected at the awards show, much to the disappointment of her supporters, some of whom are threatening to take action.
UNIDENTIFIED MALE: Either Janet Jackson is going to be allowed to participate and have a meaningful role at the Grammys Awards, or the supporters and Jackson fans will be outside demonstrating.
ROGERS: CBS wouldn't comment on the status of Jackson's participation. Justin Timberlake, however is still slated to perform. He says he's frustrated by last Sunday's events.
JUSTIN TIMBERLAKE, SINGER: I was completely shock and appalled. And all I could say was, oh, my god. Oh, my god. I mean, I was completely embarrassed.
ROGERS: Don't expect another wardrobe malfunction involving Timberlake at the Grammys. He says he's rehearsing everything this time.
Jen Rogers, CNN Financial News.
(END VIDEOTAPE)
ROGERS: The latest development in this firestorm, a proposed class action lawsuit. Now, this was filed in Tennessee. I actually talked to the law firm that filed it. They say they have been inundated with phone calls, quite busy today with people trying to figure out how they might be able to join this proposed lawsuit -- class action lawsuit.
CBS, one of the named defendants, Anderson, had no comment.
COOPER: All right. Jen Rogers, thanks very much.
We're tracking a number of developing stories around the globe right now. Let's check the "UpLink."
Hamburg, Germany: freedom for a man tied to terrorists -- this guy. He was acquitted of more than 3,000 murder-related counts for his alleged role in 9/11. The Moroccan native was accused of helping the hijackers while they lived in Hamburg. But get this. The court says it doubts he is innocent, but they said there simply wasn't enough evidence to prove his involvement in the attacks.
Beijing, China: festival tragedy. Thirty-seven people celebrating the lunar new year, well, they were killed today after being crushed or trampled to death in a stampede. The victims were part of a large crowd on a bridge. Apparently someone slipped, fell, triggering a domino effect of bodies falling on top of each other.
Islamabad, Pakistan: off the hook. President Pervez Musharraf grants a full pardon to the scientist who passed nuclear secrets to other countries. Mr. Musharraf says there will be no further investigation. And he's not going to turn over any pertinent information to U.N. inspectors.
Havana, Cuba: sour note. Five Cuban musicians nominated for Grammy Awards, they will not be allowed to enter the U.S. for Sunday's ceremony. The White House refuses to grant them travel visas, citing a rule aimed at protecting Americans from people who are "detrimental to interests of the United States."
That's a look at stories in the "UpLink" tonight.
The heat is on the campaign trail. Dean lays his final stake in Wisconsin. Clark gets aggressive. And Kerry gets a new endorsement. Find out who is doing what to come out on top.
Also tonight, a CNN exclusive: the first lady one on one. Laura Bush speaks out about the race for the White House.
And a little bit later on, the Martha Stewart trial. The star witness faces cross-examination. Will his testimony end up putting her behind bars? We'll take a closer look.
And today's "Buzz" question is this: Who should be held responsible for Iraq's claims about WMD? What do you think, the CIA, President Bush, or other? Vote now, cnn.com/360. We'll have the results at the end of the show
(COMMERCIAL BREAK)
COOPER: Well, we are getting late word tonight that congressman and former presidential candidate, Richard Gephart, is about to throw his support to John Kerry. A formal endorsement is expected tomorrow at a rally in Michigan. Ideal timing for Kerry, considering Gephardt's ties to big labor in a state where big labor is a big deal.
Let's talk about this with CNN political analyst Carlos Watson and Democratic strategist Julian Epstein. Both of them joining me from Washington.
Carlos, let's start with you. How significant is this endorsement for Kerry?
CARLOS WATSON, CNN POLITICAL ANALYST: It's tremendous. You will recall just a week ago Howard Dean was saying that where he needed to win and could win was in Michigan, along with the state of Washington, both of which have contests this weekend. He now has moved it to Wisconsin.
And you can see the Kerry people significantly bearing down in each of these places. So they will likely take away big wins in Washington and in Michigan. And, by the way, Anderson, look for a significant announcement this Monday in the state of Virginia, possibly from the governor of Virginia, on behalf of John Kerry as well, closing up any opportunity for any of the others to break through.
COOPER: Julian, Carlos mentioned Wisconsin and Howard Dean. Howard Dean basically announced that if he doesn't win Wisconsin, he's out of the race. This is, of course the primary on the 17th.
I want to show you just the latest poll we got from the University of Wisconsin. It shows Kerry has 35 percent, Clark 11, Edwards nine, Dean eight percent. I mean, the guy is trailing badly. Was it a mistake to lay it all on the line in Wisconsin?
JULIAN EPSTEIN, DEMOCRATIC STRATEGIST: He didn't have much option. This was the last stand in cheese land move on the part of Governor Dean. The interesting thing that's going on right now is John Kerry is up by about two touchdowns and a field goal, even though only about a tenth of the delegates have been selected. And so each of these candidates now, Edwards, Clark and Dean, all have to say that one state is the marker for them, if they can do well there.
But the very interesting thing that's going on with Kerry is that he's winning in constituencies you wouldn't expect him to be. In Michigan, for example, which Carlos just mentioned, John Kerry voted for fuel efficiency standards, which was unpopular, voted for trade agreements, which was unpopular. But he's up 44 points.
In Washington, where the anti-war sentiment is probably the hottest, Kerry is up there as well. In Virginia, John Edwards' neighboring state, John Kerry may win there as well.
So the amazing thing about Kerry at this point is he's almost showing a Clintonesque likeability to win constituencies you would expect him not to win. And that's why people in the White House are saying this guy almost has a Teflon-like quality.
COOPER: All right. Carlos, I want to talk about Edwards and Clark with you. Clark getting a little bit more aggressive. Is that something Edwards is going to do? Or is he going to sort of stay -- try and stay relentlessly upbeat, as he has been all along?
WATSON: I think for Edwards, the choice is, do you want to be vice president or president? If you want to be president, you have to get a little bit negative, you've got to be a little bit tougher. Because you don't have much time.
Tuesday is going to be here before we know it. And certainly, if Kerry wins in the two southern states, the last possible argument against his broad electability theory is gone. Meaning that he could win absolutely everywhere. And he will have won two of three southern states.
But in addition to Clark and Edwards, also look for the White House to get a lot tougher on him, bringing out some of his voting records on military intelligence funding, on the environment. And also on gay rights.
COOPER: Julian Epstein, last thought here. Is there anything really that can derail John Kerry at this point?
EPSTEIN: Probably very little, but there is a debate about how soon these candidates should get out of the race. The conventional thought right now from Democratic insiders is that the more quickly they get out, the better.
I take a different view. I think that the longer the campaign goes on, the better. Because John Kerry is getting better with every passing week of his campaigning. And it continues to give the Democrats a stage to beat up on Bush. So I think the longer this goes on, in an ironic way is actually better for the Democrats and better for John Kerry.
WATSON: One small point on that. It will save John Kerry a ton of money if he's able to win this before March 2. Because spending money on ads in California and New York takes away money that he could spend on a general election campaign.
EPSTEIN: It's not clear how much he has to spend. The big lesson of this primary is that the free media, the stuff that you do, Anderson, the reporting of who has the momentum, trumps money and trumps organization. John Kerry is getting his big bump from free media. It's an incredible lesson in this campaign.
COOPER: All right. Julian Epstein, Carlos Watson, thanks. It was interesting. A lot ahead, though, to watch.
As you may have noticed, no cameras are allowed in the courtroom for the Martha Stewart trial. Getting an inside glimpse has not been easy. The media have had to rely on sketches to show you what's going on inside.
An article in "The Wall Street Journal" caught our attention this week. It turns out Stewart has sketch artists scratching their heads. Look at these.
Her attractiveness and lack of easily identifiable facial features actually makes her difficult to draw. As you can see, Martha on paper looks a lot different than Martha in person.
Take this one, which appeared in "The Washington Post." She may look familiar, but not because of a Stewart resemblance. We think actually in this one she looks a little bit more like one of my colleagues. Who do you think?
What do you think, a little Paula Zahn in there? I think so. I think it could be.
Anyway, the artist behind this and other Stewart sketches, they are with us today. Their names are Andrea and Shirley Sheppard (ph). They say they can make a sketch quickly.
Thank you very much for being with us. We appreciate it.
We're going to talk to them in just a little bit about what it's like being inside the Martha Stewart trial. They've already started trying to sketch me. We're going to do this throughout the show. And we'll take a look at the results, and we'll talk about Martha Stewart's trial a little bit later on in the program.
We'll check back with you in a little bit.
(BEGIN VIDEOTAPE)
COOPER (voice-over): An inside look at Guantanamo Bay, the camp, the conditions and the controversy. An exclusive talk with Laura Bush on the road and on the record.
And Martha Stewart's tough trial. What's up with those sketches? 360 continues.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
COOPER: In the next half hour on 360, inside GTMO. It's the center of a worldwide controversy over the law of politics and human rights. We'll take a closer look at the man who just returned from the island prison.
Also Laura Bush on the campaign trail. An exclusive interview with the first lady.
And this week's overkill. Not Janet, but the network nipple effect that's rippling across the air waves.
First Let's check our top stories in tonight's "Reset."
CNN learns that Senator John McCain of Arizona will serve on the nine-member presidential commission investigating U.S. intelligence gathering. An administration official says President Bush plans to name all members of the panel tomorrow. Part of the commission's investigation will focus on the pre-war assessments of Iraq's weapons of mass destruction. The Pentagon is apparently scrapping its Internet voting system for U.S. citizens overseas. An official says there are concerns about its security. Last month computer security experts criticized the system saying it was too vulnerable to hackers.
In Haiti, government opponents have torched the Northwestern cities police station and freed inmates. Haitian radio reports at least four people were killed. The mayor's home was also set on fire. There's been ongoing violence in the Caribbean country linked to calls for President Aristide's resignation.
In New York, a stunt on David Letterman's talk show goes wrong, very wrong. Today a snowboarder veered off a U-shaped ramp outside the shows theater and fell 25 feet to the ground. It was her third try at the stunt after two successful jumps. She's hospitalized in stable condition.
That's a quick look at tonight's "Reset."
Now, inside GTMO, it's a case of defending the alleged enemy in a system some don't see as fair. Military attorneys assigned to defend detainees at Guantanamo Bay. So far, of the hundreds of people detained at the naval base in Cuba, only two have been given attorneys.
The attorneys will represent their clients through tribunals, a process in which where there's no appeals in federal courts. One of the assigned lawyer doesn't think it is a good idea.
(BEGIN VIDEO CLIP)
MAJOR MICHAEL MORI, U.S. MARINE CORPS: Using the commission process just creates an unfair system that threatens to convict the innocent and provides the guilty a justifiable excuse to challenge their convictions.
(END VIDEO CLIP)
COOPER: CNN legal analyst, Jeffrey Toobin, just got back from Guantanamo Bay. He writes about his experience in the "New Yorker" magazine. He joins us now. Jeff, good to see you.
The Pentagon just released new video today that we got, we'll show the audience about the conditions inside GTMO. What surprised you -- I mean, because when a lot of people think about it, they think about Camp X-Ray, people walking around with bags over their heads.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Right Camp X-Ray is long gone. Camp Delta is where people are now. It really feels like an American maximum security prison. The cells are open to the air, but frankly, in a Caribbean environment you are better off that way, than enclosed.
It is closed off from the rain. The cells are very small, eight by seven, but there's only one person in a cell. For better or worse, if you've ever spent any time in an American maximum security prison, these people really are in no worse shape than our prisoners.
COOPER: All right. Let's talk about what it's like defending these people. Because in "The New Yorker" is that you talk to the lawyer who are going to defend them.
TOOBIN: It really is amazing when you think about it. Someone like Will Gunn who is in charge of the defense lawyers...
COOPER: The lead attorney?
TOOBIN: The lead attorney. Air Force Academy graduate, Harvard Law School graduate, African-American from Ft. Lauderdale, just an intensely admirable man. His reaction when he was first asked to do this job is, somebody is trying torpedo my career. Because imagine, your colleagues are out there fighting al Qaeda. And you are defending al Qaeda.
COOPER: And his office is in the Pentagon. It's sort of this odd...
TOOBIN: That's one of the complaints about the system, that it is sort of a closed loop. Everyone involved is somehow answerable to the military. But I honestly -- one of the things that's impressive about talking to these military lawyers, like Michael Maury (ph) we just heard, is that they're not afraid to take on the Pentagon. They have filed briefs in the Supreme Court opposing the Pentagon. I don't know if they'll win, but -- they certainly seem to be fighting with enthusiasm.
COOPER: They all seem to believe very much in the idea of a free trial and a good defense for these people. But let's talk about how they are defending these people. The U.S. says, look, the people at GTMO that they have rights that they are presumed innocent until proven guilty. You need to have proof beyond a reasonable doubt, access to free attorneys. But there are two main things which makes defending these guys different. What are they?
TOOBIN: Well, the lack of an appeal into the federal courts. The fact is, they do not have any right at the end of the day. The appeal goes to a group of people appointed by the Pentagon. The federal courts will have nothing to do with it.
The other thing that bothers these lawyers the most is the government has asserted the right to monitor attorney-client conversations, they say, for intelligence gathering purposes, not for prosecution purposes, but that's something that really rubs these lawyers the wrong way. But you know, the answer will be, too bad, that's how the system is set up.
COOPER: The case will go to the Supreme Court in the coming months. It will hinge on sovereignty. Why sovereignty?
TOOBIN: It's a very peculiar little corner of international law. Basically, the government's argument, the U.S. government's argument is because, technically, Cuba has sovereignty over Guantanamo, these prisoners are on foreign soil so they have no rights to go to federal courts.
The plaintiffs argue the lawyers for the inmates argue, look, this is about as American as you can get. It is the most secure place on Earth. And it's funny going there, you feel so much like you're not in Cuba.
COOPER: It's like Mayberry.
TOOBIN: It's a riot. You are in Cuba, and I spent four days there and didn't hear Spanish. I mean, you are really in what seems like an American town. But the government tends to do well in the Supreme Court when national security matters are at stake. So, I wouldn't bet much on Guantanamo inmates winning that case.
COOPER: All right. It's an interesting article. It's in "The New Yorker." Jeffrey Toobin, thanks.
Well, a quick news note about Guantanamo Bay. The Pentagon says about 650 detainees from 44 different countries are still being held at the naval base. Since January 2002, 91 detainees have been released, including three teenagers let go just last week. Last summer, President Bush selected six to be eligible for trial. Two of them have received counsel, but neither has been charged as of yet.
Now to our exclusive interview with first lady Laura Bush. Yesterday she traveled to Savanna, Georgia where she headlined an event around Heart Awareness Month. On her way home she spoke one on one with CNN's John King.
(BEGIN VIDEOTAPE)
JOHN KING, CNN CORRESPONDENT (voice-over): On the road, not long after morning coffee with the president, the time they tend to talk politics.
Does he express any firm opinion about who he would like to run against or how he sees the campaign shaping up?
LAURA BUSH, FIRST LADY OF THE UNITED STATES: Not that I would tell you.
KING: Talked to the first lady between stops in Georgia and Florida. And it's clear the president is paying much more attention to the Democrats than his top advisers let on. And clear she doesn't care much for attacks suggesting her husband went AWOL back in his National Guard days or deliberately exaggerated the case for war in Iraq.
BUSH: I take it personally. I don't think he takes it personally. No one likes to hear total things that are just totally not true about somebody they love, especially in a political race. Seems to me that they're spending most of their time saying terrible things about my husband. And no, I really don't like that.
KING: Fiercely protective of her husband and also of twin daughters, Barbara and Jenna and clearly nervous as they approach college graduation and think about a public role in this year's campaign.
BUSH: You know, I know they have a feeling of wanting to be involved because it is their father's last campaign but at the same time I worry about the pain that they might have because they didn't choose this life. You know, their dad did. Their dad and I did, actually. We want them to be able to live the life that they want to live. Not subject to, you know, mean remarks.
KING: Mrs. Bush says she relishes her role and makes a point of noting, she does things her way.
BUSH: You know, I'm his wife. I'm not his political adviser. That's the relationship that I value the most. It is the relationship that we have. Husband and wife. Sure, I give advice. But I also know that advice from your spouse can be quite wearying so I don't try to give too much.
KING: John King, CNN, Savannah, Georgia.
(END VIDEOTAPE)
COOPER: Doesn't try to give too much. All right. Back to one of our top stories. Martha Stewart's trial and the Faneuil factor. After some revealing testimony yesterday, the prosecution's star witness Douglas Faneuil came under fierce grueling today from the defense. What happened under all the cross examination and what could it mean for the homemaking diva? Court TV anchor Lisa Bloom joins us and "Celebrity Justice" correspondent Carolina Buia, she joins me now as well. Lisa, how damaging, it's his third day of testimony, how damaging has Doug Faneuil been to Bacanovich and to Martha Stewart?
LISA BLOOM, ANCHOR, COURT TV: I think very damaging. Without more, the prosecution could rest right now. Of course, they have more evidence to put on. This is the invisible thread linking Martha Stewart and the insider trading. She's not charged with it criminally. Nevertheless, that is underlying the prosecution's case. Did she cover up for insider trading. He said she did it with phone calls with him. It was all verbally done. But I think it is good stuff for the prosecution.
COOPER: Carolina, the defense today introduced some e-mails from Douglas Faneuil to some unnamed friend of his. We'll put one on the screen. Make it of what you will. It says, "P.S., Martha yelled at me again today but I snapped in her face and she actually backed down. Baby put Ms. Martha in her place." I'm not sure if "baby" is a reference to dirty dancing or not. Why are they doing this?
CAROLINA BUIA, CORRESPONDENT, "CELEBRITY JUSTICE": Well, watching him read (UNINTELLIGIBLE). You almost feel sorry for him. It's almost like a kid who has to fess up to doing something wrong in front of the principal's office. They are trying to undermine his credibility, they tried to make him out to be a liar, a druggie and now an online bard with a sharp tongue.
COOPER: Suddenly it made me think, God, what kind of e-mails have I written over the years. BLOOM: If you think of all the things that people who worked for Martha Stewart have had to say about her which have been harshly negative, making a little comment like that is pretty tame in the scheme of things. Many of us at work send a little e-mail when we're having a bad day to our friends that says things a lot worse than that. If that's the worst they got on this guy, I don't think it's so bad.
COOPER: Carolina, you mention them basically trying to destroy this guy. It's interesting how much today all this does become personal. Even on the New York tabloids, the "New York Post." They published this front-page photo of him. I don't where they dredged this thing up from of this guy Doug Faneuil as a model at some point.
BUIA: Yes, they're photos from 1999.
COOPER: There it is.
BUIA: The defense tactic may back actually backfire. The judge was annoyed because the defense kept asking the same questions over and over. And the judge, at one point, said, you know what, he's answered three times already. Please let's move on. And she said that numerous times.
COOPER: He's been a surprise on the stand, though. A lot of people didn't expect he'd be able to hold up. This is three days, Monday will be the fourth day.
BLOOM: This is a guy that stays in New York during the Christmas holidays and works while the wealthier CEO-type people go south. He's the one staying in the office executing the orders. I think people can relate to him. He's a working guy. He's closer to people on the jury than Martha Stewart and Peter Bacanovic.
COOPER: All right. Lisa Bloom, Carolina Buia, thank you very much.
There's more than a legal challenge in the Martha Stewart case. Sketch artists are being put to the test. Here they are. This mother-daughter team knows what I'm talking about. They are in the courtroom trying to sketch Martha Stewart. Right now, they're busy putting their artistic touch on 360. They'll show us what they've drawn.
Also tonight, it wasn't just media overkill after Janet Jackson flashed the world. Everyone else seems to have gone overboard as well. We'll check tonight's "Overkill."
Also, tonight, what did Topher Grace say about the future of "That '70s Show?" Anybody care? Well, we'll tell you in "The Current."
(COMMERCIAL BREAK)
COOPER: Time to check on some pop news in tonight's "Current." Let's take a look. Topher Grace says he and Ashton Kutcher will leave "That '70s Show" after one more season saying, and I quote, "we would love to leave with people wanting more." So close. So close to getting that.
A Tennessee woman apparently living an otherwise charmed life is suing Janet Jackson, Justin Timberlake, MTV, CBS, and well, me, for all I know, for Jackson's bare breast claiming it caused, quote, "serious injury." How suit does not specify the injuries but my money says whiplash and eye strain.
Organizers of the James Brown music festival are having second thoughts about the name. They had decided to honor James Brown back when he was still considered squeaky clean and dinosaurs roamed the earth.
Evangelical churches are gearing up for the opening of Mel Gibson's movie, "The Passion of the Christ" selling tickets and reserving entire theaters despite the negative portrayal of Jews and relentlessly brutal violence, many right-wing Christians are expected to show up if they can squeeze it in between lobbying against Hollywood immorality.
Well, every Thursday we do a segment called "Overkill" focusing on a story that got, well, excessive attention. Choosing that story this week, it was pretty easy.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: I thought it was outrageous.
COOPER (voice-over) And by it, he meant this.
UNIDENTIFIED MALE: I knew immediately this would cause outrage.
COOPER: Such outrage that FCC chief Michael Powell launched an investigation. Now, fearing fines from Congress and the FCC, both under pressure from influential conservative groups, TV affiliates are pressing for real change. So the nipple effect has hit the big three networks. CBS slapped a delay on the Grammys. ABC on the Oscars. And NBC dropped an 80-year-old breast from tonight's "ER" despite having showing breastage (ph) previously.
Plus, MTV which produced the half-time show was kicked out of a Laguna Beach school where they were taping a show. Scratch $40,000 in scholarships for that district. And maybe most tragically J.C. Chasez, Justin Timberlake's former 'N Sync-er got bounced from the pro bowl's halftime show because of suggestive choreography. His replacement? Hula dancers. Welcome to the post-Janet Jackson's right breast world where music no longer hath charms to soothe the savage breast.
(END VIDEOTAPE)
COOPER: All right. Well, image control. Coming up, these sketch artists capture Martha Stewart's look inside the courtroom. We put them to the test here on 360. Tonight, they show us their work of me. Talk about drawing Martha Stewart. That is just ahead. We'll be right back.
(COMMERCIAL BREAK)
COOPER: Well, earlier we told you that Martha Stewart is a difficult subject for courtroom artists to draw. But how would they do with a TV news personality like myself?
Time to check in with our visiting courtroom sketch artist Andrea and Shirley Shepard a mother-daughter team. Thanks for being with us.
Andrea, let me start off with you.
How is drawing Martha Stewart?
You are in the courtroom drawing her. How is it -- is it difficult?
ANDREA SHEPARD, SKETCH ARTIST: It's difficult, because we have a hard time seeing her. And when we see a profile, most of the time, her hair is in her face. So we're lucky if we get a nose on her.
COOPER: Now Shirley, I understand that Martha Stewart looked at one of sketches and asked you something.
What did she say?
SHIRLEY SHEPARD, COURTROOM SKETCH ARTIST: In the beginning she was curious. And looked at the sketch, but she was looking at it upside down. And it was a six-minute sketch in a 17-minute hearing where we had to draw the judge as well. And she said, make her prettier.
COOPER: She said she wanted you to make her prettier?
S. SHEPARD: Prettier, because, I had added the little mole she has on her face and the worried look. So she said, make me prettier. So, I said, Martha, six minutes.
COOPER: That's the best can you do. Is it harder drawing attractive people? I read that somewhere.
A. SHEPARD: Martha is attractive, she's not classicly pretty in perfectly symmetrical face. She does have a bump in her nose, she has mole, she has jowls. She's always using her hands. She tries to look good, but her hair (UNINTELLIGIBLE).
COOPER: Man, you're tough. You notice all these little things. That people try to hold up their jowl.
A. SHEPARD: You have to draw them and try not to draw them. Because we don't try to draw the ugly in a person.
S. SHEPARD: We even saw Liza when she went to the divorce hearing. And she too, the first thing she said, make me look prettier. I said, are you kidding you're gorgeous.
COOPER: That was sweet. What's the most fascinating trial you have been in?
A. SHEPARD: The terror trials which are frightening when you get to hear the testimony. But celebrities are fun, because we have people in the audience and we are little awestruck.
S. SHEPARD: We did the Tupac drawing years ago. And the just produced a movie using our drawings. And they also printed a book with our drawing and printed a book. Tupac signed our work. And we love to get the celebrities to sign. Unfortunately, Martha refused to sign.
COOPER: You've been drawing me the last 30 minutes or so. What have you got?
A. SHEPARD: First of all, we work together. We work complementing. So if I'm doing -- she's doing a wide shot. I'm going to be doing a (UNINTELLIGIBLE). I am going to work a profile.
COOPER: All right. So, this is both a wide shot and tight shot.
S. SHEPARD: It's always better for the TV cameras. They have a little more to work from.
(CROSSTALK)
COOPER: Let's see if that looks like me here. I'll...
S. SHEPARD: A little more white hair.
A. SHEPARD: What's interesting, these are not really portraits. What we try to do is put you into context. But you see you have a TV screens and your mic and you have your little wire in your ear that maybe people don't see.
COOPER: I look like Ben Kingsley there. I think -- or little bit -- or like -- I don't know, like Roy Cohen. It's not very flattering. That's the wide shot there. All right, you got the whole ear piece. I like that. My eyes look a little crazy -- got a little crazy eyes there.
A. SHEPARD: You're not smiling in the portrait. You're really working hard.
COOPER: I'm working hard. I got also sort of a -- I got a lobster claw. You gave me a lobster claw.
A. SHEPARD: Hands are always hard.
(CROSSTALK)
COOPER: All right. Shirley and Andrea, we appreciate you joining us. It's fascinating working.
A. SHEPARD: I would shake your hand.
(CROSSTALK) S. SHEPARD: Would you sign the drawing.
COOPER: I will sign the drawing as soon as we're done.
(CROSSTALK)
COOPER: So when the network delays work, what do you think. We're going try to find out by taking them to "The Nth Degree" coming up.
Plus tomorrow, is the beauty queen a killer and why did she have a gun in the first place?
Join us for that tomorrow.
Next week are series "Love and Sex." Well, if you're not doing it, we're maybe thinking about it. Yikes. Talk about that next week.
Frist today's "Buzz." Who is to blame about the WMD, the CIA, George Bush or other?
What do you think?
Vote now cnn.com/360. Results when we get back.
(COMMERCIAL BREAK)
(BEGIN VIDEOTAPE)
COOPER: Time now for "The Buzz." We asked you, who is to blame for claims about Iraq's WMD? Who should be held responsible for the claim?
Here's what you said, 4 percent of you said the, CIA, 92 percent of you said, George Bush, 4 percent of you said, other. Not a scientific poll just your "Buzz."
Tonight, taking delays to "The Nth Degree." CBS is putting the Grammys on a delay so the network can bleep words it doesn't like and block images it doesn't want. ABC is adding the Oscars to the list of live shows it does on a five-second delay. You might think this will shield America from errant breasts and references to same. What if the new delays have an unintended consequence?
What if celebrities now feel they can do and say whatever they want because someone else will clean it up. For instance, I know we're taping this segment. So what's to stop me...
(STATIC)
Hey, calm down. Calm down people. It was only an aardvark. In any case what happens if the 5 second delay gets used up, then the America is at the mercy of it's big celebrities once again. You think five seconds would be enough. I've got two words for you, Jackson -- Five.
I'm Anderson Cooper, thanks for watching.
Coming up next "PAULA ZAHN NOW"
(END VIDEOTAPE)
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Back>
Aired February 5, 2004 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEOTAPE)
ANDERSON COOPER, HOST (voice-over): The CIA fights back on Iraq intelligence and WMD.
In Florida, a suspect in custody. But what's happened to little Carlie Brucia?
An exclusive talk with Laura Bush: the first lady on the road and on the record defending the president.
An inside look at Guantanamo Bay, the camp, the condition, the controversy.
Martha Stewart's tough trial: new damaging testimony. And what's up with those sketches?
Saving Rebecca: doctors struggle to help the baby born with two heads.
(END VIDEOTAPE)
ANNOUNCER: Live from the CNN Broadcast Center in New York, ANDERSON COOPER 360.
COOPER: And welcome to 360.
Up first tonight, news of a major development on the Democrats' campaign trail. CNN has learned former candidate Richard Gephardt -- well, actually, this is a story about George Tenet. He spoke out today defending the CIA. We're going to have that story. It's our top story coming up in a moment.
But first, we're going to go to national correspondent Kelly Wallace to talk about the endorsement by Richard Gephardt of John Kerry.
Kelly, how significant is it?
KELLY WALLACE, CNN NATIONAL CORRESPONDENT: Anderson, it is very significant, because John Kerry and many of the other Democratic presidential candidates have been actively courting Dick Gephardt for his endorsement ever since the Missouri congressman stepped out of the race. The significance here, Dick Gephardt is one of the leaders in the Democratic Party, and someone with strong ties to organized labor. This can help John Kerry in states like Michigan and Wisconsin, even in Virginia and Tennessee. We are told that Gephardt and John Kerry have been talking frequently. But to give you a sense of how quickly this happened, we were on the plane with Senator Kerry and Dick -- Steve Elmendorf, Dick Gephardt's chief of staff, who is now the deputy campaign manager for the Kerry campaign. We asked him what the status was. He said it was still being worked on. Clearly in the air -- when the senator was in the air his office in Washington got the word that the congressman would endorse him and it would come tomorrow -- Anderson.
COOPER: All right. Kelly, thanks for the update.
In Washington today, the director of the CIA fires back at critics of prewar intelligence on Iraq. In a speech at Georgetown University, George Tenet tells the crowd, "We will always call it as we see it."
More on the intelligence defense from CNN national security correspondent, David Ensor.
(BEGIN VIDEOTAPE)
DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): George Tenet offered a combative defense of the intelligence from the analysts before the Iraq war.
GEORGE TENET, CIA DIRECTOR: They never said there was an imminent threat. Rather, they painted an objective assessment for our policymakers of a brutal dictator who is continuing his efforts to deceive and build programs that might constantly surprise us and threaten our interests.
ENSOR: On specifics, though, there were some admissions from the director of Central Intelligence that the estimates have not always been proved right on Iraq's nuclear program.
TENET: We may have overestimated the progress Saddam was making.
ENSOR: And on chemical weapons.
TENET: We have not yet found the weapons we expected.
DAVID KAY, FMR. U.S. WEAPONS INSPECTOR: To me, it's clear Iraq had no large stockpiles of biological and chemical weapons at the time of the war.
ENSOR: David Kay, the former weapons inspector, made that assertion again after Tenet's speech. Tenet strongly rejected the general charge that the CIA has been weak on human intelligence. He said a CIA spy led the U.S. to al Qaeda mastermind Khalid Shaikh Mohammed, that penetration of Libya's WMD supply network and the CIA telling Tripoli that the game was up contributed to Gadhafi's decision to give up the weapons, and the spikes inside Dr. A.Q. Khan's black market nuclear network in Pakistan led to its exposure.
TENET: So when you hear pundits say that we have no human intelligence capability, they don't know what they're talking about. (END VIDEOTAPE)
COOPER: David Ensor joins us now.
David, have we learned anymore about the presidential commission that's being formed to investigate the prewar intelligence?
ENSOR: Well, we're told by the White House that they hope to announce all the members tomorrow. We do know that Senator John McCain has accepted a position on the nine-member commission. David Kay says he has not been asked. Not clear whether he will be or not.
COOPER: Interesting. All right. David Ensor, thanks very much.
President Bush today also fired back, aiming his verbal fire at critics of his decision to go to war in Iraq. In a speech today in Charleston, South Carolina, he gave an impassioned defense of his decision to topple the regime of Saddam Hussein.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: As the chief weapons inspector said, we have not yet found the stockpile of weapons that we thought were there. Knowing what I knew then and knowing what I know today, America did the right thing in Iraq.
(END VIDEO CLIP)
COOPER: President Bush went on to say that because the U.S. acted, Iraq's nightmare is over.
In Iraq, an assassination attempt against a religious figure with major political consequences. Officials say gunmen opened fire on this man, Iraq's most powerful Shiite cleric, Grand Ayatollah Ali Al- Sistani. He was leaving his house on the way to his office in Najaf when attacked. Some of his bodyguards were wounded, but word is Sistani is not hurt, and he is now in a secure location.
The assassination attempt is likely to anger -- an attempt to anger Iraq's long-oppressed Shiite community, which is seeking greater influence in a post-Saddam Hussein Iraq. Meanwhile, Pentagon sources tell CNN they have not received any report of the incident.
Well, tonight in Sarasota, Florida, the search is intensifying for missing 11-year-old Carlie Brucia. A suspect is in custody, but Carlie's whereabouts are still unknown. The sheriff today asked for the public's help, asked people to look, in particular, for a pink backpack that belongs to Carlie.
CNN's national correspondent, Susan Candiotti, has the latest.
(BEGIN VIDEOTAPE)
SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): At Carlie Brucia's home, friends try to soften the mother's agonizing wait. Yet as CNN first reported Wednesday, Suspect Joseph Smith is not cooperating.
UNIDENTIFIED MALE: He's not talking at all?
UNIDENTIFIED MALE: He's not talking at all. He may be talking to counsel. And we're hoping that counsel will come to us. But until then, we can't talk to him. That's not good for the system.
CANDIOTTI: Smith's public defenders are talking with their client at the jail but won't comment further. Meantime, investigators are focusing on the station wagon they say was used to abduct the 11- year-old Sunday night. They won't reveal what evidence they have, pleading for help from anyone who saw it.
UNIDENTIFIED MALE: We are looking for leads on the whereabouts of this vehicle right now. If we can secure an area, then of course we'll start any searches that we need to.
CANDIOTTI: Authorities also looking for the girl's pink backpack she was carrying when she was abducted.
SUSAN SCHORPEN, CARLIE'S MOTHER: I need your help. Please help me bring my baby home. Carlie Brucia is a beautiful, intelligent girl, and she's got to come home.
CANDIOTTI: At a friend's home, where Smith had been living when he was arrested Tuesday, an unidentified woman told CNN she tipped off police he was there. An arrest form said Smith did possess a yellow powdery substance which tested positive for cocaine. A probation violation that allow police to keep him behind bars for now while they look for Carlie.
Smith has a history of mostly drug arrests, and a little more than a year in prison. In 1997, he was acquitted on a kidnapping charge. At the time he was arrested, a police report states he was wearing a light blue shirt with a name or emblem on it. Investigators say he was wearing a similar shirt in Sunday night's abduction video.
(END VIDEOTAPE)
CANDIOTTI: In tracing Smith's past, this additional point of interest. On two occasions last October and December, his probation officers reported to the court two apparent violations, including failing a drug test. Violations that could have put him back in jail for as many as five years. But in both cases, according to state records, no action was taken -- Anderson.
COOPER: All right. Susan Candiotti, in Sarasota. Thanks, Susan.
A quick news note on the ongoing search for another missing young woman. Dru Sjodin has been missing since last November 22, when she disappeared from the parking lot of the Grand Forks, North Dakota shopping mall where she worked. Nine days after her disappearance, convicted rapist Alfonso Rodriguez Jr. was arrested and charged with kidnapping the 22-year-old. Her blood was found inside Rodriguez' car. Rodriguez has not admitted to the crime. The hunt for Dru Sjodin continues to this day in northwestern Minnesota, where searchers drilled holes through about three feet of ice on the Red Lake River.
Well, in the Martha Stewart trial, the defense is trying to rattle the prosecution's star witness. They don't call it cross- examination for nothing.
Here is Allan Chernoff..
(BEGIN VIDEOTAPE)
ALLAN CHERNOFF, CNN BUSINESS CORRESPONDENT (voice-over): Animosity between Martha Stewart and the prosecution's star witness, Douglas Faneuil, came to light during cross-examination of the former assistant to Stewart's stockbroker. In an e-mail from October, 2001, Faneuil wrote, "I have never been treated more rudely by a stranger on the telephone. She actually hung up on me."
Another Faneuil e-mail: "She yelled at me again today. But I snapped in her face and she actually backed down." "Baby put Ms. Martha in her place," Faneuil wrote, referring to himself. Faneuil also said Stewart had threatened to close her Merrill Lynch account unless the telephone hold music was changed.
The revelations highlighted a full day of cross-examination by David Apfel (ph), attorney for Peter Bacanovic, Stewart's stockbroker and co-defendant in the obstruction of justice trial. In great detail, Apfel (ph) reviewed Faneuil's misdemeanor plea bargain for having lied to government investigators in support of Bacanovic's and Stewart's explanation of her ImClone stock sale.
Repeatedly, Apfel (ph) accused Faneuil of other lies. But Faneuil only once conceded, "My recollection has changed a bit," referring to the timing of two phone calls.
Apfel (ph) did score two key points. Faneuil admitted he was not familiar with Stewart and Bacanovic's tax planning, nor was he in the office on December 20, 2001, the day Bacanovic printed this list of Stewart's holdings on which he claims to have written a note to sell ImClone, as he and Stewart were discussing losing stocks for tax purposes.
(END VIDEOTAPE)
CHERNOFF: Judge Miriam Cederbaum appeared annoyed at the lengthy cross-examination repeatedly. She told attorney, David Apfel (ph), to stop repeating himself and move on. On Monday, Martha Stewart's attorney is scheduled to cross-examine Faneuil. Mr. Morvillo has promised to take no more than two hours -- Anderson.
COOPER: All right. That will be his fourth day on the witness stand. We'll be watching.
Allan Chernoff, thanks very much. We're going to have more analysis of this trial, talk to someone who was in the courtroom today a little bit later in the program.
Also, keeping an eye on a number of other stories for you now "Cross Country." Let's take a look.
Washington: all clear. There you see it. Reopening day today for the first of three Senate office buildings closed by the discovery of that deadly toxin, ricin.
Two of the three will be open tomorrow. But the Dirksen Building, where the ricin was actually found on Monday, that's going to remain closed through the weekend. Investigators still do not know how the toxin got there in the first place.
Atlanta, Georgia: you could say Kathy Cox's point of view has evolved. Get it? Cox, who is Georgia's school superintendent is now reversing her earlier position. She is scrapping plans to remove the word "evolution" from the state's high school science curriculum.
Van Nuys, California: attorney-client divorce. Actor Robert Blake and his attorney have split up. The judge dismissed the attorney today, citing irreconcilable differences. Blake is due back in fourth with his new and, by the way, fourth lawyer on February 23. Blake, of course, is accused in the shooting death of his wife.
Columbus, Ohio: youth movement. Younger players may soon be eligible for the NFL draft. Thanks to a federal judge's ruling today in New York, suspended Ohio State running back Maurice Claret (ph) had sued the NFL to challenge its rule that a player must be out of high school three years to be eligible.
The judge ruled that barring younger players violates antitrust laws. Claret (ph) was suspended by the Buckeyes last season for accepting improper benefits and then lying about it to investigators.
And that's a look at some of the stories "Cross Country" for you tonight.
Born with two heads. A remarkable story. Doctors right now preparing for a marathon surgery to save this little girl's life. Dr. Sanjay Gupta has the incredible story coming up.
Also, inside Gitmo. Its been a lightning rod for criticism around the world. We'll take a closer look at the detainee dilemma and show you new pictures of what goes on inside.
And one on one with Laura Bush. An exclusive interview with the first lady. Find out what she has to say about the campaign for the White House.
First, let's take a look "Inside the Box" at the top stories on tonight's network evening newscasts.
(COMMERCIAL BREAK) COOPER: Well, a group of surgeons, nurses and doctors are preparing to make surgical history tomorrow. They will perform surgery on a Dominican infant born with a second head. It is an operation that's never been done before on a birth defect that is almost as rare.
Dr. Sanjay Gupta has the story. And a warning, some of you might find some of these images disturbing.
(BEGIN VIDEOTAPE)
SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice-over): Doctors told Dominican parents, Franklyn and Maria, that their baby would likely be born with a tumor on the top of her head. But nothing could prepare them for the first time they saw Rebeca. She was, in fact, born with two heads.
The little girl was otherwise normal. And the second head has only reflex activities.
UNIDENTIFIED MALE: The eyes are blinking sometimes. And some part of the face you can see movement in the face.
GUPTA: Doctors were stunned.
UNIDENTIFIED MALE: We got excited. We got confused of what to do. What are we going to help? How are we going to help?
GUPTA: In fact, there was only once before in history in 1780 when the famous boy of Bengal lived to the age of four with two heads. He eventually died of a cobra bite. No other baby has survived to birth.
When twins are connected at the top of the head and one stops growing, you develop this situation, known as cranial pegus parasiticus (ph), or twin parasite. Rebeca's doctors are convinced she will not survive without having her parasitic twin removed.
UNIDENTIFIED MALE: If we do not perform the surgery on Rebeca, the main brain of Rebecca, the baby, is not going to develop.
GUPTA: Now six weeks old, Rebeca will undergo a marathon operation, the first ever performed.
UNIDENTIFIED MALE: We're going to cut all the major blood vessels, plus separate both brains.
GUPTA: Dr. Jorge Lasareff, who recently separated the conjoined Guatemalan twins, will be part of the operating team and is convinced this operation will be easier. In this case, you have only one life to save instead of two.
Dr. Sanjay Gupta, CNN, New York.
(END VIDEOTAPE) COOPER: It is just a remarkable story. The surgery is going to be tomorrow. It may take as long as 13 hours. We'll bring you updates tomorrow as soon as we hear them.
Turning now to Janet Jackson's Super Bowl stunt and the nanosecond of, well, breast exposure. To paraphrase Winston Churchill, never in the history of television have so many made so much of so little. A flurry of changes in television are in the works beginning tonight.
Jen Rogers has the story.
(BEGIN VIDEOTAPE)
JEN ROGERS, CNN CORRESPONDENT (voice-over): It was a quick shot. But fallout showed from this super stunt shows no signs of slowing. Already, NBC's "ER" is cutting a shot of a woman's breast in Thursday's episode. ESPN is reworking its Pro Bowl half-time show, and numerous networks are adding decency delays, raising concerns over what exactly will be (UNINTELLIGIBLE).
UNIDENTIFIED MALE: You can bet the trigger fingers are going to be very, very careful on those things. They're going to be pushing the button for anything now.
ROGERS: For the first time ever, even the Oscars will have a delay. ABC is putting a five-second lag on the show later this month. CBS will be using an unprecedented five-minute audio and video delay for the Grammys broadcast this Sunday. Janet Jackson is no longer expected at the awards show, much to the disappointment of her supporters, some of whom are threatening to take action.
UNIDENTIFIED MALE: Either Janet Jackson is going to be allowed to participate and have a meaningful role at the Grammys Awards, or the supporters and Jackson fans will be outside demonstrating.
ROGERS: CBS wouldn't comment on the status of Jackson's participation. Justin Timberlake, however is still slated to perform. He says he's frustrated by last Sunday's events.
JUSTIN TIMBERLAKE, SINGER: I was completely shock and appalled. And all I could say was, oh, my god. Oh, my god. I mean, I was completely embarrassed.
ROGERS: Don't expect another wardrobe malfunction involving Timberlake at the Grammys. He says he's rehearsing everything this time.
Jen Rogers, CNN Financial News.
(END VIDEOTAPE)
ROGERS: The latest development in this firestorm, a proposed class action lawsuit. Now, this was filed in Tennessee. I actually talked to the law firm that filed it. They say they have been inundated with phone calls, quite busy today with people trying to figure out how they might be able to join this proposed lawsuit -- class action lawsuit.
CBS, one of the named defendants, Anderson, had no comment.
COOPER: All right. Jen Rogers, thanks very much.
We're tracking a number of developing stories around the globe right now. Let's check the "UpLink."
Hamburg, Germany: freedom for a man tied to terrorists -- this guy. He was acquitted of more than 3,000 murder-related counts for his alleged role in 9/11. The Moroccan native was accused of helping the hijackers while they lived in Hamburg. But get this. The court says it doubts he is innocent, but they said there simply wasn't enough evidence to prove his involvement in the attacks.
Beijing, China: festival tragedy. Thirty-seven people celebrating the lunar new year, well, they were killed today after being crushed or trampled to death in a stampede. The victims were part of a large crowd on a bridge. Apparently someone slipped, fell, triggering a domino effect of bodies falling on top of each other.
Islamabad, Pakistan: off the hook. President Pervez Musharraf grants a full pardon to the scientist who passed nuclear secrets to other countries. Mr. Musharraf says there will be no further investigation. And he's not going to turn over any pertinent information to U.N. inspectors.
Havana, Cuba: sour note. Five Cuban musicians nominated for Grammy Awards, they will not be allowed to enter the U.S. for Sunday's ceremony. The White House refuses to grant them travel visas, citing a rule aimed at protecting Americans from people who are "detrimental to interests of the United States."
That's a look at stories in the "UpLink" tonight.
The heat is on the campaign trail. Dean lays his final stake in Wisconsin. Clark gets aggressive. And Kerry gets a new endorsement. Find out who is doing what to come out on top.
Also tonight, a CNN exclusive: the first lady one on one. Laura Bush speaks out about the race for the White House.
And a little bit later on, the Martha Stewart trial. The star witness faces cross-examination. Will his testimony end up putting her behind bars? We'll take a closer look.
And today's "Buzz" question is this: Who should be held responsible for Iraq's claims about WMD? What do you think, the CIA, President Bush, or other? Vote now, cnn.com/360. We'll have the results at the end of the show
(COMMERCIAL BREAK)
COOPER: Well, we are getting late word tonight that congressman and former presidential candidate, Richard Gephart, is about to throw his support to John Kerry. A formal endorsement is expected tomorrow at a rally in Michigan. Ideal timing for Kerry, considering Gephardt's ties to big labor in a state where big labor is a big deal.
Let's talk about this with CNN political analyst Carlos Watson and Democratic strategist Julian Epstein. Both of them joining me from Washington.
Carlos, let's start with you. How significant is this endorsement for Kerry?
CARLOS WATSON, CNN POLITICAL ANALYST: It's tremendous. You will recall just a week ago Howard Dean was saying that where he needed to win and could win was in Michigan, along with the state of Washington, both of which have contests this weekend. He now has moved it to Wisconsin.
And you can see the Kerry people significantly bearing down in each of these places. So they will likely take away big wins in Washington and in Michigan. And, by the way, Anderson, look for a significant announcement this Monday in the state of Virginia, possibly from the governor of Virginia, on behalf of John Kerry as well, closing up any opportunity for any of the others to break through.
COOPER: Julian, Carlos mentioned Wisconsin and Howard Dean. Howard Dean basically announced that if he doesn't win Wisconsin, he's out of the race. This is, of course the primary on the 17th.
I want to show you just the latest poll we got from the University of Wisconsin. It shows Kerry has 35 percent, Clark 11, Edwards nine, Dean eight percent. I mean, the guy is trailing badly. Was it a mistake to lay it all on the line in Wisconsin?
JULIAN EPSTEIN, DEMOCRATIC STRATEGIST: He didn't have much option. This was the last stand in cheese land move on the part of Governor Dean. The interesting thing that's going on right now is John Kerry is up by about two touchdowns and a field goal, even though only about a tenth of the delegates have been selected. And so each of these candidates now, Edwards, Clark and Dean, all have to say that one state is the marker for them, if they can do well there.
But the very interesting thing that's going on with Kerry is that he's winning in constituencies you wouldn't expect him to be. In Michigan, for example, which Carlos just mentioned, John Kerry voted for fuel efficiency standards, which was unpopular, voted for trade agreements, which was unpopular. But he's up 44 points.
In Washington, where the anti-war sentiment is probably the hottest, Kerry is up there as well. In Virginia, John Edwards' neighboring state, John Kerry may win there as well.
So the amazing thing about Kerry at this point is he's almost showing a Clintonesque likeability to win constituencies you would expect him not to win. And that's why people in the White House are saying this guy almost has a Teflon-like quality.
COOPER: All right. Carlos, I want to talk about Edwards and Clark with you. Clark getting a little bit more aggressive. Is that something Edwards is going to do? Or is he going to sort of stay -- try and stay relentlessly upbeat, as he has been all along?
WATSON: I think for Edwards, the choice is, do you want to be vice president or president? If you want to be president, you have to get a little bit negative, you've got to be a little bit tougher. Because you don't have much time.
Tuesday is going to be here before we know it. And certainly, if Kerry wins in the two southern states, the last possible argument against his broad electability theory is gone. Meaning that he could win absolutely everywhere. And he will have won two of three southern states.
But in addition to Clark and Edwards, also look for the White House to get a lot tougher on him, bringing out some of his voting records on military intelligence funding, on the environment. And also on gay rights.
COOPER: Julian Epstein, last thought here. Is there anything really that can derail John Kerry at this point?
EPSTEIN: Probably very little, but there is a debate about how soon these candidates should get out of the race. The conventional thought right now from Democratic insiders is that the more quickly they get out, the better.
I take a different view. I think that the longer the campaign goes on, the better. Because John Kerry is getting better with every passing week of his campaigning. And it continues to give the Democrats a stage to beat up on Bush. So I think the longer this goes on, in an ironic way is actually better for the Democrats and better for John Kerry.
WATSON: One small point on that. It will save John Kerry a ton of money if he's able to win this before March 2. Because spending money on ads in California and New York takes away money that he could spend on a general election campaign.
EPSTEIN: It's not clear how much he has to spend. The big lesson of this primary is that the free media, the stuff that you do, Anderson, the reporting of who has the momentum, trumps money and trumps organization. John Kerry is getting his big bump from free media. It's an incredible lesson in this campaign.
COOPER: All right. Julian Epstein, Carlos Watson, thanks. It was interesting. A lot ahead, though, to watch.
As you may have noticed, no cameras are allowed in the courtroom for the Martha Stewart trial. Getting an inside glimpse has not been easy. The media have had to rely on sketches to show you what's going on inside.
An article in "The Wall Street Journal" caught our attention this week. It turns out Stewart has sketch artists scratching their heads. Look at these.
Her attractiveness and lack of easily identifiable facial features actually makes her difficult to draw. As you can see, Martha on paper looks a lot different than Martha in person.
Take this one, which appeared in "The Washington Post." She may look familiar, but not because of a Stewart resemblance. We think actually in this one she looks a little bit more like one of my colleagues. Who do you think?
What do you think, a little Paula Zahn in there? I think so. I think it could be.
Anyway, the artist behind this and other Stewart sketches, they are with us today. Their names are Andrea and Shirley Sheppard (ph). They say they can make a sketch quickly.
Thank you very much for being with us. We appreciate it.
We're going to talk to them in just a little bit about what it's like being inside the Martha Stewart trial. They've already started trying to sketch me. We're going to do this throughout the show. And we'll take a look at the results, and we'll talk about Martha Stewart's trial a little bit later on in the program.
We'll check back with you in a little bit.
(BEGIN VIDEOTAPE)
COOPER (voice-over): An inside look at Guantanamo Bay, the camp, the conditions and the controversy. An exclusive talk with Laura Bush on the road and on the record.
And Martha Stewart's tough trial. What's up with those sketches? 360 continues.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
COOPER: In the next half hour on 360, inside GTMO. It's the center of a worldwide controversy over the law of politics and human rights. We'll take a closer look at the man who just returned from the island prison.
Also Laura Bush on the campaign trail. An exclusive interview with the first lady.
And this week's overkill. Not Janet, but the network nipple effect that's rippling across the air waves.
First Let's check our top stories in tonight's "Reset."
CNN learns that Senator John McCain of Arizona will serve on the nine-member presidential commission investigating U.S. intelligence gathering. An administration official says President Bush plans to name all members of the panel tomorrow. Part of the commission's investigation will focus on the pre-war assessments of Iraq's weapons of mass destruction. The Pentagon is apparently scrapping its Internet voting system for U.S. citizens overseas. An official says there are concerns about its security. Last month computer security experts criticized the system saying it was too vulnerable to hackers.
In Haiti, government opponents have torched the Northwestern cities police station and freed inmates. Haitian radio reports at least four people were killed. The mayor's home was also set on fire. There's been ongoing violence in the Caribbean country linked to calls for President Aristide's resignation.
In New York, a stunt on David Letterman's talk show goes wrong, very wrong. Today a snowboarder veered off a U-shaped ramp outside the shows theater and fell 25 feet to the ground. It was her third try at the stunt after two successful jumps. She's hospitalized in stable condition.
That's a quick look at tonight's "Reset."
Now, inside GTMO, it's a case of defending the alleged enemy in a system some don't see as fair. Military attorneys assigned to defend detainees at Guantanamo Bay. So far, of the hundreds of people detained at the naval base in Cuba, only two have been given attorneys.
The attorneys will represent their clients through tribunals, a process in which where there's no appeals in federal courts. One of the assigned lawyer doesn't think it is a good idea.
(BEGIN VIDEO CLIP)
MAJOR MICHAEL MORI, U.S. MARINE CORPS: Using the commission process just creates an unfair system that threatens to convict the innocent and provides the guilty a justifiable excuse to challenge their convictions.
(END VIDEO CLIP)
COOPER: CNN legal analyst, Jeffrey Toobin, just got back from Guantanamo Bay. He writes about his experience in the "New Yorker" magazine. He joins us now. Jeff, good to see you.
The Pentagon just released new video today that we got, we'll show the audience about the conditions inside GTMO. What surprised you -- I mean, because when a lot of people think about it, they think about Camp X-Ray, people walking around with bags over their heads.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Right Camp X-Ray is long gone. Camp Delta is where people are now. It really feels like an American maximum security prison. The cells are open to the air, but frankly, in a Caribbean environment you are better off that way, than enclosed.
It is closed off from the rain. The cells are very small, eight by seven, but there's only one person in a cell. For better or worse, if you've ever spent any time in an American maximum security prison, these people really are in no worse shape than our prisoners.
COOPER: All right. Let's talk about what it's like defending these people. Because in "The New Yorker" is that you talk to the lawyer who are going to defend them.
TOOBIN: It really is amazing when you think about it. Someone like Will Gunn who is in charge of the defense lawyers...
COOPER: The lead attorney?
TOOBIN: The lead attorney. Air Force Academy graduate, Harvard Law School graduate, African-American from Ft. Lauderdale, just an intensely admirable man. His reaction when he was first asked to do this job is, somebody is trying torpedo my career. Because imagine, your colleagues are out there fighting al Qaeda. And you are defending al Qaeda.
COOPER: And his office is in the Pentagon. It's sort of this odd...
TOOBIN: That's one of the complaints about the system, that it is sort of a closed loop. Everyone involved is somehow answerable to the military. But I honestly -- one of the things that's impressive about talking to these military lawyers, like Michael Maury (ph) we just heard, is that they're not afraid to take on the Pentagon. They have filed briefs in the Supreme Court opposing the Pentagon. I don't know if they'll win, but -- they certainly seem to be fighting with enthusiasm.
COOPER: They all seem to believe very much in the idea of a free trial and a good defense for these people. But let's talk about how they are defending these people. The U.S. says, look, the people at GTMO that they have rights that they are presumed innocent until proven guilty. You need to have proof beyond a reasonable doubt, access to free attorneys. But there are two main things which makes defending these guys different. What are they?
TOOBIN: Well, the lack of an appeal into the federal courts. The fact is, they do not have any right at the end of the day. The appeal goes to a group of people appointed by the Pentagon. The federal courts will have nothing to do with it.
The other thing that bothers these lawyers the most is the government has asserted the right to monitor attorney-client conversations, they say, for intelligence gathering purposes, not for prosecution purposes, but that's something that really rubs these lawyers the wrong way. But you know, the answer will be, too bad, that's how the system is set up.
COOPER: The case will go to the Supreme Court in the coming months. It will hinge on sovereignty. Why sovereignty?
TOOBIN: It's a very peculiar little corner of international law. Basically, the government's argument, the U.S. government's argument is because, technically, Cuba has sovereignty over Guantanamo, these prisoners are on foreign soil so they have no rights to go to federal courts.
The plaintiffs argue the lawyers for the inmates argue, look, this is about as American as you can get. It is the most secure place on Earth. And it's funny going there, you feel so much like you're not in Cuba.
COOPER: It's like Mayberry.
TOOBIN: It's a riot. You are in Cuba, and I spent four days there and didn't hear Spanish. I mean, you are really in what seems like an American town. But the government tends to do well in the Supreme Court when national security matters are at stake. So, I wouldn't bet much on Guantanamo inmates winning that case.
COOPER: All right. It's an interesting article. It's in "The New Yorker." Jeffrey Toobin, thanks.
Well, a quick news note about Guantanamo Bay. The Pentagon says about 650 detainees from 44 different countries are still being held at the naval base. Since January 2002, 91 detainees have been released, including three teenagers let go just last week. Last summer, President Bush selected six to be eligible for trial. Two of them have received counsel, but neither has been charged as of yet.
Now to our exclusive interview with first lady Laura Bush. Yesterday she traveled to Savanna, Georgia where she headlined an event around Heart Awareness Month. On her way home she spoke one on one with CNN's John King.
(BEGIN VIDEOTAPE)
JOHN KING, CNN CORRESPONDENT (voice-over): On the road, not long after morning coffee with the president, the time they tend to talk politics.
Does he express any firm opinion about who he would like to run against or how he sees the campaign shaping up?
LAURA BUSH, FIRST LADY OF THE UNITED STATES: Not that I would tell you.
KING: Talked to the first lady between stops in Georgia and Florida. And it's clear the president is paying much more attention to the Democrats than his top advisers let on. And clear she doesn't care much for attacks suggesting her husband went AWOL back in his National Guard days or deliberately exaggerated the case for war in Iraq.
BUSH: I take it personally. I don't think he takes it personally. No one likes to hear total things that are just totally not true about somebody they love, especially in a political race. Seems to me that they're spending most of their time saying terrible things about my husband. And no, I really don't like that.
KING: Fiercely protective of her husband and also of twin daughters, Barbara and Jenna and clearly nervous as they approach college graduation and think about a public role in this year's campaign.
BUSH: You know, I know they have a feeling of wanting to be involved because it is their father's last campaign but at the same time I worry about the pain that they might have because they didn't choose this life. You know, their dad did. Their dad and I did, actually. We want them to be able to live the life that they want to live. Not subject to, you know, mean remarks.
KING: Mrs. Bush says she relishes her role and makes a point of noting, she does things her way.
BUSH: You know, I'm his wife. I'm not his political adviser. That's the relationship that I value the most. It is the relationship that we have. Husband and wife. Sure, I give advice. But I also know that advice from your spouse can be quite wearying so I don't try to give too much.
KING: John King, CNN, Savannah, Georgia.
(END VIDEOTAPE)
COOPER: Doesn't try to give too much. All right. Back to one of our top stories. Martha Stewart's trial and the Faneuil factor. After some revealing testimony yesterday, the prosecution's star witness Douglas Faneuil came under fierce grueling today from the defense. What happened under all the cross examination and what could it mean for the homemaking diva? Court TV anchor Lisa Bloom joins us and "Celebrity Justice" correspondent Carolina Buia, she joins me now as well. Lisa, how damaging, it's his third day of testimony, how damaging has Doug Faneuil been to Bacanovich and to Martha Stewart?
LISA BLOOM, ANCHOR, COURT TV: I think very damaging. Without more, the prosecution could rest right now. Of course, they have more evidence to put on. This is the invisible thread linking Martha Stewart and the insider trading. She's not charged with it criminally. Nevertheless, that is underlying the prosecution's case. Did she cover up for insider trading. He said she did it with phone calls with him. It was all verbally done. But I think it is good stuff for the prosecution.
COOPER: Carolina, the defense today introduced some e-mails from Douglas Faneuil to some unnamed friend of his. We'll put one on the screen. Make it of what you will. It says, "P.S., Martha yelled at me again today but I snapped in her face and she actually backed down. Baby put Ms. Martha in her place." I'm not sure if "baby" is a reference to dirty dancing or not. Why are they doing this?
CAROLINA BUIA, CORRESPONDENT, "CELEBRITY JUSTICE": Well, watching him read (UNINTELLIGIBLE). You almost feel sorry for him. It's almost like a kid who has to fess up to doing something wrong in front of the principal's office. They are trying to undermine his credibility, they tried to make him out to be a liar, a druggie and now an online bard with a sharp tongue.
COOPER: Suddenly it made me think, God, what kind of e-mails have I written over the years. BLOOM: If you think of all the things that people who worked for Martha Stewart have had to say about her which have been harshly negative, making a little comment like that is pretty tame in the scheme of things. Many of us at work send a little e-mail when we're having a bad day to our friends that says things a lot worse than that. If that's the worst they got on this guy, I don't think it's so bad.
COOPER: Carolina, you mention them basically trying to destroy this guy. It's interesting how much today all this does become personal. Even on the New York tabloids, the "New York Post." They published this front-page photo of him. I don't where they dredged this thing up from of this guy Doug Faneuil as a model at some point.
BUIA: Yes, they're photos from 1999.
COOPER: There it is.
BUIA: The defense tactic may back actually backfire. The judge was annoyed because the defense kept asking the same questions over and over. And the judge, at one point, said, you know what, he's answered three times already. Please let's move on. And she said that numerous times.
COOPER: He's been a surprise on the stand, though. A lot of people didn't expect he'd be able to hold up. This is three days, Monday will be the fourth day.
BLOOM: This is a guy that stays in New York during the Christmas holidays and works while the wealthier CEO-type people go south. He's the one staying in the office executing the orders. I think people can relate to him. He's a working guy. He's closer to people on the jury than Martha Stewart and Peter Bacanovic.
COOPER: All right. Lisa Bloom, Carolina Buia, thank you very much.
There's more than a legal challenge in the Martha Stewart case. Sketch artists are being put to the test. Here they are. This mother-daughter team knows what I'm talking about. They are in the courtroom trying to sketch Martha Stewart. Right now, they're busy putting their artistic touch on 360. They'll show us what they've drawn.
Also tonight, it wasn't just media overkill after Janet Jackson flashed the world. Everyone else seems to have gone overboard as well. We'll check tonight's "Overkill."
Also, tonight, what did Topher Grace say about the future of "That '70s Show?" Anybody care? Well, we'll tell you in "The Current."
(COMMERCIAL BREAK)
COOPER: Time to check on some pop news in tonight's "Current." Let's take a look. Topher Grace says he and Ashton Kutcher will leave "That '70s Show" after one more season saying, and I quote, "we would love to leave with people wanting more." So close. So close to getting that.
A Tennessee woman apparently living an otherwise charmed life is suing Janet Jackson, Justin Timberlake, MTV, CBS, and well, me, for all I know, for Jackson's bare breast claiming it caused, quote, "serious injury." How suit does not specify the injuries but my money says whiplash and eye strain.
Organizers of the James Brown music festival are having second thoughts about the name. They had decided to honor James Brown back when he was still considered squeaky clean and dinosaurs roamed the earth.
Evangelical churches are gearing up for the opening of Mel Gibson's movie, "The Passion of the Christ" selling tickets and reserving entire theaters despite the negative portrayal of Jews and relentlessly brutal violence, many right-wing Christians are expected to show up if they can squeeze it in between lobbying against Hollywood immorality.
Well, every Thursday we do a segment called "Overkill" focusing on a story that got, well, excessive attention. Choosing that story this week, it was pretty easy.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: I thought it was outrageous.
COOPER (voice-over) And by it, he meant this.
UNIDENTIFIED MALE: I knew immediately this would cause outrage.
COOPER: Such outrage that FCC chief Michael Powell launched an investigation. Now, fearing fines from Congress and the FCC, both under pressure from influential conservative groups, TV affiliates are pressing for real change. So the nipple effect has hit the big three networks. CBS slapped a delay on the Grammys. ABC on the Oscars. And NBC dropped an 80-year-old breast from tonight's "ER" despite having showing breastage (ph) previously.
Plus, MTV which produced the half-time show was kicked out of a Laguna Beach school where they were taping a show. Scratch $40,000 in scholarships for that district. And maybe most tragically J.C. Chasez, Justin Timberlake's former 'N Sync-er got bounced from the pro bowl's halftime show because of suggestive choreography. His replacement? Hula dancers. Welcome to the post-Janet Jackson's right breast world where music no longer hath charms to soothe the savage breast.
(END VIDEOTAPE)
COOPER: All right. Well, image control. Coming up, these sketch artists capture Martha Stewart's look inside the courtroom. We put them to the test here on 360. Tonight, they show us their work of me. Talk about drawing Martha Stewart. That is just ahead. We'll be right back.
(COMMERCIAL BREAK)
COOPER: Well, earlier we told you that Martha Stewart is a difficult subject for courtroom artists to draw. But how would they do with a TV news personality like myself?
Time to check in with our visiting courtroom sketch artist Andrea and Shirley Shepard a mother-daughter team. Thanks for being with us.
Andrea, let me start off with you.
How is drawing Martha Stewart?
You are in the courtroom drawing her. How is it -- is it difficult?
ANDREA SHEPARD, SKETCH ARTIST: It's difficult, because we have a hard time seeing her. And when we see a profile, most of the time, her hair is in her face. So we're lucky if we get a nose on her.
COOPER: Now Shirley, I understand that Martha Stewart looked at one of sketches and asked you something.
What did she say?
SHIRLEY SHEPARD, COURTROOM SKETCH ARTIST: In the beginning she was curious. And looked at the sketch, but she was looking at it upside down. And it was a six-minute sketch in a 17-minute hearing where we had to draw the judge as well. And she said, make her prettier.
COOPER: She said she wanted you to make her prettier?
S. SHEPARD: Prettier, because, I had added the little mole she has on her face and the worried look. So she said, make me prettier. So, I said, Martha, six minutes.
COOPER: That's the best can you do. Is it harder drawing attractive people? I read that somewhere.
A. SHEPARD: Martha is attractive, she's not classicly pretty in perfectly symmetrical face. She does have a bump in her nose, she has mole, she has jowls. She's always using her hands. She tries to look good, but her hair (UNINTELLIGIBLE).
COOPER: Man, you're tough. You notice all these little things. That people try to hold up their jowl.
A. SHEPARD: You have to draw them and try not to draw them. Because we don't try to draw the ugly in a person.
S. SHEPARD: We even saw Liza when she went to the divorce hearing. And she too, the first thing she said, make me look prettier. I said, are you kidding you're gorgeous.
COOPER: That was sweet. What's the most fascinating trial you have been in?
A. SHEPARD: The terror trials which are frightening when you get to hear the testimony. But celebrities are fun, because we have people in the audience and we are little awestruck.
S. SHEPARD: We did the Tupac drawing years ago. And the just produced a movie using our drawings. And they also printed a book with our drawing and printed a book. Tupac signed our work. And we love to get the celebrities to sign. Unfortunately, Martha refused to sign.
COOPER: You've been drawing me the last 30 minutes or so. What have you got?
A. SHEPARD: First of all, we work together. We work complementing. So if I'm doing -- she's doing a wide shot. I'm going to be doing a (UNINTELLIGIBLE). I am going to work a profile.
COOPER: All right. So, this is both a wide shot and tight shot.
S. SHEPARD: It's always better for the TV cameras. They have a little more to work from.
(CROSSTALK)
COOPER: Let's see if that looks like me here. I'll...
S. SHEPARD: A little more white hair.
A. SHEPARD: What's interesting, these are not really portraits. What we try to do is put you into context. But you see you have a TV screens and your mic and you have your little wire in your ear that maybe people don't see.
COOPER: I look like Ben Kingsley there. I think -- or little bit -- or like -- I don't know, like Roy Cohen. It's not very flattering. That's the wide shot there. All right, you got the whole ear piece. I like that. My eyes look a little crazy -- got a little crazy eyes there.
A. SHEPARD: You're not smiling in the portrait. You're really working hard.
COOPER: I'm working hard. I got also sort of a -- I got a lobster claw. You gave me a lobster claw.
A. SHEPARD: Hands are always hard.
(CROSSTALK)
COOPER: All right. Shirley and Andrea, we appreciate you joining us. It's fascinating working.
A. SHEPARD: I would shake your hand.
(CROSSTALK) S. SHEPARD: Would you sign the drawing.
COOPER: I will sign the drawing as soon as we're done.
(CROSSTALK)
COOPER: So when the network delays work, what do you think. We're going try to find out by taking them to "The Nth Degree" coming up.
Plus tomorrow, is the beauty queen a killer and why did she have a gun in the first place?
Join us for that tomorrow.
Next week are series "Love and Sex." Well, if you're not doing it, we're maybe thinking about it. Yikes. Talk about that next week.
Frist today's "Buzz." Who is to blame about the WMD, the CIA, George Bush or other?
What do you think?
Vote now cnn.com/360. Results when we get back.
(COMMERCIAL BREAK)
(BEGIN VIDEOTAPE)
COOPER: Time now for "The Buzz." We asked you, who is to blame for claims about Iraq's WMD? Who should be held responsible for the claim?
Here's what you said, 4 percent of you said the, CIA, 92 percent of you said, George Bush, 4 percent of you said, other. Not a scientific poll just your "Buzz."
Tonight, taking delays to "The Nth Degree." CBS is putting the Grammys on a delay so the network can bleep words it doesn't like and block images it doesn't want. ABC is adding the Oscars to the list of live shows it does on a five-second delay. You might think this will shield America from errant breasts and references to same. What if the new delays have an unintended consequence?
What if celebrities now feel they can do and say whatever they want because someone else will clean it up. For instance, I know we're taping this segment. So what's to stop me...
(STATIC)
Hey, calm down. Calm down people. It was only an aardvark. In any case what happens if the 5 second delay gets used up, then the America is at the mercy of it's big celebrities once again. You think five seconds would be enough. I've got two words for you, Jackson -- Five.
I'm Anderson Cooper, thanks for watching.
Coming up next "PAULA ZAHN NOW"
(END VIDEOTAPE)
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