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CNN Newsnight Aaron Brown

Could al Qaeda Strike Again?; President Bush Unveils Plans for Middle East

Aired June 24, 2002 - 22:00   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.
ANDERSON COOPER, GUEST HOST: Good evening everyone.

You may have noticed lately that Aaron Brown has been starting each broadcast with a pretty obscure reference to an ancient writer. Josephus got a mention last week. I think Euripides did as well.

So not to be outdone, tonight I'm going to go back in time even farther, 3,400 years, give or take a few, to the oracle Adelphi, where ancient Greeks came to have their questions answered.

Now, we're going to set aside the fact that some scientists now believe the oracle was high on natural gas fumes at the time she gave her prophecies. Look, high or not, she often gave pretty ambiguous answers for guidance for people how they should live their lives.

Now we mention all this because tonight we honor a modern day oracle, Eppie Lederer, better known as Ann Landers, died on Saturday after dispensing advice to American newspaper readers for nearly half a century.

Based on Midwestern comments, and a Rolodex full of contacts who could answer questions she couldn't, Lederer gave unambiguous and clear answers to an estimated 90 million readers, proving that one thing hasn't changed from ancient Greece, we are all still looking for someone to tell us what to do.

Which bring us tonight to some tough problems that we could use some sound advice on. Kelli Arena has the details and leads off the whip for us with a disturbing report on what the intelligence community is hearing now from al Qaeda. Kelli Arena is in Washington. Kelli, your headline.

KELLI ARENA, CNN JUSTICE CORRESPONDENT: Anderson, another warning from the al Qaeda terrorist network, telling Americans to "fasten their safety belts." The warnings are coming more frequently than ever leading some terrorism experts to believe an attack could be imminent.

COOPER: On now to the president's speech about the Middle East. John King is at the White House, John the headline.

JOHN KING, CNN SENIOR WHITE HOUSE CORRESPONDENT: Anderson, President Bush today said he would push for a permanent Palestinian State within three years. The White House says Mr. Bush prepared to recognize a provisional Palestinian State within 18 months, but it comes with a catch. Mr. Bush says he's tired of Palestinian Authority corruption and support for terrorism. If the Palestinians want his recognition of statehood, they must first remove Yasser Arafat.

COOPER: And a big catch it is, John, thanks very much. The reaction tonight in Jerusalem, Wolf Blitzer is there, Wolf the headline.

WOLF BLITZER, CNN CORRESPONDENT: Anderson, the Israelis are clearly relieved. They had been bracing to be put on the defensive by the president's speech. Instead, tonight they say they find a near common approach with Washington. Anderson.

COOPER: All right, on to the latest on the Elizabeth Smart case. Jeanne Meserve is on that story tonight, Jeanne the headline.

JEANNE MESERVE, CNN CORRESPONDENT: The investigation refocuses on an ex-con with connections to the Smart home and family. Anderson.

COOPER: All right, back with all of you in a moment. Coming up on NEWSNIGHT, the second big ruling from the Supreme Court in as many weeks on the death penalty; dozens of death penalty cases could now be reconsidered. We're going to talk tonight to Legal Analyst Jeffrey Toobin and the attorney general who lost her fight today, Janet Napolitano of Arizona.

A story tonight, about a novel and pretty controversial protest against gun control a man who is giving away guns. Now the story has caused confusion among some of our viewers who saw our promotions earlier today and have actually been e-mailing us saying they want guns from CNN. We're going to try to clear that up a little later on in the program.

And as we mentioned before, a goodbye to Eppie Lederer, better known and loved by the world as Ann Landers. That is Segment 7 tonight.

All that to come, but we begin with the president's speech. It came several days later than originally planned, the White House waiting, if not for an end to the violence, at least for a moment of relative calm so the president's voice could be heard.

So this afternoon, President Bush spoke for a little more than 15 minutes about the kind of peace and the kind of Middle East he'd like to see and when, the implications and early reaction in a moment; first the nuts and bolts from CNN's John King.

(BEGIN VIDEOTAPE)

KING (voice over): The president's support for an independent Palestinian State is conditioned on a dramatic demand.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I call on the Palestinian people to elect new leaders, leaders not compromised by terror. KING: Not once did Mr. Bush mention Yasser Arafat by name, but the president's speech left no doubt Mr. Bush believes the current leader of the Palestinian Authority does not deserve to lead a future Palestinian State.

BUSH: Today, Palestinian authorities are encouraging, not opposing terrorism. This is unacceptable.

KING: Mr. Bush says he is prepared to recognize a provisional Palestinian State based on West Bank and Gaza Strip land now under Palestinian control, and aides say that could happen within 18 months if the Palestinian reforms include new leaders, a strong Parliament, new financial and judicial institutions and major security reforms.

There was one immediate demand on Israel that Prime Minister Ariel Sharon opposes a halt to Jewish settlements in Palestinian territories. Other Bush demands on Israel are conditional on the violence subsiding, a pullback of Israeli troops from Palestinian territories, and an easing of travel and economic restrictions on the Palestinians.

The new blueprint leaves the most controversial issues to direct negotiations between the Israelis and Palestinians, final borders of a Palestinian State, competing claims to Jerusalem, and the right of return for Palestinian refugees.

BUSH: With intensive effort by all, this agreement could be reached within three years from now, and I and my country will actively lead toward that goal.

KING: The immediate job of selling the plan falls to Secretary of State Colin Powell. A trip to the region is likely soon but not immediately, and U.S. officials say plans for a late summer Middle East conference are on hold for now.

(END VIDEOTAPE)

KING (on camera): Now this new Bush policy has been in the works for weeks and from Draft #1, it was very tough on Mr. Arafat, but top advisers telling us tonight, it was those back-to-back suicide bombings last week that were the breaking point.

One aide says they gave the president a "new passion" and from those back-to-back bombings, the president's new commitment that if he is to recognize a Palestinian State, the Palestinians first must replace Mr. Arafat as their leader -- Anderson.

COOPER: John, as you mentioned in your story, there had been a lot of talk about a Middle East peace conference possibly this summer. Is that completely off the table now?

KING: Not completely off the table. They want to test the temperature, if you will, reaction to the president's speech, also still uncertain tonight as we speak the length and the scope of the ongoing Israeli military response. There is no believe here at the White House that you can schedule a peace conference while you have the Israeli troops in Gaza and in the West Bank. They want to test. The key test they say in the next 24 to 48 hours how does Mr. Arafat react in private? Will the Arab countries, especially Saudi Arabia and Egypt pressure him to accept the president's approach?

COOPER: And then it is likely we will see Colin Powell going there at some point soon?

KING: They will probably decide on a Powell trip 72 hours from now, maybe a little bit more. They'll see if it's right for the secretary to go. He was already on the phone today and he will be on the phone more tomorrow, and then they still don't rule out that conference maybe in September. They say they just don't want to commit to it right now because things are so uncertain.

COOPER: All right, John King at the White House, thanks very much. Now most of what the president said the Israelis wanted to hear. They find themselves very much in agreement with the White House on Palestinian reform, on stopping the terror and replacing Yasser Arafat.

But they're bound to differ, the Sharon Government is at least, on freezing Israeli settlements and pulling troops out of the West Bank. There is another complication. The president's speech came with Israeli promising some kind of heavy military action and, as always, there is the possibility of another suicide bombing yet to come.

So we go back to Jerusalem and CNN's Wolf Blitzer for his early read on things from there. Wolf.

BLITZER: Anderson, the Israelis were simply delighted by what they heard from the president. Yes, there were some challenges to the Sharon Government, challenges as you point out on the issue of an Israeli troop pullback from areas of the West Bank, and a freeze on settlements.

But for the most part, Israeli officials see that as boiler plate words the president had to utter in order to make it clear that he was simply not going 100 percent down the line with Israel.

What they were really excited about and delighted to hear were his strong words as far as Arafat's leadership of the Palestinian Authority is concerned, the call for a new leadership. That reaction, let's get an example of it from Dore Gold, the senior adviser to the prime minister.

(BEGIN VIDEO CLIP)

DORE GOLD, SENIOR ISRAELI GOVERNMENT ADVISER: The Israeli Government has said for a long period of time that if violence is vanquished, if the incitement ends, if we have a new and different Palestinian Authority, then we can move forward and Israel can reach a peace settlement with the Palestinians.

But while we have suicide bombers moving around Jerusalem or moving around Israel, we can't get back to the negotiating table. Now President Bush has established a clear standard for how we go from where we are today to where we want to be tomorrow.

(END VIDEO CLIP)

BLITZER: Israeli officials say they have no intention right now of doing anything other than continuing their military action on the West Bank, trying to prevent additional suicide bombings. They say they have the strong support, indeed the demand of an Israeli public that has been deeply shocked by last week's attacks coming on the heels of weeks of violence in this part of the world -- Anderson.

COOPER: So you don't anticipate seeing any new military initiatives by the Israelis in the coming days?

BLITZER: Well, I don't think the Israelis are going to reverse their military initiatives. They say they have a massive plan underway. They're very, very concerned that there are suicide bombers on the loose right now, out there planning additional strikes.

And as a result they want to take whatever precautions they deem necessary in their first and foremost precaution is to try to go into some of those areas in the West Bank, including Ramallah, where Yasser Arafat's Palestinian Authority is headquartered and try to make sure that whatever they can do, they will do to stop this wave of suicide bombs.

But in the short term right now, just to reiterate, they were very, very pleased by what they heard from President Bush.

COOPER: Wolf, John King told us a few moments ago Colin Powell likely to make some decision on whether or not to come to the region in the next 72 hours. There's also been a lot of talk about a possible Middle East peace conference this summer. How receptive would the Israelis be to both those movements?

BLITZER: Right now their first and foremost concern is the terrorism. If there's a lull, if there's a stop in the terrorism, if they sense the Palestinian Authority in Gaza and the West Bank are taking active steps to stop Hamas, Islamic Jihad from going forward with these terrorist strikes, the Al-Aqsa Martyrs Brigade, which is nominally affiliated with Yasser Arafat's own Fatah Movement, if they sense that Arafat is under pressure from the U.S., the Europeans, the moderate Arab states including Saudi Arabia to do something, I think they would be receptive to going to some sort of international peace conference.

But right now, they are under no elusions. They have a much more immediate need and that's simply to stop these suicide bombings.

COOPER: All right. Wolf Blitzer, it's been a long night for you. Thanks very much for joining us tonight.

For the Palestinian side there is more to take issue with, of course. We've already starting hearing the first of the official reaction from the Palestinian Authority, but are the Palestinians, Hamas and Hezbollah excepted, can find much to grumble with in the president's speech, they've also wanted for a long time for the United States to step in between the Israelis and themselves. Right now the two sides are as close as the barrel of a gun.

Tonight in Ramallah, tanks surround Yasser Arafat's compound and a curfew is in effect. CNN's Matthew Chance is there, so it's back to him we go -- Matthew.

MATTHEW CHANCE, CNN CORRESPONDENT: Anderson, expectations were always very low amongst the Palestinian community, both on the official level and amongst ordinary Palestinians about what this policy statement by President Bush would bring.

Understandably, people here are very skeptical about what the United States has to offer. It's seen as the unflinching ally of Israel, the power that gives Israel the green light to go ahead and carry out the military operations.

Israel, of course, says it's doing it for its security, but for many Palestinians on the street, this just makes their ordinary lives very hard. One of the things that really stuck in the craw of the Palestinian community at large here is this call by President Bush for a change in Palestinian leadership before any state would be recognized.

Palestinian officials have made it clear that they're quite angry at the suggestion that Yasser Arafat should be replaced as a precondition for a Palestinian State. Saeb Erakat is the Chief Palestinian Negotiator.

(BEGIN VIDEO CLIP)

SAEB ERAKAT, CHIEF PALESTINIAN NEGOTIATOR: We will have elections and very, very soon, so I think it's only for the Palestinian people to determine who are their leaders. The Palestinian people have chosen President Arafat to be - as their leader and the world and President Bush must respect the democratic choice of the Palestinian people.

(END VIDEO CLIP)

CHANCE: Another great deal of disappointment as well, Anderson, over the fact that only a provisional state was being talked about by President Bush, and that the core issues of the Israeli-Palestinian conflict, we're talking about the borders of a final Palestinian State, the final status of Jerusalem, and what to do with the millions of Palestinian refugees around the region, once a Palestinian State is formed were virtually sidestepped by President Bush in his speech. No timetable was laid down for when those very important, very emotional issues would be resolved.

COOPER: Matthew, I know you're operating under a curfew there and because of the time changes, obviously it's been night the last couple of hours. Has there been any response from Yasser Arafat himself? I know we heard from Saeb Erakat.

CHANCE: Yes, there's been a response from Yasser Arafat. He's been holed up inside his presidential compound, surrounded by a tight cordon of Israeli tanks and armored personnel carriers. We did get to him by telephone though and he told us that, or his spokesman rather, told us that Yasser Arafat welcomes the ideas of President Bush and hopes to discuss the details in direct talks with U.S. officials. So, President Arafat at least putting something of a positive gloss on what was otherwise a very disappointing speech from their point of view. Anderson.

COOPER: All right, Matthew Chance in Ramallah, thanks very much. Ahead on NEWSNIGHT, a new name surfaces in the disappearance of a Utah girl. And up next, some alarming signals about another possible terror attack.

(COMMERCIAL BREAK)

COOPER: This notion that despite every precaution taken, every lead followed to fight a war fought in Afghanistan, Osama bin Laden and enough of al Qaeda survived to carry out another huge attack. We got a reminder over the weekend in a taped broadcast on the Arabic cable channel Al-Jazeera, just one of a number of warnings signs that Kelli Arena is following from Washington tonight. Good evening, Kelli.

ARENA: Good evening, Anderson. Al Qaeda spokesman Sulaiman Abu Ghaith promises on that audiotape that Osama bin Laden will "soon appear on television screens," and in a warning about future terrorist attacks, he tells Americans to "fasten their safety belts."

Now Abu Ghaith has previously warned of the deaths of up to four million Americans, including one million children, through the use of chemical and biological weapons.

Now these statements and others from al Qaeda have been appearing on a Web site, www.alneda.com (ph). Now the frequency of the statements coming from al Qaeda in recent weeks is causing some concern among terrorism investigators.

In the last month or so, there have been at least five communications. The statements make reference to coming weeks and months, suggesting that an attack could be imminent.

Now one counterterrorism official says the timing is nearly right. Most big attacks, according to terrorism experts, seem to happen within the August to November timeframe. Now the officials I spoke with today expressed a sense of urgency and a great deal of concern.

Now it is true the FBI director and Bush Administration officials have publicly said that they do expect another attack, but there seems to be a heightened level of anxiety in recent days.

As an example, sources that I usually have access to said that they simply had no time to talk. As one official put it, this is the real deal. Anderson.

COOPER: That is pretty terrifying. How do we know that any of the stuff that's on the Web site is real? I mean how do we know that his Web site is made, you know, isn't made by some kid in the Midwest who's just playing a prank?

ARENA: Well investigators and terrorism experts do believe that it is al Qaeda that is behind it. There's lots of ways to corroborate information so they're pretty comfortable with that.

I do need to remind everyone though, Anderson, that while this does seem very ominous and it is very serious, there still is no specific information that is coming in that talks about a target or a date.

As you know, there's lots of information swirling about the possibility of something happening on July 4th, nothing credible coming in to support that.

So while there is a great deal of concern and a great deal of anxiety that at least I sensed today in talking to people, we have to repeat that there's no specific or credible information that has come in that is leading investigators in any one direction.

COOPER: Which I guess for some people makes it all the more scary that there is nothing specific.

ARENA: This is true.

COOPER: All right, Kelli Arena in Washington, thanks very much.

ARENA: You're welcome.

COOPER: We go now to Utah and the latest on the case of Elizabeth Smart. On Friday night, our attention was focused on one man, a drifter and a drug user named Bret Edmunds, who turned up sick at a West Virginia hospital.

Tonight, a different man has grabbed the attention of headlines, a man whose rap sheet stretches back 15 years before Elizabeth Smart was even born, a man who had done work last year at the Smart's home. Once again, here's Jeanne Meserve from Salt Lake City.

(BEGIN VIDEOTAPE)

MESERVE (voice over): Richard Albert Ricci has a 29-year criminal record that includes convictions for Burglary, Robbery, Theft, and Attempted Murder for a shootout with police during a 17-day escape from the Utah State Prison. Now, police say, he has risen to the top of their list in the Elizabeth Smart abduction.

CHIEF RICK DINSE, SALT LAKE CITY POLICE DEPARTMENT: I want to emphasize he is at this point in time not a charged suspect, but he is very interesting and there are a lot of unanswered questions regarding his actions between May 31st and June 8th of this year.

MESERVE: Ricci was questioned shortly after the June 5th abduction, after police learned he had worked as a carpenter in the Smart home about a year ago. Elizabeth's father paid him in part with a Jeep. When a re-interview raised red flags, Ricci was picked up on a parole violation and put in the county jail June 14th, where he has been questioned and polygraphed more than once.

Police say he matches the general description given by Elizabeth's younger sister but the 48-year-old Ricci is older, taller, and the description made no mention of a moustache.

There has been an extensive search for evidence in his home and car. His neighbors in a suburban Salt Lake City trailer park say their street was crawling with FBI agents this weekend. A porch on an adjoining property was ripped down when dogs hit a scent, and Ricci's in-laws say FBI agents even dug up his tomato garden.

David and Roxy Morse say their daughter has told police Ricci was at home the night of the abduction and they believe he is innocent.

DAVID MORSE, RICCI'S FATHER-IN-LAW: He's a good guy. Since he's been in our family, he's been a good son-in-law and the stuff that they're accusing him of is, I don't when the hell he's ever had time to do it.

MESERVE: Ricci was working at a plant nursery at the time of his arrest and helped with a landscaping job at a house less than a mile from the Smarts on June 1, just four days before the abduction. But his employer finds it hard to believe Ricci was involved.

LEE MITCHELL, RICCI'S EMPLOYER: He was a great worker. He did a good job. He was conscientious and he took care of the customers very well. The customers liked him.

(END VIDEOTAPE)

MESERVE (on camera): Police say Ricci is cooperating, but one investigator says that doesn't necessarily mean he's being truthful, adding if police had enough to charge him, they would. Anderson.

COOPER: Well, Jeanne, you know I know we in the media have a very short attention span, but last week you know we had a lot of headlines about this man Bret Edmunds. Police wanted to talk to him. He then showed up on a Friday at the hospital. Police did talk to him. Did we learn anything? I mean have the police now totally just ruled him out?

MESERVE: Police say they have not eliminated any possible suspects, that the net is still wide open, but the interview with Edmunds took only one day. He cooperated. He gave the green light for investigators to go through his car, and so it seems clear that Edmunds has moved down the list as Ricci has moved up. And, Anderson, one additional note, police say they have found no connection between the two men.

COOPER: All right. Jeanne Meserve, thanks very much from Salt Lake City.

On now to the national round-up, beginning with a school bus crash outside of Dallas. A bus, carrying 40 children headed to summer camp, crashed east of the city. Four kids were killed and so was the driver after the bus slammed head-on in to a concrete bridge support.

To Arizona and the wildfires, two big blazes have now merged, threatening to overrun the small eastern town of Show Low. More than 300 houses and 16 businesses have been destroyed by the fires. Thirty thousand have fled their homes. President Bush will meet with firefighters in Arizona tomorrow.

And an update on a story NEWSNIGHT covered a few weeks back from Rhode Island, the corruption trial of Providence Mayor and marinara mogul, Buddy Cianci. Cianci today was found guilty of one count of Racketeering/Conspiracy and innocent on another 11 charges. Apparently he didn't extort a free lifetime membership at a health club, but the conspiracy conviction could get the mayor up to 20 years in prison and a $250,000 fine.

And coming up on NEWSNIGHT, the Supreme Court ruling on the death penalty, what exactly does it mean? And up next, the president's Mid East peace proposal, what will happen now?

(COMMERCIAL BREAK)

COOPER: A bit more now on the Middle East and the president's speech today. We're joined by two people with a world of experience in the region. In Washington, Robin Wright, Chief Diplomatic Correspondent for the Los Angeles Times and with me in New York, "TIME Magazine" Editor-at-Large Michael Elliott. Thanks very much for being with us, both of you.

Michael, I want to start off with you. Your reaction to President Bush's speech tonight.

MICHAEL ELLIOTT, EDITOR-AT-LARGE, TIME MAGAZINE: I thought it was pretty disappointing.

COOPER: In what way?

ELLIOTT: Well, he didn't look confident when he was giving it and I thought the reason that he didn't look confident was probably because he realized that its immediate impact, I suspect, is going to be rather limited and it's going to limited, I think, because Palestinians are going to feel frankly patronized by some of the language in it. And I don't think he kind of gives them an immediate incentive to do what undoubtedly needs to be done in terms of creating structures in the Palestinian Authority that are more honest, more transparent, less corrupt, more effective and which actually have a chance of stopping terrorism.

COOPER: Robin, let me bring you in here. President Bush did not mention Yasser Arafat by name, but certainly the implication was clear. Were you surprised by what he said?

ROBIN WRIGHT, LOS ANGELES TIMES: I think that was the most surprising element of the speech and it's probably also the hardest thing to accomplish. This is a man who after all is the father of Palestinian nationalism. He put the movement on the map dating back to a time he literally went door-to-door to sell his magazine "Palestine."

He has faced death many times. He has given up the rest of his life and he has sought always to achieve a Palestinian State and to ask him at this particular juncture to back away, to retire, is going to be pretty tough, and I think that you will probably see, among Palestinians as well as the broader Arab world, some initial, at least, resistance.

COOPER: President Bush outlined a proposal basically saying 18 months from now there could be a provisional Palestinian State. Michael, do you think that's realistic?

ELLIOTT: Well, I thought it was - the single bit of the speech that I thought was most interesting was the fact that he used the time scale of three years to come to a final settlement.

COOPER: Right.

ELLIOTT: And I thought that was gutsy, actually. I mean that was -

COOPER: Gutsy because?

ELLIOTT: Gutsy because he will now be held to that, that is there is a date certain, which people will expect the U.S. Administration, not just the parties in the region to do something to meet. And so, I thought that was actually a step forward and a step that he needn't have taken. But I think it's pretty optimistic.

COOPER: Robin, do you think the very fact, I mean do you think the Palestinians are basically going to focus on the call for the change in leadership and rule out the other things that were proposed in this speech? Is that going to initially break this deal?

WRIGHT: Well, I think actually that you will find among Palestinians today a real change. Over the past couple of months, there's been a growing interest in seeing change within their own system. And perhaps even a change in some of the leaders at the top.

But again, as Michael pointed out, the idea of having it imposed or dictated by the outside world is something that they are likely to resist.

I think in terms of the time frame, one of the things to remember is, this is the best of all possible worlds, and this is contingent on a lot of very major change that is not common in the Arab world, you know, democratic elections, a new constitution, an independent judiciary.

That's a lot to achieve for a people with very limited experience in self-government in a part of the world that has held out the most ardently against democratic reform. COOPER: There was a reaction, Matthew Chance reported earlier, from Yasser Arafat's people. Would -- do -- I don't know if you heard that, but were you surprised by the Palestinian reaction? I mean, in a sense, Matthew Chance was saying that they were sort of trying to make the best of it and try to give out an upbeat response.

Robin?

WRIGHT: Oh, I think that Arafat's probably fudging it right now. He doesn't want to become the focus point of reaction. But I think the reaction of Saeb Erakat, which is the chief Palestinian negotiator, saying that Arafat is the elected representative of the Palestinian people, probably reflects at least the initial reaction of the leadership at the top among the Palestinians, that whole generation that went through the struggle and now is in charge in the Palestinian Authority.

COOPER: You -- Michael, I mean, is there a new generation of Palestinian leadership just waiting to come up?

ELLIOTT: Well, I -- just waiting to come up, is a big of an exaggeration. I mean, undoubtedly there are plenty of people in Palestine who are dissatisfied with the present leadership, who are dissatisfied with the state of the Palestinian Authority, who hate the degree of corruption that there is, and who would like a genuinely different dispensation, both economically and politically.

But Yasser Arafat, as Robin said right at the beginning, is the father of the nation. I mean, he's been leader of the Palestinians since the early 1960s, when Donald Rumsfeld was an obscure congressman from Illinois and George Bush was a Yalie.

And he wasn't born yesterday. He will, as Robin says, fudge now. He won't do anything to kind of blow this out of the water immediately. But I think some Palestinians, even if they want substantial change, will be outraged, actually, at the sense that their leadership is being dictated to in this way.

COOPER: Any fear that in fact this will strengthen Arafat? I mean, those Palestinians who would have had some power to oppose him will have to back off, because they don't want to be seen as being a puppet of the U.S.

ELLIOTT: I think it's much -- I think it's too early to make that judgment. I mean, I think that, you know, the next few months or so, next few weeks, we'll learn a little bit more on that.

COOPER: All right. Any final thoughts, Robin?

WRIGHT: No, I think it's quite interesting that you're beginning to see a reaction trickle in from the outside world. Kofi Annan at the United Nations said that -- pointed out that Arafat was the elected representative of the people. I think every other element in Bush's speech will be widely welcomed worldwide. I think the one thing that will be most controversial will be the issue of Yasser Arafat. COOPER: All right. Robin Wright, Michael Elliot, thanks very much.

Still to come on NEWSNIGHT, taking on gun laws by giving away handguns -- one man's unique solution.

And up next, the Supreme Court and the death penalty.

(COMMERCIAL BREAK)

COOPER: Death penalty opponents got a big win last week when the Supreme Court ruled that executing the mentally retarded of -- the mentally retarded amounts to cruel and unusual punishment. They got another win today. The Supreme Court ruled that juries, not judges, should make the decisions on whether a killer lives or dies.

They found the sentencing laws of five states unconstitutional. The question is, what does it mean for dozens of convicts awaiting their sentences, and hundreds more on death row, already sentenced by a judge?

Joining us now is, from Detroit, Arizona Attorney General Janet Napolitano, who argued for the states and says today's decision is outrageous. And here in New York, CNN legal analyst Jeffrey Toobin.

Thanks very much for being with us.

Ms. Napolitano, I want to start off with you. Your reaction to the Supreme Court's ruling today?

JANET NAPOLITANO, ARIZONA ATTORNEY GENERAL: Well, obviously I'm disappointed. The Arizona statute, which was the actual statute at issue in the Supreme Court's case, was held expressly constitutional by this court merely a decade ago. And our state, as the other states have, have relied on the Supreme Court.

And so now to have to reopen these cases and resentence these defendants -- these are not cases about guilt or innocence or what their DNA evidence, or something of that sort. This is a procedural issue that the Supreme Court now has reversed ground on. And the real losers today are the survivors of the victims, because now they have to go through yet another court proceeding.

COOPER: Well, what exactly does happen now? I mean, in Arizona, I think you have some 120 or so people on death row?

NAPOLITANO: Yes, we have 128 individuals on death row.

COOPER: Those people, those people will not be retried, but they, they probably are facing resentencing.

NAPOLITANO: Well, not all of them. My view is, after reading the Supreme Court's opinion, is that the only cases it applies to are those that are still on direct review, because there's nothing in the opinion that says it's retroactive.

COOPER: So you don't think this is grandfathered.

NAPOLITANO: They haven't said it's grandfathered. I am sure, given the advocacy of the defense bar, we will end up fighting that issue in court. But certainly nothing in the opinion suggests that is is retroactive.

So what it will apply to are approximately 30 of the 128 inmates on Arizona death row.

COOPER: Jeffrey, want to bring you in. How big a decision is this?

JEFFREY TOOBIN, CNN LEGAL ANALYST: You know, I think those of us who cover the courts sometimes we're a little like the boy who cried wolf when we say, It's a landmark, it's a big deal. This is a huge, huge decision, I think much bigger than last week's on the mentally retarded.

COOPER: Because?

TOOBIN: Because there are about 3,700 people nationally on death row. This affects probably 800 or so. Thirty-eight states have the death penalty now. This could -- it certainly gets rid of the statutes on, in five states, and probably nine states, nine states, many of which, including Florida, Alabama, Arizona, who have a lot of people on death row. It's an enormous decision.

And what's especially important, I think, is the decision was seven to two.

COOPER: Right.

TOOBIN: You had Justice Ginsberg...

COOPER: O'Connor...

TOOBIN: ... who wrote the opinion, O'Connor and Rehnquist dissented. But this means that probably the two most conservative justices, Justice Scalia and Justice Thomas, were with the majority. And the attorney general was right, the Supreme Court did uphold the Arizona statute just 10 years ago, and very explicitly, they reversed that decision today.

So what that means is, this court is uncomfortable with the way the death penalty is being administered now, and there are going to be a lot of changes.

COOPER: Well...

NAPOLITANO: Well, and I think...

COOPER: Go ahead.

NAPOLITANO: ... Jeffrey, if I might add, I think the reach is even beyond the death penalty, because what is happening here is, this court is taking a case called Apprendi (ph) about the jury's role in sentencing, and really applying it across the board. And I think that will have impact on lots of sentencing statutes beyond the death penalty, the federal sentencing guidelines, for example.

I think this court does not really comprehend the disruption it caused the criminal justice system in America today.

TOOBIN: Well, Justice O'Connor made very much the point that the attorney general is making here. I mean, she said, There is going to be litigation the likes of which we haven't even seen. I think, again, the attorney general is right. Is this retroactive or not? That could mean literally hundreds of new court cases. In all of them, the victims' families will have to get back involved, get back in court, revisit these horrible experiences.

But, you know, the court is saying, We were maybe a little too easy on letting the states execute people, and we're going to step in here. So...

COOPER: Well, another -- and my understanding, this also is what the court was saying, was that juries are basically more fair in sentencing than a judge. Do you, do you...

NAPOLITANO: Yes, and I, I, I want, I -- yes...

COOPER: ... disagree with that, I take it?

NAPOLITANO: Well, I'd like to -- some input on that. First of all, there was no contention made in this case that the Arizona death penalty was being applied by the judges who were doing the sentencing in an unfair or arbitrary manner.

And quite frankly, if I were a defense lawyer, I'd be a little wary of the law of unintended consequences, because I know Arizona juries, and I think they're going to be more inclined to impose the death penalty than judges are, who see lots of murder cases and have some kind of scale of what are the worst of the worst...

COOPER: So you actually think this is going to result in more death penalty...

NAPOLITANO: I think it conceivably could. And again, because the Supreme Court is clearly trying to work through, A, its feelings on the death penalty, but B, they have really made very unclear for those of us who have to practice law in the field on a day-to-day basis, what is the role of a judge and what is the role of a jury?

And I think we're going to see these issues litigated ad nauseum for the next couple of years.

COOPER: So that you're anticipating a lot of cost, I mean, in Arizona alone, I would imagine.

NAPOLITANO: Oh, absolutely. You know, and it's not just the fiscal cost. But Jeffrey was right. I mean, it's -- you know, to reopen these death cases that were tried and sentenced in specific accord with a specific Supreme Court case, and to have these victims have to go through listening to the details of the horrendous murders that occurred here, that, that, I find outrageous.

TOOBIN: And when they're not litigating over whether judges or juries made the right decision, there's going to be a whole new set of litigation because of last week's decision deciding who's mentally retarded? Does the judge decide who's mentally retarded?

NAPOLITANO: That's right.

TOOBIN: Does the jury decide? There is going to be a lot more death penalty litigation as a result.

But I do think, you know, DNA evidence in the past couple of years has shown so many incorrect convictions that the judges are spooked. And maybe they're right to be spooked, that there are wrong -- there are people wrongly convicted on death row.

So they are putting on the brakes a little bit...

COOPER: But...

TOOBIN: ... and saying, Let's not execute as easily as...

COOPER: Well, do you think -- do you...

TOOBIN: ... we did in the past.

NAPOLITANO: Well, yes, but, but, but, but, but that doesn't...

COOPER: Go ahead.

NAPOLITANO: ... make any sense here, because there was no question that the inmate at issue in this case was, at the very least, a major conspirator in the murder of an armored car driver. And I know in my tenure as attorney general, we've had a number of executions, and in none of them was DNA or innocence implicated.

So for them to translate that kind of gestalt of worry to all of these cases is an overreaction. I don't think that's what happened. I think what's happening is, A, they don't know what their feelings are on the death penalty, they're in transition there, and B, they really are struggling with what is the role of a jury, and what is the role of a judge?

COOPER: All right, Ms. Napolitano, got to ask you this question. You are running for governor. Is this going to become a political issue?

NAPOLITANO: I hope not, because it's too serious to become a political issue. We're talking about some of the bedrock fundamentals of justice in our country. And I really hope my electoral opponents understand that and so forth.

But, jeez Louise, I, you know, we're out in the states, we're relying on what the U.S. Supreme Court says, we have relied in good faith on that. There was no question that Ring (ph) was guilty. That was not even an issue in this case. And now to have to reopen that sentencing and potentially 30 more, it's not a good day for the states.

COOPER: And Jeffrey, I want, just want to...

TOOBIN: I -- it won't affect my candidacy at all. I'm not -- I'm not running for nothing.

COOPER: Yes, not yet, not yet. But let me ask you, I mean, you, you said that the Supreme Court is perhaps uncomfortable with, with, with the death penalty. Do you think they're targeting the death penalty? I mean, are we going to hear more from the Supreme Court?

TOOBIN: Well, I think certainly...

NAPOLITANO: I would think so, yes.

TOOBIN: ... there will be more. There will be -- I mean, every year there are lots of death penalty cases. But we have seen a sensitivity to defendants' positions in the Supreme Court this year like we haven't in years.

This is a pro-death penalty court. This year indicates a dramatic transformation. It won't apply, certainly, in every case. They're not going to stay every case in front of them. But they are clearly concerned about the issue, and there'll be a lot more cases.

COOPER: All right.

NAPOLITANO: I think that's right.

COOPER: We got to end it there. Attorney General Napolitano, Jeffrey Toobin, thanks very much.

TOOBIN: OK.

NAPOLITANO: Thank you very much.

COOPER: All right.

Later on NEWSNIGHT, our letter to Ann Landers. And why in the world is this man giving away handguns? That is coming up next.

(COMMERCIAL BREAK)

COOPER: A story now about how one man is protesting against gun control by giving guns away. Now, we promoted this story on CNN earlier today, and while we're always happy when we get some viewer response, some viewers didn't seem to understand that we are not the ones giving guns away. In fact, one viewer wrote in to say, "Send me one of your free guns, a nine-millimeter if there is a choice."

Another said this, "Thank you for taking a position in favor of handguns."

So just to second -- set the record straight tonight, we are not coming out in favor of handguns. We do not take positions, and we are definitely not giving away guns. But there is someone who is. Jeff Flock filed this story from Chicago.

(BEGIN VIDEOTAPE)

JEFF FLOCK, CNN CORRESPONDENT: What kind of firearm is that?

JOHN BIRCH, PRESIDENT. CONCEALED CARRY INC.: This is Killtech (ph) P-32.

FLOCK (voice-over): John Birch likes guns.

BIRCH: I've got an arsenal. Do you know how many guns I've got? I mean, I don't want to tell you on the air...

FLOCK: The 20-year Army vet and president of the pro-gun Concealed Carry, Inc., feels so strongly about Americans' Second Amendment rights, he's giving away a gun a month on his Web site.

Only catch, you have to live in Chicago or one of four U.S. communities where it is illegal to have a handgun.

(on camera): What you just did here was start the process toward violating the law.

CHERIE STEPHENS, FLIGHT ATTENDANT: That's correct.

FLOCK (voice-over): Twenty-eight-year-old flight attendant Cherie Stephens (ph) doesn't care, and is the first to go public to say she got a gun.

STEPHENS: I live in the murder capital of the country, despite the fact that Cook County has some of the most oppressive gun laws.

BIRCH: Cherie, I think you're a very brave person. I want you to know, know, know that.

TOM MINARD, HANDGUN OPPONENT: It's a shame that he doesn't have the courage to come and do this himself.

FLOCK (voice-over): Tom Minard (ph) heads an anti-handgun group and thinks John Birch is a menace.

MINARD: The authorities should pursue action against him as an accessory to a crime.

FLOCK: But authorities tell us it's the person with the gun who's in trouble.

UNIDENTIFIED MALE: They're facing jail time, and they're going to go to jail.

BIRCH: If you answer any questions falsely, it's a felony.

FLOCK: Birch, no relation to the namesake ultraconservative group, ironically goes by the book in giving the gun to Stephens. BIRCH: I'm calling the Illinois State Police.

FLOCK: Complete with a Brady check, 72-hour cooling-off period...

BIRCH: That call started her clock.

FLOCK: ... and a lesson on how not to get arrested.

BIRCH: Because we get this radical blue color, and we also get red, people will mistake it for a, for a toy, and they won't call the cops.

FLOCK: The first gun winner, this Hasidic Jew, more concerned with defending himself than setting an example.

(on camera): You're standing with your back to the camera right there because you don't want the police coming knocking at your door at this point.

UNIDENTIFIED HASIDIC JEW: I'm not stupid, so I definitely don't want -- I'm not looking to invite trouble.

FLOCK (voice-over): Cherie Stephens is, and let us come along when she picked up her electric blue P-32.

BIRCH: Congratulations on being the recipient of one of our free guns.

FLOCK: A libertarian who's trying to run for state legislature, she believes it's time somebody made a public stand.

STEPHENS: I'm defenseless without my gun. But now I'm not. I'm ready for them.

FLOCK: She better be. The next people at her door may have guns themselves, and badges to go with them.

I'm Jeff Flock, CNN, in Chicago.

(END VIDEOTAPE)

COOPER: Frankly, I didn't know a P-32 came in electric blue, but you learn something new every day.

A few quick items now from around the world, starting in Afghanistan. Hamid Karzai says he is nearly done naming a cabinet. The ministers all come from different factions, so this has not been an easy job.

From Brazil comes this, two newly discovered kinds of monkeys. They are tiny, about the size of kittens, apparently, and were found 1,800 miles deep in the Amazon.

And from the United Kingdom tonight, she is not amused. But I must admit I am, by a poster showing Britain's Queen Elizabeth II with a sex manual in hand, saying, regally, of course, "One must get one."

Today, Buckingham Palace sent a letter to the lingerie chain running the add saying, regally, of course, One must cut it out.

We ought to point out here the image of Her Majesty was electronically altered by the lingerie chain in question. No actual monarch was hurt making the ad.

Next on NEWSNIGHT, we say farewell to a modern American oracle.

(COMMERCIAL BREAK)

COOPER: Well, in ancient Greece, there was the oracle, a woman endowed by the gods with the power to understand things ordinary people couldn't. Pilgrims came to her temple from all over to beg with help with their problems.

Well, we had an oracle too. Her temple was "The Chicago Tribune," and the 1,200 or so other newspapers in which her syndicated column appeared. That oracle of ours is gone now. Ann Landers died over the weekend at the age of 83.

(BEGIN VIDEOTAPE)

ANN LANDERS, ADVICE COLUMNIST: All I do is write a column...

COOPER (voice-over): She was, in fact, Esther Pauline Friedman Lederer, Eppie to her friends. The name Ann Landers came along with a contest she won in 1955 to replace the advice columnist of "The Chicago Sun Times." From that day forward, first at "The Sun Times," then at "The Tribune," for more than five decades, seven days a week, without a single day off, she was modern America's very own oracle, born on the Fourth of July in Sioux City, Iowa.

Pilgrims came to her courtesy of the post office, thousands of letters every day, boxes full of heartbreak, bewilderment, confusion. Some were so sad, she said once, that, "If I couldn't insulate myself, I'd have gone to pieces."

But she didn't go to pieces, she went to the typewriter instead, and to her countless well-known friends, many of whom were experts in their fields. And she dispensed what must be the steadiest stream ever of thoughtful, commonsensical, uncritical wisdom.

Who can say how many she may have helped over some hurdle or through a thicket or out of a jam?

There are people who probably should have written to Ann Landers but never did. Think of letters signed, Jittery in Jerusalem, Ravaged in Ramallah, Worried in Washington. But it's too late for that now. Ariel Sharon and Yasser Arafat and George W. Bush will have to go elsewhere for advice.

Ann Landers is gone.

(END VIDEOTAPE) Lot of people probably wondering tonight, What shall we do?

That is NEWSNIGHT for tonight. You can sign up for our daily e- mail. Just go to cnn.com/newsnight.

I'm Anderson Cooper. I'll be sitting in for Aaron Brown all week, and I'll see you tomorrow night at 10:00. Good night.

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