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CNN Newsnight Aaron Brown

Gadhafi Agrees to Disarmament; Homeland Security Warns of Terrorist Threats; Bremer Survives Attack

Aired December 19, 2003 - 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.


AARON BROWN, HOST: Good evening again, everyone.
It was, like the top 40 disc jockey might say, a blast from the past. Moammar Gadhafi, the forgotten despot in these days of Saddam and Osama, agreeing to give up his weapons of mass destruction.

This coming 15 years after he, or at the very least, his government, blew up a Pan Am jet over Lockerbie, Scotland, in a stunning act of terror.

Some of the families of those who died that day are anything but confident that Colonel Gadhafi actually means what he says. But President Bush seemed confident enough to make the announcement himself, a Friday surprise that tops the program and begins "The Whip."

Suzanne Malveaux at the White House tonight. Suzanne, a headline from you.

SUZANNE MALVEAUX, CNN CORRESPONDENT: Well, Aaron, it really was a stunning announcement here at the White House, that Libya was offering to give up its weapons programs. And with the fall of Saddam Hussein, now the dominoes are beginning to fall.

BROWN: Suzanne, thank you. We'll get to you at the top tonight. Many, many questions tonight about all of this. Lots of blanks to try and fill in.

David Ensor has been working on that. So David, give us a headline.

DAVID ENSOR, CNN CORRESPONDENT: Well, U.S. officials are saying that Libya turns out to have had a more advanced and larger scale nuclear program, program to try to develop a bomb, than they had realized. It also has a sizable chemical weapons arsenal.

How do they know? CIA and British intelligence have been all over Libya in secret in the last few months.

BROWN: David, thank you.

And finally the arguments shaping the Kobe Bryant rape trial before it even starts. A major hearing in Eagle, Colorado.

Gary Tuchman is there. Gary, the headline. GARY TUCHMAN, CNN CORRESPONDENT: Aaron, tonight Kobe Bryant will miss his first Laker game as a result of his legal troubles. He came here to Colorado for a preliminary hearing. One of his major quests, to get access to his accuser's medical records -- Aaron.

BROWN: Gary, thank you. We'll get back to you and the rest shortly.

Also coming up tonight, a big loss for the recording industry in its effort to stop the illegal downloading of music.

Then there's the story of Rush Limbaugh and his next big battle, keeping his medical records from prosecutors.

We'll get some expert opinion tonight on the new design for the World Trade Center site that was unveiled today. Paul Goldberg, who joins us. He's the architecture critic from "New Yorker" magazine. It will be good to see him again. It's been awhile.

And as always, we'll check your morning papers, plus a special musical moment to end the program. Oh, my goodness. The accordion guy is back. All that and more in the hour ahead.

We begin tonight with today's surprise announcement on Libya. So much of a surprise, we really only have the outlines of the what, hints of the how and inklings of the why.

First the what and CNN's Suzanne Malveaux.

(BEGIN VIDEOTAPE)

MALVEAUX (voice-over): In a dramatic and historic shift in policy after decades of tension with Libya, President Bush and British Prime Minister Tony Blair announced Libya is abandoning its nuclear weapons program.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Today in Tripoli, the leader of Libya, Colonel Moammar Gadhafi, publicly confirmed his commitment to disclose and dismantle all weapons of mass destruction programs in his country.

MALVEAUX: For more than a decade, Libya had been diplomatically and economically isolated under international sanctions for its role in the 1988 bombing of Pan Am Flight 103 over Lockerbie.

But last September, Libya took responsibility for the bombing and worked to reach a financial settlement. That process opened the way for nine months of quiet negotiations regarding Libya's weapons programs.

The secret meetings were held in various European cities, involving Libyan officials, U.S. and British diplomats, intelligence agents and sometimes Gadhafi itself.

CIA officials visited key sites in Libya, where they took photos and collected samples from Libya's weapons program. The culmination of their effort, an agreement whereby Libya pledges to eliminate chemical and nuclear weapons programs, eliminate long-range ballistic missiles, allow immediate international inspections and declare all nuclear activities.

A senior administration official says Libya has acknowledged that North Korea helped develop its SCUD missile program and provided useful weapons technology.

But the officials said none of the components discovered in Libya are from Iraq or part of Saddam Hussein's alleged weapons of mass destruction program. President Bush said, however, the world can learn from Libya's example.

BUSH: Leaders who abandon the pursuit of chemical, biological and nuclear weapons and the means to deliver them will find an open path to better relations with the United States and other free nations.

(END VIDEOTAPE)

MALVEAUX: But tonight a senior administration official says the U.S. is not yet ready to discuss lifting sanctions. They're going to see whether or not Libya delivers on its promises.

Today's developments have emboldened this White House and has capped a week of stunning successes, from the capture of Saddam Hussein, to the cooperation of Germany, France and Russia to forgive Iraqi debt -- Aaron.

BROWN: It's been a heck of a week for the White House. Is that what Libya gets out of this deal, assuming Libya wants to get something -- and I always do -- it gets the sanctions lifted eventually?

MALVEAUX: Well, that certainly is a possibility. But the administration is being very cautious about making any kind of promises.

They really want to see, first of all, if Gadhafi is good on his word, that he's actually going to let those inspectors inside of his country, that they're going to dismantle those programs. And then they'll be ready to talk about the possibilities of lifting the sanctions.

But right now they say the discussions are really at the first initial stages.

BROWN: Suzanne, thank you very much. Have a good weekend.

For years, Moammar Gadhafi occupied the same role as Saddam Hussein, a villain with a capital "V," the central character in real world acts of terror as well as the star of a number of best selling thrillers based on the premise that one day he would get the bomb.

How close he came and how he apparently came to give it up remains the stuff of classified briefings and history yet to be written. But bits and pieces are emerging tonight.

With that, our national security correspondent, David Ensor.

(BEGIN VIDEOTAPE)

ENSOR (voice-over): Based on visits by CIA and British intelligence officers to key Libyan facilities like this one in Rabta (ph), officials say Libya has a sizable stockpile of chemical weapons but appears to have stopped producing them years ago.

There is also a large underground weapons facility at Tarhouna (ph). Years before any American had seen it, Pentagon officials offered this sketch of how it might look.

A senior administration official says Libya has no nuclear weapons but has an ongoing evident to produce them, including uranium processing and enrichment facilities. U.S. officials were shown ten different nuclear sites.

DARRYL KIMBALI, ARMS CONTROL ASSOCIATION: That is very surprising. The United States did not believe -- U.S. intelligence did not believe that they would have such facilities. But given that those are tin (ph) sites, they're diffuse. They're hard to detect. That suggests that these could have been hidden away.

ENSOR: For about 25 years, the U.S. and Libya have had a hostile relationship. The U.S. declared Libya a terrorist state in 1979.

U.S. pilots shot down a Libyan jet after it fired at them over the Mediterranean in 1981.

Ten days after the 1986 bombing of a disco in Berlin killed an American servicemen and injured others, President Reagan retaliated by ordering bombs dropped on Gadhafi's compound. The leader's adopted daughter was killed in the raid.

RONALD REAGAN, FORMER PRESIDENT OF THE UNITED STATES: We have evidence that links Libyans or surrogates to at least 25 incidents last year. These terrorist states are now engaged in acts of war against the government and people of the United States. And under international law, any state which is the victim of acts of war has the right to defend itself.

ENSOR: Pan Am Flight 103 was blown up over Lockerbie, Scotland, two years later. Britain and the U.S. accused two Libyans, including an intelligence officer, of complicity in the bombing.

It was not until 1999 that the two suspects were turned over to a Scottish court meeting in The Hague. Some family members of those killed on Pan Am 103 are dismayed by the announcement that Libya is moving closer to normal relations with London and Washington.

BERT AMMERMAN, BROTHER OF PAN AM VICTIM: And sadly, I think they're making another mistake in trying to talk to the devil.

(END VIDEOTAPE) ENSOR: Gadhafi has promised before to take steps towards ending Libya's isolation. This time administration officials are saying they believe he means it.

Needless to say, though, like Suzanne, I'm hearing that U.S. officials are planning to wait and see before they reciprocate -- Aaron.

BROWN: At the same time, the president of the United States and the British prime minister, they don't go out before the microphones to announce this unless they feel they've got a pretty good deal. Do you agree with that?

ENSOR: Yes. And, you know, months and months of intelligence officers being allowed to comb all over the facilities in Libya, take pictures, take samples, do whatever they wanted to, that has built the confidence of President Bush and Prime Minister Blair.

BROWN: David, good, fast work tonight. Thank you. David Ensor, our national security correspondent.

A reason to feel better about Libya perhaps. But still plenty to worry about in the world.

And at home this holiday season once again, homeland security officials are trying to assess what they say is an uptick in terrorist threats. They say the volume is up, the threats not specific. Big cities are always at risk, of course.

Here's CNN's Kelli Arena.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT (voice-over): As crowds gather to shop, travel and celebrate, there is increasing concern about threat information coming in about a possible attack against the United States.

SCOTT MCCLELLAN, WHITE HOUSE SPOKESMAN: We have remained concerned about the volume of reporting of threats.

ARENA: Add to the mix a new audiotape allegedly from al Qaeda leader Ayman al Zawahiri, Osama bin Laden's No. 2, with a direct reference to a possible strike on U.S. soil.

AYMAN AL ZAWAHIRI, AL QAEDA LEADER (through translator): Two years after Tora Bora, thanks to God, as we are still chasing America and its allies everywhere, even in their own home.

ARENA: Counter terrorism officials insist there is no credible or imminent threat information. And if there were, they say it would not be kept secret.

Generally speaking, there is intelligence regarding New York City, Washington, D.C., and Los Angeles as possible targets. But those three cities are often mentioned. UNIDENTIFIED MALE: What we're told from our law enforcement people, to be on watch, be on guard, that there's a heightened risk over the next days, indeterminate period but over the next days.

SEN. CHARLES SCHUMER (D), NEW YORK: I know in the holiday season, our police are well prepared. We are probably better prepared in this city than any other, and with good reason.

ARENA: The U.S. has also received general information regarding possible suicide bombings. like those seen in Israel. and persistent reports of attacks on airports.

(on camera) At this point, officials say, there are no plans to raise the national threat level, although it has been discussed. And despite the volume of information coming in suggesting a possible attack against the United States, officials are actually more concerned about an attack overseas.

Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

BROWN: Now to Iraq, where U.S. forces are still very much the target for insurgents.

Today we learned about an especially troubling attack, an attack on the convoy carrying the man in charge of rebuilding the country, Paul Bremer.

It happened two weeks ago on the day Secretary of Defense Rumsfeld was visiting in an area where attacks on Americans have come often. Pentagon officials say they believe the ambush was a random strike, not an assassination attempt. But that is a big unknown tonight.

Reporting the story for us, CNN's Bill Hemmer.

(BEGIN VIDEOTAPE)

BILL HEMMER, CNN CORRESPONDENT (voice-over): On December 6, the same day Paul Bremer is giving Defense Secretary Donald Rumsfeld a personal tour of Baghdad, officials say Bremer's convoy came under attack.

While Bremer's armored vehicle was leaving a meeting at the Baghdad Airport, a roadside bomb exploded. A barrage of machine gun followed. Bremer's convoy sped away. No one was hurt.

At coalition headquarters, a spokesman downplayed the possibility that Bremer was the target of an assassination.

DAN SENOR, ADVISER TO PAUL BREMER: We have reason to believe that it was just a random, opportunistic attack not necessarily targeted at him. But it's premature at this point to make that conclusion. It's a determination that's going to come out in the course of the investigation. We'd like to let that play out. HEMMER: In Basra, Bremer was nonchalant when asked what happened by reporters.

PAUL BREMER, U.S. ADMINISTRATOR IN IRAQ: As you can see, it didn't succeed.

HEMMER: It's the second time a high-ranking U.S. official has eluded attack in Iraq. In October, when the Pentagon's No. 2 man, Paul Wolfowitz, was at the al Rashid Hotel, several rockets were fired into the building. One person was killed. Wolfowitz was unharmed.

Coalition officials in Baghdad dismiss reports that Saddam Hussein loyalists have infiltrated the coalition.

Elsewhere on Friday, an explosion ripped through a building belonging to the main Shiite political party. One woman is dead. At least eight others are wounded.

In another bomb attack, a U.S. military tanker truck was blown off the highway 20 miles west of Baghdad. There were no casualties reported in that incident.

(on camera) Paul Bremer insists that security is getting better in the capital city. He cites a 39 percent drop in violent crime in the last two months.

But explosions that echoed across the capital city yet again on Friday show the city is still far from stable.

Bill Hemmer, CNN, Baghdad.

(END VIDEOTAPE)

BROWN: Ahead on this Friday edition of NEWSNIGHT, the Kobe Bryant case and questions of whether the accuser's medical history should play any part in his rape trial.

Later, we'll preview another hearing involving medical records. This time Rush Limbaugh is at its center. And questions whether prosecutors should have access to his operation in their drug probe of him.

That and much more as NEWSNIGHT continues from New York.

(COMMERCIAL BREAK)

BROWN: The rape trial of NBA star Kobe Bryant is still months away. But today in a Colorado courtroom, arguments that will profoundly shape it began.

The focus of today's hearing and another one planned. What evidence will be allowed once the trial starts?

This is where things get complicated. This is where good lawyering counts. This is where lines are drawn around the information the jury will be asked to consider. Here's CNN's Gary Tuchman.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN CORRESPONDENT (voice-over): On the same day his Lakers were scheduled for a home game against the Denver Nuggets, Kobe Bryant traveled to the Nuggets' home state, hoping the judge would allow the use of evidence his attorneys feel would help his sexual assault case.

But after a long day of discussions in Eagle, Colorado, about what should and shouldn't be allowed in a trial, the prevailing feeling among observers is...

CRAIG SILVERMAN, COLORADO DEFENSE ATTORNEY: This trial not going to happen anytime soon.

TUCHMAN: Standing 15 feet away from the alleged victim's mother and father, Kobe Bryant and his attorneys geared up to ask Judge Terry Ruckriegle a crucial question, will they be allowed to observe medical records of the accuser?

Bryant's attorneys say the woman has tried to kill herself twice, and in legal documents, said she, quote, "makes herself a victim through purported suicide attempts in order to gain attention of her ex-boyfriend."

But the judge never got to the issue, because he was first asked to decide if the hearing to discuss it should be done with the public and media present, something fiercely opposed by the prosecution and the accuser's personal attorney.

The judge said he won't make his decision until the next motions hearing January 23, after receiving written briefs from attorneys.

SILVERMAN: It's a big decision for the judge. It's a big decision for the media. It's also a big decision for the victim and the prosecutors.

Ironically, it's not a big decision for Kobe Bryant. He really doesn't care whether the media is there or not. He just wants a crack at these witnesses.

TUCHMAN: At one point in the day, the alleged victim's father, in the blue sweater, and her mother walked into the courtroom as Bryant's attorneys walked out. They did not acknowledge one another.

UNIDENTIFIED MALE: Kobe, how did the hearing go?

TUCHMAN: Bryant had no comment when he left the courthouse Friday night.

(END VIDEOTAPE)

TUCHMAN: In Colorado, a sexual assault trial is supposed to begin within six months after a plea. But Kobe Bryant was arrested five and a half months ago and no plea has yet been issued, and the judge is giving no indication when that will happen -- Aaron.

BROWN: Gary, thank you. Gary Tuchman in Colorado tonight.

The scope of evidence is crucial in all trials. Cases can be won or loss before a jury is ever seated.

The question here is simple to ask, though hard to answer. What is fair? What is fair to the alleged victim? What is fair to the accused? Fairness matters to both.

In any part -- is any part of a woman's sexual history relevant? Is her emotional condition? Does the defense have a right to such information? Should the jury consider it?

Wendy Murphy is a former sex crimes prosecutor. She knows well the importance of all of these questions and she joins us tonight from Boston.

Nice to see you. Thank you.

WENDY MURPHY, FORMER PROSECUTOR: Good to be here, Aaron.

BROWN: I want to talk about her emotional -- the alleged victim's emotional condition for a second. If what we have heard is true, that there have been these alleged suicide attempts, is that not reasonable grounds for the defense to prime?

MURPHY: I mean, I think the obvious answer is of course not. I mean, people have trouble in their lives. You know, they have trauma. They seek counseling.

Look, Rush Limbaugh just left 30 days of inpatient care for some type of psychological addiction to drugs. Tipper Gore suffered with depression. Are we to suggest that if they, then, become a crime victim at some point in the future that those records should be made available, because who knows whether they're crazy?

You can't speculate about someone's motive to lie in a criminal trial based on silly mythology about what their mental health patterns have been in the past.

Now, if the defense knew that this woman was psychotic. If she went to the police and said, "I've been raped by Kobe Bryant, and I just arrived from the Planet Zeton and I want to talk about it," fair game to talk about her mental health.

We don't have that here. You've got to make up a lot of facts to make her history relevant and they're not there.

BROWN: Yes. I don't want to make up any facts but I also think that we're not necessarily helped by taking this to the illogical extreme. Because somewhere in the center here, it seems to me, is relevant or not.

The defense argument is that she does things to attract attention, to get the attention of a former boyfriend. Why is that not reasonable to pursue, if in fact that -- if that is true?

MURPHY: Well, first of all, Aaron, you're speculating about whether it's true. But even if it is true, how does that explain anything about the night in question? He wasn't her boyfriend. I mean, it's not as if it's a similar situation, a similar fact pattern.

But, again, back to the premise, which I reject. There is no evidence that what you just said is true.

Let's remember something about the William Kennedy Smith case. You want to talk about prior behavior telling us something about the behavior prior to the night in question.

There were allegations from three other women that he sexually assaulted them. That was not allowed as evidence at trial. Why? Because that doesn't elucidate the truth about the night in question. Indeed, it distorts the truth.

The jury was probably more likely to think he was guilty just because other people said he did it in the past. That's not fair to him. Same rules of evidence apply to all human beings involved as witnesses in criminal cases.

BROWN: When we talked with you earlier, you said that in your view, as you look at this, that we are mischaracterizing this -- all of us in the media, by saying this is essentially a "he said, she said" case, that there is plenty more here. Of the plenty more, what strikes you as most important?

MURPHY: Well, I think, frankly, Aaron, to call it a "he said, she said" is unfair because the most important evidence is her vaginal injuries. So I call it a "he said, she bled."

And really, I've prosecuted hundreds, hundreds of sex crime cases. I've never seen such serious vaginal trauma.

Now you can't take lightly the fact that she suffered these kinds of injuries, even though Kobe Bryant would like you to believe that that was from some other event or it's consistent with consent. You know Kobe Bryant is trying desperately to explain away those injuries because no reasonable jury is going to say, "Oh, yes, that happens with consensual sex." Because, frankly, Aaron, it doesn't.

BROWN: Anything else in the -- just as you've watched this play out. There is this blood evidence on a T-shirt that they're trying to get thrown out. There are his conversation with the investigators that was taped apparently without his knowledge, tape they're trying to get thrown out.

Any of that give you a sense of where the defense is trying to go here?

MURPHY: Well, trying to get the blood evidence thrown out I think tells us that they know that her vaginal injuries are very serious. And they're even more compelling if her blood is on his shirt, because it shows the freshness of the injuries. With regard to his statements, you know, there have been reports that he made inconsistent statements. I call those lies. And when you lie to law enforcement, when they're investigating a very serious felony, that's damning evidence when credibility matters.

And I'll tell you something ironic about this case. Why are his statements to law enforcement about a serious felony, public felony trial, why are they confidential, but we know all sorts of relevant, personal things about the victim's sex life, about the victim's medical history?

There's something wrong with our criminal justice system in how we treat rape victims. This case is a classic.

BROWN: Ms. Murphy, if I'm ever in trouble, I want you on my side.

MURPHY: I'll be there for you, Aaron.

BROWN: Thank you very much. Wendy Murphy from Boston tonight.

Coming up on NEWSNIGHT, the fight to stop illegal music downloading. The music industry loses a court battle. But is the threat of legal action working just the same.

Around the world, this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: OK, even I have an I-pod. And I know, because I also have a teenager, that in addition to buying music from the Apple store or others, I could -- not will, but could go elsewhere for my music.

Places on the Web where the songs cost less than the 99 cents that Apple charges: 99 cents less, let's say. The people who do this call it sharing. The record industry, of course, calls it stealing and has been cracking down in part by suing file swappers, large and small.

They get the name from the swappers' Internet providers. But today a federal judge put the kibosh on that.

Here's CNN's Jen Rogers.

(BEGIN VIDEOTAPE)

JEN ROGERS, CNN CORRESPONDENT (voice-over): In a major blow to the recording industry, a federal appeals court ruled that Internet providers don't automatically have to turn over names of Internet users illegally swapping music files.

JOHN THORNE, DEPUTY GENERAL COUNSEL, VERIZON COMMUNICATIONS: This is a very big decision. I think it's the biggest, most pro- consumer decision of the year. A nice holiday treat for consumers.

ROGERS: Verizon Communications challenged a lower court ruling, arguing the law cannot force Internet providers to divulge subscriber names without a formal lawsuit.

CARY SHERMAN, PRESIDENT, RIAA: This doesn't change the legal rights involved in downloading or our right to sue or anything else. It just involves the process by which we get the name of an infringer. So that process will change, but the lawsuits will continue.

UNIDENTIFIED FEMALE: Illegally downloading music...

ROGERS: Despite the legal setback, the recording industry says its campaign against online pirates will not be deterred, calling this a disappointing procedural decision.

The appeals court decision aside, one court where the recording industry appears to be making strides is the court of public opinion.

UNIDENTIFIED MALE: I don't think it's right. It's stealing. It's stealing music, certainly. It's for real.

UNIDENTIFIED MALE: I do believe that people who download music in a form are stealing. I don't know if they should be arrested for it. But there should be some sort of regulation on it, though.

ROGERS: The recording industry believe it's educational and enforcement efforts are paying off.

(on camera) A year ago a survey paid for by the industry found that 37 percent of respondents thought swapping music online was illegal. That figure now stands at 64 percent.

Jen Rogers, CNN financial news, Los Angeles.

(END VIDEOTAPE)

BROWN: A few other pieces of business before we go to break, starting with a whiz kid gone bad, Daniel Gordon, a former chief energy trader for Merrill Lynch, pleading guilty today in a Manhattan federal court. He admitted to charges he stole $43 million from Merrill and helped his superiors cook the books.

Rupert Murdoch got final approval today to acquire DirecTV. The deal, which is worth about $7 billion, has been years in the making.

Markets today couldn't quite make it four in a row. Blue chips closed on the upside. The S&P and the Nasdaq lost a scintilla, or maybe a skosh.

Still to come on NEWSNIGHT: Rush Limbaugh's records. We'll preview the coming court battle, as the talk show host argues that his medical records should be kept out of the hands of prosecutors in Florida.

And later, in segment 7, we look at the new design for ground zero, unveiled today.

A break first. This is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: It is safe to say, public figures are granted a smaller zone of privacy than everyone else. That's part of the bargain of being a public person.

The size of it ranges, we suppose, from Greta Garbo at one end, to Paris Hilton on the other, with Rush Limbaugh somewhere in the middle. That means we don't see him in the bedroom, thankfully, but we do know the size and type of his drug habit. And because his drug habit is potentially a criminal matter, a battle will be fought in court in Florida on Monday over a prosecutor's and perhaps the public's right to see his private medical records.

Here's CNN's Susan Candiotti.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): So far, the public has gotten a look at a drugstore list of more than 2,000 pills prescribed to Rush Limbaugh over six months, part of a criminal investigation into his alleged doctor shopping for prescription painkillers, the records part of an open-court record.

But Limbaugh argues no one, not even investigators, have the right to pry into his medical history found in documents seized in searches of doctors offices. The admitted addict even read a statement from his lawyers, who called it a fishing expedition.

RUSH LIMBAUGH, RADIO TALK SHOW HOST: "He's being subjected to an invasion of privacy that no citizen of this republic should endure."

CANDIOTTI: But prosecutors need a judge's permission to look at Limbaugh's doctors records. No one else can either. It's federal law.

KENNETH PADOWITZ, FORMER PROSECUTOR: They can't just go on a fishing expedition. But they have to show the court that this is going to be an important element in their investigation in proving or investigating criminal charges in Florida.

CANDIOTTI: Limbaugh's attorneys argue, a federal and state constitutional right to privacy outweighs investigators' right to pry. A former Florida prosecutor agrees, there could be a dangerous chilling effect.

JAYNE WEINTRAUB, DEFENSE ATTORNEY: You should be able to be comfortable that you could have, God forbid, a contagious disease, go into a medical office, seek treatment, get better, and nobody is going to know.

CANDIOTTI: In court pleadings, Limbaugh's lawyers said: "Of necessity, patients tell their physicians intimate details in order to obtain medical relief. No citizen would wish minions of the state to finger through at their leisure."

Experts in medical ethics agree, Limbaugh has a right to keep his records confidential, to a degree.

KENNETH GOODMAN, UNIVERSITY OF MIAMI: He still has a right to having his medical information kept from the public. That doesn't mean he has a right to have legitimate law enforcement interests impeded.

CANDIOTTI (on camera): Limbaugh also argues, his doctors aren't thrilled about treating him now that the state has seized all his records -- the battle over privacy now scheduled for a public court hearing Monday.

Susan Candiotti, CNN, Miami.

(END VIDEOTAPE)

BROWN: Some other stories making news around the country now. Former NBA basketball star -- well, yes -- NBA star Alonzo Mourning is on the mend after kidney transplant surgery. The operation took place in New York today. Mr. Mourning is said to be in good condition.

Next to Virginia. Jurors weighing the life of sniper Lee Malvo heard why the prosecution believes he should die -- relatives of the victims taking the stand today. One, a woman whose father was killed, put it simply. "You are insane," she said. "You're evil." The defense makes its case next week.

To Seattle. Chaplain James Yee arrived home to see his family, the first time he's been home since his arrest on accusations of mishandling classified information at Guantanamo Bay. He faces a preliminary hearing on the charges at Fort Benning, Georgia, next month. This has become a very messy case.

Ahead on NEWSNIGHT: Could September 11 have been prevented? Some controversial comments made by the man heading the independent investigation.

And then: What comes next? A review of the plan, the new plan for ground zero.

From New York, this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: This is the third Hanukkah, the third Christmas, the third New Year's the 9/11 families will spend without those they lost. And this year's holidays, already made difficult by the loss, are painful for another reason as well.

The head of the 9/11 Commission, the investigating commission, said this week the attacks on September 11 could have been prevented. The people who could have stopped them simply failed to. He is not the first person to think this or say it, but he may be the most important.

(BEGIN VIDEO CLIP)

THOMAS KEAN, CHAIRMAN, 9/11 COMMISSION: I do not believe it had to happen.

BROWN (voice-over): Sometimes the who is as important as the what. And the who this time is the Republican chairman of the 9/11 Commission.

KEAN: There were people, certainly, if I was doing the job, who would certainly not be in the position that they were in at that time, because they failed. They simply failed.

BROWN: And while the former New Jersey governor said he was not referring to senior administration officials, he certainly got their attention.

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: There is nothing that we have seen that leads us to believe that this -- that September 11 could have been prevented. And we've previously said that.

BROWN: The White House, which initially opposed the formation of the commission, has resisted more than once requests for documents commission members say they need. And an agreement to severely limit what portions of the president's daily intelligence briefs, material critical to the commission's work, continues to raise questions about how helpful the White House really wants to be.

TIM ROEMER, 9/11 COMMISSIONER: I think it's a poor agreement and we shouldn't have reached it.

BROWN: Commissioner Roemer and others argue the attacks could have been thwarted or at least reduced. But the key question, they say, is how to stop the next one.

ROEMER: I worry that we are repeating some of those same mistakes, that we're not breaking down some of the cultures that refuse to share, that we're not creating organizations that are dynamic and agile and quick-acting enough.

BROWN: The commission has already held six open hearings, interviewed 600 people. It plans more hearings next year. The CIA, the FBI director will be among the witnesses. And Roemer and some others want the president to testify as well. The chairman says the commission will assign blame when appropriate.

KEAN: Yes. Some people will be held accountable for their actions.

BROWN: By law, the commission is supposed to issue its report in May.

(END VIDEOTAPE)

BROWN: As all this plays out, the effort to restore New York's skyline reached a milestone today. After months of headbutting and backbiting, the two architects who were forced to collaborate on the centerpiece of the new World Trade Center site stood together at the unveiling. The Freedom Tower will rise 1,776 feet, as Daniel Libeskind wanted. It will twist gently as it goes, fitting the vision of David Childs. A spire will top it off, as the original design intended. Mr. Childs added the latticework. The tower is expected to be topped out on the 11th of September, 2006, and finished two years after that.

All of this came about because, although Mr. Libeskind is a master planner for the site, he had no particular experience designing skyscrapers. Mr. Childs does. And, besides, the governor of the state wanted it that way. Mr. Childs also works for the site's commercial developer, which counts for a lot.

So there was a lot of contention over the last couple months. We would have been surprised if there wasn't, given everything going on down there and the emotion of it all.

Joining us now, a good friend of the program, Paul Goldberger, who writes about architecture for "New Yorker" magazine.

It's nice to see you, very nice to see you.

PAUL GOLDBERGER, ARCHITECTURE CRITIC, "THE NEW YORKER": Thank you, Aaron. Good to be here.

BROWN: Do you like it?

GOLDBERGER: Well, it's a lot better than I thought it was going to be. And when the two architects were locked in this bitter battle with each other, it really felt for a while like somebody had had this crazy idea that Matisse and Picasso had to paint a picture together, which doesn't really do either of them very much good. In fact, it has turned out better than I had hoped.

BROWN: You had -- we talked once about if you could do this.

GOLDBERGER: Yes.

BROWN: And you had a kind -- I think you said what you'd like is a modern Eiffel Tower.

GOLDBERGER: Yes, that's right.

BROWN: Do you get that out of it?

GOLDBERGER: Well, you're getting more of that than I had expected, in fact. It's a great spire. There is that latticework, the cable work at the top, which the architects say also evokes the Brooklyn Bridge, another great icon. And you have got a 70-story office building with all this other stuff bringing it way back up. So, in fact, it is, in a certain way, a symbolic tower.

BROWN: We need to explain maybe a little bit -- and we can show some of this -- but the concept here is that the first 70 stories are occupied.

GOLDBERGER: Yes. BROWN: The rest is not.

GOLDBERGER: The rest is not. That's right, so that we have both the symbolic power, the icon, if you will, of the tallest structure in the world and something even taller than the original World Trade Center, which was very important to a lot of people, to respond with something taller.

But because nobody really wants to occupy space up there, there are only 70 habitable floors. So, in a way, it's a very smart way to kind of have it both ways.

BROWN: One of your great biases in this was that there needs to be there a skyscraper.

GOLDBERGER: Yes.

BROWN: In the best sense of the term.

GOLDBERGER: I agree.

BROWN: Why? I know you agree. It's your idea. I just stole it from you.

(CROSSTALK)

GOLDBERGER: OK.

I believe that one of the things that people missed most that was second only to the lives themselves was the sense that the skyline, which is a possession we all share. It's part of why we love New York. It's part of why the world loves New York -- that the skyline had been destroyed. And repairing the skyline was part of healing what we do.

There's another reason, too, I think, which is that the skyscraper is the great American indigenous architectural form. It is to architecture what jazz is to music. It's a gift we gave to the world. What better place than at ground zero, where American culture was attacked, to not only heal the skyline, but also to innovate, to push the frontier of the American skyscraper forward in a whole new way with a new and innovative kind of skyscraper?

BROWN: I think this -- so I'm going to ask this in a clumsy way. I apologize. But do you think it's possible that we'll build this thing and we'll -- its meaning to us will change over time? It's a building.

GOLDBERGER: Sure.

BROWN: That's all it is. But that, as we see it, it will change?

GOLDBERGER: Sure.

The meaning of anything changes over time. The meaning of the World Trade Center certainly changed over time. Nobody much liked it until it became a sort of structure of martyrdom, in a way. But even things like the Chrysler Building, which is beloved now, was thought of as kind of stupid and weird when it was brand new, in fact.

I think one worry I have is that we're putting too much emotional weight into this building.

BROWN: Yes.

GOLDBERGER: I don't know that any piece of architecture can quite bear all that we ask of this building. We want it to be an icon. We want it to be a symbol of renewal. We want it to be a symbol of memory. We want it to honor the old World Trade Center. We want it to honor all the people. We want it to restore the city to health. Well, that's a lot to ask for a single building.

BROWN: It is that. It's, to me -- when I looked at it, I thought it was -- it's stunning. And I'm still working on whether I like it or not.

(CROSSTALK)

GOLDBERGER: Yes, I like it a lot better than I thought I would and better than the versions they had a couple of weeks ago, too.

BROWN: Which is another part of the story.

It's good to see you.

GOLDBERGER: Good to see you. Thank you.

BROWN: Have a wonderful holiday.

GOLDBERGER: You, too.

BROWN: Thank you.

(CROSSTALK)

BROWN: Next on NEWSNIGHT, morning papers.

We'll be right back.

(COMMERCIAL BREAK)

(ROOSTER CROWING)

BROWN: OK, time to check morning papers from around the country.

We'll go pretty quickly tonight, because we still have a lot of important business to take care of, the accordion guy.

We'll start with "The San Antonio Express-News," for no reason other than it's on top. "One" -- let's start again, OK? Just, we'll start again. "One Bullet Short of Hero Status. If U.S. Soldiers Didn't Kill Saddam Hussein Last Weekend, Arab Columnists Have Finished Him Off With a Vengeance." In the Arab world, they're not taking kindly to the fact that he just kind of meekly gave up. I guess they wanted him to shoot it out with the 4th I.D. Goodness gracious.

"The Cincinnati Enquirer" leads with Libya. "Libya Forswears" -- I think that's the first time I've ever seen forswears in a headline. But, hey, why not? "Forswears Mass Weapons. Bush Says Decision Aids Worldwide Weapons Fight." Hard to argue that point, if it all plays out.

I like this story. It didn't get much attention today, but it should have. "Teen Drug Use Drops Sharply Over the Last Couple of Years." And I haven't read enough to know why that is so, but it's good news anyway. Well, of course, it's good news, Aaron. Sometimes I talk to myself.

"The Boston Herald," pretty simply here on the Gadhafi story. "I Give Up." By the way, I should have done this, but I didn't. I want to know how many different ways newspapers spelled Kadhafi or Gadhafi. It's one of those words. It's kind of like Hanukkah in that way. You can't spell it wrong, apparently. "Gadhafi to Scrap Nukes and Chemical Weapons." Also up here, we wanted to do this story today. We didn't get to it. "Pssst, They're Talking." It's the Alex Rodriguez story, the attempt to trade baseball's two highest paid players. It's fascinating. I'm telling you, even if you don't like baseball, this is too good.

How we doing on time.

For some reason, I chose "The Miami Herald," but the reason escapes me now. I think perhaps because they put the World Trade Center idea on the front page. I thought, honestly, it would be on every front page in the country. But maybe I'm a little New York- centric in that. Anyway, I like that. "Tribute to Freedom. Final Trade Center Plan Unveiled." We'll see what it finally looks like.

How much time? Fifteen.

"The Chicago Sun-Times." "Yes, This is the Damn Ball." This is the one the kid tried -- the foul ball, you know? They auctioned it off for a ton of dough to a restaurant. The weather tomorrow in Chicago is "tranquil." It's tranquil. What can I say?

We'll take a break and come back with a musical interlude.

This must be NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: Finally from us tonight, weapons of mass derision.

No sooner was Saddam captured, he became the butt of a thousand Internet gags, the lion of Baghdad now a spokesman for your better grooming problems. Apologies to the tenor. A guy with trouble just like the rest of us, staying off of carbs. And one that looked surprisingly realistic around here, right down to the misspelling of Saddam's name -- or Santa's name. It would be nice to think that, one day, Internet pranksters might be able to topple a dictator, not just dance on his grave. Until then, it feels good to dance. And here at NEWSNIGHT, it takes an accordion to do that. Yes, Barry Mitchell is back. It is, after all, Friday.

(BEGIN VIDEOTAPE)

BARRY MITCHELL, MUSICIAN (singing): They found him in a spider hole, hairy, dirty full of lice. You get the picture?

UNIDENTIFIED FEMALES (singing): It wasn't nice.

MITCHELL (singing): That's when he fell, the leader of Iraq.

He was the looniest of the loonies.

UNIDENTIFIED FEMALES (singing): Loonies, loonies.

MITCHELL (singing): A terror to the Shiites and Sunnis.

UNIDENTIFIED FEMALE (singing): What do you mean he was a terror to the Shiites and Sunnis?

MITCHELL (singing): But now he's met his defeat, hiding in a hole just south of Tikrit. He's just a shell of the leader of Iraq.

Saddam's a prize we wanted to nab.

UNIDENTIFIED FEMALES (singing): Nab, nab.

MITCHELL (singing): He hid by driving around in a cab.

UNIDENTIFIED FEMALE (singing): Off duty, off duty.

UNIDENTIFIED FEMALE (singing): No passengers.

MITCHELL (singing): We carried out his abduction, but where are the weapons of mass destruction? I hope that he'll tell, the leader of Iraq.

He climbed up from his hole and surrendered, looking haggard, but surprisingly hardy. And as they drove him away, the ace of spades, he was no longer that tyrannical smarty, but he sure could have used a "Baath Party."

We caught Saddam, though it took a while. This ain't going to be no Judge Judy trial. Iraqis won't be downtrodden. Now could someone tell me, where's bin Laden? I'm happy we got him, the leader of Iraq.

The leader of Iraq, now he's gone. The leader of Iraq, now he's gone.

UNIDENTIFIED FEMALES (singing): Gone, gone, gone, gone.

MITCHELL: Bye. (END VIDEOTAPE)

BROWN: There are certain moments I'm just so proud to be the anchor of the program.

Have a great weekend. We'll see you on Monday.

And good night for all of us at NEWSNIGHT.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com





Terrorist Threats; Bremer Survives Attack>


Aired December 19, 2003 - 22:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
AARON BROWN, HOST: Good evening again, everyone.
It was, like the top 40 disc jockey might say, a blast from the past. Moammar Gadhafi, the forgotten despot in these days of Saddam and Osama, agreeing to give up his weapons of mass destruction.

This coming 15 years after he, or at the very least, his government, blew up a Pan Am jet over Lockerbie, Scotland, in a stunning act of terror.

Some of the families of those who died that day are anything but confident that Colonel Gadhafi actually means what he says. But President Bush seemed confident enough to make the announcement himself, a Friday surprise that tops the program and begins "The Whip."

Suzanne Malveaux at the White House tonight. Suzanne, a headline from you.

SUZANNE MALVEAUX, CNN CORRESPONDENT: Well, Aaron, it really was a stunning announcement here at the White House, that Libya was offering to give up its weapons programs. And with the fall of Saddam Hussein, now the dominoes are beginning to fall.

BROWN: Suzanne, thank you. We'll get to you at the top tonight. Many, many questions tonight about all of this. Lots of blanks to try and fill in.

David Ensor has been working on that. So David, give us a headline.

DAVID ENSOR, CNN CORRESPONDENT: Well, U.S. officials are saying that Libya turns out to have had a more advanced and larger scale nuclear program, program to try to develop a bomb, than they had realized. It also has a sizable chemical weapons arsenal.

How do they know? CIA and British intelligence have been all over Libya in secret in the last few months.

BROWN: David, thank you.

And finally the arguments shaping the Kobe Bryant rape trial before it even starts. A major hearing in Eagle, Colorado.

Gary Tuchman is there. Gary, the headline. GARY TUCHMAN, CNN CORRESPONDENT: Aaron, tonight Kobe Bryant will miss his first Laker game as a result of his legal troubles. He came here to Colorado for a preliminary hearing. One of his major quests, to get access to his accuser's medical records -- Aaron.

BROWN: Gary, thank you. We'll get back to you and the rest shortly.

Also coming up tonight, a big loss for the recording industry in its effort to stop the illegal downloading of music.

Then there's the story of Rush Limbaugh and his next big battle, keeping his medical records from prosecutors.

We'll get some expert opinion tonight on the new design for the World Trade Center site that was unveiled today. Paul Goldberg, who joins us. He's the architecture critic from "New Yorker" magazine. It will be good to see him again. It's been awhile.

And as always, we'll check your morning papers, plus a special musical moment to end the program. Oh, my goodness. The accordion guy is back. All that and more in the hour ahead.

We begin tonight with today's surprise announcement on Libya. So much of a surprise, we really only have the outlines of the what, hints of the how and inklings of the why.

First the what and CNN's Suzanne Malveaux.

(BEGIN VIDEOTAPE)

MALVEAUX (voice-over): In a dramatic and historic shift in policy after decades of tension with Libya, President Bush and British Prime Minister Tony Blair announced Libya is abandoning its nuclear weapons program.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Today in Tripoli, the leader of Libya, Colonel Moammar Gadhafi, publicly confirmed his commitment to disclose and dismantle all weapons of mass destruction programs in his country.

MALVEAUX: For more than a decade, Libya had been diplomatically and economically isolated under international sanctions for its role in the 1988 bombing of Pan Am Flight 103 over Lockerbie.

But last September, Libya took responsibility for the bombing and worked to reach a financial settlement. That process opened the way for nine months of quiet negotiations regarding Libya's weapons programs.

The secret meetings were held in various European cities, involving Libyan officials, U.S. and British diplomats, intelligence agents and sometimes Gadhafi itself.

CIA officials visited key sites in Libya, where they took photos and collected samples from Libya's weapons program. The culmination of their effort, an agreement whereby Libya pledges to eliminate chemical and nuclear weapons programs, eliminate long-range ballistic missiles, allow immediate international inspections and declare all nuclear activities.

A senior administration official says Libya has acknowledged that North Korea helped develop its SCUD missile program and provided useful weapons technology.

But the officials said none of the components discovered in Libya are from Iraq or part of Saddam Hussein's alleged weapons of mass destruction program. President Bush said, however, the world can learn from Libya's example.

BUSH: Leaders who abandon the pursuit of chemical, biological and nuclear weapons and the means to deliver them will find an open path to better relations with the United States and other free nations.

(END VIDEOTAPE)

MALVEAUX: But tonight a senior administration official says the U.S. is not yet ready to discuss lifting sanctions. They're going to see whether or not Libya delivers on its promises.

Today's developments have emboldened this White House and has capped a week of stunning successes, from the capture of Saddam Hussein, to the cooperation of Germany, France and Russia to forgive Iraqi debt -- Aaron.

BROWN: It's been a heck of a week for the White House. Is that what Libya gets out of this deal, assuming Libya wants to get something -- and I always do -- it gets the sanctions lifted eventually?

MALVEAUX: Well, that certainly is a possibility. But the administration is being very cautious about making any kind of promises.

They really want to see, first of all, if Gadhafi is good on his word, that he's actually going to let those inspectors inside of his country, that they're going to dismantle those programs. And then they'll be ready to talk about the possibilities of lifting the sanctions.

But right now they say the discussions are really at the first initial stages.

BROWN: Suzanne, thank you very much. Have a good weekend.

For years, Moammar Gadhafi occupied the same role as Saddam Hussein, a villain with a capital "V," the central character in real world acts of terror as well as the star of a number of best selling thrillers based on the premise that one day he would get the bomb.

How close he came and how he apparently came to give it up remains the stuff of classified briefings and history yet to be written. But bits and pieces are emerging tonight.

With that, our national security correspondent, David Ensor.

(BEGIN VIDEOTAPE)

ENSOR (voice-over): Based on visits by CIA and British intelligence officers to key Libyan facilities like this one in Rabta (ph), officials say Libya has a sizable stockpile of chemical weapons but appears to have stopped producing them years ago.

There is also a large underground weapons facility at Tarhouna (ph). Years before any American had seen it, Pentagon officials offered this sketch of how it might look.

A senior administration official says Libya has no nuclear weapons but has an ongoing evident to produce them, including uranium processing and enrichment facilities. U.S. officials were shown ten different nuclear sites.

DARRYL KIMBALI, ARMS CONTROL ASSOCIATION: That is very surprising. The United States did not believe -- U.S. intelligence did not believe that they would have such facilities. But given that those are tin (ph) sites, they're diffuse. They're hard to detect. That suggests that these could have been hidden away.

ENSOR: For about 25 years, the U.S. and Libya have had a hostile relationship. The U.S. declared Libya a terrorist state in 1979.

U.S. pilots shot down a Libyan jet after it fired at them over the Mediterranean in 1981.

Ten days after the 1986 bombing of a disco in Berlin killed an American servicemen and injured others, President Reagan retaliated by ordering bombs dropped on Gadhafi's compound. The leader's adopted daughter was killed in the raid.

RONALD REAGAN, FORMER PRESIDENT OF THE UNITED STATES: We have evidence that links Libyans or surrogates to at least 25 incidents last year. These terrorist states are now engaged in acts of war against the government and people of the United States. And under international law, any state which is the victim of acts of war has the right to defend itself.

ENSOR: Pan Am Flight 103 was blown up over Lockerbie, Scotland, two years later. Britain and the U.S. accused two Libyans, including an intelligence officer, of complicity in the bombing.

It was not until 1999 that the two suspects were turned over to a Scottish court meeting in The Hague. Some family members of those killed on Pan Am 103 are dismayed by the announcement that Libya is moving closer to normal relations with London and Washington.

BERT AMMERMAN, BROTHER OF PAN AM VICTIM: And sadly, I think they're making another mistake in trying to talk to the devil.

(END VIDEOTAPE) ENSOR: Gadhafi has promised before to take steps towards ending Libya's isolation. This time administration officials are saying they believe he means it.

Needless to say, though, like Suzanne, I'm hearing that U.S. officials are planning to wait and see before they reciprocate -- Aaron.

BROWN: At the same time, the president of the United States and the British prime minister, they don't go out before the microphones to announce this unless they feel they've got a pretty good deal. Do you agree with that?

ENSOR: Yes. And, you know, months and months of intelligence officers being allowed to comb all over the facilities in Libya, take pictures, take samples, do whatever they wanted to, that has built the confidence of President Bush and Prime Minister Blair.

BROWN: David, good, fast work tonight. Thank you. David Ensor, our national security correspondent.

A reason to feel better about Libya perhaps. But still plenty to worry about in the world.

And at home this holiday season once again, homeland security officials are trying to assess what they say is an uptick in terrorist threats. They say the volume is up, the threats not specific. Big cities are always at risk, of course.

Here's CNN's Kelli Arena.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT (voice-over): As crowds gather to shop, travel and celebrate, there is increasing concern about threat information coming in about a possible attack against the United States.

SCOTT MCCLELLAN, WHITE HOUSE SPOKESMAN: We have remained concerned about the volume of reporting of threats.

ARENA: Add to the mix a new audiotape allegedly from al Qaeda leader Ayman al Zawahiri, Osama bin Laden's No. 2, with a direct reference to a possible strike on U.S. soil.

AYMAN AL ZAWAHIRI, AL QAEDA LEADER (through translator): Two years after Tora Bora, thanks to God, as we are still chasing America and its allies everywhere, even in their own home.

ARENA: Counter terrorism officials insist there is no credible or imminent threat information. And if there were, they say it would not be kept secret.

Generally speaking, there is intelligence regarding New York City, Washington, D.C., and Los Angeles as possible targets. But those three cities are often mentioned. UNIDENTIFIED MALE: What we're told from our law enforcement people, to be on watch, be on guard, that there's a heightened risk over the next days, indeterminate period but over the next days.

SEN. CHARLES SCHUMER (D), NEW YORK: I know in the holiday season, our police are well prepared. We are probably better prepared in this city than any other, and with good reason.

ARENA: The U.S. has also received general information regarding possible suicide bombings. like those seen in Israel. and persistent reports of attacks on airports.

(on camera) At this point, officials say, there are no plans to raise the national threat level, although it has been discussed. And despite the volume of information coming in suggesting a possible attack against the United States, officials are actually more concerned about an attack overseas.

Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

BROWN: Now to Iraq, where U.S. forces are still very much the target for insurgents.

Today we learned about an especially troubling attack, an attack on the convoy carrying the man in charge of rebuilding the country, Paul Bremer.

It happened two weeks ago on the day Secretary of Defense Rumsfeld was visiting in an area where attacks on Americans have come often. Pentagon officials say they believe the ambush was a random strike, not an assassination attempt. But that is a big unknown tonight.

Reporting the story for us, CNN's Bill Hemmer.

(BEGIN VIDEOTAPE)

BILL HEMMER, CNN CORRESPONDENT (voice-over): On December 6, the same day Paul Bremer is giving Defense Secretary Donald Rumsfeld a personal tour of Baghdad, officials say Bremer's convoy came under attack.

While Bremer's armored vehicle was leaving a meeting at the Baghdad Airport, a roadside bomb exploded. A barrage of machine gun followed. Bremer's convoy sped away. No one was hurt.

At coalition headquarters, a spokesman downplayed the possibility that Bremer was the target of an assassination.

DAN SENOR, ADVISER TO PAUL BREMER: We have reason to believe that it was just a random, opportunistic attack not necessarily targeted at him. But it's premature at this point to make that conclusion. It's a determination that's going to come out in the course of the investigation. We'd like to let that play out. HEMMER: In Basra, Bremer was nonchalant when asked what happened by reporters.

PAUL BREMER, U.S. ADMINISTRATOR IN IRAQ: As you can see, it didn't succeed.

HEMMER: It's the second time a high-ranking U.S. official has eluded attack in Iraq. In October, when the Pentagon's No. 2 man, Paul Wolfowitz, was at the al Rashid Hotel, several rockets were fired into the building. One person was killed. Wolfowitz was unharmed.

Coalition officials in Baghdad dismiss reports that Saddam Hussein loyalists have infiltrated the coalition.

Elsewhere on Friday, an explosion ripped through a building belonging to the main Shiite political party. One woman is dead. At least eight others are wounded.

In another bomb attack, a U.S. military tanker truck was blown off the highway 20 miles west of Baghdad. There were no casualties reported in that incident.

(on camera) Paul Bremer insists that security is getting better in the capital city. He cites a 39 percent drop in violent crime in the last two months.

But explosions that echoed across the capital city yet again on Friday show the city is still far from stable.

Bill Hemmer, CNN, Baghdad.

(END VIDEOTAPE)

BROWN: Ahead on this Friday edition of NEWSNIGHT, the Kobe Bryant case and questions of whether the accuser's medical history should play any part in his rape trial.

Later, we'll preview another hearing involving medical records. This time Rush Limbaugh is at its center. And questions whether prosecutors should have access to his operation in their drug probe of him.

That and much more as NEWSNIGHT continues from New York.

(COMMERCIAL BREAK)

BROWN: The rape trial of NBA star Kobe Bryant is still months away. But today in a Colorado courtroom, arguments that will profoundly shape it began.

The focus of today's hearing and another one planned. What evidence will be allowed once the trial starts?

This is where things get complicated. This is where good lawyering counts. This is where lines are drawn around the information the jury will be asked to consider. Here's CNN's Gary Tuchman.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN CORRESPONDENT (voice-over): On the same day his Lakers were scheduled for a home game against the Denver Nuggets, Kobe Bryant traveled to the Nuggets' home state, hoping the judge would allow the use of evidence his attorneys feel would help his sexual assault case.

But after a long day of discussions in Eagle, Colorado, about what should and shouldn't be allowed in a trial, the prevailing feeling among observers is...

CRAIG SILVERMAN, COLORADO DEFENSE ATTORNEY: This trial not going to happen anytime soon.

TUCHMAN: Standing 15 feet away from the alleged victim's mother and father, Kobe Bryant and his attorneys geared up to ask Judge Terry Ruckriegle a crucial question, will they be allowed to observe medical records of the accuser?

Bryant's attorneys say the woman has tried to kill herself twice, and in legal documents, said she, quote, "makes herself a victim through purported suicide attempts in order to gain attention of her ex-boyfriend."

But the judge never got to the issue, because he was first asked to decide if the hearing to discuss it should be done with the public and media present, something fiercely opposed by the prosecution and the accuser's personal attorney.

The judge said he won't make his decision until the next motions hearing January 23, after receiving written briefs from attorneys.

SILVERMAN: It's a big decision for the judge. It's a big decision for the media. It's also a big decision for the victim and the prosecutors.

Ironically, it's not a big decision for Kobe Bryant. He really doesn't care whether the media is there or not. He just wants a crack at these witnesses.

TUCHMAN: At one point in the day, the alleged victim's father, in the blue sweater, and her mother walked into the courtroom as Bryant's attorneys walked out. They did not acknowledge one another.

UNIDENTIFIED MALE: Kobe, how did the hearing go?

TUCHMAN: Bryant had no comment when he left the courthouse Friday night.

(END VIDEOTAPE)

TUCHMAN: In Colorado, a sexual assault trial is supposed to begin within six months after a plea. But Kobe Bryant was arrested five and a half months ago and no plea has yet been issued, and the judge is giving no indication when that will happen -- Aaron.

BROWN: Gary, thank you. Gary Tuchman in Colorado tonight.

The scope of evidence is crucial in all trials. Cases can be won or loss before a jury is ever seated.

The question here is simple to ask, though hard to answer. What is fair? What is fair to the alleged victim? What is fair to the accused? Fairness matters to both.

In any part -- is any part of a woman's sexual history relevant? Is her emotional condition? Does the defense have a right to such information? Should the jury consider it?

Wendy Murphy is a former sex crimes prosecutor. She knows well the importance of all of these questions and she joins us tonight from Boston.

Nice to see you. Thank you.

WENDY MURPHY, FORMER PROSECUTOR: Good to be here, Aaron.

BROWN: I want to talk about her emotional -- the alleged victim's emotional condition for a second. If what we have heard is true, that there have been these alleged suicide attempts, is that not reasonable grounds for the defense to prime?

MURPHY: I mean, I think the obvious answer is of course not. I mean, people have trouble in their lives. You know, they have trauma. They seek counseling.

Look, Rush Limbaugh just left 30 days of inpatient care for some type of psychological addiction to drugs. Tipper Gore suffered with depression. Are we to suggest that if they, then, become a crime victim at some point in the future that those records should be made available, because who knows whether they're crazy?

You can't speculate about someone's motive to lie in a criminal trial based on silly mythology about what their mental health patterns have been in the past.

Now, if the defense knew that this woman was psychotic. If she went to the police and said, "I've been raped by Kobe Bryant, and I just arrived from the Planet Zeton and I want to talk about it," fair game to talk about her mental health.

We don't have that here. You've got to make up a lot of facts to make her history relevant and they're not there.

BROWN: Yes. I don't want to make up any facts but I also think that we're not necessarily helped by taking this to the illogical extreme. Because somewhere in the center here, it seems to me, is relevant or not.

The defense argument is that she does things to attract attention, to get the attention of a former boyfriend. Why is that not reasonable to pursue, if in fact that -- if that is true?

MURPHY: Well, first of all, Aaron, you're speculating about whether it's true. But even if it is true, how does that explain anything about the night in question? He wasn't her boyfriend. I mean, it's not as if it's a similar situation, a similar fact pattern.

But, again, back to the premise, which I reject. There is no evidence that what you just said is true.

Let's remember something about the William Kennedy Smith case. You want to talk about prior behavior telling us something about the behavior prior to the night in question.

There were allegations from three other women that he sexually assaulted them. That was not allowed as evidence at trial. Why? Because that doesn't elucidate the truth about the night in question. Indeed, it distorts the truth.

The jury was probably more likely to think he was guilty just because other people said he did it in the past. That's not fair to him. Same rules of evidence apply to all human beings involved as witnesses in criminal cases.

BROWN: When we talked with you earlier, you said that in your view, as you look at this, that we are mischaracterizing this -- all of us in the media, by saying this is essentially a "he said, she said" case, that there is plenty more here. Of the plenty more, what strikes you as most important?

MURPHY: Well, I think, frankly, Aaron, to call it a "he said, she said" is unfair because the most important evidence is her vaginal injuries. So I call it a "he said, she bled."

And really, I've prosecuted hundreds, hundreds of sex crime cases. I've never seen such serious vaginal trauma.

Now you can't take lightly the fact that she suffered these kinds of injuries, even though Kobe Bryant would like you to believe that that was from some other event or it's consistent with consent. You know Kobe Bryant is trying desperately to explain away those injuries because no reasonable jury is going to say, "Oh, yes, that happens with consensual sex." Because, frankly, Aaron, it doesn't.

BROWN: Anything else in the -- just as you've watched this play out. There is this blood evidence on a T-shirt that they're trying to get thrown out. There are his conversation with the investigators that was taped apparently without his knowledge, tape they're trying to get thrown out.

Any of that give you a sense of where the defense is trying to go here?

MURPHY: Well, trying to get the blood evidence thrown out I think tells us that they know that her vaginal injuries are very serious. And they're even more compelling if her blood is on his shirt, because it shows the freshness of the injuries. With regard to his statements, you know, there have been reports that he made inconsistent statements. I call those lies. And when you lie to law enforcement, when they're investigating a very serious felony, that's damning evidence when credibility matters.

And I'll tell you something ironic about this case. Why are his statements to law enforcement about a serious felony, public felony trial, why are they confidential, but we know all sorts of relevant, personal things about the victim's sex life, about the victim's medical history?

There's something wrong with our criminal justice system in how we treat rape victims. This case is a classic.

BROWN: Ms. Murphy, if I'm ever in trouble, I want you on my side.

MURPHY: I'll be there for you, Aaron.

BROWN: Thank you very much. Wendy Murphy from Boston tonight.

Coming up on NEWSNIGHT, the fight to stop illegal music downloading. The music industry loses a court battle. But is the threat of legal action working just the same.

Around the world, this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: OK, even I have an I-pod. And I know, because I also have a teenager, that in addition to buying music from the Apple store or others, I could -- not will, but could go elsewhere for my music.

Places on the Web where the songs cost less than the 99 cents that Apple charges: 99 cents less, let's say. The people who do this call it sharing. The record industry, of course, calls it stealing and has been cracking down in part by suing file swappers, large and small.

They get the name from the swappers' Internet providers. But today a federal judge put the kibosh on that.

Here's CNN's Jen Rogers.

(BEGIN VIDEOTAPE)

JEN ROGERS, CNN CORRESPONDENT (voice-over): In a major blow to the recording industry, a federal appeals court ruled that Internet providers don't automatically have to turn over names of Internet users illegally swapping music files.

JOHN THORNE, DEPUTY GENERAL COUNSEL, VERIZON COMMUNICATIONS: This is a very big decision. I think it's the biggest, most pro- consumer decision of the year. A nice holiday treat for consumers.

ROGERS: Verizon Communications challenged a lower court ruling, arguing the law cannot force Internet providers to divulge subscriber names without a formal lawsuit.

CARY SHERMAN, PRESIDENT, RIAA: This doesn't change the legal rights involved in downloading or our right to sue or anything else. It just involves the process by which we get the name of an infringer. So that process will change, but the lawsuits will continue.

UNIDENTIFIED FEMALE: Illegally downloading music...

ROGERS: Despite the legal setback, the recording industry says its campaign against online pirates will not be deterred, calling this a disappointing procedural decision.

The appeals court decision aside, one court where the recording industry appears to be making strides is the court of public opinion.

UNIDENTIFIED MALE: I don't think it's right. It's stealing. It's stealing music, certainly. It's for real.

UNIDENTIFIED MALE: I do believe that people who download music in a form are stealing. I don't know if they should be arrested for it. But there should be some sort of regulation on it, though.

ROGERS: The recording industry believe it's educational and enforcement efforts are paying off.

(on camera) A year ago a survey paid for by the industry found that 37 percent of respondents thought swapping music online was illegal. That figure now stands at 64 percent.

Jen Rogers, CNN financial news, Los Angeles.

(END VIDEOTAPE)

BROWN: A few other pieces of business before we go to break, starting with a whiz kid gone bad, Daniel Gordon, a former chief energy trader for Merrill Lynch, pleading guilty today in a Manhattan federal court. He admitted to charges he stole $43 million from Merrill and helped his superiors cook the books.

Rupert Murdoch got final approval today to acquire DirecTV. The deal, which is worth about $7 billion, has been years in the making.

Markets today couldn't quite make it four in a row. Blue chips closed on the upside. The S&P and the Nasdaq lost a scintilla, or maybe a skosh.

Still to come on NEWSNIGHT: Rush Limbaugh's records. We'll preview the coming court battle, as the talk show host argues that his medical records should be kept out of the hands of prosecutors in Florida.

And later, in segment 7, we look at the new design for ground zero, unveiled today.

A break first. This is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: It is safe to say, public figures are granted a smaller zone of privacy than everyone else. That's part of the bargain of being a public person.

The size of it ranges, we suppose, from Greta Garbo at one end, to Paris Hilton on the other, with Rush Limbaugh somewhere in the middle. That means we don't see him in the bedroom, thankfully, but we do know the size and type of his drug habit. And because his drug habit is potentially a criminal matter, a battle will be fought in court in Florida on Monday over a prosecutor's and perhaps the public's right to see his private medical records.

Here's CNN's Susan Candiotti.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): So far, the public has gotten a look at a drugstore list of more than 2,000 pills prescribed to Rush Limbaugh over six months, part of a criminal investigation into his alleged doctor shopping for prescription painkillers, the records part of an open-court record.

But Limbaugh argues no one, not even investigators, have the right to pry into his medical history found in documents seized in searches of doctors offices. The admitted addict even read a statement from his lawyers, who called it a fishing expedition.

RUSH LIMBAUGH, RADIO TALK SHOW HOST: "He's being subjected to an invasion of privacy that no citizen of this republic should endure."

CANDIOTTI: But prosecutors need a judge's permission to look at Limbaugh's doctors records. No one else can either. It's federal law.

KENNETH PADOWITZ, FORMER PROSECUTOR: They can't just go on a fishing expedition. But they have to show the court that this is going to be an important element in their investigation in proving or investigating criminal charges in Florida.

CANDIOTTI: Limbaugh's attorneys argue, a federal and state constitutional right to privacy outweighs investigators' right to pry. A former Florida prosecutor agrees, there could be a dangerous chilling effect.

JAYNE WEINTRAUB, DEFENSE ATTORNEY: You should be able to be comfortable that you could have, God forbid, a contagious disease, go into a medical office, seek treatment, get better, and nobody is going to know.

CANDIOTTI: In court pleadings, Limbaugh's lawyers said: "Of necessity, patients tell their physicians intimate details in order to obtain medical relief. No citizen would wish minions of the state to finger through at their leisure."

Experts in medical ethics agree, Limbaugh has a right to keep his records confidential, to a degree.

KENNETH GOODMAN, UNIVERSITY OF MIAMI: He still has a right to having his medical information kept from the public. That doesn't mean he has a right to have legitimate law enforcement interests impeded.

CANDIOTTI (on camera): Limbaugh also argues, his doctors aren't thrilled about treating him now that the state has seized all his records -- the battle over privacy now scheduled for a public court hearing Monday.

Susan Candiotti, CNN, Miami.

(END VIDEOTAPE)

BROWN: Some other stories making news around the country now. Former NBA basketball star -- well, yes -- NBA star Alonzo Mourning is on the mend after kidney transplant surgery. The operation took place in New York today. Mr. Mourning is said to be in good condition.

Next to Virginia. Jurors weighing the life of sniper Lee Malvo heard why the prosecution believes he should die -- relatives of the victims taking the stand today. One, a woman whose father was killed, put it simply. "You are insane," she said. "You're evil." The defense makes its case next week.

To Seattle. Chaplain James Yee arrived home to see his family, the first time he's been home since his arrest on accusations of mishandling classified information at Guantanamo Bay. He faces a preliminary hearing on the charges at Fort Benning, Georgia, next month. This has become a very messy case.

Ahead on NEWSNIGHT: Could September 11 have been prevented? Some controversial comments made by the man heading the independent investigation.

And then: What comes next? A review of the plan, the new plan for ground zero.

From New York, this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: This is the third Hanukkah, the third Christmas, the third New Year's the 9/11 families will spend without those they lost. And this year's holidays, already made difficult by the loss, are painful for another reason as well.

The head of the 9/11 Commission, the investigating commission, said this week the attacks on September 11 could have been prevented. The people who could have stopped them simply failed to. He is not the first person to think this or say it, but he may be the most important.

(BEGIN VIDEO CLIP)

THOMAS KEAN, CHAIRMAN, 9/11 COMMISSION: I do not believe it had to happen.

BROWN (voice-over): Sometimes the who is as important as the what. And the who this time is the Republican chairman of the 9/11 Commission.

KEAN: There were people, certainly, if I was doing the job, who would certainly not be in the position that they were in at that time, because they failed. They simply failed.

BROWN: And while the former New Jersey governor said he was not referring to senior administration officials, he certainly got their attention.

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: There is nothing that we have seen that leads us to believe that this -- that September 11 could have been prevented. And we've previously said that.

BROWN: The White House, which initially opposed the formation of the commission, has resisted more than once requests for documents commission members say they need. And an agreement to severely limit what portions of the president's daily intelligence briefs, material critical to the commission's work, continues to raise questions about how helpful the White House really wants to be.

TIM ROEMER, 9/11 COMMISSIONER: I think it's a poor agreement and we shouldn't have reached it.

BROWN: Commissioner Roemer and others argue the attacks could have been thwarted or at least reduced. But the key question, they say, is how to stop the next one.

ROEMER: I worry that we are repeating some of those same mistakes, that we're not breaking down some of the cultures that refuse to share, that we're not creating organizations that are dynamic and agile and quick-acting enough.

BROWN: The commission has already held six open hearings, interviewed 600 people. It plans more hearings next year. The CIA, the FBI director will be among the witnesses. And Roemer and some others want the president to testify as well. The chairman says the commission will assign blame when appropriate.

KEAN: Yes. Some people will be held accountable for their actions.

BROWN: By law, the commission is supposed to issue its report in May.

(END VIDEOTAPE)

BROWN: As all this plays out, the effort to restore New York's skyline reached a milestone today. After months of headbutting and backbiting, the two architects who were forced to collaborate on the centerpiece of the new World Trade Center site stood together at the unveiling. The Freedom Tower will rise 1,776 feet, as Daniel Libeskind wanted. It will twist gently as it goes, fitting the vision of David Childs. A spire will top it off, as the original design intended. Mr. Childs added the latticework. The tower is expected to be topped out on the 11th of September, 2006, and finished two years after that.

All of this came about because, although Mr. Libeskind is a master planner for the site, he had no particular experience designing skyscrapers. Mr. Childs does. And, besides, the governor of the state wanted it that way. Mr. Childs also works for the site's commercial developer, which counts for a lot.

So there was a lot of contention over the last couple months. We would have been surprised if there wasn't, given everything going on down there and the emotion of it all.

Joining us now, a good friend of the program, Paul Goldberger, who writes about architecture for "New Yorker" magazine.

It's nice to see you, very nice to see you.

PAUL GOLDBERGER, ARCHITECTURE CRITIC, "THE NEW YORKER": Thank you, Aaron. Good to be here.

BROWN: Do you like it?

GOLDBERGER: Well, it's a lot better than I thought it was going to be. And when the two architects were locked in this bitter battle with each other, it really felt for a while like somebody had had this crazy idea that Matisse and Picasso had to paint a picture together, which doesn't really do either of them very much good. In fact, it has turned out better than I had hoped.

BROWN: You had -- we talked once about if you could do this.

GOLDBERGER: Yes.

BROWN: And you had a kind -- I think you said what you'd like is a modern Eiffel Tower.

GOLDBERGER: Yes, that's right.

BROWN: Do you get that out of it?

GOLDBERGER: Well, you're getting more of that than I had expected, in fact. It's a great spire. There is that latticework, the cable work at the top, which the architects say also evokes the Brooklyn Bridge, another great icon. And you have got a 70-story office building with all this other stuff bringing it way back up. So, in fact, it is, in a certain way, a symbolic tower.

BROWN: We need to explain maybe a little bit -- and we can show some of this -- but the concept here is that the first 70 stories are occupied.

GOLDBERGER: Yes. BROWN: The rest is not.

GOLDBERGER: The rest is not. That's right, so that we have both the symbolic power, the icon, if you will, of the tallest structure in the world and something even taller than the original World Trade Center, which was very important to a lot of people, to respond with something taller.

But because nobody really wants to occupy space up there, there are only 70 habitable floors. So, in a way, it's a very smart way to kind of have it both ways.

BROWN: One of your great biases in this was that there needs to be there a skyscraper.

GOLDBERGER: Yes.

BROWN: In the best sense of the term.

GOLDBERGER: I agree.

BROWN: Why? I know you agree. It's your idea. I just stole it from you.

(CROSSTALK)

GOLDBERGER: OK.

I believe that one of the things that people missed most that was second only to the lives themselves was the sense that the skyline, which is a possession we all share. It's part of why we love New York. It's part of why the world loves New York -- that the skyline had been destroyed. And repairing the skyline was part of healing what we do.

There's another reason, too, I think, which is that the skyscraper is the great American indigenous architectural form. It is to architecture what jazz is to music. It's a gift we gave to the world. What better place than at ground zero, where American culture was attacked, to not only heal the skyline, but also to innovate, to push the frontier of the American skyscraper forward in a whole new way with a new and innovative kind of skyscraper?

BROWN: I think this -- so I'm going to ask this in a clumsy way. I apologize. But do you think it's possible that we'll build this thing and we'll -- its meaning to us will change over time? It's a building.

GOLDBERGER: Sure.

BROWN: That's all it is. But that, as we see it, it will change?

GOLDBERGER: Sure.

The meaning of anything changes over time. The meaning of the World Trade Center certainly changed over time. Nobody much liked it until it became a sort of structure of martyrdom, in a way. But even things like the Chrysler Building, which is beloved now, was thought of as kind of stupid and weird when it was brand new, in fact.

I think one worry I have is that we're putting too much emotional weight into this building.

BROWN: Yes.

GOLDBERGER: I don't know that any piece of architecture can quite bear all that we ask of this building. We want it to be an icon. We want it to be a symbol of renewal. We want it to be a symbol of memory. We want it to honor the old World Trade Center. We want it to honor all the people. We want it to restore the city to health. Well, that's a lot to ask for a single building.

BROWN: It is that. It's, to me -- when I looked at it, I thought it was -- it's stunning. And I'm still working on whether I like it or not.

(CROSSTALK)

GOLDBERGER: Yes, I like it a lot better than I thought I would and better than the versions they had a couple of weeks ago, too.

BROWN: Which is another part of the story.

It's good to see you.

GOLDBERGER: Good to see you. Thank you.

BROWN: Have a wonderful holiday.

GOLDBERGER: You, too.

BROWN: Thank you.

(CROSSTALK)

BROWN: Next on NEWSNIGHT, morning papers.

We'll be right back.

(COMMERCIAL BREAK)

(ROOSTER CROWING)

BROWN: OK, time to check morning papers from around the country.

We'll go pretty quickly tonight, because we still have a lot of important business to take care of, the accordion guy.

We'll start with "The San Antonio Express-News," for no reason other than it's on top. "One" -- let's start again, OK? Just, we'll start again. "One Bullet Short of Hero Status. If U.S. Soldiers Didn't Kill Saddam Hussein Last Weekend, Arab Columnists Have Finished Him Off With a Vengeance." In the Arab world, they're not taking kindly to the fact that he just kind of meekly gave up. I guess they wanted him to shoot it out with the 4th I.D. Goodness gracious.

"The Cincinnati Enquirer" leads with Libya. "Libya Forswears" -- I think that's the first time I've ever seen forswears in a headline. But, hey, why not? "Forswears Mass Weapons. Bush Says Decision Aids Worldwide Weapons Fight." Hard to argue that point, if it all plays out.

I like this story. It didn't get much attention today, but it should have. "Teen Drug Use Drops Sharply Over the Last Couple of Years." And I haven't read enough to know why that is so, but it's good news anyway. Well, of course, it's good news, Aaron. Sometimes I talk to myself.

"The Boston Herald," pretty simply here on the Gadhafi story. "I Give Up." By the way, I should have done this, but I didn't. I want to know how many different ways newspapers spelled Kadhafi or Gadhafi. It's one of those words. It's kind of like Hanukkah in that way. You can't spell it wrong, apparently. "Gadhafi to Scrap Nukes and Chemical Weapons." Also up here, we wanted to do this story today. We didn't get to it. "Pssst, They're Talking." It's the Alex Rodriguez story, the attempt to trade baseball's two highest paid players. It's fascinating. I'm telling you, even if you don't like baseball, this is too good.

How we doing on time.

For some reason, I chose "The Miami Herald," but the reason escapes me now. I think perhaps because they put the World Trade Center idea on the front page. I thought, honestly, it would be on every front page in the country. But maybe I'm a little New York- centric in that. Anyway, I like that. "Tribute to Freedom. Final Trade Center Plan Unveiled." We'll see what it finally looks like.

How much time? Fifteen.

"The Chicago Sun-Times." "Yes, This is the Damn Ball." This is the one the kid tried -- the foul ball, you know? They auctioned it off for a ton of dough to a restaurant. The weather tomorrow in Chicago is "tranquil." It's tranquil. What can I say?

We'll take a break and come back with a musical interlude.

This must be NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: Finally from us tonight, weapons of mass derision.

No sooner was Saddam captured, he became the butt of a thousand Internet gags, the lion of Baghdad now a spokesman for your better grooming problems. Apologies to the tenor. A guy with trouble just like the rest of us, staying off of carbs. And one that looked surprisingly realistic around here, right down to the misspelling of Saddam's name -- or Santa's name. It would be nice to think that, one day, Internet pranksters might be able to topple a dictator, not just dance on his grave. Until then, it feels good to dance. And here at NEWSNIGHT, it takes an accordion to do that. Yes, Barry Mitchell is back. It is, after all, Friday.

(BEGIN VIDEOTAPE)

BARRY MITCHELL, MUSICIAN (singing): They found him in a spider hole, hairy, dirty full of lice. You get the picture?

UNIDENTIFIED FEMALES (singing): It wasn't nice.

MITCHELL (singing): That's when he fell, the leader of Iraq.

He was the looniest of the loonies.

UNIDENTIFIED FEMALES (singing): Loonies, loonies.

MITCHELL (singing): A terror to the Shiites and Sunnis.

UNIDENTIFIED FEMALE (singing): What do you mean he was a terror to the Shiites and Sunnis?

MITCHELL (singing): But now he's met his defeat, hiding in a hole just south of Tikrit. He's just a shell of the leader of Iraq.

Saddam's a prize we wanted to nab.

UNIDENTIFIED FEMALES (singing): Nab, nab.

MITCHELL (singing): He hid by driving around in a cab.

UNIDENTIFIED FEMALE (singing): Off duty, off duty.

UNIDENTIFIED FEMALE (singing): No passengers.

MITCHELL (singing): We carried out his abduction, but where are the weapons of mass destruction? I hope that he'll tell, the leader of Iraq.

He climbed up from his hole and surrendered, looking haggard, but surprisingly hardy. And as they drove him away, the ace of spades, he was no longer that tyrannical smarty, but he sure could have used a "Baath Party."

We caught Saddam, though it took a while. This ain't going to be no Judge Judy trial. Iraqis won't be downtrodden. Now could someone tell me, where's bin Laden? I'm happy we got him, the leader of Iraq.

The leader of Iraq, now he's gone. The leader of Iraq, now he's gone.

UNIDENTIFIED FEMALES (singing): Gone, gone, gone, gone.

MITCHELL: Bye. (END VIDEOTAPE)

BROWN: There are certain moments I'm just so proud to be the anchor of the program.

Have a great weekend. We'll see you on Monday.

And good night for all of us at NEWSNIGHT.

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Terrorist Threats; Bremer Survives Attack>