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CNN Newsnight Aaron Brown
New York Announces Remembrance Ceremonies for 9/11; Martha Stewart Woes Continue; Florida State Football Coach Takes Motto from 9/11
Aired August 06, 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. I'm Anderson Cooper, in for Aaron Brown.
It has been quite a while since NEWSNIGHT opened with a talk about September 11, though it is never far from our minds. Tonight seemed like the right night to revisit that date, because this evening we'll be talking about lower Manhattan at three different moments in time.
First, September 11, 2001, the minutes right before the attack, minutes that now seem so magically mundane and routine, and the minutes right after. Tonight we'll bring you part of an audio tape that is thought to be the first uninterrupted recording of the attack.
Then we'll look to lower Manhattan on September 11, 2002. The city today announced its plans to mark the one-year anniversary in which each name will be read, bagpipes will converge on the site from all five boroughs, and New York's governor will read the Gettysburg Address.
We'll also think about Ground Zero in the future. What should become of those 16 acres? American ground, as it's sometimes called now. We recently heard of a suggestion from a little girl who said, rebuild the towers just as they were, but build them underground, so terrorists can't find them.
The girl's fear is understandable, perhaps but, of course, no one wants a memorial that shrinks from the skyline. We've been getting suggestions by the thousands from viewers, and we will see a few more of them tonight.
And so we begin "The Whip" with those 9/11 audio tapes, and Bill Hemmer, who's been analyzing them.
Bill, a headline.
BILL HEMMER, CNN CORRESPONDENT: Yes Anderson, the first known audio tapes to capture the entire collision of both planes in both towers is now out. You'll hear part of that chilling audio once again, going back to last September in a moment, coming up Anderson.
COOPER: All right. We also mentioned plans for the 9/11 one-year anniversary. Michael Okwu is tracking that story today.
Michael, the headline.
MICHAEL OKWU, CNN CORRESPONDENT: Anderson, the New York City mayor announced the long-awaited plans for the anniversary of September 11, which includes former Mayor Rudy Giuliani joining victims' families in the reading of all 2,823 of the dead. We'll have that for you later on.
COOPER: All right.
Closing arguments in the trial of David Westerfield, the man, of course, accused of killing 7-year-old Danielle van Dam. Rusty Dornin is following the case.
Rusty, a headline.
RUSTY DORNIN, CNN CORRESPONDENT: Well, after two months of testimony, 100 witnesses, final arguments are finally underway in a case where it sometimes seemed that the sensational headlines overshadowed the fact that 7-year-old Danielle van Dam was kidnapped and murdered. We'll have more for you later.
COOPER: All right. Another death caused by West Nile virus. Rea Blakey is on that tonight.
Rea, the headline.
REA BLAKEY, CNN MEDICAL CORRESPONDENT: Anderson, the long, lazy days of summer in Louisiana have taken on an ominous feel, with 14 more cases reported on this day, and five deaths, the state's West Nile virus outbreak is the largest in U.S. history, and the human toll will likely continue for months to come.
COOPER: All right, we'll be back with all of you in a moment.
Also coming up on NEWSNIGHT tonight, Keith Olbermann on the new motto of the Florida State Seminoles. The motto, "let's roll," has a lot of people angry tonight.
Also tonight, Martha, Martha, Martha. Just when it seemed like she might get a breather from all the insider trading questions, she gets a whole new big basket of woe. We'll get the latest from Charles Gasparino of the "Wall Street Journal."
We'll also have my magazine round-up for the week, heavy on J.Lo tonight, but I do get a mention in for my favorite set of twins -- not those twins -- I'm talking about the Olsen twins.
And a look at why August is the cruelest month for replacement anchors like me and anyone in therapy. And yes, by the way, most replacement anchors are in, or should soon be in, some kind of supervised therapy. Just my opinion. We begin tonight with the tale of the tape. What is on it is compelling and horrifying. How the tape came to be is a story in itself. The tape was made by the FBI on September 11, and CNN obtained a copy with the help of the "New York Daily News," which broke the story.
The FBI had wired an undercover informant who was meeting a suspect in a tax-assessment case at the World Trade Center complex on that fateful morning. Any crime that the FBI was investigating early that day would soon become a mere sideshow for the crime that was about to happen: the crash of American Airlines Flight 11 into the north tower. It is the first complete audio record of the attacks that we know about.
Once again, here's Bill Hemmer.
HEMMER: Chilling indeed, and haunting too, Anderson. Good evening again.
On the morning of September 11 Steve McArdle was working as an informant for the FBI. McArdle was wearing a wire. His job was to tape record a meeting with a tax assessor in the Marriott Hotel. That's the hotel that was located at the foot of the former towers.
McArdle is doing his job, talking about ins and outs of bribery when the first tower is struck.
What you're about to hear is the first plane hitting the north tower, followed by a lot of confusion, and the McArdle's dash for the door outside.
(BEGIN AUDIO CLIP)
UNIDENTIFIED MALE: Can I have a glass of water please?
UNIDENTIFIED MALE: Thank you.
UNIDENTIFIED MALE: That was an explosion. That was an explosion.
UNIDENTIFIED MALE: Oh my God. Oh my God.
UNIDENTIFIED MALE: Let's get out of here.
UNIDENTIFIED MALE: Go! Go! Come on, go!
(END AUDIO CLIP)
HEMMER: It was about that time when the room scrambled, taking McArdle two full minutes to work his way outside to the sidewalk. And when he arrived there a woman stopped him on the street to find out what was happening upstairs.
(BEGIN AUDIO CLIP)
STEPHEN MCARDLE: They blew up the World Trade Center. UNIDENTIFIED FEMALE: Why?
Oh, my God (UNINTELLIGIBLE)
MCARDLE: Oh, those are people.
(END AUDIO CLIP)
HEMMER: Now in that section we just played, Anderson, seven minutes after the first explosion, the reason for the screaming, we're told, is that McArdle and the others on the sidewalk had started to see people jumping from the north tower and hitting the ground below.
It was roughly 10 minutes after that conversation another explosion is heard. It's 9:03 a.m. right now, the second tower has been hit by United Airlines Flight 175. That crash so loud the recording is distorted. This is believed, once again, to be the only known, uninterrupted audio recording of the entire attack in New York back on 9/11.
COOPER: What happened to the man recording, Mr. McArdle?
HEMMER: He's OK, actually, physically speaking he's OK. And the man he was trying to be the informant on is also OK.
The two FBI agents -- we haven't been told where they were at the time -- they were monitoring the audio tapes, apparently they had quite a struggle to get out. We don't have specifics on how they got, but they, too, did manage to survive.
COOPER: The tape is, often unintelligible. But as you said -- and you were listening to it today, which you were listening to it for quite a while today -- what really struck you is the moments before the attack occurred, how eerily normal everything was.
HEMMER: The tape, in its entirely, runs about 90 minutes. The last 30 minutes of it is when the first tower is struck going to the end of the tape, where you heard just there.
For the hour prior to that, though, you heard McArdle working his way through the hotel, through the atrium in the World Trade center, buying Marlboro cigarettes, Rod Stewart music playing in the background.
It was so much like a normal breakfast, with people talking in the restaurant. And at one point he's walking through and you can hear him on the tape say, isn't it great in here, I love this place.
A lot more tomorrow morning on "AMERICAN MORNING," 7:00 a.m. Eastern time.
COOPER: All right, thanks a lot Bill.
HEMMER: Sure.
COOPER: This audio tape is, of course, a piece of accidental history. What its impact is, what its importance will be is something we wanted to talk about with someone who's been collecting sound from that terrible day.
Nikki Silva is one of the radio producers behind something called the Sonic Memorial project. It's a collection of taped memories, phone messages from the day, literally the voices and the noises of the World Trade Center that will air on public radio during the week of 9/11.
She joins us tonight from San Francisco.
Thanks very much for being with us Nikki.
What do you make of this tape, what do you hear in it?
NIKKI SILVA, INDEPENDENT RADIO DOCUMENTARY PRODUCER: Well, you know, I read the transcript. I was given a copy of it before this program. And I think it really sort of proves what I've always thought that, you know, reading something really can't take you there the way an audio tape captures that moment.
Sound really transports you, and you can feel sort of the breath and the life in what's happening. It is very chilling.
COOPER: Why is it important to you and to the people you're working with to collect sounds from that day from the World Trade Center?
SILVA: Well, our project is not just collecting sounds from that day. We're trying to look at the life and history of the building in the neighborhood, of the many people who lived and worked in that area and to sort of look at a moment in history.
And it's important because it's part of the historical record, certainly. And it really feeds into something that we've been working on in our radio work for several years now, which is using historical recordings to bring history to life, and to sort of communicate some larger ideas about how we live and daily life, and not just history from the top down, but history sort of from every person's point of view.
COOPER: What has it been like working on the project -- I mean, listening to the sounds, hearing from these people?
SILVA: Well, it's been very hard. Because like I said, we're trying to look at the life and history. It's a memorial, and in that way we're trying to talk about the life as well as the death.
And it's very sad listening to all of the phone messages and -- but it's interesting, too. Because it's probably one the first events that's ever been chronicled from so many different vantage points, through something as mundane and simple as the phone answering machine. We have phone messages from every vantage point.
People have called us on our sonic memorial phone line and given us their messages, and we have messages from Germany, and messages from Lower Manhattan, and messages from California, and inside the building, outside the building. And it's a unique moment in history.
COOPER: And these are messages from people within the building calling out, from people outside the building calling in?
SILVA: And people calling each other, communicating how they're trying to get in touch, everyone trying to find one another. That -- a surprising message was from a man from Germany calling someone in Lower Manhattan leaving a message on her voice mail because he was able to tell her what was happening.
She was very near the towers, but had no idea because she was too close to see. And he was seeing all the reporting and wanted to check in with her.
COOPER: Do you think people will want to hear these recordings? Do people want to he what happened that day?
SILVA: That's a great question. We're trying to -- what we're trying to do is give everything context and allow people to be alive and living and not just focus on the death. And there's lots of music. There were concerts in the plaza for years, wonderful concerts, artists coming there, were infusing the program with that. We're talking to historians, to scholars, people who have perspective and insight, so we're trying to give life in amongst the horror of that day.
COOPER: All right. Nikki Silva, thanks very much. It was really interesting talking to you. The Sonic Memorial Project, that will be on public radio the week of September 11.
We move now to the plan for September 11, 2002, unveiled today, and the number that keeps coming back again and again: 102 minutes from the first plane hitting to the second tower collapsing. That is how long the ceremony at ground zero will be the morning of September 11, with politicians drawing on the American history created in those few minutes and the American history that came before.
Here's Michael Okwu.
(BEGIN VIDEOTAPE)
OKWU (voice-over): New York's mayor and governor unveiled a schedule of events they hope reflects respect for the dead, defiance against the hijackers, and honor to what the mayor called New York's spirit of community.
MAYOR MICHAEL BLOOMBERG, NEW YORK: That spirit is the reason why New Yorkers have won and the terrorists have lost. It is fueled our remarkable recovery from the attack of 9/11.
OKWU: It's that sense of community that's inspired organizers to kick-off the anniversary with a procession of bagpipers and drummers much like those at the ground zero closing ceremony in May, though this time originating from all five New York City burroughs.
In the past Mayor Bloomberg has expressed his desire to keep 9/11 observances understated, moving, but apolitical. Drawing on the suggestions of more than 4,500 citizens and victims' families, organizers have called for a moment of silence at 8:46 a.m., the time the first hijacked plane careened into the north tower.
This will not be a day for speeches, but rather recitations evoking principles of democracy and freedom. The Gettysburg Address, the Declaration of Independence, Theodore Roosevelt Four Freedoms. Sacred American documents on hallowed American ground.
BLOOMBERG: Our intent is to have a day of observances that are simple and powerful, that honor the memory of those we lost that day.
OKWU: Former mayor Rudy Giuliani will lead some of the reflection, joining victims' families in reading the names of all 2,823 dead. At 10:29 a.m., marking the time the second tower collapsed, New York's City's bells will toll.
Families for the first time will descend into the pit at ground zero, roses in hand to pay their respects.
CHRISTY FERER, LOST HUSBAND IN WTC COLLAPSE: It was very important for them to be able to go down to ground zero, for many of them, and touch and feel that area. For them it remains a cemetery, a sacred ground.
(END VIDEOTAPE)
OKWU: Now, President Bush will also take part, paying his respects at ground zero that afternoon. And then world leaders will light the eternal flame at sunset -- Anderson.
COOPER: So, I mean it's nice to see the relatives clearly had a big hand in planning these memorial observations.
OKWU: Oh, that's exactly right. Relatives as well as thousands of New Yorkers who went on Web sites, called the mayor's office. Clearly this, as the mayor put it, was a collaborative effort.
COOPER: All right, Michael. Thanks very much.
We go now to the future for ground zero, and your suggestions for what to do with Lower Manhattan. To submit your own, go to cnn.com/NEWSNIGHT, and you'll see the links.
You can also vote on which ones you like the best. Earlier we said that no one wants to see a memorial that shrinks from the skyline. Well, that is not exactly true. Matt in New York sent in this suggestion. We thought it was sort of interesting. He calls this the underground inverted towers design. A new trade center reaching into the earth. A railing would keep people from falling, in case you were wondering. We certainly were.
This from Jim in Seattle, one building that he thinks should be as, quote, "striking, powerful and impressive as the old towers."
The footprints of the towers would be left as parks. And Philip from California has a creative look with his twisted metal culminating in a tear drop as high as the original building. We'd like you to keep the suggestions coming. We appreciate all those who have sent in suggestions so far.
There is another death in Louisiana from West Nile Virus. We'll have an update on the spread of the illness later on NEWSNIGHT. Up next, closing arguments in the trial of the man accused of killing Danielle van Dam.
(COMMERCIAL BREAK)
COOPER: Closing arguments today in San Diego in the trial of David Westerfield. He, of course, is charged with the kidnapping and murder of young Danielle van Dam. The prosecution seems to have the weight of the evidence on its side. The defense, on the other hand, is raising issues, some of them fairly ugly, in hopes of keeping Mr. Westerfield out of the death chamber. Here again CNN's Rusty Dornin.
(BEGIN VIDEOTAPE)
RUSTY DORNIN, CNN CORRESPONDENT (voice-over): A little girl who never got to see her eighth birthday. A fact, prosecutors say, was sometimes lost in the often-sensational trial of David Westerfield, the neighbor accused of kidnapping and killing 7-year-old Danielle van Dam last February. In closing, prosecutor Jeff Dusek told the jury to pay close attention to DNA evidence he claims points directly to Westerfield.
Two days after van Dam was kidnapped, Westerfield delivered some laundry to a nearby dry cleaners. Included was his jacket.
JEFF DUSEK, PROSECUTOR: On the jacket was Danielle van Dam's blood. On his jacket, taken to the dry cleaners that morning, when it's cold out, when he doesn't have his clothing on. That in and of itself tells you he is guilty beyond a reasonable doubt.
DORNIN: But reasonable doubt is exactly what the defense hit upon.
FELDMAN: If there's two reasonable interpretations of the evidence, one pointing to the defendant's guilt, the other pointing to his innocence, you must -- no choice -- must adopt the interpretation pointing to innocence and reject the interpretation pointing to guilt.
DORNIN: A trial filled with tales of sex parties and drugs, tales that often seemed to overshadow the kidnapping and murder of a little girl. The defense told jurors it's important to bring out the van Dam's lifestyle, because it could cast doubt on whether it was Westerfield who took Danielle that night.
FELDMAN: This is a lifestyle they choose to lead, so be it. But there's risks. Because when you invite the world in, you don't know what you bring. You don't know what -- or what pervert, for that matter, is coming in the door when you're in bar making invites.
DORNIN: What about the hair and fibers belonging to the little girl that were found in Westerfield's house? That happened, the defense says, when Brenda van Dam brought her daughter to the defendant's to sell girl scout cookies. The defense also called an expert witness who claimed Danielle's body wasn't exposed to insects until sometime between February 12th and 21st, and therefore was not murdered until then.
Defense attorneys argued Westerfield was under close police surveillance long before then, so he couldn't have killed her. Prosecutors say the body was so decomposed, she died much earlier.
DUSEK: She was killed in early February, before his alibi kicks in.
FELDMAN: Wrong! You didn't hear any evidence in this trial at all!
DORNIN: Alibis that are very credible, argued defense attorney Stephen Feldman, in his highly-charged close. In sharp contract, his client, David Westerfield, sat registering little emotion, as he has throughout the two-month trial.
(END VIDEOTAPE)
Now defense attorney Stephen Feldman is about an hour-and-a-half into his closing arguments when the court recessed this afternoon. So he'll resume tomorrow morning. Then there will be rebuttals by both sides, but there's a very good chance that the jury could begin deliberation as early as tomorrow afternoon -- Anderson.
COOPER: Rusty, you mentioned obviously that the defense spent a lot of time focusing on the alleged lifestyle of the van Dam parents. Were they in the courtroom?
DORNIN: They were in the courtroom today. They heard the testimony, and of course, again, defense attorney Stephen Feldman was bringing a lot of those things up, a lot of the sex activities as well as the drug use. Now Mr. van Dam actually was barred for the courtroom for a short period of time because apparently he was making threatening gestures towards David Westerfield, and the judge actually barred him for the courtroom for about a week.
But he was back in. They were very quiet during the proceedings and didn't show very much emotion.
COOPER: All right. Rusty Dornin, thanks very much.
As Rusty Dornin reported, it's the DNA evidence versus reasonable doubt. And if you think that makes it a lead-pipe cinch for the prosecution, think about two letters. O.J.
Joining me now, CNN Legal Analyst Jeffrey Toobin. Were you surprised at how much the defense focused on the lifestyle or the alleged lifestyle of the van Dams?
JEFFREY TOOBIN, CNN LEGAL ANALYST: They really took a risk. And it was interesting today, Stephen Feldman was sort of feeling around, trying to figure out how hard to push that issue, because at one point in his summation, he said well, if you think this is irrelevant, their lifestyle, remember, the judge admitted this evidence, so it must be relevant.
Sort of trying to push responsibility for raising this onto the judge. You just -- until this goes to the jury and we hear what they have to say, it's going to be very hard to know how they take this, because they could be repelled...
COOPER: Right.
TOOBIN: ...at this attempt to put the parents on trial.
COOPER: But it seems like the defense isn't, at this point in their closing arguments, focusing so much on evidence, more on reasonable doubt?
TOOBIN: Right. This fairly standard beginning for a defense summation, talking in great detail about what a difficult standard it is to meet reasonable doubt, how circumstantial evidence is different from direct evidence, really going over the burden of the prosecution before he really delves into the evidence, but he's a good lawyer, Stephen Feldman, and he's making the arguments you can make with this evidence.
COOPER: How do you think the prosecution did?
TOOBIN: You know, I used to be a prosecutor. I never had a chance to do cases as important as this one. This is why you are a prosecutor, to deliver a case like this. The thing that Jeff Dusek, the prosecutor, did at the beginning, was he put a little picture of Danielle van Dam right in front of jury, and said this is what the case is about.
And you know, the crime is so monstrous, and there is so much evidence, 100 witnesses. I thought he really did a wonderful job of conveying the emotion necessary but also working his way through a lot of very technical evidence.
COOPER: When is this likely to go to trial?
TOOBIN: Rusty said tomorrow. I was in the courtroom all last week. This trial moves very slowly. My bet would be the jury doesn't get it until Thursday.
COOPER: What is it like in the courtroom?
TOOBIN: You know, it's interesting. It is the smallest courtroom I think I've ever been in, certainly for a big case. It's tiny. I mean, three rows of spectators, the defense table and the prosecutor's table are literally touching. One of the reasons the judge, I think, was so concerned about the threatening gestures from the father towards David Westerfield is that he could be on his back in 30 seconds.
There's only three rows of spectators. It's just a very intense environment with the jury -- the jury -- it's so crowded the jury walks out through the spectators. They don't even go out through the back. It's tense in there.
COOPER: What -- if Westerfield is found guilty, what happens then? How long before sentencing?
TOOBIN: Well, if he's found guilty of the first-degree murder, there would then be a penalty phase to determine whether he gets the death penalty, which would be a mini trial involving the same jury. If he's acquitted or convicted of lesser charges, then that's the end of the trial.
COOPER: But the end is pretty near?
TOOBIN: Oh, absolutely. I don't think the penalty phase in this case would be very long, although it's been a slow moving trial. And I think this jury, they took a lot of notes -- it's almost two months of trial -- I don't think there's going to be a fast verdict. I think they're going to go through all this. Also, you talk about legacy of O.J., jurors in high-profile cases don't want to be known like the first O.J. jury of deciding in a snap. They're going to take their time, at least a few days.
COOPER: Do you think it's likely that we'll hear from the jurors after the trial is over?
TOOBIN: You know, these jurors in these high-profile cases recognize that they are sort of public figures, and virtually always on the day of the verdict, they say we don't want to talk. And then, as the days pass, a lot of them do talk.
COOPER: All right. Jeffrey Toobin, thanks, as always.
Coming up on NEWSNIGHT, Martha Stewart has a whole new basket of woe, and the menace of West Nile Virus. Is it spreading? We'll be right back.
(COMMERCIAL BREAK)
COOPER: So just three years after arriving in this country from Africa, the West Nile Virus is now in nearly every state east of the continental divide. The latest outbreak, in Louisiana, where we today learned a fifth person has died of the disease.
Here again CNN's Rea Blakey.
(BEGIN VIDEOTAPE)
BLAKEY (voice-over): The nation's largest outbreak of West Nile virus is expected to grow even larger.
DAVID HOOD, LOUISIANA DEPT., HEALTH & HOSPITALS: As long as the warm weather lasts here in Louisiana, I think we're going to be faced with this problem, and we're going to see an increasing number of cases. And unfortunately, probably some additional deaths as well. BLAKEY: Louisiana's governor is asking the federal government for nearly $14 million in emergency money to fight the outbreak. The state's $6 million West Nile war chest is quickly being depleted. Combating the virus, which is spread by mosquitoes, means 24-7 insecticide spraying and laboratory testing.
Before Louisiana, the largest U.S. outbreak of West Nile occurred in New York in 1999. That was the first time the virus showed up in the U.S. By the end of that season 62 people were sickened, five died.
From New York the virus advanced each year, spreading to states along the Eastern Seaboard and into the south. It's now in 34 states and the District of Columbia. So far no documented activity west of a line that roughly extends from Winnipeg, Canada to Houston, Texas. But West Nile is expected to continue spreading west.
The Centers for Disease Control and Prevention is warning Americans not to panic. The CDC says, of the people who are actually known to become infected with the virus, only about one in five will have any fever or other signs of the illness. And only one in 150 infected people will develop more serious complications.
Louisiana health officials, worried about overloading the system, say a mosquito bite is not enough reason to run to the doctor's office.
UNIDENTIFIED MALE: There's nothing you can do, we don't have a drug to kill the virus.
BLAKEY: Symptoms that should send you to the doctor include severe headache, sensitivity to light, fever, sometimes rash, and signs of mental confusion.
Reduce your risk of being bitten by an infected mosquito by wearing long, loose, light-colored clothing. Use insect repellent that contains the chemical DEET, 20 to 30 percent DEET for adults, under 10 percent for kids. And get rid of all standing water outside; that's where mosquitoes breed.
(END VIDEOTAPE)
BLAKEY: While West Nile virus is getting the lion's share of media attention, there are other viruses that can be transmitted by mosquitoes in the U.S.: malaria, dengue and yellow fever, all of which could be just as dangerous as West Nile -- Anderson.
COOPER: Rea, in your report we heard from the gentleman who said there is no preventative medicine to stop the virus. How do they treat it once you have it? I mean, you say, you know, don't go to the hospital unless you have these symptoms; what happens once you get to the hospital?
BLAKEY: Well, obviously for those who have milder symptoms it generally just passes. You might feel as if you have a slight case of the flu. But, again, many people have no sense of symptoms whatsoever.
Those who do have severe symptoms, basically what they do is manage the symptoms. They try to keep people hydrated. They try to provide them with the kinds of medication that will make them feel better. But, again, there is no actual vaccine for the virus, and pretty much just needs to run its course.
COOPER: And its generally worse for the very elderly and the very young, right?
BLAKEY: Exactly. The people who have been infected in Louisiana, the cases there, most of those people have been age 50 and over. There has been just one case among the age group of 16-24. But, again, generally people who are not in great health, who have, perhaps, weakened immune systems, who are more susceptible.
COOPER: All right, thanks Rea.
A few more stories now from around the nation, starting in Los Angeles with the now separated conjoined twins. They are resting in the intensive care unit after marathon surgery on both the twins, then five hours of follow-up surgery on one of the girls to relieve pressure on her brain.
President Bush got a clean bill of health today. Doctors pronounced him in excellent shape despite the wear and tear of last year. The president will spend the next few weeks on vacation at his ranch in Crawford, Texas. No word on his dog's health.
And in the hills east of San Diego, a wildfire is burning out of control for the second time. Crews thought they had it contained, until yesterday when it jumped a firebreak, igniting a new patch of trees. So far more than a dozen homes have been destroyed.
Still to come on NEWSNIGHT, stain removal tips from Martha Stewart.
(COMMERCIAL BREAK)
COOPER: So when last I addressed the Martha Stewart controversy here on NEWSNIGHT, Martha was seen assaulting a head of cabbage with a knife and deflecting questions on the "CBS Early Show." After witnessing that, no cabbage in America, it seemed, was safe.
Well, hide your cabbages, Martha may have another reason to unleash that kitchen knife. The assistant to Martha's broker has told investigators that she sold her ImClone shares after he advised her to because her friend, ImClone CEO Sam Waksal was selling, and so were members of his family.
Joining me now Charles Gasparino, who reported the story in the "Wall Street Journal" this morning.
What is the significance of...
CHARLES GASPARINO, "WALL STREET JOURNAL": Yes, let me just correct you, yes, he did advise her based on the order of his boss, Peter Bacanovic, who was Martha's broker.
COOPER: OK, and now what is the significance of that?
GASPARINO: Well, it casts incredible doubt on Martha's story. And Martha's story, as you know, was that they had a prearranged agreement: When stock fell below 60, sell.
This casts doubt on that, obviously, because he's saying, hey, there's no agreement; this is why she sold, because we informed her that the Waksals were selling.
COOPER: And is there any hard evidence at this point that there was a prearranged agreement?
GASPARINO: No, there's no hard evidence. I mean, there's some scribblings on, like, a piece of paper which, you know, may or may not say that there was an agreement.
But, you know, usually there's the sort of documentation that occurs. You know, you go to broker, you say, put in a stop loss order, and it's in the computer system. That did not occur here.
COOPER: Could she make the argument that, you know, a lot of their business was conducted at parties and sort of in a social milieu, and therefore they didn't need to have these official papers?
GASPARINO: I'm sure she'll make that argument. But it's not really passing the test over at Merrill. I mean, they don't believe that.
And I know people in the prosecutor's office don't believe that either.
COOPER: If this is the information she was given, the stuff that came out today, is it a violation of the law?
GASPARINO: It's unclear if it's a violation of insider trading laws. It may be. It's kind of a gray area.
But what it does is it kind of draws more attention to the obstruction of justice charge. You have to realize that she went and she said -- she issued statements -- public, material statements -- that there was a stop loss agreement. And now there's more evidence that there wasn't.
COOPER: So, again, this could be a case where it's the cover-up that gets you, not necessarily...
GASPARINO: It's that cliche that always seems to be true. You know, it's the cover-up that gets people, not necessarily the crime.
COOPER: For people who have not been following the story as closely -- and you've basically been working on this story for quite a while.
GASPARINO: Non-stop. COOPER: Non-stop, right.
Outline how many -- I mean, how many investigation are there going on right now? What is the status of...
GASPARINO: Into Martha Stewart?
COOPER: Yes.
GASPARINO: Well, there's a Senate investigation -- or a House investigation. There is a Justice Department investigation. There's an SEC investigation.
That's three. You know, it doesn't sound like a lot, but those are three...
(CROSSTALK)
GASPARINO: ... agencies that are looking into this...
COOPER: And they seem to be at times competing with each other for access.
GASPARINO: Right.
I think it's kind of interesting, tonight there's been a whole bunch of -- flurry of activity by the House committee looking at this. They're saying that they want to see Martha, that she's refused, they're saying, but they want to bring her in.
It seems like they're competing with the Justice Department to get to the bottom of this first. Which isn't so bad, you know, let's get it over with.
COOPER: Who is likely to see her first?
GASPARINO: That's a good question. I don't know. You know, you would think that the Justice Department generally moves slow, methodically when it comes to these matters. You would think that the Senate (sic) would move first on this.
COOPER: Right. Is this thing anywhere near the end? I mean, it just seems to keep going on and on.
(CROSSTALK)
COOPER: ... vacation plans...
(CROSSTALK)
GASPARINO: No. Actually, as a matter of fact, my wife is going on vacation tomorrow without me.
No, I think in the next two weeks we have to know something, we have to know which way this is going as far as she's concerned. I mean there's... COOPER: You say that we have to know because?
GASPARINO: Because they just can't let this drag on forever. I mean, there is an impact on shareholders of her company, so I think it behooves them to move fast on this.
COOPER: Right, well that -- I mean, that is my next question. What is the impact both on her personally, and obviously, on her company?
GASPARINO: Personally, from what I understand, it's been a huge strain, obviously, draining experience. On shareholders -- I mean, the stock has been getting pretty much pummelled since this whole thing happened. And it's kind of not fair to keep it going forever. I mean, they really have to make a move on this.
COOPER: And there wasn't there something the other day about an investor or several investors wanting to file charges or sue Martha Stewart or is that just...
GASPARINO: That happens all the time. I cannot really comment about investor lawsuits, but that's generally one of the problems when you have an issue like this, you get sued like crazy.
COOPER: There was for a while a movement saying, she's got to come out, she's got to come out and make some sort of strong, clear statement.
GASPARINO: Well, she did. She said she didn't do anything wrong.
COOPER: Right, has she said anything since then?
GASPARINO: You know, she's said she didn't do anything wrong. She's made several statements. She does her show. I mean, I see her on TV when I'm on the treadmill every now and then.
(CROSSTALK)
But like I said, there's really been -- I think her lawyers have it kind of pretty much locked down right now. This is a very managed case at this point. She hired one very good lawyer recently, Bob Morvillo, one of the best in the business, so you know she knows that this is a serious matter.
COOPER: Right. Cool. Well, thanks very much for being with us.
GASPARINO: Thank you.
COOPER: We will read your stories in the "Wall Street Journal," as always.
Before we go to break, a quick look around the world, starting in western Mexico. Authorities tonight blaming bad breaks for a bus accident that killed at least 33 people. Among the dead 10 children heading to Guadalajara to perform in a reenactment of the Last Supper. A court date in Rome today for the Russian mobster charged with fixing a pair of Olympic ice skating events. When asked if he would consent to be extradited to the U.S., where he's facing charges, he said "Nyet."
And we'll stay in Rome to catch up with this guy. Remember, when we last saw Roberto Cercelletta, he was up to his ankles in a protest at the Trevi fountain. The government had just rescinded his semi- official permission to fish for coins there. Went a little nuts, slashed his belly, waved his arms, that sort of thing, and that was that.
Until today, that is. There's one thing you can say about Signora Cercelletta -- excuse me. He is persistent. Today he went back to the fountain and was caught with another bagful of change. Police said, "Basta," and took him in.
Ahead on NEWSNIGHT, Bowden or Bowden? Keith Olbermann calls the whole thing off.
(COMMERCIAL BREAK)
COOPER: On a day in which we've devoted so much of the program to the 11th of September, this next story fits, in a way, but it doesn't really feel like it belongs.
Do you remember the item last week out of Cincinnati, when Jim Bowden, the Reds general manager, turned 9-11 into a foot-in-the-mouth remark. Tonight another place, another sport, another man, oddly enough with the same last name. This time it is 9-11, the T-shirt. Keith Olbermann joins us now with another story that makes you wonder, what are these guys thinking -- Keith.
KEITH OLBERMANN, CNN CONTRIBUTOR: Not very much, apparently.
After all the positives professional and college sports contributed to the healing of this country after the terrorist attacks, the tide has suddenly turned for the worse. Five days after a baseball executive compared a possible strike to the hijacking of the jetliners, a college football coach has chosen as his team's official slogan a phrase that is hauntingly, heart-breakingly associated with 9/11.
(BEGIN VIDEOTAPE)
(voice-over): Florida State's Bobby Bowden has made the annual selection of the new team motto to be printed on the squad's T-shirts, repeated as a motivational tool by the players, perhaps even chanted at Seminole football games: "Let's Roll."
"Let's roll," were among the last words said by one of the passengers on United Flight 93, Todd Beamer. Beamer and other civilians overpowered the hijackers, preventing a fourth building crash. All on board died near Shanksville, Pennsylvania.
The phrase has, of course, been used by others. (BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Now America is embracing a new ethic and a new creed: Let's roll.
(END VIDEO CLIP)
OLBERMANN: Coach Bowden says he personally chose the phrase.
BOBBY BOWDEN, FLORIDA STATE FOOTBALL COACH: ...of that guy on that plane, knowin' they were fixing to die, and they were going to try to keep it -- save the White House or whatever they were going to hit.
And I heard that guy. They said he said, "Let's roll." I could really relate to that. And that's exactly the motto we're trying to get to our players. Is -- hey, the season has started. We got bad year last year, let's roll, and then of course in honor also of those people who died on that plane.
OLBERMANN: His players already have picked up the phrase, if not its meaning. The "Fort Lauderdale Sun-Sentinel" quotes quarterback Chris Rix as saying, "This season is going to be fun. Like Coach Bowden says, let's roll." Unquote.
These quotes come less than a week after Cincinnati Reds General Manager Jim Bowden made his regrettable jokes about September 11 and a baseball strike.
JIM BOWDEN, REDS GENERAL MANAGER: My viewpoint is there will not be one because there can't be one, and if they do walk out, as I said, make sure it's September 11, be symbolic about it.
(LAUGHTER)
Have Donald Fehr drive the plane right into the building, if that's what they want to do.
OLBERMANN: But even Bowden's remarks did not touch on the possibility of merchandising. A Florida State spokesman insists the athletic department won't try to make money off it, and doesn't want anybody else to. Only 70 T-shirts bearing the phrase let's roll have been made, for the players themselves, but the spokesman did admit somebody else could put it on a T-shirt.
The foundation started by his widow Lisa Beamer in memory of the man Bowden could only identify as "the airplane guy" has sought to trademark that phrase, "Let's roll," so that when people do make money off of it, that money goes to the children of the victims of September 11.
(END VIDEOTAPE)
For the stock car race on September 22 in Delaware, the car driven by Bobby Labonte will be painted with the words "Let's Roll." Money raised that day from merchandise sales will go to the Beamer Foundation.
Florida State's spokesman Jeff Purinton (ph) confirmed today that neither Coach Bowden nor anyone else in the athletic department there had contacted the foundation about the use of the phrase or its appropriateness or tastefulness. This was meant to be something private, between the coach and the team, he said.
Obviously, it stopped being that the day Bowden told the press about his selection of it -- Anderson.
COOPER: It's just unbelievable. I mean, I don't even know what to ask you. It's one of those things, you just -- you shake your head and you say I can't believe it.
OLBERMANN: I had calmed down about it until I heard the tapes earlier.
COOPER: The quote from Bowden is just extraordinary.
OLBERMANN: It's damning with faint respect, is the best way to put it. And it's unfortunate, and in Bowden's defense, I believe truly from talking to people around him that he sincerely thinks this is a tribute to all that happened on September 11 and yet...
COOPER: Not that he's exactly clear what happened on September 11.
OLBERMANN: Obviously not, from what we've heard.
COOPER: That whole White House thing.
OLBERMANN: Yes. It's extraordinary and I think it speaks for itself.
COOPER: Any response from Lisa Beamer?
OLBERMANN: Not yet. We're trying to get in touch with the Beamer Foundation about whether or not they have finished off the process of trademarking this for charity purposes, and we have not been able to get in touch with them yet. It's not big group, and if they travel it's hard to get a hold of them. But clearly they have had some association with the NASCAR people -- Bobby Labonte's team had the presence in mind and the decency, one would say, to contact them to make sure it was all right, and to work out an arrangement by which the photographs, the T-shirts, the merchandising in that stockcar race will go to the Beamer Foundation and in turn then go to the kids who were the children of the victims on that day.
COOPER: And this is a done deal with the Seminoles? I mean, they've printed up the T-shirts, they're moving ahead with this?
OLBERMANN: One would think that a successful college football program like Florida State could probably print 70 T-shirts with another phrase on it, but there's no indication that they're going to change.
COOPER: Unbelievable. Keith, thanks very much.
OLBERMANN: I wish it were unbelievable.
COOPER: Yes, I wish it were too. God.
Next on NEWSNIGHT, it's August, time for fill-in anchor bingo, and also a cheat sheet for your weekly magazine reading.
We'll be right back.
(COMMERCIAL BREAK)
COOPER: All right, so you'd think with all the magazines that hit the newsstands each week, there'd be something out there worth reading, but no.
"People" magazine this week is filled with innocuous details about the week-long romance between Ben Affleck and Jennifer Lopez. Here's a quick summary: They met, he bought her a bracelet, she brought him cake, blah blah, blah, it'll be over next month. In Hollywood, lasting love is harder to find than an honest agent.
Not to be outdone, "Us" weekly also features J.Lo and B.Af, as I like to call him. I want to warn regular "Us" readers, the article is longer than a paragraph. Now I know it's a strain, so you might want to rest up before you read it. You've got to check out the "Us" section called "Red Carpet Cuties" where they analyze the fashion sense of three prepubescent Hollywood hipsters as they tramp and vamp before salivating paparazzi. I'm not kidding. The oldest girl is only 11. But as the financially conjoined Olsen twins have proven, in Hollywood it is never too early to start shaking your stuff and selling your wares.
"Elegant Bride" magazine provides a countdown for cosmetic surgery you should have before your wedding day. It is so romantic. Nine months before the big day, they recommend liposuction. Three months before, they recommend an endoscopic brow lift, blepharoplasty and meloplasty. Six weeks to go? Microdermabrasion and a chemical peel, and perhaps breast surgery. And in the final month pump some collagen into those lips, and get ready to pucker up.
Hey, you know what, even if the wedding doesn't happen, don't worry, with all that plastic surgery, you can always get a job anchoring at Fox News -- but it's meant with love.
That's about it for magazines this week. Frankly, I recommend you read a book.
One final thought tonight before we go, we here at NEWSNIGHT tend to watch a lot of TV -- all right, I confess, I tend to watch a lot of TV.
Now, if you're similarly afflicted with a lack of a life, you might have noticed this week's the beginning of the annual August exodus: The month where the rich and famous in New York and Washington decide, hey, they no longer need to work. Now if you want to find the most sparsely populated place on earth right now, forget the Australian Outback, forget the Serengeti or even the Arctic Tundra. In fact, look no further than the anchor desks of network news.
It's like a month-long Roger Corman movie, attack of the fill-in anchors.
There's Charlie, he's in for Peter; Matt -- there's Peter -- Matt is in for Tom; Miles is in for Wolf, I think, yes; and I'm in for Aaron.
Where do all these guys go? I mean, who's having lunch at Michael's (ph) this week? God bless Dan, Connie, Lou and Larry. At least they've stuck around for the dog days of summer.
And it's not just the anchors. What about the politicians? I know President Bush is in Crawford, Traficant's in jail. Where are all the other ones? Since when did Americans become like Europeans, taking the month of August off? Are we going to start eating snails next?
I was so upset by the fact that I had to work today -- well, if you can call this work -- I tried to call a psychotherapist. You know what? They're on vacation too. They're all on Cape Cod analyzing sea gulls or something. I tried like 10 therapists, this is all I got: listen.
(BEGIN AUDIO CLIP)
UNIDENTIFIED FEMALE: I will be out of the office from August 3 through August 17, and will not have access to my voicemail during this time.
UNIDENTIFIED FEMALE: I will be out of my office through August 18.
UNIDENTIFIED MALE: I will be away until August 26.
(END AUDIO CLIP)
COOPER: It's depressing.
By the way, I'm off tomorrow, Aaron Brown will be filling in, but just for a couple days.
That's NEWSNIGHT for tonight. I'm Anderson Cooper. Thanks a lot for watching NEWSNIGHT. As I said, Aaron Brown will be back tomorrow.
I think I'm going to be anchoring in Atlanta Saturday morning or Sunday morning, so if you happen to be up and don't have a life, stick around and watch me then.
Good night, everyone.
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