Return to Transcripts main page

Anderson Cooper 360 Degrees

Clarke Testifies Before 9/11 Commission; 'Under God' Under Review

Aired March 24, 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)
HEIDI COLLINS, CNN ANCHOR (voice-over): Highly anticipated testimony before the 9/11 commission today. The man who started the firestorm takes the hot seat.

Support the pledge or purge the prayer, how one father's case could ban God from the Constitution.

Israeli troops lock would-be suicide bomber, he's 14 years old. We have the dramatic footage.

Dirty tactics or admissible defense, Kobe and his accuser's first face-to-face encounter over her sexual history.

Has weight loss wisdom left you dazed and confused? If you (UNINTELLIGIBLE) the low carb bandwagon with zero results, it could be due to low carb labeling.

(END VIDEOTAPE)

ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.

COOPER: Good evening everyone and welcome to 360. Anderson is off tonight. I'm Heidi Collins.

An emotional day in court in the Kobe Bryant case, the NBA star comes face-to-face with his accuser as she's ordered to answer questions about her sexual history, more on that just ahead.

But first tonight, Clarke's charges under oath. The former counterterrorism adviser to President Bush, now critic, testifies before the 9/11 commission along with past and present members of the Bush and Clinton administrations.

CNN National Security Correspondent, David Ensor reports.

(BEGIN VIDEOTAPE)

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): Before the 9/11 commission, Richard Clarke reaffirmed and sharpened his attack on the Bush administration he once served for failing, he says, to do enough to protect the nation against al Qaeda terrorism in its first eight months in office. RICHARD CLARKE, FMR. COUNTERTERRORISM ADVISER: And I thought if the administration doesn't believe its national coordinator for counterterrorism when he says there's an urgent problem, and if its unprepared to act as though there's an urgent problem, then probably I should get another job.

ENSOR: Clarke said President Bush further damaged national security by going to war against Saddam Hussein.

CLARKE: By invading Iraq, the president of the United States has greatly undermined the war on terrorism.

ENSOR: But there was plenty of blame to go around for the FBI...

CLARKE: I know how this is going to sound but I have to say it. I didn't think the FBI would know whether or not there was anything going on in the United States by al Qaeda.

SAMUEL BERGER, FMR. NATIONAL SECURITY ADVISER: Not only did we not know what we didn't know but the FBI didn't know what it did know.

CLARKE: And after hearing Clinton and Bush administration officials all say they just didn't have the actionable intelligence with which to successfully attack Osama bin Laden and al Qaeda before 9/11, the commission peppered the intelligence director with questions.

LEE HAMILTON, COMMISSION VICE-CHAIR: Why were we unable to do it?

GEORGE TENET, CIA DIRECTOR: We didn't steal the secret that told us what the plot was. We didn't recruit the right people or technically collect the data notwithstanding enormous effort to do so.

ENSOR: And if they could have found bin Laden, even killed him, would it have made any difference?

TENET: Decapitating one person, even bin Laden in this context, I do not believe it would have stopped this plot.

ENSOR (on camera): Commission members suggested there may be plenty of blame to go around. For present and former policymakers it was a nerve-wracking day in the hearing room or close to a television set.

David Ensor, CNN, Washington.

(END VIDEOTAPE)

COLLINS: Moments after testimony wrapped up on Capitol Hill today, Condoleezza Rice at the White House rebutted Clarke's charges saying his statements were "arrogant in the extreme."

CNN's Senior White House Correspondent John King heard Rice's rebuttal and joins us now live with the details, John, good evening. JOHN KING, CNN SR. WHITE HOUSE CORRESPONDENT: And, Heidi, Condoleezza Rice tonight saying it is a scurrilous allegation from Richard Clarke to suggest that the president did not take the terrorist threat seriously. Rice saying that she personally ordered Richard Clarke two months before the September 11 attack to put domestic agencies, including the Federal Aviation Administration, on high alert for a possible attack. She said Mr. Clarke said he had done all that. Now, tonight, Condoleezza Rice says Richard Clarke can't have it both ways.

(BEGIN VIDEOTAPE)

KING (voice-over): Under oath, asked if President Bush took the al Qaeda threat seriously before the September 11 attacks.

CLARKE: While I continued to say was an urgent problem I don't think it was ever treated that way.

KING: But the star witness at the 9/11 commission hearings quickly had his credibility called into question.

JAMES THOMPSON (R), COMMISSION MEMBER: We have your book and we have your press briefing of August, 2002. Which is true?

KING: In the book, former White House counterterrorism czar Richard Clarke accuses Mr. Bush of underestimating the al Qaeda threat and ignoring warnings before the 9/11 attacks.

ANDREW CARD, WHITE HOUSE CHIEF OF STAFF: Dick Clarke is just flat out wrong.

KING: To support its case, the White House highlighted, and the Bush campaign distributed, the glowing assessment Clarke offered back in August, 2002 when he said: "So the president recognizes very early on that you don't want to roll back al Qaeda over this long period of time. You want to eliminate al Qaeda on a much more accelerated time table."

In that same August, 2002 press briefing, Clarke said Mr. Bush made clear he wanted to "vigorously pursue" covert operations that had the authority to kill Osama bin Laden and was moving to push Pakistan "to break away from the Taliban."

Clarke says there is an easy explanation and in August, 2002 he was on the White House payroll and had to be loyal.

CLARKE: I made the case I was asked to make.

KING: But the White House says Clarke was telling the truth then and is trying to sell a book now.

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: This shatters the cornerstone of Mr. Clarke's assertions.

(END VIDEOTAPE) KING: Now this here is an e-mail released by Condoleezza Rice tonight. It's an e-mail to her from Richard Clarke four days after September 11 and, Heidi, it is quite interesting. Richard Clarke wrote: "When the era of national unity begins to crack" he said he was worried that some would start asking questions. Did the White House do enough to put the nation on alert?

Richard Clarke details his own efforts to do just that and he concludes the e-mail by saying: "The White House did ensure that domestic law enforcement, including the FAA, knew that the White House believed that a major al Qaeda attack was coming and it could be in the United States and did ask that special measures be taken."

Condoleezza Rice, Heidi, saying if Richard Clarke could write this how could he say what he's saying now?

COLLINS: All right, John King live from Washington tonight. John, thanks so much.

And Clarke's charges and more White House reaction ahead a little bit later right here on 360.

We are also following several developments out of Iraq tonight. One hundred days to sovereignty, in a speech today in Baghdad to U.S. and Iraqi dignitaries, U.S. Administrator Paul Bremer said Iraq is "on the path to full democracy," but Bremer admits "much remains to be done in the next 100 days."

Those words ringing true in Fallujah, where insurgents destroyed this U.S. Marine's vehicle with a roadside bomb and then opened fire. Six Iraqis were killed, seven others wounded, including two Marines.

Meanwhile in Basra, Iraqi firefighters and British soldiers are battling a blaze on Iraq's main oil pipeline. Authorities believe the break in the pipeline may have been caused by poor maintenance, not sabotage.

Back in the United States, as demonstrators defended "under God" in the Pledge of Allegiance, the Supreme Court today began considering whether the phrase is unconstitutional when children recite it in public schools.

National Correspondent, Bob Franken reports.

(AUDIO GAP)

COLLINS: It looks like we're having a little bit of trouble with that tape. We, of course, will bring that story to you a little bit later on tonight.

Well, is the girl at the center of the pledge battle being unfairly used by her father? Coming up also a little later we will hear from the girl's mother, hear what she's saying about today's arguments before the Supreme Court.

Moving on now to Eagle, Colorado, just a short time ago the young woman accusing Kobe Bryant of rape was in court. For three and a half hours in a closed hearing she answered questions about her sexual past. It's the first time the NBA star has seen his accuser since the alleged attack.

With more now, here's CNN's Gary Tuchman.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): For the first time since they were in a Colorado hotel room together nearly nine months ago, Kobe Bryant and the woman who has accused him of rape saw each other face to face inside this courtroom where the accuser has been compelled to answer questions from Bryant's attorneys about other sexual encounters. No reporters are allowed inside.

CRAIG SILVERMAN, COLORADO ATTORNEY: They'll probably start off sensitive and slow. It will be toward the end before they get belligerent and a little tougher.

TUCHMAN: Bryant's lawyers say injuries the woman says she suffered at the hotel while having sex with Bryant could have come from a different sexual encounter and want the judge to listen to the evidence and allows its introduction during a trial.

SILVERMAN: The questioning is going to be x-rated and intimate. Not only will they ask about sex acts, they're going to ask about foreplay, sexual positions, duration, all the sorts of intimate questions that a person would normally not want to answer, let alone under oath in front of strangers.

TUCHMAN: The accuser entered the courtroom in a business suit, a serious expression on her face. CNN has decided not to show images of her.

The Colorado Rape Shield Law ordinarily does not allow a woman's sexual past to be used as evidence but exceptions are made.

KATHIE KRAMER, RAPE ASSISTANCE AND AWARENESS PROGRAM: So, if there is evidence then it certainly needs to be sought out because Kobe Bryant deserves a fair trial but we don't want it to turn into this fishing expedition where they're going back years and years and asking about, you know, every sexual encounter she's ever had because we don't feel that that is relevant.

(END VIDEOTAPE)

TUCHMAN: After her three and a half hours on the stand, the woman was excused. We can tell you that even though we weren't allowed in the courtroom, we saw her as she entered because they left the courtroom door open for a time. She went immediately to the stand and she glanced in the direction of Kobe Bryant. The Laker guard glanced back at her.

When she left the courtroom she looked very serious but she did smile for a few seconds. The hearing continued with her friends testifying and also alleged sexual partners. It ended about 20 minutes ago and will continue tomorrow. We can tell you Kobe Bryant is now racing back to Los Angeles for a Laker game tonight. He will then get on his plane after the game and come back here for part two of this hearing -- Heidi, back to you.

COLLINS: And, Gary, obviously you've been outside that courtroom all day long. Can you tell us if the young woman had any friends or family with her best you could tell?

TUCHMAN: Well, we can tell you because the courtroom is closed, no friends and family were allowed inside, just like us, but her mom and dad were in the hallway sitting down waiting for their daughter to come out and they left with her when she did come out.

COLLINS: All right, Gary Tuchman thanks so much live from Eagle, Colorado tonight.

And we are following a number of developing stories right now "Cross Country." New York, another record high for gas prices, AAA says the average price for a gallon of regular gasoline has hit $1.74. That's up two-tenths of a cent from yesterday's record.

Washington, approval for potent painkiller, the Food and Drug Administration says generic versions of the painkiller OxyContin can go on the market. The move could save money for people with long term pain but there are worries it could also spur more abuse of the drug, which can produce a quick and deadly high depending on how it's used.

New York, rehab cut short, reports out of the Big Apple that singer Whitney Houston left rehab after only five days of treatment but a spokeswoman says the singer is continuing the prescribed treatment. The source says Houston is staying somewhere in the Atlanta area.

Meanwhile in Boston, Whitney's husband Bobby Brown back in court but late. Houston's husband singer Bobby Brown was more than four hours late for a court appearance in Boston today. Brown was released from an Atlanta-area jail Monday for the hearing in a paternity case.

Detroit, Queen of Soul out of the hospital, singer Aretha Franklin went home today. She had been admitted to the hospital Saturday coughing up blood. Her doctor thinks it was a reaction to an antibiotic, and that's a look at stories "Cross Country" tonight.

False claims about weight loss products, a TV shopping channel gets slapped with a fine, find out if you've taken one of the fat pills that has QVC in hot water.

Also tonight, a dramatic shocking incident at a West Bank checkpoint, a kid suicide bomber strapped with explosives. See for yourself how this went down.

And, extreme rescue, in subzero temperatures a mountain hike that turned deadly.

But first let's get a look "Inside the Box" at the top stories on tonight's network newscasts.

(COMMERCIAL BREAK)

COLLINS: Today at a checkpoint in the West Bank, drama surrounding a young boy and a bomb. The moment was tense, the pictures dramatic.

Reporting from Jerusalem now, here's Paula Hancocks.

(BEGIN VIDEOTAPE)

PAULA HANCOCKS, CNN CORRESPONDENT (voice-over): A 14-year-old Palestinian with eight kilograms of explosives strapped to his body, the boy was stopped at a checkpoint near the West Bank city of Nablus. When soldiers asked him to lift his shirt, they saw the explosives.

CAPT. SHARON FEINGOLD, IDF SPOKESWOMAN: He was frightened by the sharp and quick reaction of the soldiers who pointed the guns and stopped him and he raised his hands. At that time, we grabbed him and persuaded him to assist us to dismantle him of the suicide vest that he was wearing.

HANCOCKS: The boy told the soldiers he didn't want to die. He didn't want to blow up. Explosive experts used a remote-controlled robot to pass the boy scissors so he could cut the explosive belt from his body. He struggled with the straps before removing the vest and showing soldiers he had no more explosives.

The IDF blew up the vest. Shortly afterwards, the boy was shown to reporters, no questions allowed. The boy was then taken for interrogation to find out exactly who sent him and if he was coerced.

Paula Hancocks, CNN, Jerusalem.

(END VIDEOTAPE)

COLLINS: We're tracking a number of developing stories around the globe right now. Let's check the "Up Link."

Paris, terror averted: a bomb was diffused today on a train line outside the French capital. It's the second bomb found on a French rail track in just over a month. No immediate claim of responsibility.

Gaza City, assassination aftershock: this man Abdel Aziz Rantisi, the new Hamas leader, says he has no plans to retaliate against the U.S. after Israeli forces killed Sheikh Yassin, but Hamas says it could target Israeli Prime Minister Ariel Sharon.

Madrid, Spain, nation in mourning: a state funeral today for the 190 victims of the terror bombings. World leaders joined the Spanish royal family, including U.S. Secretary of State Colin Powell. After the memorial, Spain announced two more suspects have been charged in the attacks bringing the total to 11.

Outside Mexico City, Mexico, race against time: British rescuers tomorrow will attempt to save five British explorers and their guide who are trapped by floodwaters in an underground cave. They have been stranded since last Thursday.

London, tabled water: Coca Cola is postponing its re-launch of Dasani bottled water in the U.K. The water was pulled from British shelves last week over a contamination scare. The rest of Europe will also have to wait before Dasani is sold there and that is tonight's "Up Link."

Now to dieting and the products that promise to slim us down. In 2003 alone, Americans spent about $2 million on weight loss supplements. The ads make them seem so simple to take and so effective but are those claims accurate? Today federal regulations took action.

CNN's Christy Feig has the details.

(BEGIN VIDEOTAPE)

CHRISTY FEIG, CNN CORRESPONDENT (voice-over): The Federal Trade Commission filed a complaint against the 24-hour shopping channel QVC for several weight loss products they sold.

JONI LUPOVITZ, FTC: QVC violated a previous Federal Trade Commission order and made false and unsubstantiated claims about weight loss products and other dietary supplements.

FEIG: The FTC has been watching the QVC closely since its settlement with the company in 2000 over what the FTC says were un- backed claims on a different product.

(on camera): As part of that settlement, the QVC agreed to make sure all future health claims on dietary supplements are backed by science.

(voice-over): The products at issue Wednesday include For Women Only "Zero Fat" Pills, which the FTC alleges QVC claimed prevent fat absorption, and For Women Only "Zero Carb" Pills, which FTC says QVC claimed prevent sugar and carbs from being stored as fat.

In response to today's action, the QVC says: "We work extraordinarily hard to make sure that our 24-hour live broadcasting meets the highest possible standards of truthfulness and we are ready to demonstrate that fact to the Court."

The FTC says this time the company could pay millions in civil penalties and reimburse consumers. In the meantime, they remind consumers if the claims sound too good to be true they probably are.

Christy Feig, CNN, Washington.

(END VIDEOTAPE)

COLLINS: Happening right now on the high seas, scientists race against time to save an injured whale, find out if they have any chance of success. Also tonight, church versus state, the battle over "under God," we'll talk to the mother of the girl at the center of this controversy.

And a little later, carb confusion take two, it's a labeling free for all so how do you know what's good, bad and useless to your diet Dr. Sanjay Gupta with a one stop shopping guide.

(COMMERCIAL BREAK)

COLLINS: Off the coast of the Carolinas tonight, a frantic rescue effort continues. A team of scientists is trying to free an endangered right whale entangled in a web of fishing gear and buoys. You see him there.

Joining us now on the phone with the very latest on the operation, Bob Bowman, he's with the Center for Coastal Studies. Mr. Bowman, can you hear me all right?

BOB BOWMAN, SCIENTIST, CENTER FOR COASTAL STUDIES (via telephone): I can hear you fine, thank you.

COLLINS: I know that your team reached the whale today but then had to turn around and go back because of inclement weather. How's the whale doing?

BOWMAN: The whale is relatively healthy. We don't think it's been entangled that long, so it hasn't really, we haven't really seen a lot of effects from the entanglement yet. When they got to the whale today, it was just too difficult to work on it. It was just too rough to approach it in the small boats that we need to work from.

COLLINS: So, I imagine that even by sight you have a way of determining the amount of stress or stress level on this whale. It didn't seem to worry anyone too much at this point.

BOWMAN: Well, it was -- it was -- it avoided the boat today. They did launch a boat from the Coast Guard cutter that took them out and get out to the animal to -- they actually took some samples and, you know, made sure that the telemetry equipment was working well and that sort of thing and the animal is very unapproachable today compared to when we worked on it on Saturday. We were then about 80 miles offshore.

COLLINS: Right, well the pictures are just incredible that we're looking at right now. How did all this happen in the first place?

BOWMAN: Well, that's hard to say. I mean it's a very common occurrence for whales to become entangled. Over 70 percent of the right whales in the North Atlantic have been entangled at some point and these are the ones that survived, so we really don't know how many are dying from entanglements.

But basically they swim along and they run into this, they run into ropes that are in the water column or nets. In this case it's just some ropes and, you know, in the struggle to free themselves they might make it even worse.

In this case, the whale has multiple wraps of line around each of its front flippers. On the right flipper there may be 20 or 30 wraps of line that are just jammed tight around there, so it's the kind of entanglement that we unfortunately don't have much success with, very difficult to work on.

COLLINS: I can only imagine. All right, Mr. Bowman, we certainly appreciate your time tonight. We, of course, will keep our eye on this situation and check back with you to learn more as it continues.

BOWMAN: OK.

COLLINS: Bob Bowman, scientist for the Center for Coastal Studies, thanks so much tonight.

(BEGIN VIDEOTAPE)

COLLINS (voice-over): Clarke has spoken. The White House counteroffensive continues. Tough questions investigate failure at the highest levels.

Getting the best of you, help yourself stick to a healthier lifestyle with net carbs.

Deadly day hike leaves one couple stranded in subzero temperatures, we'll have the riveting bittersweet rescue.

ANDERSON COOPER 360 continues.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

COLLINS: Catching up with some of our top stories, here's "The Reset" now.

Washington, embassy threatened, the U.S. Embassy and Consulate in Dubai are closed until at least Saturday due to a bomb threat there. U.S. diplomats say a suspect is under arrest. The State Department also temporarily closed embassies in Saudi Arabia, Bahrain and Mauritius today due to threats and demonstrations against U.S. interests. The Saudi and Bahrain embassies quickly reopened.

Travis Air Force Base, Colorado, GITMO spy suspect, the Syrian- American airman accused of spying while working at the prison camp in Guantanamo Bay, Cuba is asking a military court to dismiss the case. In pretrial motions today, the former Air Force translator's attorney alleged lack of access to documents needed to defend him.

Washington: Paint ball gun warning. The government is alerting paint ball gun users as it investigate two deaths caused by canisters flying off the guns. The Consumer Product Safety Commission says if you haven't unscrewed the canister from the gun within four full turns, stop. Washington: fat threatens kids, as public schools continue to drop Phys Ed and sell junk food from vending machines. A new report calls obesity the most widespread health problem facing American children. The Child Well Being Index released today says so many youngsters are overweight that the effects have wiped out many other health gains.

And that's tonight's "Reset."

Today the Supreme Court: a battle over 2 words. Demonstrators defended under go in the Pledge of Allegiance as the highest court in the land began considering whether the phrase is unconstitutional when children recite it in public schools. National correspondent, Bob Franken, reports.

(BEGIN VIDEOTAPE)

BOB FRANKEN, CNN NATIONAL CORRESPONDENT (voice-over: As demonstrators rallied outside...

CHILDREN: I pledge allegiance to the flag.

FRANKEN: ...inside as usual the justices began after the words "god save the United States and this honorable court." Atheist Michael Newdow came to argue on his behalf, not usual. He doesn't want his daughter saying under god in the pledge.

MICHAEL NEWDOW, PLAINTIFF: I have an absolute right to know that when my child goes to the public schools she won't be indoctrinated to any religious dogma.

FRANKEN: But first, the debate over whether Newdow could even bring the case, because the child's mother has custodial rights. She supports saying under god.

SUSAN BANNING, MOTHER: As a mother, as a Christian and American, as I said, I'm hoping the court will resolve this issue today.

FRANKEN: Bush administration solicitor General Ted Olson, under god is merely ceremonial patriotic exercise.

Newdow: to say this is not religious is somewhat bizarre. Although supremely inexperienced, Newdow calmly parried what the seemingly skeptical Supreme Court.

Chief Justice William Rehnquist: what if the school asked your daughter to sing "God Bless America?" No response.

Justice David Souter called under god not a prayer, but tepid, diluted, beneath the constitutional radar.

(on camera): Newdow acknowledged the political uproar saying that after the lower court ruling, quote, "the country went berserk."

The justices will have to decide if they want to try and calm things down. Bob Franken, CNN, the Supreme Court. (END VIDEOTAPE)

COLLINS: Today I spoke with the girl's mother, Susan Banning. You just in Bob Franken's story. I started off by asking her if she thought the words under god expressed a religious belief.

(BEGIN VIDEOTAPE)

BANNING: Inserting the words under god into the pledge did not turn the pledge into a prayer. We're still pledging allegiance to our country and to our flag, and when Congress inserted those words way back in 1954, we had a very broad view regarding the definition so that it would apply to all Americans of all beliefs.

COLLINS: Well, your daughter's father has been very, very vocal about his beliefs on this issue. But wondering more a little bit about how your daughter feels about saying the pledge.

BANNING: She's actually never objected to saying the pledge, and she continues to say the pledge now in her class. She's volunteered to be the leader in her class, you know, as teachers request, you know, who would like to be the line leader, the door monitor or reciting the Pledge. She will be the first one to raise her hand. So there isn't -- we have not presented it in a way to her that would cause her to not desire to participate in her class.

COLLINS: But are you opposed to the idea of the separation of church and state?

BANNING: No. I'm not opposed to it. My opposition to -- with Mr. Newdow in regards to this case was simply the use of the child as a way to gain sympathy with the court claiming that the child had been harmed. It is not my desire to interfere with his due process.

COLLINS: And now that being said, as I'm sure you are aware, there is a lot of publicity, that is, surrounding all of this. How is it affecting your daughter?

BANNING: Well, it was pretty emotional. We had a number of heart-to-heart talks. But over the course of time, we've come to realize this is just not a matter for our family. This is a matter -- this is a national matter. It affects every household and every family and every school child in this country.

COLLINS: All right. Ms. Sue Banning, we certainly appreciate your time tonight. Thanks for being with us.

BANNING: Thank you.

(END VIDEOTAPE)

COLLINS: Now to the 9/11 commission. Richard Clarke testified today. Clarke told the panel that he was frustrated by the Bush administration's response to terrorism, a response he called inadequate. Earlier today I spoke to Jim Wilkinson, the Bush administration's deputy national security adviser for communications about terror and intelligence.

(BEGIN VIDEOTAPE)

COLLINS: Mr. Wilkinson as you know, Richard Clarke testified today in front of the 9/11 commission and did not mince his words against the Bush administration. In fact, we want to go ahead and listen in to some of the sound that he said today.

RICHARD CLARKE, FMR. COUNTER TERRORISM ADVISER: My view was that this administration, while it listened to me, didn't either believe me that there was an urgent problem or was unprepared to act as though there were an urgent problem.

COLLINS: What would the White House consider to be an urgent problem?

JIM WILKINSON, DEP. NATIONAL SECURITY ADVISER: Al Qaeda. Dick Clarke, there seem to be two Dick Clarkes now. Today, the White House allowed the transcript to be released which showed that in August of 2002 he told a group of journalists, including a CNN journalist, that the president did a good job, that he had been pushing for an aggressive strategy not to roll back al Qaeda, but to eliminate al Qaeda. There seem to be two Dick Clarkes. And as the commissions said today, his credibility has been called into question.

COLLINS: Do you consider the action that was taken appropriate?

WILKINSON: Yes. This president said he was tired of swatting at flies. Dick Clarke said that this president was tired of swatting at flies. This is a president who didn't want to just launch cruise missiles. He wanted to go after al Qaeda where it lives, where it hides and where it plots, and where it raises money, frankly. And this is a president who has done it.

I will remind you that since George Bush has been president, the Taliban terrorist regime is taken out of power and has been replaced with a new government. The terrorist regime in Iraq has been taken out of power. The terrorists are losing territory all over the world from which to launch operations.

COLLINS: All right. Let me ask you another question, then, about Richard Clarke. Vice President Cheney said that Richard Clarke, the counter terrorism coordinator, as you know, and I quote here now, "wasn't in the loop, frankly, on a lot of this stuff." Does it seem odd that someone as important as the counter terrorism coordinator could be out of the loop on serious matters as this?

WILKINSON: Does it seem odd that he was focused on meetings while the officials were in the field looking for terrorists? Let me remind you that the vast majority of the people that are out there look for al Qaeda -- these are career servants, these are sergeants and enlisted young men and women in the military who are in Afghanistan right now hunting down the bad guys.

These are treasury agents working around the clock all over the world to seize terrorist finances. These are drug agents trying to take away drugs that the terrorists may try to sell for money.

So, Dick Clarke, again, seems to have been focused on doing book interviews, as the commission said today and those sorts of things, while this is an administration that's focused on going after these terrorists.

COLLINS: All right. Let's talk about Condoleezza rice for a moment if we could. Commission members, as I'm sure you are aware, complained again today that Condoleezza Rice did not testify publicly in front of the commission. Can you shed some light on that for us?

WILKINSON: Well, she spent more than four hours with the commission. And as she said earlier today, she's willing to meet with them any time, anywhere...

COLLINS: But it was not in public.

WILKINSON: ...to talk about this issue. Dr. Rice and this White House has cooperated, providing more than 800 tapes to the commission, allowing them to view and be part of thousands of pages of documents, including the president's daily brief, which is the most sensitive document we deal with here at the White House.

You know, again, she, by constitutional provisions is precluded from, because of separation of powers issues, from testifying publicly, yet she's spending all the time with the commission. The American people want to know that their government is working to hunt down terrorists and they also want to know that their government is working to find out how 9/11 happened. And that's what this administration is doing, we're not focused on selling books and timing interviews and that sort of thing. We are focused on hunting down al Qaeda.

COLLINS: All right. Mr. Wilkinson, deputy national security adviser, we certainly appreciate your time tonight.

WILKINSON: Thank you.

(END VIDEOTAPE)

COLLINS: The back and forth will continue. You can hear Richard Clarke's side of the story on LARRY KING LIVE. That's tonight at 9:00 p.m. Eastern right here on CNN.

Kobe Bryant back in court where he comes face to face with his accuser who is forced to talk about her sexual history. Our legal experts weigh in.

Also, ahead, a couple stranded and rescued. But there is heartache tonight.

And stopping carb confusion. How food labels can help every dieter.

(COMMERCIAL BREAK) COLLINS: Now, "Justice Served." Today, in a Colorado courtroom, Kobe Bryant's accuser faced potentially painful questions about her sexual past. The issue here is whether her sexual story is relevant to the rape case and can be used at trial. In Miami I'm joined by defense attorney Jayne Weintraub and here in New York, Court TV anchor Lisa Bloom. Lisa, hello to you as well. I want to begin with you, if I could. As you know, there has been quite a bit of discussion about whether or not forcing Kobe Bryant's accuser to testify conflicts with Colorado rape shield laws. Yes or no?

LISA BLOOM, ANCHOR, TV ANCHOR: Where is the shield in the rape shield law? Instead it is being used crudely to bludgeon her. She's dragged into court where for three hours she submits to questions presumably about every detail of her sex life. We know that there were no limits on those questions. She could have been asked questions from a year ago, four years ago. Her entire life was wide open for defense cross-examination about her sexual history. I think that's a shame.

COLLINS: Jayne, is it a shame?

JAYNE WEINTRAUB, DEFENSE ATTORNEY: It isn't a shame. First of all, you know, this isn't about her morality, this isn't about her character. This is about a very specific factual allegation that was made against Kobe Bryant. This is not about the rape shield law. The rape shield law would mean all bets are off. They could ask her anything about her promiscuity. That's not at issue here. What's at issue here is the fact that she walked into a rape treatment center, within 24 hours after having a, quote, forcible rape upon her with semen other than from Kobe Bryant.

The issue becomes, if she's claiming forcible injuries during that rape, Kobe Bryant, who is facing life in prison, is entitled to delve into what's relevant that another person could have caused this injury and the injury did not come from him. And so the judge in a very dignified proceeding in a sealed courtroom today -- there were no spectators, no public, no press, very dignified -- the court is going to make a determination after the questions were asked whether or not this will be relevant. It was not cross-examination.

BLOOM: The problem is her injuries were lacerations and bruises. A sexual assault nurse examiner has already testified those probably lasted about 24 hours. So why -- let me finish. Why would we have wide opening questioning into her sexual history more than 24 hours, more than a week in the past, going back for her entire life that was wide open. Questions about positions she may have engaged in, how vigorous her consensual sexual activity may have been. That's just too wide open. There's nothing left for the rape shield law in Colorado.

COLLINS: Let me get to what some people might consider to be a bigger issue in discussing all of this. Is it possible, Jayne, that you would under that some people might be worried that by serving this woman a subpoena to testify could possibly discourage other people from coming forward if there was a crime committed like this? WEINTRAUB: I hope not. Because the whole purpose of the rape shield law is to promote privacy and to promote a shield for victims. In this particular case, it is not piercing the rape shield law. It is only for a limited purpose with a judge only for the specific reason that even the bellman she has now alleged to have sex with that she went crying to who made the allegation of rape ten hours later. Remember, Heidi, if she didn't go to the rape treatment center with someone else's semen, or two other peoples' semen in her this never would have come up.

(CROSSTALK)

COLLINS: Jayne, Jayne, let's get a final thought. Lisa, go ahead.

BLOOM: I think what's important is what is the rape shield law supposed to shield her from? From intrusive questioning into her sexual history. She sat there in court today just a couple of feet from Kobe Bryant. His defense attorney's grilling her for hour after hour with no limits. That rape shield law is gone.

COLLINS: All right. Jayne, 10 seconds for your final thought.

WEINTRAUB: Lisa, Kobe Bryant faces life in prison. He has this woman who consented to sex knocking on his door who is accusing him of rape in front of his wife and the world and destroying his reputation.

BLOOM: We don't know if she consented or not.

COLLINS: To the both of you tonight, thanks very much as always.

Across the country. In the White Mountains of New Hampshire, a pleasant day hike suddenly turned into a couples's worst nightmare. Dan Lothian explains.

(BEGIN VIDEOTAPE)

DAN LOTHIAN, CNN BOSTON BUREAU CHIEF (voice-over): An extreme rescue and recovery operation on a frigid New Hampshire mountain where Russell and Brenda Cox had walked up a trail for a long day hike and disappeared. The couple had tackled Mount Lafayette, was a scenic trail with a deadly grip when the weather turned bad. Their two sons had not gone along.

MICHAEL THOMPSON, SON: You have to be prepared for the unexpected. The weather can change on a dime.

LOTHIAN: When the 43-year-olds described as experienced hikers, didn't return Sunday night, about 30 volunteers in government rescue teams began searching in sub zero temperatures. At times, plodding through deep snow.

LT. TODD BOGAROUS, NEW HAMPSHIRE FISH AND GAME DEPT.: Still winter here in the mountains.

LOTHIAN: New Hampshire Fish and Game officials say the couple had been trying to return to their car at the trail head when a blinding storm left them lost. Two nights stuck on the mountain. First in a snow shelter. Then in a rocky cave. Help was on the way. Would it arrive soon enough?

NEIL THOMPSON, SON: It was really cold. They weren't doing so well.

LOTHIAN: Finally, on Tuesday National Guard crews aboard a helicopter spotted Russell's yellow jacket. The couple was near the mountain's 5,200- foot summit suffering from hypothermia. Both were airlifted off the mountain then and officials announced the grim news that Brenda...

UNIDENTIFIED MALE: ...has been pronounced deceased at this time.

LOTHIAN: Russell described as doing well remains hospitalized even as family and friends deal with the shock of a devastating day hike. Dan Lothian, CNN, Boston.

(END VIDEOTAPE)

COLLINS: Getting to the truth behind the low-carb craze. Coming up. Advice on what to look for in those carb-counting food labels.

A little later in "The Current," did "American Idol" judge Simon Cowell let viewers know how he really feels?

(COMMERCIAL BREAK)

COLLINS: Yesterday we tried to clear up the confusion over good carbs and bad carbs. Well, tonight we look at how food labels define carbohydrates, giving you important tips on reading between the lines. Here is CNN medical correspondent, Dr. Sanjay Gupta.

(BEGIN VIDEOTAPE)

DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice-over): Looking for low carb labels? Sure. But is that what you're really getting? Maybe not. You see, the FDA defined reduced fat and low calorie a long time ago. But as of now, there are no set guidelines for carbohydrate labels.

Diet or no diet, carbohydrates are important. The American Dietetic Association says you need at least 130 grams a day for proper brain function, whereas low carb supporters say 40 to 60 grams is enough to feel good and lose weight, provided you take certain supplements to make up for the carb reductions.

But all those labels and that advice can be confusing. So here's a tip. Use net carbs to keep track. Net carbs are calculated by taking the total number of carbs and subtracting sugar, alcohols and good carbs, such as fiber.

DR. STUART TRAGER, ATKINS PHYSICIANS COUNCIL: Truly, a term like net carb that gives a value that people can compare. GUPTA: For the time being, however, you are not going to find net carb labels on many food products. So in the interim, food manufacturers and consumer groups have asked the FDA for a standard. Six grams per serving for an item to be called low carb, and at least 25 percent fewer carbs than the original for the reduced label.

Remember, products like breads, pastas and chips are made low carb by increasing fiber content and sugar alcohols. If you feel like you're cheating, you are a little bit. They're not meant to replace eating good carbs, such as fruits, vegetables and whole grains.

TRAGER: It's about making better food choices in general. The products are useful in helping people stick to a lifestyle that otherwise may be challenging.

GUPTA: Challenging. Well, that's a description for any diet, low carb or not.

(END VIDEOTAPE)

GUPTA: And for the record, the American Dietetic Association remains staunchly against all low-carb diets. Still, the FDA is going to begin those labeling changes later on this month, and the advice we gave you will just become officially later on this summer -- Heidi.

COLLINS: All right. We look forward to that, I think. All right, Sanjay, thanks so much.

Time to check on pop news in tonight's "Current." Firefighters had to save a Houston man trapped in a tree after he tried to get a cat down. His course of action involved a garden tool. Well, we think it's best if we let him explain his plan.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I used the water hose to pull myself up the tree. And I go up the tree, I pull on the water hose. So when I get on the water hose, I get up on the tree, pull myself off the tree using the water hose.

(END VIDEO CLIP)

COLLINS: Huh? The cat came down on its own. As for the man, we're not exactly sure where he's landed yet.

NASA scientists say water has flowed through Mars, greatly enhancing the belief that the Red Planet once sustained life. They believe all the tell-tell signs of water are present, including an iron mineral, a specific type of bedrock and most telling of all, a bikini and a beach towel.

Producers of "American Idol" may be in hot water after Simon Cowell made what looks to be an obscene gesture during last night's show. Fox sources say what Cowell did doesn't confirm to its standards of decency, kind of like most of the singing on the show. The cable TV industry will offer free equipment to let millions of subscribers block programs many deem obscene and vulgar, including shows that are pornographic, shows that are violent, and shows starring David Hasselhoff.

Hearings and spectators. No thunderous applause, but there was more than just heated talk on Capitol Hill today. We'll make "The Moost of It."

Then, tomorrow, lawyers for Kobe Bryant return to court to try and throw out evidence connected to the sexual assault case.

(COMMERCIAL BREAK)

COLLINS: The 9/11 hearings were not the place for wild cheering or booing, for obvious reasons. But on occasion, spectators punctuated the solemn atmosphere with smatterings of applause. CNN's Jeanne Moos explains why.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): There's polite applause. There are standing ovations. But what stood out about the applause at the 9/11 hearings was that it's so rarely broke through the drone of testimony.

UNIDENTIFIED MALE: I hope Dr. Rice will reconsider and come before our commission for the sake of the American people tomorrow.

(APPLAUSE)

MOOS: If you wanted a sure-fire applause line, commissioners just had to mention the no-show national security adviser.

BOB KERREY, COMMISSION MEMBER: I would love to get Dr. Rice in front of this commission, in the public, to have her answer a series of questions about that, because...

(APPLAUSE)

MOOS: Among the commission members, former Nebraska Senator Bob Kerrey got the most applause.

KERREY: And if the passengers didn't remain in their seats...

(APPLAUSE)

MOOS: Families of those who died on 9/11 seemed to be the ones doing most of the applauding.

Far more frequent than applause was a certain phrase you couldn't avoid hearing at the hearing.

UNIDENTIFIED MALE: The phrase du jour was actionable intelligence.

UNIDENTIFIED MALE: Actionable intelligence.

CLARKE: I hate to use the word, Senator, but actionable intelligence.

MOOS: But the most actionable applause line came when a commission member thanked the star witness for...

RICHARD BEN-VENISTE, COMMISSION MEMBER: Your apology for what went wrong. To my knowledge, you are the first to do that.

(APPLAUSE)

MOOS: Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

COLLINS: I'm Heidi Collins in for Anderson Cooper tonight. 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


Aired March 24, 2004 - 19:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEOTAPE)
HEIDI COLLINS, CNN ANCHOR (voice-over): Highly anticipated testimony before the 9/11 commission today. The man who started the firestorm takes the hot seat.

Support the pledge or purge the prayer, how one father's case could ban God from the Constitution.

Israeli troops lock would-be suicide bomber, he's 14 years old. We have the dramatic footage.

Dirty tactics or admissible defense, Kobe and his accuser's first face-to-face encounter over her sexual history.

Has weight loss wisdom left you dazed and confused? If you (UNINTELLIGIBLE) the low carb bandwagon with zero results, it could be due to low carb labeling.

(END VIDEOTAPE)

ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.

COOPER: Good evening everyone and welcome to 360. Anderson is off tonight. I'm Heidi Collins.

An emotional day in court in the Kobe Bryant case, the NBA star comes face-to-face with his accuser as she's ordered to answer questions about her sexual history, more on that just ahead.

But first tonight, Clarke's charges under oath. The former counterterrorism adviser to President Bush, now critic, testifies before the 9/11 commission along with past and present members of the Bush and Clinton administrations.

CNN National Security Correspondent, David Ensor reports.

(BEGIN VIDEOTAPE)

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): Before the 9/11 commission, Richard Clarke reaffirmed and sharpened his attack on the Bush administration he once served for failing, he says, to do enough to protect the nation against al Qaeda terrorism in its first eight months in office. RICHARD CLARKE, FMR. COUNTERTERRORISM ADVISER: And I thought if the administration doesn't believe its national coordinator for counterterrorism when he says there's an urgent problem, and if its unprepared to act as though there's an urgent problem, then probably I should get another job.

ENSOR: Clarke said President Bush further damaged national security by going to war against Saddam Hussein.

CLARKE: By invading Iraq, the president of the United States has greatly undermined the war on terrorism.

ENSOR: But there was plenty of blame to go around for the FBI...

CLARKE: I know how this is going to sound but I have to say it. I didn't think the FBI would know whether or not there was anything going on in the United States by al Qaeda.

SAMUEL BERGER, FMR. NATIONAL SECURITY ADVISER: Not only did we not know what we didn't know but the FBI didn't know what it did know.

CLARKE: And after hearing Clinton and Bush administration officials all say they just didn't have the actionable intelligence with which to successfully attack Osama bin Laden and al Qaeda before 9/11, the commission peppered the intelligence director with questions.

LEE HAMILTON, COMMISSION VICE-CHAIR: Why were we unable to do it?

GEORGE TENET, CIA DIRECTOR: We didn't steal the secret that told us what the plot was. We didn't recruit the right people or technically collect the data notwithstanding enormous effort to do so.

ENSOR: And if they could have found bin Laden, even killed him, would it have made any difference?

TENET: Decapitating one person, even bin Laden in this context, I do not believe it would have stopped this plot.

ENSOR (on camera): Commission members suggested there may be plenty of blame to go around. For present and former policymakers it was a nerve-wracking day in the hearing room or close to a television set.

David Ensor, CNN, Washington.

(END VIDEOTAPE)

COLLINS: Moments after testimony wrapped up on Capitol Hill today, Condoleezza Rice at the White House rebutted Clarke's charges saying his statements were "arrogant in the extreme."

CNN's Senior White House Correspondent John King heard Rice's rebuttal and joins us now live with the details, John, good evening. JOHN KING, CNN SR. WHITE HOUSE CORRESPONDENT: And, Heidi, Condoleezza Rice tonight saying it is a scurrilous allegation from Richard Clarke to suggest that the president did not take the terrorist threat seriously. Rice saying that she personally ordered Richard Clarke two months before the September 11 attack to put domestic agencies, including the Federal Aviation Administration, on high alert for a possible attack. She said Mr. Clarke said he had done all that. Now, tonight, Condoleezza Rice says Richard Clarke can't have it both ways.

(BEGIN VIDEOTAPE)

KING (voice-over): Under oath, asked if President Bush took the al Qaeda threat seriously before the September 11 attacks.

CLARKE: While I continued to say was an urgent problem I don't think it was ever treated that way.

KING: But the star witness at the 9/11 commission hearings quickly had his credibility called into question.

JAMES THOMPSON (R), COMMISSION MEMBER: We have your book and we have your press briefing of August, 2002. Which is true?

KING: In the book, former White House counterterrorism czar Richard Clarke accuses Mr. Bush of underestimating the al Qaeda threat and ignoring warnings before the 9/11 attacks.

ANDREW CARD, WHITE HOUSE CHIEF OF STAFF: Dick Clarke is just flat out wrong.

KING: To support its case, the White House highlighted, and the Bush campaign distributed, the glowing assessment Clarke offered back in August, 2002 when he said: "So the president recognizes very early on that you don't want to roll back al Qaeda over this long period of time. You want to eliminate al Qaeda on a much more accelerated time table."

In that same August, 2002 press briefing, Clarke said Mr. Bush made clear he wanted to "vigorously pursue" covert operations that had the authority to kill Osama bin Laden and was moving to push Pakistan "to break away from the Taliban."

Clarke says there is an easy explanation and in August, 2002 he was on the White House payroll and had to be loyal.

CLARKE: I made the case I was asked to make.

KING: But the White House says Clarke was telling the truth then and is trying to sell a book now.

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: This shatters the cornerstone of Mr. Clarke's assertions.

(END VIDEOTAPE) KING: Now this here is an e-mail released by Condoleezza Rice tonight. It's an e-mail to her from Richard Clarke four days after September 11 and, Heidi, it is quite interesting. Richard Clarke wrote: "When the era of national unity begins to crack" he said he was worried that some would start asking questions. Did the White House do enough to put the nation on alert?

Richard Clarke details his own efforts to do just that and he concludes the e-mail by saying: "The White House did ensure that domestic law enforcement, including the FAA, knew that the White House believed that a major al Qaeda attack was coming and it could be in the United States and did ask that special measures be taken."

Condoleezza Rice, Heidi, saying if Richard Clarke could write this how could he say what he's saying now?

COLLINS: All right, John King live from Washington tonight. John, thanks so much.

And Clarke's charges and more White House reaction ahead a little bit later right here on 360.

We are also following several developments out of Iraq tonight. One hundred days to sovereignty, in a speech today in Baghdad to U.S. and Iraqi dignitaries, U.S. Administrator Paul Bremer said Iraq is "on the path to full democracy," but Bremer admits "much remains to be done in the next 100 days."

Those words ringing true in Fallujah, where insurgents destroyed this U.S. Marine's vehicle with a roadside bomb and then opened fire. Six Iraqis were killed, seven others wounded, including two Marines.

Meanwhile in Basra, Iraqi firefighters and British soldiers are battling a blaze on Iraq's main oil pipeline. Authorities believe the break in the pipeline may have been caused by poor maintenance, not sabotage.

Back in the United States, as demonstrators defended "under God" in the Pledge of Allegiance, the Supreme Court today began considering whether the phrase is unconstitutional when children recite it in public schools.

National Correspondent, Bob Franken reports.

(AUDIO GAP)

COLLINS: It looks like we're having a little bit of trouble with that tape. We, of course, will bring that story to you a little bit later on tonight.

Well, is the girl at the center of the pledge battle being unfairly used by her father? Coming up also a little later we will hear from the girl's mother, hear what she's saying about today's arguments before the Supreme Court.

Moving on now to Eagle, Colorado, just a short time ago the young woman accusing Kobe Bryant of rape was in court. For three and a half hours in a closed hearing she answered questions about her sexual past. It's the first time the NBA star has seen his accuser since the alleged attack.

With more now, here's CNN's Gary Tuchman.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): For the first time since they were in a Colorado hotel room together nearly nine months ago, Kobe Bryant and the woman who has accused him of rape saw each other face to face inside this courtroom where the accuser has been compelled to answer questions from Bryant's attorneys about other sexual encounters. No reporters are allowed inside.

CRAIG SILVERMAN, COLORADO ATTORNEY: They'll probably start off sensitive and slow. It will be toward the end before they get belligerent and a little tougher.

TUCHMAN: Bryant's lawyers say injuries the woman says she suffered at the hotel while having sex with Bryant could have come from a different sexual encounter and want the judge to listen to the evidence and allows its introduction during a trial.

SILVERMAN: The questioning is going to be x-rated and intimate. Not only will they ask about sex acts, they're going to ask about foreplay, sexual positions, duration, all the sorts of intimate questions that a person would normally not want to answer, let alone under oath in front of strangers.

TUCHMAN: The accuser entered the courtroom in a business suit, a serious expression on her face. CNN has decided not to show images of her.

The Colorado Rape Shield Law ordinarily does not allow a woman's sexual past to be used as evidence but exceptions are made.

KATHIE KRAMER, RAPE ASSISTANCE AND AWARENESS PROGRAM: So, if there is evidence then it certainly needs to be sought out because Kobe Bryant deserves a fair trial but we don't want it to turn into this fishing expedition where they're going back years and years and asking about, you know, every sexual encounter she's ever had because we don't feel that that is relevant.

(END VIDEOTAPE)

TUCHMAN: After her three and a half hours on the stand, the woman was excused. We can tell you that even though we weren't allowed in the courtroom, we saw her as she entered because they left the courtroom door open for a time. She went immediately to the stand and she glanced in the direction of Kobe Bryant. The Laker guard glanced back at her.

When she left the courtroom she looked very serious but she did smile for a few seconds. The hearing continued with her friends testifying and also alleged sexual partners. It ended about 20 minutes ago and will continue tomorrow. We can tell you Kobe Bryant is now racing back to Los Angeles for a Laker game tonight. He will then get on his plane after the game and come back here for part two of this hearing -- Heidi, back to you.

COLLINS: And, Gary, obviously you've been outside that courtroom all day long. Can you tell us if the young woman had any friends or family with her best you could tell?

TUCHMAN: Well, we can tell you because the courtroom is closed, no friends and family were allowed inside, just like us, but her mom and dad were in the hallway sitting down waiting for their daughter to come out and they left with her when she did come out.

COLLINS: All right, Gary Tuchman thanks so much live from Eagle, Colorado tonight.

And we are following a number of developing stories right now "Cross Country." New York, another record high for gas prices, AAA says the average price for a gallon of regular gasoline has hit $1.74. That's up two-tenths of a cent from yesterday's record.

Washington, approval for potent painkiller, the Food and Drug Administration says generic versions of the painkiller OxyContin can go on the market. The move could save money for people with long term pain but there are worries it could also spur more abuse of the drug, which can produce a quick and deadly high depending on how it's used.

New York, rehab cut short, reports out of the Big Apple that singer Whitney Houston left rehab after only five days of treatment but a spokeswoman says the singer is continuing the prescribed treatment. The source says Houston is staying somewhere in the Atlanta area.

Meanwhile in Boston, Whitney's husband Bobby Brown back in court but late. Houston's husband singer Bobby Brown was more than four hours late for a court appearance in Boston today. Brown was released from an Atlanta-area jail Monday for the hearing in a paternity case.

Detroit, Queen of Soul out of the hospital, singer Aretha Franklin went home today. She had been admitted to the hospital Saturday coughing up blood. Her doctor thinks it was a reaction to an antibiotic, and that's a look at stories "Cross Country" tonight.

False claims about weight loss products, a TV shopping channel gets slapped with a fine, find out if you've taken one of the fat pills that has QVC in hot water.

Also tonight, a dramatic shocking incident at a West Bank checkpoint, a kid suicide bomber strapped with explosives. See for yourself how this went down.

And, extreme rescue, in subzero temperatures a mountain hike that turned deadly.

But first let's get a look "Inside the Box" at the top stories on tonight's network newscasts.

(COMMERCIAL BREAK)

COLLINS: Today at a checkpoint in the West Bank, drama surrounding a young boy and a bomb. The moment was tense, the pictures dramatic.

Reporting from Jerusalem now, here's Paula Hancocks.

(BEGIN VIDEOTAPE)

PAULA HANCOCKS, CNN CORRESPONDENT (voice-over): A 14-year-old Palestinian with eight kilograms of explosives strapped to his body, the boy was stopped at a checkpoint near the West Bank city of Nablus. When soldiers asked him to lift his shirt, they saw the explosives.

CAPT. SHARON FEINGOLD, IDF SPOKESWOMAN: He was frightened by the sharp and quick reaction of the soldiers who pointed the guns and stopped him and he raised his hands. At that time, we grabbed him and persuaded him to assist us to dismantle him of the suicide vest that he was wearing.

HANCOCKS: The boy told the soldiers he didn't want to die. He didn't want to blow up. Explosive experts used a remote-controlled robot to pass the boy scissors so he could cut the explosive belt from his body. He struggled with the straps before removing the vest and showing soldiers he had no more explosives.

The IDF blew up the vest. Shortly afterwards, the boy was shown to reporters, no questions allowed. The boy was then taken for interrogation to find out exactly who sent him and if he was coerced.

Paula Hancocks, CNN, Jerusalem.

(END VIDEOTAPE)

COLLINS: We're tracking a number of developing stories around the globe right now. Let's check the "Up Link."

Paris, terror averted: a bomb was diffused today on a train line outside the French capital. It's the second bomb found on a French rail track in just over a month. No immediate claim of responsibility.

Gaza City, assassination aftershock: this man Abdel Aziz Rantisi, the new Hamas leader, says he has no plans to retaliate against the U.S. after Israeli forces killed Sheikh Yassin, but Hamas says it could target Israeli Prime Minister Ariel Sharon.

Madrid, Spain, nation in mourning: a state funeral today for the 190 victims of the terror bombings. World leaders joined the Spanish royal family, including U.S. Secretary of State Colin Powell. After the memorial, Spain announced two more suspects have been charged in the attacks bringing the total to 11.

Outside Mexico City, Mexico, race against time: British rescuers tomorrow will attempt to save five British explorers and their guide who are trapped by floodwaters in an underground cave. They have been stranded since last Thursday.

London, tabled water: Coca Cola is postponing its re-launch of Dasani bottled water in the U.K. The water was pulled from British shelves last week over a contamination scare. The rest of Europe will also have to wait before Dasani is sold there and that is tonight's "Up Link."

Now to dieting and the products that promise to slim us down. In 2003 alone, Americans spent about $2 million on weight loss supplements. The ads make them seem so simple to take and so effective but are those claims accurate? Today federal regulations took action.

CNN's Christy Feig has the details.

(BEGIN VIDEOTAPE)

CHRISTY FEIG, CNN CORRESPONDENT (voice-over): The Federal Trade Commission filed a complaint against the 24-hour shopping channel QVC for several weight loss products they sold.

JONI LUPOVITZ, FTC: QVC violated a previous Federal Trade Commission order and made false and unsubstantiated claims about weight loss products and other dietary supplements.

FEIG: The FTC has been watching the QVC closely since its settlement with the company in 2000 over what the FTC says were un- backed claims on a different product.

(on camera): As part of that settlement, the QVC agreed to make sure all future health claims on dietary supplements are backed by science.

(voice-over): The products at issue Wednesday include For Women Only "Zero Fat" Pills, which the FTC alleges QVC claimed prevent fat absorption, and For Women Only "Zero Carb" Pills, which FTC says QVC claimed prevent sugar and carbs from being stored as fat.

In response to today's action, the QVC says: "We work extraordinarily hard to make sure that our 24-hour live broadcasting meets the highest possible standards of truthfulness and we are ready to demonstrate that fact to the Court."

The FTC says this time the company could pay millions in civil penalties and reimburse consumers. In the meantime, they remind consumers if the claims sound too good to be true they probably are.

Christy Feig, CNN, Washington.

(END VIDEOTAPE)

COLLINS: Happening right now on the high seas, scientists race against time to save an injured whale, find out if they have any chance of success. Also tonight, church versus state, the battle over "under God," we'll talk to the mother of the girl at the center of this controversy.

And a little later, carb confusion take two, it's a labeling free for all so how do you know what's good, bad and useless to your diet Dr. Sanjay Gupta with a one stop shopping guide.

(COMMERCIAL BREAK)

COLLINS: Off the coast of the Carolinas tonight, a frantic rescue effort continues. A team of scientists is trying to free an endangered right whale entangled in a web of fishing gear and buoys. You see him there.

Joining us now on the phone with the very latest on the operation, Bob Bowman, he's with the Center for Coastal Studies. Mr. Bowman, can you hear me all right?

BOB BOWMAN, SCIENTIST, CENTER FOR COASTAL STUDIES (via telephone): I can hear you fine, thank you.

COLLINS: I know that your team reached the whale today but then had to turn around and go back because of inclement weather. How's the whale doing?

BOWMAN: The whale is relatively healthy. We don't think it's been entangled that long, so it hasn't really, we haven't really seen a lot of effects from the entanglement yet. When they got to the whale today, it was just too difficult to work on it. It was just too rough to approach it in the small boats that we need to work from.

COLLINS: So, I imagine that even by sight you have a way of determining the amount of stress or stress level on this whale. It didn't seem to worry anyone too much at this point.

BOWMAN: Well, it was -- it was -- it avoided the boat today. They did launch a boat from the Coast Guard cutter that took them out and get out to the animal to -- they actually took some samples and, you know, made sure that the telemetry equipment was working well and that sort of thing and the animal is very unapproachable today compared to when we worked on it on Saturday. We were then about 80 miles offshore.

COLLINS: Right, well the pictures are just incredible that we're looking at right now. How did all this happen in the first place?

BOWMAN: Well, that's hard to say. I mean it's a very common occurrence for whales to become entangled. Over 70 percent of the right whales in the North Atlantic have been entangled at some point and these are the ones that survived, so we really don't know how many are dying from entanglements.

But basically they swim along and they run into this, they run into ropes that are in the water column or nets. In this case it's just some ropes and, you know, in the struggle to free themselves they might make it even worse.

In this case, the whale has multiple wraps of line around each of its front flippers. On the right flipper there may be 20 or 30 wraps of line that are just jammed tight around there, so it's the kind of entanglement that we unfortunately don't have much success with, very difficult to work on.

COLLINS: I can only imagine. All right, Mr. Bowman, we certainly appreciate your time tonight. We, of course, will keep our eye on this situation and check back with you to learn more as it continues.

BOWMAN: OK.

COLLINS: Bob Bowman, scientist for the Center for Coastal Studies, thanks so much tonight.

(BEGIN VIDEOTAPE)

COLLINS (voice-over): Clarke has spoken. The White House counteroffensive continues. Tough questions investigate failure at the highest levels.

Getting the best of you, help yourself stick to a healthier lifestyle with net carbs.

Deadly day hike leaves one couple stranded in subzero temperatures, we'll have the riveting bittersweet rescue.

ANDERSON COOPER 360 continues.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

COLLINS: Catching up with some of our top stories, here's "The Reset" now.

Washington, embassy threatened, the U.S. Embassy and Consulate in Dubai are closed until at least Saturday due to a bomb threat there. U.S. diplomats say a suspect is under arrest. The State Department also temporarily closed embassies in Saudi Arabia, Bahrain and Mauritius today due to threats and demonstrations against U.S. interests. The Saudi and Bahrain embassies quickly reopened.

Travis Air Force Base, Colorado, GITMO spy suspect, the Syrian- American airman accused of spying while working at the prison camp in Guantanamo Bay, Cuba is asking a military court to dismiss the case. In pretrial motions today, the former Air Force translator's attorney alleged lack of access to documents needed to defend him.

Washington: Paint ball gun warning. The government is alerting paint ball gun users as it investigate two deaths caused by canisters flying off the guns. The Consumer Product Safety Commission says if you haven't unscrewed the canister from the gun within four full turns, stop. Washington: fat threatens kids, as public schools continue to drop Phys Ed and sell junk food from vending machines. A new report calls obesity the most widespread health problem facing American children. The Child Well Being Index released today says so many youngsters are overweight that the effects have wiped out many other health gains.

And that's tonight's "Reset."

Today the Supreme Court: a battle over 2 words. Demonstrators defended under go in the Pledge of Allegiance as the highest court in the land began considering whether the phrase is unconstitutional when children recite it in public schools. National correspondent, Bob Franken, reports.

(BEGIN VIDEOTAPE)

BOB FRANKEN, CNN NATIONAL CORRESPONDENT (voice-over: As demonstrators rallied outside...

CHILDREN: I pledge allegiance to the flag.

FRANKEN: ...inside as usual the justices began after the words "god save the United States and this honorable court." Atheist Michael Newdow came to argue on his behalf, not usual. He doesn't want his daughter saying under god in the pledge.

MICHAEL NEWDOW, PLAINTIFF: I have an absolute right to know that when my child goes to the public schools she won't be indoctrinated to any religious dogma.

FRANKEN: But first, the debate over whether Newdow could even bring the case, because the child's mother has custodial rights. She supports saying under god.

SUSAN BANNING, MOTHER: As a mother, as a Christian and American, as I said, I'm hoping the court will resolve this issue today.

FRANKEN: Bush administration solicitor General Ted Olson, under god is merely ceremonial patriotic exercise.

Newdow: to say this is not religious is somewhat bizarre. Although supremely inexperienced, Newdow calmly parried what the seemingly skeptical Supreme Court.

Chief Justice William Rehnquist: what if the school asked your daughter to sing "God Bless America?" No response.

Justice David Souter called under god not a prayer, but tepid, diluted, beneath the constitutional radar.

(on camera): Newdow acknowledged the political uproar saying that after the lower court ruling, quote, "the country went berserk."

The justices will have to decide if they want to try and calm things down. Bob Franken, CNN, the Supreme Court. (END VIDEOTAPE)

COLLINS: Today I spoke with the girl's mother, Susan Banning. You just in Bob Franken's story. I started off by asking her if she thought the words under god expressed a religious belief.

(BEGIN VIDEOTAPE)

BANNING: Inserting the words under god into the pledge did not turn the pledge into a prayer. We're still pledging allegiance to our country and to our flag, and when Congress inserted those words way back in 1954, we had a very broad view regarding the definition so that it would apply to all Americans of all beliefs.

COLLINS: Well, your daughter's father has been very, very vocal about his beliefs on this issue. But wondering more a little bit about how your daughter feels about saying the pledge.

BANNING: She's actually never objected to saying the pledge, and she continues to say the pledge now in her class. She's volunteered to be the leader in her class, you know, as teachers request, you know, who would like to be the line leader, the door monitor or reciting the Pledge. She will be the first one to raise her hand. So there isn't -- we have not presented it in a way to her that would cause her to not desire to participate in her class.

COLLINS: But are you opposed to the idea of the separation of church and state?

BANNING: No. I'm not opposed to it. My opposition to -- with Mr. Newdow in regards to this case was simply the use of the child as a way to gain sympathy with the court claiming that the child had been harmed. It is not my desire to interfere with his due process.

COLLINS: And now that being said, as I'm sure you are aware, there is a lot of publicity, that is, surrounding all of this. How is it affecting your daughter?

BANNING: Well, it was pretty emotional. We had a number of heart-to-heart talks. But over the course of time, we've come to realize this is just not a matter for our family. This is a matter -- this is a national matter. It affects every household and every family and every school child in this country.

COLLINS: All right. Ms. Sue Banning, we certainly appreciate your time tonight. Thanks for being with us.

BANNING: Thank you.

(END VIDEOTAPE)

COLLINS: Now to the 9/11 commission. Richard Clarke testified today. Clarke told the panel that he was frustrated by the Bush administration's response to terrorism, a response he called inadequate. Earlier today I spoke to Jim Wilkinson, the Bush administration's deputy national security adviser for communications about terror and intelligence.

(BEGIN VIDEOTAPE)

COLLINS: Mr. Wilkinson as you know, Richard Clarke testified today in front of the 9/11 commission and did not mince his words against the Bush administration. In fact, we want to go ahead and listen in to some of the sound that he said today.

RICHARD CLARKE, FMR. COUNTER TERRORISM ADVISER: My view was that this administration, while it listened to me, didn't either believe me that there was an urgent problem or was unprepared to act as though there were an urgent problem.

COLLINS: What would the White House consider to be an urgent problem?

JIM WILKINSON, DEP. NATIONAL SECURITY ADVISER: Al Qaeda. Dick Clarke, there seem to be two Dick Clarkes now. Today, the White House allowed the transcript to be released which showed that in August of 2002 he told a group of journalists, including a CNN journalist, that the president did a good job, that he had been pushing for an aggressive strategy not to roll back al Qaeda, but to eliminate al Qaeda. There seem to be two Dick Clarkes. And as the commissions said today, his credibility has been called into question.

COLLINS: Do you consider the action that was taken appropriate?

WILKINSON: Yes. This president said he was tired of swatting at flies. Dick Clarke said that this president was tired of swatting at flies. This is a president who didn't want to just launch cruise missiles. He wanted to go after al Qaeda where it lives, where it hides and where it plots, and where it raises money, frankly. And this is a president who has done it.

I will remind you that since George Bush has been president, the Taliban terrorist regime is taken out of power and has been replaced with a new government. The terrorist regime in Iraq has been taken out of power. The terrorists are losing territory all over the world from which to launch operations.

COLLINS: All right. Let me ask you another question, then, about Richard Clarke. Vice President Cheney said that Richard Clarke, the counter terrorism coordinator, as you know, and I quote here now, "wasn't in the loop, frankly, on a lot of this stuff." Does it seem odd that someone as important as the counter terrorism coordinator could be out of the loop on serious matters as this?

WILKINSON: Does it seem odd that he was focused on meetings while the officials were in the field looking for terrorists? Let me remind you that the vast majority of the people that are out there look for al Qaeda -- these are career servants, these are sergeants and enlisted young men and women in the military who are in Afghanistan right now hunting down the bad guys.

These are treasury agents working around the clock all over the world to seize terrorist finances. These are drug agents trying to take away drugs that the terrorists may try to sell for money.

So, Dick Clarke, again, seems to have been focused on doing book interviews, as the commission said today and those sorts of things, while this is an administration that's focused on going after these terrorists.

COLLINS: All right. Let's talk about Condoleezza rice for a moment if we could. Commission members, as I'm sure you are aware, complained again today that Condoleezza Rice did not testify publicly in front of the commission. Can you shed some light on that for us?

WILKINSON: Well, she spent more than four hours with the commission. And as she said earlier today, she's willing to meet with them any time, anywhere...

COLLINS: But it was not in public.

WILKINSON: ...to talk about this issue. Dr. Rice and this White House has cooperated, providing more than 800 tapes to the commission, allowing them to view and be part of thousands of pages of documents, including the president's daily brief, which is the most sensitive document we deal with here at the White House.

You know, again, she, by constitutional provisions is precluded from, because of separation of powers issues, from testifying publicly, yet she's spending all the time with the commission. The American people want to know that their government is working to hunt down terrorists and they also want to know that their government is working to find out how 9/11 happened. And that's what this administration is doing, we're not focused on selling books and timing interviews and that sort of thing. We are focused on hunting down al Qaeda.

COLLINS: All right. Mr. Wilkinson, deputy national security adviser, we certainly appreciate your time tonight.

WILKINSON: Thank you.

(END VIDEOTAPE)

COLLINS: The back and forth will continue. You can hear Richard Clarke's side of the story on LARRY KING LIVE. That's tonight at 9:00 p.m. Eastern right here on CNN.

Kobe Bryant back in court where he comes face to face with his accuser who is forced to talk about her sexual history. Our legal experts weigh in.

Also, ahead, a couple stranded and rescued. But there is heartache tonight.

And stopping carb confusion. How food labels can help every dieter.

(COMMERCIAL BREAK) COLLINS: Now, "Justice Served." Today, in a Colorado courtroom, Kobe Bryant's accuser faced potentially painful questions about her sexual past. The issue here is whether her sexual story is relevant to the rape case and can be used at trial. In Miami I'm joined by defense attorney Jayne Weintraub and here in New York, Court TV anchor Lisa Bloom. Lisa, hello to you as well. I want to begin with you, if I could. As you know, there has been quite a bit of discussion about whether or not forcing Kobe Bryant's accuser to testify conflicts with Colorado rape shield laws. Yes or no?

LISA BLOOM, ANCHOR, TV ANCHOR: Where is the shield in the rape shield law? Instead it is being used crudely to bludgeon her. She's dragged into court where for three hours she submits to questions presumably about every detail of her sex life. We know that there were no limits on those questions. She could have been asked questions from a year ago, four years ago. Her entire life was wide open for defense cross-examination about her sexual history. I think that's a shame.

COLLINS: Jayne, is it a shame?

JAYNE WEINTRAUB, DEFENSE ATTORNEY: It isn't a shame. First of all, you know, this isn't about her morality, this isn't about her character. This is about a very specific factual allegation that was made against Kobe Bryant. This is not about the rape shield law. The rape shield law would mean all bets are off. They could ask her anything about her promiscuity. That's not at issue here. What's at issue here is the fact that she walked into a rape treatment center, within 24 hours after having a, quote, forcible rape upon her with semen other than from Kobe Bryant.

The issue becomes, if she's claiming forcible injuries during that rape, Kobe Bryant, who is facing life in prison, is entitled to delve into what's relevant that another person could have caused this injury and the injury did not come from him. And so the judge in a very dignified proceeding in a sealed courtroom today -- there were no spectators, no public, no press, very dignified -- the court is going to make a determination after the questions were asked whether or not this will be relevant. It was not cross-examination.

BLOOM: The problem is her injuries were lacerations and bruises. A sexual assault nurse examiner has already testified those probably lasted about 24 hours. So why -- let me finish. Why would we have wide opening questioning into her sexual history more than 24 hours, more than a week in the past, going back for her entire life that was wide open. Questions about positions she may have engaged in, how vigorous her consensual sexual activity may have been. That's just too wide open. There's nothing left for the rape shield law in Colorado.

COLLINS: Let me get to what some people might consider to be a bigger issue in discussing all of this. Is it possible, Jayne, that you would under that some people might be worried that by serving this woman a subpoena to testify could possibly discourage other people from coming forward if there was a crime committed like this? WEINTRAUB: I hope not. Because the whole purpose of the rape shield law is to promote privacy and to promote a shield for victims. In this particular case, it is not piercing the rape shield law. It is only for a limited purpose with a judge only for the specific reason that even the bellman she has now alleged to have sex with that she went crying to who made the allegation of rape ten hours later. Remember, Heidi, if she didn't go to the rape treatment center with someone else's semen, or two other peoples' semen in her this never would have come up.

(CROSSTALK)

COLLINS: Jayne, Jayne, let's get a final thought. Lisa, go ahead.

BLOOM: I think what's important is what is the rape shield law supposed to shield her from? From intrusive questioning into her sexual history. She sat there in court today just a couple of feet from Kobe Bryant. His defense attorney's grilling her for hour after hour with no limits. That rape shield law is gone.

COLLINS: All right. Jayne, 10 seconds for your final thought.

WEINTRAUB: Lisa, Kobe Bryant faces life in prison. He has this woman who consented to sex knocking on his door who is accusing him of rape in front of his wife and the world and destroying his reputation.

BLOOM: We don't know if she consented or not.

COLLINS: To the both of you tonight, thanks very much as always.

Across the country. In the White Mountains of New Hampshire, a pleasant day hike suddenly turned into a couples's worst nightmare. Dan Lothian explains.

(BEGIN VIDEOTAPE)

DAN LOTHIAN, CNN BOSTON BUREAU CHIEF (voice-over): An extreme rescue and recovery operation on a frigid New Hampshire mountain where Russell and Brenda Cox had walked up a trail for a long day hike and disappeared. The couple had tackled Mount Lafayette, was a scenic trail with a deadly grip when the weather turned bad. Their two sons had not gone along.

MICHAEL THOMPSON, SON: You have to be prepared for the unexpected. The weather can change on a dime.

LOTHIAN: When the 43-year-olds described as experienced hikers, didn't return Sunday night, about 30 volunteers in government rescue teams began searching in sub zero temperatures. At times, plodding through deep snow.

LT. TODD BOGAROUS, NEW HAMPSHIRE FISH AND GAME DEPT.: Still winter here in the mountains.

LOTHIAN: New Hampshire Fish and Game officials say the couple had been trying to return to their car at the trail head when a blinding storm left them lost. Two nights stuck on the mountain. First in a snow shelter. Then in a rocky cave. Help was on the way. Would it arrive soon enough?

NEIL THOMPSON, SON: It was really cold. They weren't doing so well.

LOTHIAN: Finally, on Tuesday National Guard crews aboard a helicopter spotted Russell's yellow jacket. The couple was near the mountain's 5,200- foot summit suffering from hypothermia. Both were airlifted off the mountain then and officials announced the grim news that Brenda...

UNIDENTIFIED MALE: ...has been pronounced deceased at this time.

LOTHIAN: Russell described as doing well remains hospitalized even as family and friends deal with the shock of a devastating day hike. Dan Lothian, CNN, Boston.

(END VIDEOTAPE)

COLLINS: Getting to the truth behind the low-carb craze. Coming up. Advice on what to look for in those carb-counting food labels.

A little later in "The Current," did "American Idol" judge Simon Cowell let viewers know how he really feels?

(COMMERCIAL BREAK)

COLLINS: Yesterday we tried to clear up the confusion over good carbs and bad carbs. Well, tonight we look at how food labels define carbohydrates, giving you important tips on reading between the lines. Here is CNN medical correspondent, Dr. Sanjay Gupta.

(BEGIN VIDEOTAPE)

DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice-over): Looking for low carb labels? Sure. But is that what you're really getting? Maybe not. You see, the FDA defined reduced fat and low calorie a long time ago. But as of now, there are no set guidelines for carbohydrate labels.

Diet or no diet, carbohydrates are important. The American Dietetic Association says you need at least 130 grams a day for proper brain function, whereas low carb supporters say 40 to 60 grams is enough to feel good and lose weight, provided you take certain supplements to make up for the carb reductions.

But all those labels and that advice can be confusing. So here's a tip. Use net carbs to keep track. Net carbs are calculated by taking the total number of carbs and subtracting sugar, alcohols and good carbs, such as fiber.

DR. STUART TRAGER, ATKINS PHYSICIANS COUNCIL: Truly, a term like net carb that gives a value that people can compare. GUPTA: For the time being, however, you are not going to find net carb labels on many food products. So in the interim, food manufacturers and consumer groups have asked the FDA for a standard. Six grams per serving for an item to be called low carb, and at least 25 percent fewer carbs than the original for the reduced label.

Remember, products like breads, pastas and chips are made low carb by increasing fiber content and sugar alcohols. If you feel like you're cheating, you are a little bit. They're not meant to replace eating good carbs, such as fruits, vegetables and whole grains.

TRAGER: It's about making better food choices in general. The products are useful in helping people stick to a lifestyle that otherwise may be challenging.

GUPTA: Challenging. Well, that's a description for any diet, low carb or not.

(END VIDEOTAPE)

GUPTA: And for the record, the American Dietetic Association remains staunchly against all low-carb diets. Still, the FDA is going to begin those labeling changes later on this month, and the advice we gave you will just become officially later on this summer -- Heidi.

COLLINS: All right. We look forward to that, I think. All right, Sanjay, thanks so much.

Time to check on pop news in tonight's "Current." Firefighters had to save a Houston man trapped in a tree after he tried to get a cat down. His course of action involved a garden tool. Well, we think it's best if we let him explain his plan.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I used the water hose to pull myself up the tree. And I go up the tree, I pull on the water hose. So when I get on the water hose, I get up on the tree, pull myself off the tree using the water hose.

(END VIDEO CLIP)

COLLINS: Huh? The cat came down on its own. As for the man, we're not exactly sure where he's landed yet.

NASA scientists say water has flowed through Mars, greatly enhancing the belief that the Red Planet once sustained life. They believe all the tell-tell signs of water are present, including an iron mineral, a specific type of bedrock and most telling of all, a bikini and a beach towel.

Producers of "American Idol" may be in hot water after Simon Cowell made what looks to be an obscene gesture during last night's show. Fox sources say what Cowell did doesn't confirm to its standards of decency, kind of like most of the singing on the show. The cable TV industry will offer free equipment to let millions of subscribers block programs many deem obscene and vulgar, including shows that are pornographic, shows that are violent, and shows starring David Hasselhoff.

Hearings and spectators. No thunderous applause, but there was more than just heated talk on Capitol Hill today. We'll make "The Moost of It."

Then, tomorrow, lawyers for Kobe Bryant return to court to try and throw out evidence connected to the sexual assault case.

(COMMERCIAL BREAK)

COLLINS: The 9/11 hearings were not the place for wild cheering or booing, for obvious reasons. But on occasion, spectators punctuated the solemn atmosphere with smatterings of applause. CNN's Jeanne Moos explains why.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): There's polite applause. There are standing ovations. But what stood out about the applause at the 9/11 hearings was that it's so rarely broke through the drone of testimony.

UNIDENTIFIED MALE: I hope Dr. Rice will reconsider and come before our commission for the sake of the American people tomorrow.

(APPLAUSE)

MOOS: If you wanted a sure-fire applause line, commissioners just had to mention the no-show national security adviser.

BOB KERREY, COMMISSION MEMBER: I would love to get Dr. Rice in front of this commission, in the public, to have her answer a series of questions about that, because...

(APPLAUSE)

MOOS: Among the commission members, former Nebraska Senator Bob Kerrey got the most applause.

KERREY: And if the passengers didn't remain in their seats...

(APPLAUSE)

MOOS: Families of those who died on 9/11 seemed to be the ones doing most of the applauding.

Far more frequent than applause was a certain phrase you couldn't avoid hearing at the hearing.

UNIDENTIFIED MALE: The phrase du jour was actionable intelligence.

UNIDENTIFIED MALE: Actionable intelligence.

CLARKE: I hate to use the word, Senator, but actionable intelligence.

MOOS: But the most actionable applause line came when a commission member thanked the star witness for...

RICHARD BEN-VENISTE, COMMISSION MEMBER: Your apology for what went wrong. To my knowledge, you are the first to do that.

(APPLAUSE)

MOOS: Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

COLLINS: I'm Heidi Collins in for Anderson Cooper tonight. 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