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Anderson Cooper 360 Degrees
Haiti Unrest: Marines Arrive; Key Witness Backs Martha Stewart's Story
Aired February 23, 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): American Marines head to Haiti. How far will the island intervention go?
Sharpton versus Nader: a new role for Reverend Al. We'll talk to him one-on-one.
Hunting bin Laden: did Clinton blow his chance to take out the terrorist?
In Martha's defense: Bill Cobs in court and a witness who backs up her story. Will it be enough to get her off?
Kim Jong Il's reality TV: the trouble is there's no way to vote this guy off the island.
And you've heard of "The Passion," but have you seen those products. What would Jesus think?
(END VIDEOTAPE)
ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.
COOPER: And good evening. Thanks for joining us on 360. A lot ahead tonight.
President Bush going on the offensive tonight in a major political attack against his critics and Democrats, who say he is sending the country down the wrong path. We're going to have a live report from the White House in just a moment for that.
But first, the Marines have landed. We're talking about Port-au- Prince, Haiti. As the situation continues to worsen, 50 U.S. Marines arrived there today -- there they go -- to help protect the American embassy.
Lucia Newman with the latest now live on the videophone from Haiti -- Lucia.
LUCIA NEWMAN, CNN CORRESPONDENT: Good evening, Anderson.
Indeed, the Marines certainly have landed by air, though, in two C-130 aircraft. After getting off the plane in full military gear, they went immediately over to the U.S. embassy to try to secure that area, to beef up security for U.S. diplomats. That is, the U.S. diplomats still left.
All non-essential U.S. personnel and Canadian diplomats, as well, have been sent home. Most of them were at the airport today, in fact, trying to leave. The rest, those that are still here, were ordered to stay in their homes until the U.S. Marines could land and secure the area around the embassy. Presumably, the embassy will open very soon, perhaps as soon as tomorrow.
The uncertainty and the chaos in this country has prompted this move. Yesterday, armed rebels, 200 of them being led by members of Haiti's disband military, attacked the country's second largest city, Cap-Haitien. They torched the police station while hundreds of locals looted both the port and warehouses in the city, including houses of the aid agency CARE. There are now reports also that rebel sympathizers are hunting down Aristide loyalists in that city. A chaotic situation, indeed.
In the meantime, the U.S. government, specifically U.S. Secretary of State Colin Powell, has contacted the opposition, the civilian opposition in this country, and given them a 24-hour extension to reconsider a multinational peace proposal that was put forward this weekend which calls for power sharing between the opposition and the government. The opposition says it needs that time to seek guarantees. Time, though, Anderson, is something that's running out here.
COOPER: And it is getting worse by the day. Lucia Newman, thanks very much, in Port-au-Prince, Haiti.
A big day for Martha Stewart. A key witness backs her story, but no decision yet from the judge on dismissing charges.
As CNN's Deborah Feyerick reports, perhaps the most electric moment in court today came from a visitor.
(BEGIN VIDEOTAPE)
DEBORAH FEYERICK, CNN CORRESPONDENT (voice-over): With the trial entering its fifth week, the number of lawyers around Martha Stewart has well exceeded the number of friends. So when buddy Bill Cosby showed up, sitting squarely behind Stewart, it caused quite a stir in the back of the court.
BILL COSBY, ACTOR: I came to support a friend.
FEYERICK: But the jury seemed focused on defense witnesses called on behalf of Stewart's broker, Peter Bacanovic. First up, a lawyer who chipped away at the credibility of the government's star witness, Doug Faneuil.
Faneuil had testified he lied to investigators about Stewart's questionable ImClone trade. The lawyer Faneuil consulted after warned the young man, he'd "be sticking his neck out" if his story to investigators had changed. When the former lawyer advised Faneuil not to rely solely on attorneys for Merrill Lynch, Faneuil, he says, started to cry.
JEREMIAH GUTMAN, FMR. LAWYER FOR DOUGLAS FANEUIL: He said, "These people are merciless, they're immoral. I have to get out of Wall Street."
FEYERICK: Then an ink expert testified about a crucial document, a worksheet showing Stewart's stock holdings. The defense expert said there were three different pens used on the worksheet, not two, as the prosecution's ink expert testified. Bacanovic's lawyers will argue that proves the broker did not alter the worksheet to cover up the ImClone trade as prosecutors alleged, but that he was working to sell several stocks at the end of December of 2001, and that pen markings near listings of Apple, Nokia and ImClone bear that out.
Winding up the day, one of Stewart's business managers who testified Bacanovic thought ImClone was a dog of a stock and set a sale price of $60 to $61 a share, a price prosecutors say was made up after to cover the trade.
(END VIDEOTAPE)
FEYERICK: It is still undecided, but sources close to the defense say that lawyers are leaning against putting either Martha Stewart or her broker on the stand -- Anderson.
COOPER: All right. Deborah Feyerick, thanks very much.
Now to the race for the White House. John Kerry and John Edwards both on the campaign trail today, both in New York. And both taking shots at President Bush, while dealing with the newest threat against them, Ralph Nader.
Kelly Wallace reports.
(BEGIN VIDEOTAPE)
KELLY WALLACE, CNN NATIONAL CORRESPONDENT (voice-over): One day after sending shock waves through the Democratic Party, Ralph Nader's message to Democrats...
RALPH NADER (I), PRESIDENTIAL CANDIDATE: ... relax, rejoice. You have another front carrying the ancient but unfulfilled pretensions and aspirations of the Democratic Party.
WALLACE: The two major Democratic candidates continued their, "we're not that worried about Nader positions" as they stumped through New York City. John Edwards telling reporters he is the candidate who appeals to the voters who backed Nader in 2000.
SEN. JOHN EDWARDS (D-NC), PRESIDENTIAL CANDIDATE: His life spent fighting consumer issues, his life spent fighting for the little guy. I've spent a great deal of my life doing the same thing.
(voice-over): It seem today we have two Americas.
WALLACE: The North Carolina senator, hoping to score some upsets next week, has ads running statewide in Ohio and Georgia, with plans for ads Tuesday in upstate new York.
NARRATOR: The decisions that he made saved our lives. He had an unfailing instinct.
WALLACE: Democratic front-runner John Kerry will begin running ads in all the same places Tuesday. During visits to Queens and Harlem, the Massachusetts senator's focus was on President Bush, as he blasted what will be Mr. Bush's first major political speech of the '04 campaign.
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: I think George Bush is on the run. And I think he's on the run because he doesn't have a record to run on.
(END VIDEOTAPE)
WALLACE: And the tit for tat continued throughout the day in rapid-response e-mails with Kerry accusing the GOP questioning his patriotism and military service and portraying him as being weak on defense. But the Bush-Cheney re-election team says, Anderson, it is strictly focusing on the senator's voting record and decisions he made to cut spending on defense and intelligence issues over the past decade.
COOPER: This race just gets more and more interesting.
WALLACE: And it's only February.
COOPER: I know. A long way to go. Kelly Wallace, thanks very much.
Coming up a bit later this evening, my interview with Reverend Al Sharpton. Wait until you hear what he has to say about Ralph Nader. That ahead.
As for President Bush, he is going on the offensive, poised to dip into that $150 million or so war chest to defend his record, as well as attack his critics.
Senior White House correspondent John King has the latest -- John.
JOHN KING, CNN SR. WHITE HOUSE CORRESPONDENT: And Anderson, a change in tone from the president and his campaign tonight. For months, the president has said later rather than sooner when asked when he would get more aggressive in rebutting the daily Democratic attacks. But his numbers in the polls are in decline; Iraq's political transition still an open question; the economy not producing jobs as fast as the president would like. So as you see the president here earlier today talking to governors at the White House at a bipartisan event, shortly the president will deliver a scathing speech here in Washington which we are told it will be his most aggressive and most partisan speech in trying to frame the choices for the November election.
Here is one of the things he will say tonight in a speech to Republican governors. He will say, "It's a choice between keeping the tax relief that is moving this economy forward, or putting the burden of higher taxes back on the American people. It's a choice between an America that leads the world with strength and confidence, or an America that is uncertain in the face of danger."
Now, Mr. Bush is not quite sure yet who his Democratic opponent will be. But most here at the White House and at the Bush-Cheney campaign assume by next Tuesday that Senator John Kerry will have the Democratic race all but locked up. Two days after that -- two days after Super Tuesday on March 4, the president will dip into his more than $100 million campaign war chest and run the first TV ads of his re-election campaign.
Those ads will be positive, promoting the Bush record and promoting Bush proposals looking forward. One reason they are positive, Anderson, the president's approval rating has dipped in the polls near to that 50 percent mark, which is the danger zone for incumbent presidents, they believe, before they can be negative in this campaign. They need to boost the president's standing with the voters first -- Anderson.
COOPER: All right. Let the commercials begin. John King, thanks very much.
We are following a number of developing stories right now "Cross Country" for you. Let's take a look.
Washington: upset teachers. Speaking to Republican governors, Paige called the National Education Association, the nation's largest teachers' organization, "a terrorist organization." Teachers are not happy about it. They have taken Paige to task. Paige now says his choice of words was, well, inappropriate.
Gonzales County, Texas: health officials confirm a highly infectious and fatal strain of bird flu near in a chicken flock near San Antonio. They say it is worse than strains found in the Northeast U.S., but not a danger to humans, unlike the bird flu that has killed at least 22 people in Asia.
Let's go to Miami now. Fourteen people charged in an alleged drug smuggling operation in the city's international airport. Get this: among them, 10 current and former American Airlines employees. Today's arrest follows a four-year sting operation.
Moving to Boston now: an outspoken victim of priest sex abuse is found dead. Perhaps you remember this man; you saw him on TV. His lawyer says 29-year-old Patrick McSorley (ph) died over night at a friend's apartment. No word on the cause.
Fredericksburg, Virginia, now: Army divers use 600 pounds of explosives to begin demolishing a 94-year-old dam on the Rappahannock River. That's what you're looking at right now, the demolition. The project is aimed at making it easier for fish to swim upstream and spawn.
That is a look at stories "Cross Country" for you tonight. Moving on now. The hunt for bin Laden: did the Clinton administration miss its chance to get him? We're going to take a closer look at that.
Plus, conscientious objector or deserter? Find out why an Army soldier fled to Canada instead of going to Iraq. AWOL Private Jeremy Hinzman is going to join us live.
And Jason Williams on trial. Did he try to stage the suicide of his chauffeur? A dramatic day in court.
All that ahead. But first, let's take a look "Inside the Box" at the top stories on tonight's network newscasts.
(COMMERCIAL BREAK)
COOPER: Well, we've been telling you about the new drive to capture the world's most wanted terrorist, Osama bin Laden. But tonight we are learning new information about past efforts, and what we are hearing is not good. Dating back to the Clinton administration, attempts to get bin Laden were allegedly hampered by internal policy debates.
Here is national security correspondent David Ensor.
(BEGIN VIDEOTAPE)
DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): The U.S. first began trying to capture or kill Osama bin Laden seven years ago, though concern about innocent casualties prior to 9/11 may have hampered the hunt, according to a new book. It says the Clinton administration hired a family of paid agents in Afghanistan, planned at one time to seize bin Laden at a farm near Kandahar Airport, and at another sent agents to fire missiles on his compound near Jalalabad. But Clinton's aides agonized about how to get bin Laden without killing innocent women and children.
STEVE COLL, AUTHOR, "GHOST WARS": They were continually wrestling about what authorities to grant the CIA as it carried out this covert action.
ENSOR: Now, U.S. forces in Afghanistan and Pakistani troops near the Afghan border are gearing up for a major drive against al Qaeda and the Taliban in coming weeks. The goal of getting bin Laden in the process. Two attempts on his life by Muslim extremists have convinced Pakistani leader, General Pervez Musharraf, to toughen his policy.
UNIDENTIFIED MALE: Musharraf has been pursuing a two-track policy, which is doing enough to -- sufficiently enough to kind of satisfy the U.S. on al Qaeda, but not doing enough on the Taliban, on domestic extremists. I think now you realize that you can't separate one from the other.
ENSOR: Coll warns that recent history suggests Pakistani intelligence is thoroughly infiltrated by al Qaeda. COLL: Over and over again, Pakistani intelligence proved to be an unreliable partner. They betrayed a series of operations both explicitly and indirectly. And they are still the main vehicle that we use in the region.
(END VIDEOTAPE)
ENSOR: For their part, Pakistani officials say they hope to drive bin Laden and others over the border into U.S. forces on the Afghan side. U.S. intelligence officials are declining comment, but sources are saying the number of military and intelligence assets on both sides of that border are steadily growing -- Anderson.
COOPER: All right. David Ensor in Washington. Thanks, David.
We're tracking a number of developing stories around the globe right now. Let's take a look in the "UpLink."
Going to Baghdad, Iraq: troops under investigation. Seventeen U.S. troops, including a battalion commander, have been relieved of their duties after an investigation into alleged abuse of detainees at a prison outside Baghdad. Now, officials say the first criminal charges could be filed as early as next week. We'll follow that.
Tehran, Iran: hard-liners take control. Take a look. A landslide victory has given conservative lawmakers in Iran control of parliament. Tempers flying there -- flaring, I should say.
The vote was widely boycotted by reformists who objected to the refusal of hard-line clerics to allow many reformed candidates to stand for election. There was a record-low turnout in Tehran. Only three out of every 10 eligible voters went to the polls.
The Hague, Netherlands: hundreds of protesters gathered in this Dutch city, as an international court heard testimony on the legality of Israel's security fence in the West Bank. The Dutch police issued permits with different times to Israeli and Palestinian protesters to keep them apart.
Tripoli, Libya: open for visitors. In a regard for their good behavior, the U.S. will lift travel restrictions to Libya tomorrow. The announcement will also include an easing of other economic restrictions. The Libyans recently announced they were ending their programs of weapons of mass destruction.
And Rio de Janeiro, Brazil: it is party time. The first day of the biggest party in the Southern Hemisphere started Sunday. Wow, look at that.
Thousands of viewers watched several samba schools perform. There's always a little controversy. One samba school had to cover a float with black plastic because it transported 64 statutes shown performing various sexual acts. No detail on exactly what the acts were. Don't really need to know, I suppose. The carnival parade is set to end on Tuesday.
And that is a look at stories in the "UpLink" tonight.
Every Monday we bring you a story that, well, it just kind of makes us scratch our heads. And tonight we've got a doozy. It seems North Korea is producing its own reality TV show. The star? None other than dictator Kim Jong Il. In a country filled with starvation, terror and corruption, that is just wrong.
(BEGIN VIDEOTAPE)
MIKE CHINOY, CNN SR. ASIA CORRESPONDENT (voice-over): Prime-time fare on North Korean TV, the legend of blossoming love for on-the-spot guidance, part six, in which the main -- in fact, the only character, Kim Jong Il, otherwise known as the great general, the dear leader and a fearless patriot, shows he is a man of the people.
"From east to west, north to south, the great general travels the country," the announcer intones. "You warm us like the sun. Have you ever served a great leader like this?"
This episode depicts the god-like Kim providing what the North Koreans call on-the-spot guidance to the armed forces. The message is clear enough: the army is Kim Jong Il's main power base. So, in a country where most people go hungry, the dear leader is seen giving advice on nutrition and inspecting mountains of food destined for the troops.
The announcer says -- he tells them, "There is nothing I wouldn't spare for my soldiers. Behind every great general is a great army."
It is not only food. For the female conscripts, the great general provides a karaoke machine and tips on how to use it. "We are so lucky," the announcer exclaims, "to be loved by him!"
There is some on-the-spot guidance in the fashion department, too. "All these uniforms," the announcer declares, "were made with the love of the great leader who wants to be sure the colors match and the jackets are warm enough." And Kim wants to keep his soldiers healthy. So there is some on-the-spot guidance about how to brush your teeth.
For their loyalty, free TV sets all around. Ecstatic troops and their families dance in the snow. And that's part six. Stay tuned for part seven.
Mike Chinoy, CNN, Beijing.
(END VIDEOTAPE)
COOPER: Even advises them how to brush their teeth.
Well, moving on, an AWOL soldier flees to Canada. Find out why a member of the 82nd Airborne is seeking refugee status. You will meet him just ahead.
Also tonight, the Nader factor. Why are the Democrats so concerned about his campaign? Al Sharpton joins me to sound off. And "The Passion" for sale? The Hollywood money-making machine has some people asking, what would Jesus think?
(COMMERCIAL BREAK)
COOPER: Well, during the Vietnam era, Canada was a refuge for 20,000 or 30,000 draft-age American men who wouldn't go to war. Now, an American soldier has gone AWOL, believed to be one of the first American servicemen to seek refugee status in Canada instead of going to fight in Iraq.
(BEGIN VIDEOTAPE)
COOPER (voice-over): Jeremy Hinzman is a deserter. While his fellow soldiers in the 82nd Airborne fight the war in Iraq, Hinzman is pushing his son's stroller through the streets of Toronto, Canada.
JEREMY HINZMAN, SOLDIER: It was just the kettle boiling. And it started to whistle. And I just couldn't do it anymore.
COOPER: What he couldn't do is fight for a war he says is based on false pretenses. He had enlisted three years ago, training as a paratrooper. Before his tour of duty in Afghanistan, he filed as a conscientious objector. But he was turned down. Iraq, he says, was the final straw.
On January 2 he packed his family and made the 18-hour drive to Canada. To U.S. forces, Hinzman's act is desertion. What will happen if he returns to U.S. soil? An Army spokesperson told CNN the penalties are clear. In a time of war, which we are in now, death, or such other punishment as a court martial may direct.
(END VIDEOTAPE)
COOPER: With us now live from Toronto, Canada, Private Jeremy Hinzman and his attorney Jeffrey House.
Gentlemen, we appreciate you joining us.
Jeremy, why did you dessert?
HINZMAN: I didn't want to take part in this active aggression. I felt it was based on false pretenses. There were no weapons to mass destruction; there were no links to al Qaeda. And I don't really think our goal over in Iraq is to bring on democracy. I think it is a war based on oil.
COOPER: But you tried to become a conscientious objector in the military. You applied. They basically rejected your application. They said you did not qualify as a conscientious objector.
You served in Afghanistan. I understand you were mainly on sort of kitchen duty, you didn't go out on patrols because you made your opinions clear.
HINZMAN: Right. COOPER: Why couldn't you have done that in Iraq as well?
HINZMAN: I don't see the point of putting my life on the line or taking the lives of Iraqi people who don't want us there. I had already filed a CO application., and I didn't really see the point of filing another one because of my previous experience. It wasn't handled in a fair way, and I had no reason to see that it would be if I was to do it again.
COOPER: Jeremy, you talk about morality, though. You did sign a contract. You did know what the Army was about when you signed that contract. You took an oath to defend the Constitution, and you promised to obey orders. You were ordered to go to Iraq, and you broke that contract.
HINZMAN: I did. You said it well. I signed a contract to defend the Constitution, not conquer the world. So...
COOPER: But do you get to -- what gives you the right, a lot of people would argue, to pick and choose? Soldiers traditionally aren't able to do that. If soldiers did that, there would be no discipline, there would be no following orders.
HINZMAN: No, there wouldn't. But just a second. I'm choking up. But when I signed the contract to join the Army, I didn't sign away my ability to have a free will and to be a moral being.
And taking part in a preemptive war that fits no criteria for just wars, I mean, I would be no different than a Nazi soldier who served for...
COOPER: Why did you sign up to the Army? I mean, you knew it was a military organization. Was it simply that you wanted money for college?
HINZMAN: It was for practical reasons. Yes, it was for practical reasons. The Army has a good marketing department. It seemed like a good practical move at the time.
Had I completed this enlistment, I would have received quite a bit of money for college. And I didn't -- I was naive when I joined.
COOPER: So you didn't really think you would have to go and actually fight somewhere?
HINZMAN: No, I realized that that was a possibility. And -- but what was involved in that became apparent to me when I went to basic training.
COOPER: Let me ask your attorney, Jeff, it is very rare that refugee applications by Americans get accepted in Canada. I think of some 200 or so that were (UNINTELLIGIBLE) last year, none of them were accepted. If your client doesn't get refugee status, what happens to him?
JEFFREY HOUSE, ATTORNEY: Well, first of all, I think that the statistics that you're talking about are basically apples and oranges. There hasn't been an illegal war prior to this one for the past 20 years. And Jeremy is the first person who is being forced to participate in an illegal war by the U.S. government. So that's...
COOPER: But my question is, what happens if he doesn't get refugee status?
HOUSE: Well, if he doesn't get refugee status -- and I must say, I expect him to get it -- if he doesn't get refugee status, there's also an application that he be allowed to remain on humanitarian and compassionate grounds. I might add, since apparently a Pentagon spokesperson has talked about the death penalty, Canada sends no one anywhere to face the death penalty. So that is a laugher up here.
COOPER: All right. Jeremy, what do you think the people in your unit think of you?
HINZMAN: I don't expect that they think too much of me. And I must say that I can see where they're coming from in some regards, because our unit was like a family. And, in essence, I said I didn't want to be a part of it.
But I hold no animosity towards them. They're doing what they think is right and I'm doing what I think is right.
COOPER: All right. We'll leave it there. Jeremy Hinzman and Jeffrey House, appreciate you joining us. We'll be following your case. Thank you both.
HOUSE: Thank you very much.
(BEGIN VIDEOTAPE)
COOPER (voice-over): Sharpton on Nader: Reverend Al gets ready to rumble.
In Martha's defense: Bill Cosby in court and a witness who backs up her story. Will it be enough to get her off?
And what is a nail to the cross have in common with Luke Skywalker?
350 continues.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
COOPER: Time now for tonight's stories in the "Reset." Washington. The gloves come off. President Bush goes on the stump tonight in what his campaign is calling a tactical shift in the race for the presidency. He has been slipping in the polls. His speech tonight to Republican governors is viewed as an opportunity to go on the offense.
(BEGIN VIDEO CLIP) GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Candidates are an interesting group with diverse opinions. For tax cuts and against them. For NAFTA and against NAFTA. For the Patriot Act and against the Patriot Act. In favor of liberating Iraq and opposed to it, and that's just one senator from Massachusetts.
(END VIDEO CLIP)
COOPER: I think we'll be hearing a lot about that in the coming months.
Washington now. Halliburton faces criminal probe. The Pentagon said today its criminal investigators are examining allegations of fraud against the energy giant Kellogg Brown, and Root subsidiary. Investigation includes questions about potential overpricing of fuel delivered to Iraq.
Also in Washington, 8 billion spent and not much to show for it. Frankly, the army announced today the cancellation of the Comanche helicopter program and the write-off of its $8 billion cost. The project was in the works for 21 years. For its money, the army got two prototypes.
Also in Washington, the FBI goes public, asking for assistance from the public. The FBI has posted images of a letter sent to the White House that contained the poison ricin. The FBI also made public some of the contents of a second threatening letter. The Bureau is offering a $100,000 reward for any information that leads to an arrest.
Still in Washington, the Supreme Court sides with the government. The justices gave the federal government power to pursue certain terrorism cases in near total secrecy when they refused to hear the case of an Algerian man who was detained shortly after 9/11. The man wanted access to sealed records. The justices refused to intervene in the case. That's a quick look at tonight's "Reset."
Ralph Nader's decision to run for president is being blasted by Democrats who, rightly or wrongly, blame him for costing them the election four years ago. So will he play spoiler again? I asked presidential candidate Reverend Al Sharpton if he thinks Nader is that big a threat.
(BEGIN VIDEOTAPE)
REV. AL SHARPTON (D), PRESIDENTIAL CANDIDATE: I think that if he takes two votes, it could be two votes we need to defeat George Bush. One has to ask what is the motive when one decides to run for president is one of two reasons. Either to win or bring national focus on a set of issues or both. In my case, it's both. When Nader ran in 2000, many of us felt he had that he had a right to bring issues out that were not being discussed by the Democratic party when they felt the Democratic party moved too far to the right and become like the Republicans. But in 2004, you have candidates on the stage debating those issues. We're having delegates being elected. We're going to the convention. We're going to fight these issues. No one knows what the party will represent. So what is his motive now? It couldn't be the issues, the issues are being discussed. What is Nader saying that I'm not saying in the primaries or in the debates or Dennis Kucinich is not saying? What is the point? Is it ego or is it so bitter that you don't mind being used by the Bush forces.
COOPER: But he has as much a right to run as you have to run.
SHARPTON: Absolutely. No one is questioning his right, no one is going to court to stop him. But I have the right to go to the American public saying this is not about issues this time. But I would hope he's bigger than that. The legacy of Ralph Nader as a great consumer advocate is now blemished if he goes out as one that helped in any way, shape, or form George Bush toward reelection. Clearly the record shows his running last time hurt. But I don't know if that was his intent. But it certainly would mean that he would be blind if he went again knowing the impact and effect he potentially could have.
COOPER: You were quoted as saying, "this is either an ego trip or some benign way of helping the Republicans." Do you really think Ralph Nader wants to help Republicans?
SHARPTON: I think that Ralph Nader cannot be blind to the fact that the end result would help the Republicans.
COOPER: You say his entering the race may just be ego. I mean, he did win more than two million votes in the popular vote in 2000, which, with all due respect, is more votes than you've ever gotten. Why should you be in the race and he not?
SHARPTON: First of all, no one knows how many votes I'm going to end up with. We've already got almost 100,000 votes and we have three-quarters of the primary to go. Secondly, I'm not running in a way that will hurt the Democrats because I've said if I'm not successful I will support the nominee.
COOPER: Do you think Nader gets it this time around? Do you think he gets a sense of how difficult it's really going will be? It seems like, you were saying you gave him a platform last time. You won't this time. You're going to go out speaking against him. He seems to be -- a lot of the people who did support him no longer seem to be supporting him. Is he just out of touch?
SHARPTON: I don't know. I was surprised he announced he was running. I hope he reconsiders it. I hope he does hear from a lot of people that maybe my case didn't support him but at least gave him the benefit of the doubt. I think all of us have serious disagreements. I have serious debate disagreements with Kerry and Edwards but not so much that I want to do anything to help Bush win. In fact, I hope to bring in new people to the election, which we're doing in these primaries, that will help to defeat Bush, whether I'm the nominee or not. I would hope that Mr. Nader has the same spirit. COOPER: You will stay in the race all the way through the conventions?
SHARPTON: Particularly with the Nader threat, it is better for the party and everyone else that I stay in.
COOPER: So you've found another reason to stay in?
SHARPTON: I don't need the Nader reason. But I think it is an additional reason. The party cannot silence voices and then not give credence to someone like Nader. The fact that this party has respected other voices and we're in the debates and we're winning delegates means one can legitimately say to Mr. Nader, what is your point?
(END VIDEOTAPE)
COOPER: Here's a quick fast fact for you. To run as an independent, a candidate must collect an estimated 821,815 signatures nationwide to appear on the ballot in each state. In 2000, Ralph Nader was on the ballot in 43 states, plus Washington, D.C. He was not on the ballot in seven states because he did not collect the required number of signatures.
A week from tomorrow, voters in 10 states go to the polls in what's called the Super Tuesday of primaries. More than 1,100 delegates will be chosen. At the end, it is likely the Democratic nominee for president will be chosen as well. All this week, we'll be focusing on those 10 states that are up for grabs. It is 10 states in five days. Tonight we look at the first two battlegrounds on our list. Georgia, the Peach state, and Minnesota, the North Star state. With me here in New York is CNN political analyst, Carlos Watson. Carlos, good to see you. Let's start off with Georgia. We're talking about 86 delegates at stake. Independents and Republicans can vote. Senator Edwards, obviously, would like to capitalize on his southern roots. Do you think he can?
CARLOS WATSON, CNN POLITICAL ANALYST: Not clear that he can because I think trumping may be the hometown roots. The fact that he was not born in Georgia like he was in South Carolina and Kerry secured some key endorsements. Max Cleland, the former senator, Coretta Scott King and other civil rights leaders, I think that his hometown cooking might be a little bit foul this time.
COOPER: What are the big issues there for voters?
WATSON: Three issues really. Jobs, which has been an issue everywhere. Civil rights. Remember almost half the people who'll ultimately vote will probably be African-American and veterans. Remember there is a veterans population. Max Cleland as a Vietnam vet is touring the state and raising that issue too, pretty significant profile.
COOPER: In Georgia, what does each candidate need to do?
WATSON: Edwards has to appeal to that crossover vote. Kerry, on the other hand, has got to make sure that African-American's turn out in a very significant way.
COOPER: All right. Let's talk Minnesota. 72 delegates at stake. Independents and Republicans again can vote. It is the only caucus state on this day. How does the fact that these are caucuses affect the rest?
WATSON: You'll see lower turnouts. So instead of 100,000 people, you'll probably see close to 20,000 to participate. Organization becomes important here. Making sure your people actually show up. They have changed the rules here to make it easy. It is not like Iowa where you have to show up and stay for two hours. This time, you show up, you check off a ballot, and you if you want, you can go home after 15 or 20 minutes.
COOPER: Minnesota also has a history of populism. Does that help Edwards?
WATSON: It could. You remember, they like to go for people like Paul Wellstone, Hubert Humphrey, and others who sounded that economic populace theme. Something akin to his "Two Americas" theme. Could help him here. We'll see.
COOPER: Again in the state, what does each candidate need to do?
WATSON: For Edwards you got be able to woo the Dean vote. If you can form an implicit endorsement of the Dean people or Dean himself, probably not, that would help Edwards. If you're Kerry, you can't look like a front-runner. You've got to be aggressive. Kerry was there this weekend and probably needs to come back one more time. You might even think about doing something strange, running television ads in a caucus state.
COOPER: All right. Put on the hat, some predictions, Georgia.
WATSON: Georgia, I say, in the end Kerry beats the local southern guy. Probably, wins high single digits. That's absent some big thing that happens at the debates or some major endorsement.
COOPER: And Minnesota.
WATSON: You ready for an upset?
COOPER: Yes.
WATSON: I say Edwards can squeak this one out by one or two points. Remember this is a state right next door to Iowa, right next door to Wisconsin, place that is Edwards closed to within single digit. Five points in Iowa, four points or five points in Wisconsin. And this time you don't have Clark taking votes, Dean taking votes. Be careful. And you heard it here first if it happens.
COOPER: We'll replay the tape on Wednesday morning. All right, Carlos Watson, thanks, very much.
You'll be back tomorrow talking about two more states that play on super Tuesday. WATSON: Every day this week.
COOPER: All right. All part of our series, "10 States, Five Days.
Coming up, Martha Stewart return to court today. We'll find out how her business manager may have made the prosecution case against her difficult.
Also tonight, the manslaughter trial of Jayson Williams. A witness describes how the former NBA star may have staged a suicide.
And a little later Jeanne Moos takes a look at the merchandising tie-in his with Mel Gibson's "The Passion of the Christ."
(COMMERCIAL BREAK)
COOPER: Time now for "Justice Served." More on the Martha Stewart case. It could go to the jury by the end of the week depending when she or her broker Peter Bacanovic takes the stand. So where does the case stand from today?
"360" legal analyst, Kimberly Guilfoyle Newsom is here, along with "Celebrity Justice" correspondent, Carolina Buia. Good to see both of you.
Kimberly, let me start off with you.
Martha Stewart's business manager testified today, and she basicly confirmed that there was a standing order to sell ImClone shares at 60. Martha Stewarts has got to be sighing a big sigh of relief.
KIMBERLY GUILFOYLE NEWSOM, 360 LEGAL ANALYST: A big sigh of relief. Especially since the prosecution case was so solid, and went in so well. I think this really important, because it corroborates what she has had say, what Bacanovic has said all along, that they had this standing order. The stop lose order. I think it is powerful evidence in her favor and could make the difference about whether or not she's going to testify or not.
COOPER: Was there reaction when she said that there was this standing order?
CAROLINA BUIA, CELEBRITY JUSTICE CORRESPONDENT: No. As Kimberly was saying, this is important because if Martha won't take the stand and Peter Bacanovic won't take the stand, you need someone to speak for the $60 prearranged number.
COOPER: And she did that today.
BUIA: And she did that today.
COOPER: Bill Cosby was in the court today, sitting I guess, right behind Martha Stewart. Sort of brought in by the Stewart camp. What was the reaction to that. BUIA: He had sunglasses on. You know what, surprisingly enough I don't think anybody on the jury recognized who he was. He was nondescript. he had his sunglasses on. But let me tell you, during the recess, all the reporters went up and we were asking him what he was doing here. He said, hey, I've known Martha many years, for nine years he said. I've brought some Jello, chocolate Jello for everyone here.
COOPER: He's pitching Jello?
BUIA: He's pitching Jello.
COOPER: Kimberly seriously, though why bring someone like Bill Cosby into court. Is it to show support for his friend, Martha Stewart or is there message to that.
NEWSOM: Yes, I think it was a brilliant move. Before we had Rosie O'Donnell come, she's kind of a lightning rod for controversy and people have some mixed feelings about her.
Who doesn't love Bill Cosby?
(CROSSTALK)
COOPER: So you think she's pick asking choosing which friends she invites to court?
NEWSOME: If you're going to bring someone, why not bring Bill Cosby. He's the pudding guy. He's the champion of kids. Everybody likes him. You can't even think about him without smiling. So I think that was actually a good move. It softens her.
BUIA: Interestingly enough, he was on Martha Stewart's show just a few days ago in a rerun.
COOPER: Was he really? That was a rerun though.
Let's talk about the judge. Do you think the judge is likely to throw out some of these charges? The defense wants all the charges thrown out, of course that not going to happen. But the biggest charges, do you think they're going to be thrown out?
BUIA: Well, the biggest is securities fraud which carries the maximum of 10 years in prison. And on Friday, the she seemed to be leaning towards throwing this charge out. And she told the government, look right now the evidence is thin. You better go home and write up some papers on why you think I should keep this charge. And today she didn't make much mention of the securities fraud charge. So, she could hold onto it and wait until it comes to the jury or maybe throw it out right before it gets the jury.
COOPER: But this thing could be done by the end of the week?
NEWSOM: It could. If Martha decides not to take the stand, Peter Bacanovic, we could hear arguments by the end of the week. So far things are going a little bit better for the defense. But we'll have to wait and see.
COOPER: What then will we talk about? We'll find something.
Carolina Buia, thanks.
Kimberly Guilfoyle Newsom, thanks.
Well, gripping testimony in another high profile case, that of former basketball star Jayson Williams on trial for manslaughter.
CNN's Jason Carroll is following this trial.
(BEGIN VIDEOTAPE)
JASON CARROLL, CNN CORRESPONDENT (voice-over): It is the most damaging testimony so far in the Jayson Williams manslaughter trial. It came from Dean Bumbaco, the first witness to testified who was inside Williams New Jersey home when the former NBA player giving a tour.
DEAN BUMBACO, WITNESS: I heard a large boom, explosion, something. So first I wasn't sure what it was.
CARROLL: Bumbaco, a guest, ran to a bedroom where he found Gus Christofi, Williams limousine driver, lying in the fetal position gasping for air.
BUMBACO: Some people said we have to call 911. And then other people were saying, maybe -- maybe not. Maybe we need to think about it.
CARROLL: Bumbaco a landscaper and casual acquaintance of Williams, told jurors he watched while Williams tried to make it look like Christofi had shot himself.
BUMBACO: Mr. Williams, tried to put the gun in his hand and tried to close his hand up on the gun. But I don't know if he could get his hand in there, but he tried to close his hand up on the gun.
CARROLL: Bumbaco told police Christofi shot himself and later said he lied because William told him do. But on cross-examination, the defense challenged Bumbaco.
BUMBACO: For some reason...
UNIDENTIFIED MALE: Answer yes or no.
BUMBACO: Yes, I think we know the reason.
UNIDENTIFIED MALE: Would it be fair for you to say to the jury, you don't like him?
BUMBACO: That's correct.
CARROLL: The defense pointed to inconsistencies in Bumbaco's statements, describing what Williams said following the shooting. (END VIDEOTAPE)
CARROLL: Still expected to testify against Williams, two guest whose have pleaded guilty to evidence and also tampering with witnesses and, at this point, Williams has already denied those allegations -- Anderson.
COOPER: All right, Jason Carroll live from New York. Thanks Jason.
Still to come, these are not your ordinary hardware store nails. We are going to show you how "The Passion of the Christ" is creating a very unusual kind of merchandising.
Also tonight, Stephen King does it. Herman Wouk did it. Now it is Whoopi Goldberg's turn. That and more in tonight's "Current."
(COMMERCIAL BREAK)
COOPER: All right. Time to check on pop news in tonight's "Current." Let's see what's going on.
Whoopi Goldberg is joining the list of celebrities who write children's books. Goldberg is thrilled about her new occupation, which some observers hope takes up all her time, making it impossible for her to ever, ever appear on TV or film again. Some people say that. I don't know.
Sylvester Stallone is teaming up with reality producer Mark Burnett for "The Contender," an NBC show that will focus on a nationwide search for a real-life Rocky. Take note, if you're a slurring, dim-witted collector for a loan shark who likes to beat up carcasses, this could be your big break. Thank you. A strict set of rules -- if the guys laugh, then I know it's all right.
A strict set of rules will be enforced for the commercials that air during the Academy Awards. The Motion Picture Academy will be monitoring the ads to make sure they are dignified and tasteful. The Academy's announcement has struck fear in the heart of Carrot Top. Do we have a picture of Carrot Top? Apparently not.
Mel Gibson's "The Passion of the Christ" opens nationwide Wednesday, but already the critics are making their feelings known. David Denby of "The New Yorker" panned it big time, saying "The Passion" is one of the cruelest movie ever, a spot previously held, of course, by "Glitter." Congratulations, Mariah, you are officially off the hook.
It is probably the most brilliant marketing strategy the movie business has seen since -- well, maybe since ever. Mel Gibson's movie, "The Passion," has ignited controversy and gaining credible buzz and is about to open in 2,800 theaters nationwide. All this for a film that is acted in ancient Aramaic and Latin and which even Gibson says is, quote, "over the top in violence." And the spin-offs, you will not believe the spin-offs. CNN's Jeanne Moos has that.
(BEGIN VIDEOTAPE)
JEANNE MOOS, CNN CORRESPONDENT (voice-over): These nails aren't destined for the hardware store. They're destined to dangle around your neck. Crucifixion nails.
UNIDENTIFIED MALE: As powerful, and maybe even more powerful than the cross itself.
MOOS: One magazine dubbed Mel Gibson's movie "the greatest story ever sold," and they are selling the usual stuff. But it's the nail pendant that hammers home the point about what Christ is said to have suffered.
UNIDENTIFIED MALE: These were not nails. These were major spikes. Think of a railroad spike.
MOOS: Scaled down in size, the nails refer to a verse from Isaiah, "he was pierced for our transgressions."
UNIDENTIFIED MALE: I wore it to church one evening. And hey, that's cool, where did you get that nail?
MOOS: The larger size sells for 17 bucks at Christian bookstores.
UNIDENTIFIED FEMALE: Kind of weird.
UNIDENTIFIED FEMALE: Not my style.
UNIDENTIFIED FEMALE: It's pretty cool, though.
UNIDENTIFIED FEMALE: I'd rather have a diamond around my neck.
MOOS: These days, you can buy everything from a dashboard Jesus to an action figure to Jesus wrapping paper. Even the cross has become decorative.
UNIDENTIFIED MALE: The power of the cross as an instrument of death, suffering and torture has largely been lost.
MOOS: Now, the nail gets its moment. A special on Pax about the making of the movie showed the special effects.
UNIDENTIFIED MALE: The spike will go in. And there is a blood tube down here.
MOOS: Some folks sound cross about the nail.
UNIDENTIFIED MALE: Why do you need to make money off of Jesus?
MOOS: Cartoons aside, the company making the nails says it is donating 10 percent to the church.
This guy slipped one the nail over his Satan t-shirt.
UNIDENTIFIED MALE: I feel a burning sensation. Is that supposed to happen?
MOOS: Talk about sensation. The agony of crucifixion gave birth to a word, "excruciating," literally means out of the crucifix.
Jeanne Moos, CNN, New York.
(END VIDEOTAPE)
COOPER: Well, coming up, the first family says goodbye to a friend. Just ahead on "The Nth Degree," remembering a truly loyal Washington insider.
And tomorrow, how healthy are you? Dr. Sanjay Gupta and I undergo a new wave of heart screening tests that literally can save lives, including mine. We'll talk about that tomorrow.
(COMMERCIAL BREAK)
COOPER: Tonight, taking playing dead to "The Nth Degree." Yesterday a very popular figure at the White House had a series of strokes. Knowing that there could be no recovery, those in charge regretfully did what they had to do.
On the advice of their vet, president and Mrs. Bush put Spot, the English springer spaniel, to sleep. In human years, Spot was almost 100, had lived a full life, loved the snow and his playmate Barney. Spot had nipped at the heels of high and mighty, barked and movers and shakers, been scratched by celebrities, bright and beautiful, and leaders of countries, great and small.
It was time.
To those cynics who say all the publicity Spot's death got was just an election year plea for sympathy, I'm running for reelection and my dog is dead, we say, have a little heart. It was Harry Truman who said, "if you want a friend in Washington, get a dog." As of yesterday, sad to say, President Bush is down a friend.
I'm Anderson Cooper. Thanks for watching. Coming up next, "PAULA ZAHN NOW."
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Stewart's Story>
Aired February 23, 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): American Marines head to Haiti. How far will the island intervention go?
Sharpton versus Nader: a new role for Reverend Al. We'll talk to him one-on-one.
Hunting bin Laden: did Clinton blow his chance to take out the terrorist?
In Martha's defense: Bill Cobs in court and a witness who backs up her story. Will it be enough to get her off?
Kim Jong Il's reality TV: the trouble is there's no way to vote this guy off the island.
And you've heard of "The Passion," but have you seen those products. What would Jesus think?
(END VIDEOTAPE)
ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.
COOPER: And good evening. Thanks for joining us on 360. A lot ahead tonight.
President Bush going on the offensive tonight in a major political attack against his critics and Democrats, who say he is sending the country down the wrong path. We're going to have a live report from the White House in just a moment for that.
But first, the Marines have landed. We're talking about Port-au- Prince, Haiti. As the situation continues to worsen, 50 U.S. Marines arrived there today -- there they go -- to help protect the American embassy.
Lucia Newman with the latest now live on the videophone from Haiti -- Lucia.
LUCIA NEWMAN, CNN CORRESPONDENT: Good evening, Anderson.
Indeed, the Marines certainly have landed by air, though, in two C-130 aircraft. After getting off the plane in full military gear, they went immediately over to the U.S. embassy to try to secure that area, to beef up security for U.S. diplomats. That is, the U.S. diplomats still left.
All non-essential U.S. personnel and Canadian diplomats, as well, have been sent home. Most of them were at the airport today, in fact, trying to leave. The rest, those that are still here, were ordered to stay in their homes until the U.S. Marines could land and secure the area around the embassy. Presumably, the embassy will open very soon, perhaps as soon as tomorrow.
The uncertainty and the chaos in this country has prompted this move. Yesterday, armed rebels, 200 of them being led by members of Haiti's disband military, attacked the country's second largest city, Cap-Haitien. They torched the police station while hundreds of locals looted both the port and warehouses in the city, including houses of the aid agency CARE. There are now reports also that rebel sympathizers are hunting down Aristide loyalists in that city. A chaotic situation, indeed.
In the meantime, the U.S. government, specifically U.S. Secretary of State Colin Powell, has contacted the opposition, the civilian opposition in this country, and given them a 24-hour extension to reconsider a multinational peace proposal that was put forward this weekend which calls for power sharing between the opposition and the government. The opposition says it needs that time to seek guarantees. Time, though, Anderson, is something that's running out here.
COOPER: And it is getting worse by the day. Lucia Newman, thanks very much, in Port-au-Prince, Haiti.
A big day for Martha Stewart. A key witness backs her story, but no decision yet from the judge on dismissing charges.
As CNN's Deborah Feyerick reports, perhaps the most electric moment in court today came from a visitor.
(BEGIN VIDEOTAPE)
DEBORAH FEYERICK, CNN CORRESPONDENT (voice-over): With the trial entering its fifth week, the number of lawyers around Martha Stewart has well exceeded the number of friends. So when buddy Bill Cosby showed up, sitting squarely behind Stewart, it caused quite a stir in the back of the court.
BILL COSBY, ACTOR: I came to support a friend.
FEYERICK: But the jury seemed focused on defense witnesses called on behalf of Stewart's broker, Peter Bacanovic. First up, a lawyer who chipped away at the credibility of the government's star witness, Doug Faneuil.
Faneuil had testified he lied to investigators about Stewart's questionable ImClone trade. The lawyer Faneuil consulted after warned the young man, he'd "be sticking his neck out" if his story to investigators had changed. When the former lawyer advised Faneuil not to rely solely on attorneys for Merrill Lynch, Faneuil, he says, started to cry.
JEREMIAH GUTMAN, FMR. LAWYER FOR DOUGLAS FANEUIL: He said, "These people are merciless, they're immoral. I have to get out of Wall Street."
FEYERICK: Then an ink expert testified about a crucial document, a worksheet showing Stewart's stock holdings. The defense expert said there were three different pens used on the worksheet, not two, as the prosecution's ink expert testified. Bacanovic's lawyers will argue that proves the broker did not alter the worksheet to cover up the ImClone trade as prosecutors alleged, but that he was working to sell several stocks at the end of December of 2001, and that pen markings near listings of Apple, Nokia and ImClone bear that out.
Winding up the day, one of Stewart's business managers who testified Bacanovic thought ImClone was a dog of a stock and set a sale price of $60 to $61 a share, a price prosecutors say was made up after to cover the trade.
(END VIDEOTAPE)
FEYERICK: It is still undecided, but sources close to the defense say that lawyers are leaning against putting either Martha Stewart or her broker on the stand -- Anderson.
COOPER: All right. Deborah Feyerick, thanks very much.
Now to the race for the White House. John Kerry and John Edwards both on the campaign trail today, both in New York. And both taking shots at President Bush, while dealing with the newest threat against them, Ralph Nader.
Kelly Wallace reports.
(BEGIN VIDEOTAPE)
KELLY WALLACE, CNN NATIONAL CORRESPONDENT (voice-over): One day after sending shock waves through the Democratic Party, Ralph Nader's message to Democrats...
RALPH NADER (I), PRESIDENTIAL CANDIDATE: ... relax, rejoice. You have another front carrying the ancient but unfulfilled pretensions and aspirations of the Democratic Party.
WALLACE: The two major Democratic candidates continued their, "we're not that worried about Nader positions" as they stumped through New York City. John Edwards telling reporters he is the candidate who appeals to the voters who backed Nader in 2000.
SEN. JOHN EDWARDS (D-NC), PRESIDENTIAL CANDIDATE: His life spent fighting consumer issues, his life spent fighting for the little guy. I've spent a great deal of my life doing the same thing.
(voice-over): It seem today we have two Americas.
WALLACE: The North Carolina senator, hoping to score some upsets next week, has ads running statewide in Ohio and Georgia, with plans for ads Tuesday in upstate new York.
NARRATOR: The decisions that he made saved our lives. He had an unfailing instinct.
WALLACE: Democratic front-runner John Kerry will begin running ads in all the same places Tuesday. During visits to Queens and Harlem, the Massachusetts senator's focus was on President Bush, as he blasted what will be Mr. Bush's first major political speech of the '04 campaign.
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: I think George Bush is on the run. And I think he's on the run because he doesn't have a record to run on.
(END VIDEOTAPE)
WALLACE: And the tit for tat continued throughout the day in rapid-response e-mails with Kerry accusing the GOP questioning his patriotism and military service and portraying him as being weak on defense. But the Bush-Cheney re-election team says, Anderson, it is strictly focusing on the senator's voting record and decisions he made to cut spending on defense and intelligence issues over the past decade.
COOPER: This race just gets more and more interesting.
WALLACE: And it's only February.
COOPER: I know. A long way to go. Kelly Wallace, thanks very much.
Coming up a bit later this evening, my interview with Reverend Al Sharpton. Wait until you hear what he has to say about Ralph Nader. That ahead.
As for President Bush, he is going on the offensive, poised to dip into that $150 million or so war chest to defend his record, as well as attack his critics.
Senior White House correspondent John King has the latest -- John.
JOHN KING, CNN SR. WHITE HOUSE CORRESPONDENT: And Anderson, a change in tone from the president and his campaign tonight. For months, the president has said later rather than sooner when asked when he would get more aggressive in rebutting the daily Democratic attacks. But his numbers in the polls are in decline; Iraq's political transition still an open question; the economy not producing jobs as fast as the president would like. So as you see the president here earlier today talking to governors at the White House at a bipartisan event, shortly the president will deliver a scathing speech here in Washington which we are told it will be his most aggressive and most partisan speech in trying to frame the choices for the November election.
Here is one of the things he will say tonight in a speech to Republican governors. He will say, "It's a choice between keeping the tax relief that is moving this economy forward, or putting the burden of higher taxes back on the American people. It's a choice between an America that leads the world with strength and confidence, or an America that is uncertain in the face of danger."
Now, Mr. Bush is not quite sure yet who his Democratic opponent will be. But most here at the White House and at the Bush-Cheney campaign assume by next Tuesday that Senator John Kerry will have the Democratic race all but locked up. Two days after that -- two days after Super Tuesday on March 4, the president will dip into his more than $100 million campaign war chest and run the first TV ads of his re-election campaign.
Those ads will be positive, promoting the Bush record and promoting Bush proposals looking forward. One reason they are positive, Anderson, the president's approval rating has dipped in the polls near to that 50 percent mark, which is the danger zone for incumbent presidents, they believe, before they can be negative in this campaign. They need to boost the president's standing with the voters first -- Anderson.
COOPER: All right. Let the commercials begin. John King, thanks very much.
We are following a number of developing stories right now "Cross Country" for you. Let's take a look.
Washington: upset teachers. Speaking to Republican governors, Paige called the National Education Association, the nation's largest teachers' organization, "a terrorist organization." Teachers are not happy about it. They have taken Paige to task. Paige now says his choice of words was, well, inappropriate.
Gonzales County, Texas: health officials confirm a highly infectious and fatal strain of bird flu near in a chicken flock near San Antonio. They say it is worse than strains found in the Northeast U.S., but not a danger to humans, unlike the bird flu that has killed at least 22 people in Asia.
Let's go to Miami now. Fourteen people charged in an alleged drug smuggling operation in the city's international airport. Get this: among them, 10 current and former American Airlines employees. Today's arrest follows a four-year sting operation.
Moving to Boston now: an outspoken victim of priest sex abuse is found dead. Perhaps you remember this man; you saw him on TV. His lawyer says 29-year-old Patrick McSorley (ph) died over night at a friend's apartment. No word on the cause.
Fredericksburg, Virginia, now: Army divers use 600 pounds of explosives to begin demolishing a 94-year-old dam on the Rappahannock River. That's what you're looking at right now, the demolition. The project is aimed at making it easier for fish to swim upstream and spawn.
That is a look at stories "Cross Country" for you tonight. Moving on now. The hunt for bin Laden: did the Clinton administration miss its chance to get him? We're going to take a closer look at that.
Plus, conscientious objector or deserter? Find out why an Army soldier fled to Canada instead of going to Iraq. AWOL Private Jeremy Hinzman is going to join us live.
And Jason Williams on trial. Did he try to stage the suicide of his chauffeur? A dramatic day in court.
All that ahead. But first, let's take a look "Inside the Box" at the top stories on tonight's network newscasts.
(COMMERCIAL BREAK)
COOPER: Well, we've been telling you about the new drive to capture the world's most wanted terrorist, Osama bin Laden. But tonight we are learning new information about past efforts, and what we are hearing is not good. Dating back to the Clinton administration, attempts to get bin Laden were allegedly hampered by internal policy debates.
Here is national security correspondent David Ensor.
(BEGIN VIDEOTAPE)
DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): The U.S. first began trying to capture or kill Osama bin Laden seven years ago, though concern about innocent casualties prior to 9/11 may have hampered the hunt, according to a new book. It says the Clinton administration hired a family of paid agents in Afghanistan, planned at one time to seize bin Laden at a farm near Kandahar Airport, and at another sent agents to fire missiles on his compound near Jalalabad. But Clinton's aides agonized about how to get bin Laden without killing innocent women and children.
STEVE COLL, AUTHOR, "GHOST WARS": They were continually wrestling about what authorities to grant the CIA as it carried out this covert action.
ENSOR: Now, U.S. forces in Afghanistan and Pakistani troops near the Afghan border are gearing up for a major drive against al Qaeda and the Taliban in coming weeks. The goal of getting bin Laden in the process. Two attempts on his life by Muslim extremists have convinced Pakistani leader, General Pervez Musharraf, to toughen his policy.
UNIDENTIFIED MALE: Musharraf has been pursuing a two-track policy, which is doing enough to -- sufficiently enough to kind of satisfy the U.S. on al Qaeda, but not doing enough on the Taliban, on domestic extremists. I think now you realize that you can't separate one from the other.
ENSOR: Coll warns that recent history suggests Pakistani intelligence is thoroughly infiltrated by al Qaeda. COLL: Over and over again, Pakistani intelligence proved to be an unreliable partner. They betrayed a series of operations both explicitly and indirectly. And they are still the main vehicle that we use in the region.
(END VIDEOTAPE)
ENSOR: For their part, Pakistani officials say they hope to drive bin Laden and others over the border into U.S. forces on the Afghan side. U.S. intelligence officials are declining comment, but sources are saying the number of military and intelligence assets on both sides of that border are steadily growing -- Anderson.
COOPER: All right. David Ensor in Washington. Thanks, David.
We're tracking a number of developing stories around the globe right now. Let's take a look in the "UpLink."
Going to Baghdad, Iraq: troops under investigation. Seventeen U.S. troops, including a battalion commander, have been relieved of their duties after an investigation into alleged abuse of detainees at a prison outside Baghdad. Now, officials say the first criminal charges could be filed as early as next week. We'll follow that.
Tehran, Iran: hard-liners take control. Take a look. A landslide victory has given conservative lawmakers in Iran control of parliament. Tempers flying there -- flaring, I should say.
The vote was widely boycotted by reformists who objected to the refusal of hard-line clerics to allow many reformed candidates to stand for election. There was a record-low turnout in Tehran. Only three out of every 10 eligible voters went to the polls.
The Hague, Netherlands: hundreds of protesters gathered in this Dutch city, as an international court heard testimony on the legality of Israel's security fence in the West Bank. The Dutch police issued permits with different times to Israeli and Palestinian protesters to keep them apart.
Tripoli, Libya: open for visitors. In a regard for their good behavior, the U.S. will lift travel restrictions to Libya tomorrow. The announcement will also include an easing of other economic restrictions. The Libyans recently announced they were ending their programs of weapons of mass destruction.
And Rio de Janeiro, Brazil: it is party time. The first day of the biggest party in the Southern Hemisphere started Sunday. Wow, look at that.
Thousands of viewers watched several samba schools perform. There's always a little controversy. One samba school had to cover a float with black plastic because it transported 64 statutes shown performing various sexual acts. No detail on exactly what the acts were. Don't really need to know, I suppose. The carnival parade is set to end on Tuesday.
And that is a look at stories in the "UpLink" tonight.
Every Monday we bring you a story that, well, it just kind of makes us scratch our heads. And tonight we've got a doozy. It seems North Korea is producing its own reality TV show. The star? None other than dictator Kim Jong Il. In a country filled with starvation, terror and corruption, that is just wrong.
(BEGIN VIDEOTAPE)
MIKE CHINOY, CNN SR. ASIA CORRESPONDENT (voice-over): Prime-time fare on North Korean TV, the legend of blossoming love for on-the-spot guidance, part six, in which the main -- in fact, the only character, Kim Jong Il, otherwise known as the great general, the dear leader and a fearless patriot, shows he is a man of the people.
"From east to west, north to south, the great general travels the country," the announcer intones. "You warm us like the sun. Have you ever served a great leader like this?"
This episode depicts the god-like Kim providing what the North Koreans call on-the-spot guidance to the armed forces. The message is clear enough: the army is Kim Jong Il's main power base. So, in a country where most people go hungry, the dear leader is seen giving advice on nutrition and inspecting mountains of food destined for the troops.
The announcer says -- he tells them, "There is nothing I wouldn't spare for my soldiers. Behind every great general is a great army."
It is not only food. For the female conscripts, the great general provides a karaoke machine and tips on how to use it. "We are so lucky," the announcer exclaims, "to be loved by him!"
There is some on-the-spot guidance in the fashion department, too. "All these uniforms," the announcer declares, "were made with the love of the great leader who wants to be sure the colors match and the jackets are warm enough." And Kim wants to keep his soldiers healthy. So there is some on-the-spot guidance about how to brush your teeth.
For their loyalty, free TV sets all around. Ecstatic troops and their families dance in the snow. And that's part six. Stay tuned for part seven.
Mike Chinoy, CNN, Beijing.
(END VIDEOTAPE)
COOPER: Even advises them how to brush their teeth.
Well, moving on, an AWOL soldier flees to Canada. Find out why a member of the 82nd Airborne is seeking refugee status. You will meet him just ahead.
Also tonight, the Nader factor. Why are the Democrats so concerned about his campaign? Al Sharpton joins me to sound off. And "The Passion" for sale? The Hollywood money-making machine has some people asking, what would Jesus think?
(COMMERCIAL BREAK)
COOPER: Well, during the Vietnam era, Canada was a refuge for 20,000 or 30,000 draft-age American men who wouldn't go to war. Now, an American soldier has gone AWOL, believed to be one of the first American servicemen to seek refugee status in Canada instead of going to fight in Iraq.
(BEGIN VIDEOTAPE)
COOPER (voice-over): Jeremy Hinzman is a deserter. While his fellow soldiers in the 82nd Airborne fight the war in Iraq, Hinzman is pushing his son's stroller through the streets of Toronto, Canada.
JEREMY HINZMAN, SOLDIER: It was just the kettle boiling. And it started to whistle. And I just couldn't do it anymore.
COOPER: What he couldn't do is fight for a war he says is based on false pretenses. He had enlisted three years ago, training as a paratrooper. Before his tour of duty in Afghanistan, he filed as a conscientious objector. But he was turned down. Iraq, he says, was the final straw.
On January 2 he packed his family and made the 18-hour drive to Canada. To U.S. forces, Hinzman's act is desertion. What will happen if he returns to U.S. soil? An Army spokesperson told CNN the penalties are clear. In a time of war, which we are in now, death, or such other punishment as a court martial may direct.
(END VIDEOTAPE)
COOPER: With us now live from Toronto, Canada, Private Jeremy Hinzman and his attorney Jeffrey House.
Gentlemen, we appreciate you joining us.
Jeremy, why did you dessert?
HINZMAN: I didn't want to take part in this active aggression. I felt it was based on false pretenses. There were no weapons to mass destruction; there were no links to al Qaeda. And I don't really think our goal over in Iraq is to bring on democracy. I think it is a war based on oil.
COOPER: But you tried to become a conscientious objector in the military. You applied. They basically rejected your application. They said you did not qualify as a conscientious objector.
You served in Afghanistan. I understand you were mainly on sort of kitchen duty, you didn't go out on patrols because you made your opinions clear.
HINZMAN: Right. COOPER: Why couldn't you have done that in Iraq as well?
HINZMAN: I don't see the point of putting my life on the line or taking the lives of Iraqi people who don't want us there. I had already filed a CO application., and I didn't really see the point of filing another one because of my previous experience. It wasn't handled in a fair way, and I had no reason to see that it would be if I was to do it again.
COOPER: Jeremy, you talk about morality, though. You did sign a contract. You did know what the Army was about when you signed that contract. You took an oath to defend the Constitution, and you promised to obey orders. You were ordered to go to Iraq, and you broke that contract.
HINZMAN: I did. You said it well. I signed a contract to defend the Constitution, not conquer the world. So...
COOPER: But do you get to -- what gives you the right, a lot of people would argue, to pick and choose? Soldiers traditionally aren't able to do that. If soldiers did that, there would be no discipline, there would be no following orders.
HINZMAN: No, there wouldn't. But just a second. I'm choking up. But when I signed the contract to join the Army, I didn't sign away my ability to have a free will and to be a moral being.
And taking part in a preemptive war that fits no criteria for just wars, I mean, I would be no different than a Nazi soldier who served for...
COOPER: Why did you sign up to the Army? I mean, you knew it was a military organization. Was it simply that you wanted money for college?
HINZMAN: It was for practical reasons. Yes, it was for practical reasons. The Army has a good marketing department. It seemed like a good practical move at the time.
Had I completed this enlistment, I would have received quite a bit of money for college. And I didn't -- I was naive when I joined.
COOPER: So you didn't really think you would have to go and actually fight somewhere?
HINZMAN: No, I realized that that was a possibility. And -- but what was involved in that became apparent to me when I went to basic training.
COOPER: Let me ask your attorney, Jeff, it is very rare that refugee applications by Americans get accepted in Canada. I think of some 200 or so that were (UNINTELLIGIBLE) last year, none of them were accepted. If your client doesn't get refugee status, what happens to him?
JEFFREY HOUSE, ATTORNEY: Well, first of all, I think that the statistics that you're talking about are basically apples and oranges. There hasn't been an illegal war prior to this one for the past 20 years. And Jeremy is the first person who is being forced to participate in an illegal war by the U.S. government. So that's...
COOPER: But my question is, what happens if he doesn't get refugee status?
HOUSE: Well, if he doesn't get refugee status -- and I must say, I expect him to get it -- if he doesn't get refugee status, there's also an application that he be allowed to remain on humanitarian and compassionate grounds. I might add, since apparently a Pentagon spokesperson has talked about the death penalty, Canada sends no one anywhere to face the death penalty. So that is a laugher up here.
COOPER: All right. Jeremy, what do you think the people in your unit think of you?
HINZMAN: I don't expect that they think too much of me. And I must say that I can see where they're coming from in some regards, because our unit was like a family. And, in essence, I said I didn't want to be a part of it.
But I hold no animosity towards them. They're doing what they think is right and I'm doing what I think is right.
COOPER: All right. We'll leave it there. Jeremy Hinzman and Jeffrey House, appreciate you joining us. We'll be following your case. Thank you both.
HOUSE: Thank you very much.
(BEGIN VIDEOTAPE)
COOPER (voice-over): Sharpton on Nader: Reverend Al gets ready to rumble.
In Martha's defense: Bill Cosby in court and a witness who backs up her story. Will it be enough to get her off?
And what is a nail to the cross have in common with Luke Skywalker?
350 continues.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
COOPER: Time now for tonight's stories in the "Reset." Washington. The gloves come off. President Bush goes on the stump tonight in what his campaign is calling a tactical shift in the race for the presidency. He has been slipping in the polls. His speech tonight to Republican governors is viewed as an opportunity to go on the offense.
(BEGIN VIDEO CLIP) GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Candidates are an interesting group with diverse opinions. For tax cuts and against them. For NAFTA and against NAFTA. For the Patriot Act and against the Patriot Act. In favor of liberating Iraq and opposed to it, and that's just one senator from Massachusetts.
(END VIDEO CLIP)
COOPER: I think we'll be hearing a lot about that in the coming months.
Washington now. Halliburton faces criminal probe. The Pentagon said today its criminal investigators are examining allegations of fraud against the energy giant Kellogg Brown, and Root subsidiary. Investigation includes questions about potential overpricing of fuel delivered to Iraq.
Also in Washington, 8 billion spent and not much to show for it. Frankly, the army announced today the cancellation of the Comanche helicopter program and the write-off of its $8 billion cost. The project was in the works for 21 years. For its money, the army got two prototypes.
Also in Washington, the FBI goes public, asking for assistance from the public. The FBI has posted images of a letter sent to the White House that contained the poison ricin. The FBI also made public some of the contents of a second threatening letter. The Bureau is offering a $100,000 reward for any information that leads to an arrest.
Still in Washington, the Supreme Court sides with the government. The justices gave the federal government power to pursue certain terrorism cases in near total secrecy when they refused to hear the case of an Algerian man who was detained shortly after 9/11. The man wanted access to sealed records. The justices refused to intervene in the case. That's a quick look at tonight's "Reset."
Ralph Nader's decision to run for president is being blasted by Democrats who, rightly or wrongly, blame him for costing them the election four years ago. So will he play spoiler again? I asked presidential candidate Reverend Al Sharpton if he thinks Nader is that big a threat.
(BEGIN VIDEOTAPE)
REV. AL SHARPTON (D), PRESIDENTIAL CANDIDATE: I think that if he takes two votes, it could be two votes we need to defeat George Bush. One has to ask what is the motive when one decides to run for president is one of two reasons. Either to win or bring national focus on a set of issues or both. In my case, it's both. When Nader ran in 2000, many of us felt he had that he had a right to bring issues out that were not being discussed by the Democratic party when they felt the Democratic party moved too far to the right and become like the Republicans. But in 2004, you have candidates on the stage debating those issues. We're having delegates being elected. We're going to the convention. We're going to fight these issues. No one knows what the party will represent. So what is his motive now? It couldn't be the issues, the issues are being discussed. What is Nader saying that I'm not saying in the primaries or in the debates or Dennis Kucinich is not saying? What is the point? Is it ego or is it so bitter that you don't mind being used by the Bush forces.
COOPER: But he has as much a right to run as you have to run.
SHARPTON: Absolutely. No one is questioning his right, no one is going to court to stop him. But I have the right to go to the American public saying this is not about issues this time. But I would hope he's bigger than that. The legacy of Ralph Nader as a great consumer advocate is now blemished if he goes out as one that helped in any way, shape, or form George Bush toward reelection. Clearly the record shows his running last time hurt. But I don't know if that was his intent. But it certainly would mean that he would be blind if he went again knowing the impact and effect he potentially could have.
COOPER: You were quoted as saying, "this is either an ego trip or some benign way of helping the Republicans." Do you really think Ralph Nader wants to help Republicans?
SHARPTON: I think that Ralph Nader cannot be blind to the fact that the end result would help the Republicans.
COOPER: You say his entering the race may just be ego. I mean, he did win more than two million votes in the popular vote in 2000, which, with all due respect, is more votes than you've ever gotten. Why should you be in the race and he not?
SHARPTON: First of all, no one knows how many votes I'm going to end up with. We've already got almost 100,000 votes and we have three-quarters of the primary to go. Secondly, I'm not running in a way that will hurt the Democrats because I've said if I'm not successful I will support the nominee.
COOPER: Do you think Nader gets it this time around? Do you think he gets a sense of how difficult it's really going will be? It seems like, you were saying you gave him a platform last time. You won't this time. You're going to go out speaking against him. He seems to be -- a lot of the people who did support him no longer seem to be supporting him. Is he just out of touch?
SHARPTON: I don't know. I was surprised he announced he was running. I hope he reconsiders it. I hope he does hear from a lot of people that maybe my case didn't support him but at least gave him the benefit of the doubt. I think all of us have serious disagreements. I have serious debate disagreements with Kerry and Edwards but not so much that I want to do anything to help Bush win. In fact, I hope to bring in new people to the election, which we're doing in these primaries, that will help to defeat Bush, whether I'm the nominee or not. I would hope that Mr. Nader has the same spirit. COOPER: You will stay in the race all the way through the conventions?
SHARPTON: Particularly with the Nader threat, it is better for the party and everyone else that I stay in.
COOPER: So you've found another reason to stay in?
SHARPTON: I don't need the Nader reason. But I think it is an additional reason. The party cannot silence voices and then not give credence to someone like Nader. The fact that this party has respected other voices and we're in the debates and we're winning delegates means one can legitimately say to Mr. Nader, what is your point?
(END VIDEOTAPE)
COOPER: Here's a quick fast fact for you. To run as an independent, a candidate must collect an estimated 821,815 signatures nationwide to appear on the ballot in each state. In 2000, Ralph Nader was on the ballot in 43 states, plus Washington, D.C. He was not on the ballot in seven states because he did not collect the required number of signatures.
A week from tomorrow, voters in 10 states go to the polls in what's called the Super Tuesday of primaries. More than 1,100 delegates will be chosen. At the end, it is likely the Democratic nominee for president will be chosen as well. All this week, we'll be focusing on those 10 states that are up for grabs. It is 10 states in five days. Tonight we look at the first two battlegrounds on our list. Georgia, the Peach state, and Minnesota, the North Star state. With me here in New York is CNN political analyst, Carlos Watson. Carlos, good to see you. Let's start off with Georgia. We're talking about 86 delegates at stake. Independents and Republicans can vote. Senator Edwards, obviously, would like to capitalize on his southern roots. Do you think he can?
CARLOS WATSON, CNN POLITICAL ANALYST: Not clear that he can because I think trumping may be the hometown roots. The fact that he was not born in Georgia like he was in South Carolina and Kerry secured some key endorsements. Max Cleland, the former senator, Coretta Scott King and other civil rights leaders, I think that his hometown cooking might be a little bit foul this time.
COOPER: What are the big issues there for voters?
WATSON: Three issues really. Jobs, which has been an issue everywhere. Civil rights. Remember almost half the people who'll ultimately vote will probably be African-American and veterans. Remember there is a veterans population. Max Cleland as a Vietnam vet is touring the state and raising that issue too, pretty significant profile.
COOPER: In Georgia, what does each candidate need to do?
WATSON: Edwards has to appeal to that crossover vote. Kerry, on the other hand, has got to make sure that African-American's turn out in a very significant way.
COOPER: All right. Let's talk Minnesota. 72 delegates at stake. Independents and Republicans again can vote. It is the only caucus state on this day. How does the fact that these are caucuses affect the rest?
WATSON: You'll see lower turnouts. So instead of 100,000 people, you'll probably see close to 20,000 to participate. Organization becomes important here. Making sure your people actually show up. They have changed the rules here to make it easy. It is not like Iowa where you have to show up and stay for two hours. This time, you show up, you check off a ballot, and you if you want, you can go home after 15 or 20 minutes.
COOPER: Minnesota also has a history of populism. Does that help Edwards?
WATSON: It could. You remember, they like to go for people like Paul Wellstone, Hubert Humphrey, and others who sounded that economic populace theme. Something akin to his "Two Americas" theme. Could help him here. We'll see.
COOPER: Again in the state, what does each candidate need to do?
WATSON: For Edwards you got be able to woo the Dean vote. If you can form an implicit endorsement of the Dean people or Dean himself, probably not, that would help Edwards. If you're Kerry, you can't look like a front-runner. You've got to be aggressive. Kerry was there this weekend and probably needs to come back one more time. You might even think about doing something strange, running television ads in a caucus state.
COOPER: All right. Put on the hat, some predictions, Georgia.
WATSON: Georgia, I say, in the end Kerry beats the local southern guy. Probably, wins high single digits. That's absent some big thing that happens at the debates or some major endorsement.
COOPER: And Minnesota.
WATSON: You ready for an upset?
COOPER: Yes.
WATSON: I say Edwards can squeak this one out by one or two points. Remember this is a state right next door to Iowa, right next door to Wisconsin, place that is Edwards closed to within single digit. Five points in Iowa, four points or five points in Wisconsin. And this time you don't have Clark taking votes, Dean taking votes. Be careful. And you heard it here first if it happens.
COOPER: We'll replay the tape on Wednesday morning. All right, Carlos Watson, thanks, very much.
You'll be back tomorrow talking about two more states that play on super Tuesday. WATSON: Every day this week.
COOPER: All right. All part of our series, "10 States, Five Days.
Coming up, Martha Stewart return to court today. We'll find out how her business manager may have made the prosecution case against her difficult.
Also tonight, the manslaughter trial of Jayson Williams. A witness describes how the former NBA star may have staged a suicide.
And a little later Jeanne Moos takes a look at the merchandising tie-in his with Mel Gibson's "The Passion of the Christ."
(COMMERCIAL BREAK)
COOPER: Time now for "Justice Served." More on the Martha Stewart case. It could go to the jury by the end of the week depending when she or her broker Peter Bacanovic takes the stand. So where does the case stand from today?
"360" legal analyst, Kimberly Guilfoyle Newsom is here, along with "Celebrity Justice" correspondent, Carolina Buia. Good to see both of you.
Kimberly, let me start off with you.
Martha Stewart's business manager testified today, and she basicly confirmed that there was a standing order to sell ImClone shares at 60. Martha Stewarts has got to be sighing a big sigh of relief.
KIMBERLY GUILFOYLE NEWSOM, 360 LEGAL ANALYST: A big sigh of relief. Especially since the prosecution case was so solid, and went in so well. I think this really important, because it corroborates what she has had say, what Bacanovic has said all along, that they had this standing order. The stop lose order. I think it is powerful evidence in her favor and could make the difference about whether or not she's going to testify or not.
COOPER: Was there reaction when she said that there was this standing order?
CAROLINA BUIA, CELEBRITY JUSTICE CORRESPONDENT: No. As Kimberly was saying, this is important because if Martha won't take the stand and Peter Bacanovic won't take the stand, you need someone to speak for the $60 prearranged number.
COOPER: And she did that today.
BUIA: And she did that today.
COOPER: Bill Cosby was in the court today, sitting I guess, right behind Martha Stewart. Sort of brought in by the Stewart camp. What was the reaction to that. BUIA: He had sunglasses on. You know what, surprisingly enough I don't think anybody on the jury recognized who he was. He was nondescript. he had his sunglasses on. But let me tell you, during the recess, all the reporters went up and we were asking him what he was doing here. He said, hey, I've known Martha many years, for nine years he said. I've brought some Jello, chocolate Jello for everyone here.
COOPER: He's pitching Jello?
BUIA: He's pitching Jello.
COOPER: Kimberly seriously, though why bring someone like Bill Cosby into court. Is it to show support for his friend, Martha Stewart or is there message to that.
NEWSOM: Yes, I think it was a brilliant move. Before we had Rosie O'Donnell come, she's kind of a lightning rod for controversy and people have some mixed feelings about her.
Who doesn't love Bill Cosby?
(CROSSTALK)
COOPER: So you think she's pick asking choosing which friends she invites to court?
NEWSOME: If you're going to bring someone, why not bring Bill Cosby. He's the pudding guy. He's the champion of kids. Everybody likes him. You can't even think about him without smiling. So I think that was actually a good move. It softens her.
BUIA: Interestingly enough, he was on Martha Stewart's show just a few days ago in a rerun.
COOPER: Was he really? That was a rerun though.
Let's talk about the judge. Do you think the judge is likely to throw out some of these charges? The defense wants all the charges thrown out, of course that not going to happen. But the biggest charges, do you think they're going to be thrown out?
BUIA: Well, the biggest is securities fraud which carries the maximum of 10 years in prison. And on Friday, the she seemed to be leaning towards throwing this charge out. And she told the government, look right now the evidence is thin. You better go home and write up some papers on why you think I should keep this charge. And today she didn't make much mention of the securities fraud charge. So, she could hold onto it and wait until it comes to the jury or maybe throw it out right before it gets the jury.
COOPER: But this thing could be done by the end of the week?
NEWSOM: It could. If Martha decides not to take the stand, Peter Bacanovic, we could hear arguments by the end of the week. So far things are going a little bit better for the defense. But we'll have to wait and see.
COOPER: What then will we talk about? We'll find something.
Carolina Buia, thanks.
Kimberly Guilfoyle Newsom, thanks.
Well, gripping testimony in another high profile case, that of former basketball star Jayson Williams on trial for manslaughter.
CNN's Jason Carroll is following this trial.
(BEGIN VIDEOTAPE)
JASON CARROLL, CNN CORRESPONDENT (voice-over): It is the most damaging testimony so far in the Jayson Williams manslaughter trial. It came from Dean Bumbaco, the first witness to testified who was inside Williams New Jersey home when the former NBA player giving a tour.
DEAN BUMBACO, WITNESS: I heard a large boom, explosion, something. So first I wasn't sure what it was.
CARROLL: Bumbaco, a guest, ran to a bedroom where he found Gus Christofi, Williams limousine driver, lying in the fetal position gasping for air.
BUMBACO: Some people said we have to call 911. And then other people were saying, maybe -- maybe not. Maybe we need to think about it.
CARROLL: Bumbaco a landscaper and casual acquaintance of Williams, told jurors he watched while Williams tried to make it look like Christofi had shot himself.
BUMBACO: Mr. Williams, tried to put the gun in his hand and tried to close his hand up on the gun. But I don't know if he could get his hand in there, but he tried to close his hand up on the gun.
CARROLL: Bumbaco told police Christofi shot himself and later said he lied because William told him do. But on cross-examination, the defense challenged Bumbaco.
BUMBACO: For some reason...
UNIDENTIFIED MALE: Answer yes or no.
BUMBACO: Yes, I think we know the reason.
UNIDENTIFIED MALE: Would it be fair for you to say to the jury, you don't like him?
BUMBACO: That's correct.
CARROLL: The defense pointed to inconsistencies in Bumbaco's statements, describing what Williams said following the shooting. (END VIDEOTAPE)
CARROLL: Still expected to testify against Williams, two guest whose have pleaded guilty to evidence and also tampering with witnesses and, at this point, Williams has already denied those allegations -- Anderson.
COOPER: All right, Jason Carroll live from New York. Thanks Jason.
Still to come, these are not your ordinary hardware store nails. We are going to show you how "The Passion of the Christ" is creating a very unusual kind of merchandising.
Also tonight, Stephen King does it. Herman Wouk did it. Now it is Whoopi Goldberg's turn. That and more in tonight's "Current."
(COMMERCIAL BREAK)
COOPER: All right. Time to check on pop news in tonight's "Current." Let's see what's going on.
Whoopi Goldberg is joining the list of celebrities who write children's books. Goldberg is thrilled about her new occupation, which some observers hope takes up all her time, making it impossible for her to ever, ever appear on TV or film again. Some people say that. I don't know.
Sylvester Stallone is teaming up with reality producer Mark Burnett for "The Contender," an NBC show that will focus on a nationwide search for a real-life Rocky. Take note, if you're a slurring, dim-witted collector for a loan shark who likes to beat up carcasses, this could be your big break. Thank you. A strict set of rules -- if the guys laugh, then I know it's all right.
A strict set of rules will be enforced for the commercials that air during the Academy Awards. The Motion Picture Academy will be monitoring the ads to make sure they are dignified and tasteful. The Academy's announcement has struck fear in the heart of Carrot Top. Do we have a picture of Carrot Top? Apparently not.
Mel Gibson's "The Passion of the Christ" opens nationwide Wednesday, but already the critics are making their feelings known. David Denby of "The New Yorker" panned it big time, saying "The Passion" is one of the cruelest movie ever, a spot previously held, of course, by "Glitter." Congratulations, Mariah, you are officially off the hook.
It is probably the most brilliant marketing strategy the movie business has seen since -- well, maybe since ever. Mel Gibson's movie, "The Passion," has ignited controversy and gaining credible buzz and is about to open in 2,800 theaters nationwide. All this for a film that is acted in ancient Aramaic and Latin and which even Gibson says is, quote, "over the top in violence." And the spin-offs, you will not believe the spin-offs. CNN's Jeanne Moos has that.
(BEGIN VIDEOTAPE)
JEANNE MOOS, CNN CORRESPONDENT (voice-over): These nails aren't destined for the hardware store. They're destined to dangle around your neck. Crucifixion nails.
UNIDENTIFIED MALE: As powerful, and maybe even more powerful than the cross itself.
MOOS: One magazine dubbed Mel Gibson's movie "the greatest story ever sold," and they are selling the usual stuff. But it's the nail pendant that hammers home the point about what Christ is said to have suffered.
UNIDENTIFIED MALE: These were not nails. These were major spikes. Think of a railroad spike.
MOOS: Scaled down in size, the nails refer to a verse from Isaiah, "he was pierced for our transgressions."
UNIDENTIFIED MALE: I wore it to church one evening. And hey, that's cool, where did you get that nail?
MOOS: The larger size sells for 17 bucks at Christian bookstores.
UNIDENTIFIED FEMALE: Kind of weird.
UNIDENTIFIED FEMALE: Not my style.
UNIDENTIFIED FEMALE: It's pretty cool, though.
UNIDENTIFIED FEMALE: I'd rather have a diamond around my neck.
MOOS: These days, you can buy everything from a dashboard Jesus to an action figure to Jesus wrapping paper. Even the cross has become decorative.
UNIDENTIFIED MALE: The power of the cross as an instrument of death, suffering and torture has largely been lost.
MOOS: Now, the nail gets its moment. A special on Pax about the making of the movie showed the special effects.
UNIDENTIFIED MALE: The spike will go in. And there is a blood tube down here.
MOOS: Some folks sound cross about the nail.
UNIDENTIFIED MALE: Why do you need to make money off of Jesus?
MOOS: Cartoons aside, the company making the nails says it is donating 10 percent to the church.
This guy slipped one the nail over his Satan t-shirt.
UNIDENTIFIED MALE: I feel a burning sensation. Is that supposed to happen?
MOOS: Talk about sensation. The agony of crucifixion gave birth to a word, "excruciating," literally means out of the crucifix.
Jeanne Moos, CNN, New York.
(END VIDEOTAPE)
COOPER: Well, coming up, the first family says goodbye to a friend. Just ahead on "The Nth Degree," remembering a truly loyal Washington insider.
And tomorrow, how healthy are you? Dr. Sanjay Gupta and I undergo a new wave of heart screening tests that literally can save lives, including mine. We'll talk about that tomorrow.
(COMMERCIAL BREAK)
COOPER: Tonight, taking playing dead to "The Nth Degree." Yesterday a very popular figure at the White House had a series of strokes. Knowing that there could be no recovery, those in charge regretfully did what they had to do.
On the advice of their vet, president and Mrs. Bush put Spot, the English springer spaniel, to sleep. In human years, Spot was almost 100, had lived a full life, loved the snow and his playmate Barney. Spot had nipped at the heels of high and mighty, barked and movers and shakers, been scratched by celebrities, bright and beautiful, and leaders of countries, great and small.
It was time.
To those cynics who say all the publicity Spot's death got was just an election year plea for sympathy, I'm running for reelection and my dog is dead, we say, have a little heart. It was Harry Truman who said, "if you want a friend in Washington, get a dog." As of yesterday, sad to say, President Bush is down a friend.
I'm Anderson Cooper. Thanks for watching. Coming up next, "PAULA ZAHN NOW."
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Stewart's Story>
