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Haiti Mourns Archbishop; Joe Biden Visits Baghdad; Supreme Court Rules for Big Businesses
Aired January 23, 2010 - 12:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: All right, well in all of that, every now and then there is a glimmer of hope. But for the most part right now in Haiti, rescue efforts are now replaced today with mostly recovery missions. Eleven days after the earthquake, Haiti's government is phasing out its search and rescue operations. The United Nations says it isn't giving up on survivors, but is bringing in heavy equipment to help remove the rubble. Rescuers say they've pull mod than 130 people out alive. However, the death toll, staggering -- 111,481 men, women and children.
Survivors are, of course, mourning the loss of their loved ones, their friends and one once large pillar in the Catholic community, the Catholic archbishop of Port-au-Prince. He died in the earthquake, and this morning many came to pay their respects to a man many say they would have actually turned to for guidance, right now.
CNN's Brian Todd is in Port-au-Prince, and it's a very tough day for so many there.
BRIAN TODD, CNN NEWS CORRESPONDENT: Well, Fred, it's a very emotional scene here in Port-au-Prince as the Haitian community here in this city is saying good-bye to its beloved archbishop, Joseph Miot, who perished in the earthquake on Tuesday. This is a man who could have really been a force for recovery in this area as Haitians try to somehow reconcile with what has happened and build themselves back spiritually and emotionally.
Everyone you talk to around here says this is the guy who really could have spurred things along in that regard, but instead, it's a very sad and mournful farewell to the archbishop, today. We know he perished now in the earthquake on Tuesday. There were rumors abound his body was not pulled out until a couple days later, but we're not sure what had happened to him.
But not only did he die in the earthquake, but also a man named Charles Benoit who was a top vicar in the archdiocese here, he also died, so it's a really a double tragedy for the church community here in Port-au-Prince.
And right behind me was another kind of religious and spiritual event going on too. It's called the National Day of Repentance, here. The leaders of this event tell us this is kind of to beg for forgiveness for what has happened. There is a feeling among Haitians somehow they're being punished. This is a rally of singing, of praying, of testimonials to somehow again come as some kind of a spiritual reckoning of what has happened here. Very, very emotional day for Haitians, overall.
You did mention the search and rescue efforts. The information that we're getting on that is a bit nuanced as opposed to what we were told before, that the search and rescue efforts have been called off completely. We're now told that's not quite the case. That they are shifting from search and rescue to nor recovery and rebuilding and that also search and rescue is continuing just in certain targeted areas where they might have a definite hit on someone being alive, but it's not going to be the widespread effort that you saw earlier, Fred.
WHITFIELD: And, Brian, while some heavy equipment is moving in, are they more aggressively using this heavy equipment, feeling like they're, there is a less likelihood of survivors pinned beneath and moving any of that rubble with heavy equipment that might put any potential survivors in greater peril?
TODD: Well, they started to move heavy equipment in here, but have to tell you when you move around the city, you really get a since of how daunting that task is going to be. They are moving in little by little. They are starting to move some of the rubble out, but it is really just now beginning. And again when you're in search and rescue mode, you can't really move huge slabs of concrete out of the way, because you're still kind of trying to keep it intact. They have to go into those voids and gaps in the buildings in order to try to pull people out and they're still in that mode. So, this is kind of the transitional period this weekend where they're going to dissipate the search and rescue efforts slightly and they're going to start to move in more heavy equipment to move some of the rubble. But again, that's going to take months, because if you move around the city and you see street after street really is a shelled-out city. This earthquake took a massive, massive toll, and you can see it for almost as far as the eye can see on any given block.
WHITFIELD: Yeah, and then the question thereafter what do you do with that debris? What do you do with these giant slabs of concrete? All right, Brian Todd, thanks so much in Port-au-Prince.
Well, meantime, there is some concern, a lot of concern, in fact, there will be a second wave of deaths in Haiti if infectious diseases take hold in crowded tent cities. Just how serious is that threat? Here now is CNN chief medical correspondent Dr. Sanjay Gupta.
(BEGIN VIDEOTAPE)
DR. SANJAY GUPTA, CNN SENIOR MEDICAL CORRESPONDENT: And we're here with Atanya (ph). She's a little baby 2-month-old. T-shirt, it's cute. It says, "Does this diaper make my butt look big"? She is living here with four other kids, three adults. And this is their home.
This is a tent. This is what it's like to be displaced after the earthquake. Just everywhere you look, there are tents like this. And this is one of the things people are most concerned about when they talk about a potential second wave of death. They're worried about infectious diseases, in part because of the living conditions like this, people living in very close quarters. There's a concern, could you start to spread diseases like typhoid fever (AUDIO GAP), respiratory illnesses.
And what about the water? Is the water clean enough to actually prevent waterborne illnesses, as well? Take a look over here. They do a pretty good job here. They have clean water. It's really important. If you have got clean water, and you can solve a lot of problems.
For the most part, if you talk to public health officials, they will tell you this idea of a second wave of death due to infections is probably overblown. Actually, it probably doesn't happen that much. In fact, if you can control some very basic things, including water, making sure they get that, and including access to some good clean food, you can probably stave off a lot of these potential infections.
Keep in mind, we are talking about Haiti here. Even before the earthquake, about 45 percent of people did not have access to clean drinking water. And, of course, this is how they're living, in very close quarters. If a disease outbreak were to occur, it could spread very quickly from person to person.
One thing that's important to notice as well is that -- how hot it is out here. It is just hot. Forget about infectious diseases. Forget about cholera (AUDIO GAP), forget about hepatitis A. Worry about the heat. People are at real risk of having heatstroke if they simply don't get enough water.
Another concern people hardly ever think about is that all the aid workers that are coming into this area, well, they need to be inoculated as well. In fact, as journalists, we get these immunization cards to make sure that we don't become the carriers and the cause of a big infectious disease outbreak in a place like this.
But, again, this is tent city, people living in close quarters. People concerned, certainly, about infectious disease outbreaks, but, as things stand now, the likelihood of that seems pretty remote.
(END VIDEOTAPE)
WHITFIELD: Chief medical correspondent, Dr. Sanjay Gupta there in Port-au-Prince.
Meantime people all over the world are reaching out to the victims of Haiti's earthquake and some have little or nothing themselves. Images like this have touched a nerve with some of the homeless in this country, thousands of miles away. In fact, in Philadelphia, they've been going door to door, business to business, collecting clothes, blankets and other supplies for the people in Haiti.
(BEGIN VIDEO CLIP)
RICHARD SHIMOYAMA, HOMELESS IN PHILADELPHIA: Those people don't even have water. They don't have food. They don't have roofs or shelter over their head.
UNIDENTIFIED MALE: They have less than you do.
SHIMOYAMA: Exactly.
CATHERINE CANADY, HOMELESS COUNSELOR: I've seen them do a lot of things, but this is maybe one the most overwhelming things I've seen them do.
(END VIDEO CLIP)
WHITFIELD: Catherine Canady tells CNN the people are dropping off even more donations this weekend, and the Ridge Avenue Shelter is still trying to find a way to actually get all that's been donated to Haiti.
Organizers of last night's "Hope for Haiti" telethon haven't announced how much money they actually raised during that event, just yet. But, one thing is clear, the two-hour fund-raiser attracted a lot of star power. More than 100 celebrities took part, and they answered phones and they also took in the pledges and many, of course, performed, including Alicia Keys, who opened the show with a song "Prelude to a Kiss."
(BEGIN VIDEO CLIP)
(SINGING)
(END VIDEO CLIP)
WHITFIELD: Simultaneously, on 25 networks this telethon was carried, of course, including CNN.
So, if you still want to. You can. Just logon to CNN.com/impact and there is a list of charities there that you can donate to and information on the overall relief efforts.
The U.S. Supreme Court ruling on campaign finance is a flood of corporate cash about to decide the winners and the losers.
(COMMERCIAL BREAK)
WHITFIELD: On to Iraq now. Vice President Joe Biden is in Baghdad amid rising tensions over upcoming parliamentary elections. CNN's Diana Magnay is live with the very latest -- Diana.
DIANA MAGNAY, CNN NEWS CORRESPONDENT: Hi, Fredricka. Yes, Joe Biden is here, came -- arrived last night. And as you say, there is a political crisis of sorts going on here right now, because of a list of 500 politicians, Sunni and Shia, who are supposed to be banned from the upcoming elections in March, because they are supposed to be closely tied to Saddam Hussein's Ba'ath party.
Now, the body that is banning this group of politicians called the Accountability and Justice Commission, used to be called the De- Baathification Commission, it's headed by Ahmed Chalabi who himself is running in the election. So, there's a big conflict of interests, a lot of question marks over the credibility of the elections.
And although the vice president's visit was planned before this situation arose, there is no doubt that he will have talked extensively with the Iraqi leadership over these few hours about that issue and an attempt resolve is before March -- Fredricka.
WHITFIELD: And the vice president is focused on, is he trying to say, get rid the list? Let those 500 be candidates that voters can select?
MAGNAY: Sorry. I didn't quite hear that, Fredricka. Say it again.
WHITFIELD: Is the vice president going so far as to say, get rid of this list of 500 who are not allowed to be choices for voters? Is he going so far as to say, allow this to be an open election?
MAGNAY: Well, we've heard from President Talabani actually before Joe Biden arrived here, that he'd received a telephone phone call from him saying let the elections happen as planned, and these 500, if they are then elected should then be vetted and to then be asked to sign a sort of document saying I reject any kind of Ba'athist ideology and I renounce concepts of dictatorship and the like so that this whole process is delayed until after the elections.
The Iraqi leadership has said, though, that this is something they are taking the lead on and they will, of course, take advice, but they hope to get it all resolved by political ways before the March election takes place -- Fredricka.
WHITFIELD: And Diana, all of this taking place as U.S. troops begin their pullout to meet the deadline the Obama administration put in place for late other than this year. How is has helping or hurting?
MAGNAY: Well, today, there was a big milestone, because the Marines pulled out of Iraq altogether after six years. This political issue won't in any way affect that deadline and that is certainly something that Joe Biden himself said, today. But, it also is not intended to impact the elections. I think we can see those dates fixed. But, as they've said, today the Marines drawing down the first phase for a really massive drawdown of combat troops for August of this year and so far those dates are still fixed -- Fredricka.
WHITFIELD: All right, Diana Magnay, thanks so much from Baghdad.
All right, an angry President Barack Obama is vowing to counter this week's landmark ruling on campaign finance law, but realistically what can he do? After all, it's not called the U.S. Supreme Court for nothing. Let's talk about this now with CNN deputy political director Paul Steinhauser.
All right, so what is the impact of this ruling?
PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIR: The Supreme Court basically opened the floodgates, Fred, to unlimited spending by corporations, by unions in elections. By a very narrow 5-4 majority, the conservatives on the Supreme Court voted to ease restrictions, Fred, going back 100 years, some of them, that prevented unions and especially big businesses from having a huge impact in political elections. They also got rid of rules that prevented campaign ads by unions, by big businesses in the closing days of elections. And all of this happens, as you know, just 10 months before these crucial midterm elections, when you've got all 435 members of the U.S. House, you got about more than one-third of the Senate and 37 governorships, they're all up for grabs. So, what this means for you and me? Stay tuned, because on your TVs you're probably see a heck of a lot more ads now for elections in politics than you've already seen before -- Fred.
WHITFIELD: Is anyone willing to say that one party is going to benefit greater than the other as a result of this ruling?
STEINHAUSER: Good question. It's a little, probably, too early to tell, but I think more people think this will benefit Republicans than Democrats. Couple reasons: big business usually backs Republicans more than Democrats. Also, look at the instant recollection from Thursday on to this Supreme Court ruling, Republicans, mostly, mostly applauding this ruling, Democrats, led by President Barack Obama, mostly criticizing this ruling. The president spent all of this morning on his radio and Internet address criticizing the ruling. Take a listen.
(BEGIN VIDEO CLIP)
BARACK OBAMA (D), UNITED STATES PRESIDENT: This ruling opens the floodgates for an unlimited amount of special interest money into our Democracy. It gives the special interests lobbyists new leverage to spend millions on advertising to persuade elected officials to vote their way or punish those who don't. That means that any public servant who has the courage to stand up to the special interests and stand up for the American people can find himself or herself under assault come election time.
(END VIDEO CLIP)
STEINHAUSER: And as you asked earlier, what can the president do? Well, the White House, Democrats in Congress, talking, trying to figure if there's a way to push some legislation that maybe will reverse some of this, but that probably is doubtful -- Fred.
WHITFIELD: All right, Paul Steinhauser, thanks so much. Of course, we're going to talk more about this and how and why at the core is freedom of speech. Our legal guys are going to be delving into this issue as well as that of John Edwards and his legal woes, He says he's sorry for lying about fathering a child with a mistress while running for president. But, is sorry going to be enough? Our legal guys discuss the potential consequences whether this has helped these -- end up being a stepping-stone for any kind of criminal case facing Mr. Edwards.
(COMMERCIAL BREAK)
WHITFIELD: Stuff out there after a week of storms, one after the next. A break for southern California, kind of.
REYNOLDS WOLF, CNN METEOROLOGIST: Kind of. That's the best way to put it, because they are going to have a little respite for southern California for much of today, for tomorrow. Then into Monday and Tuesday looks liked weather machine may get cranking up again and you might have more rain in southern California. Exactly where they don't need it.
(WEATHER REPORT)
WHITFIELD: All right, thanks so much, Reynolds.
WOLF: You bet.
WHITFIELD: All right, a look at top stories right now. NATO's international security forces say two members of the U.S. military killed this morning in a roadside bombing. So far few details have been revealed, other than the incident happened in the Taliban stronghold of southern Afghanistan. We'll keep you posted on that.
And in South Carolina, friends, family and pro football players have good-bye yesterday to 26-year-old Gaines Adams, the Chicago Bear's defensive end, who died last weekend. An autopsy concluded the former Clemson University all-American and 2007 NFL first round draft pick died from cardiac arrest as a result of an enlarged heart.
And Republicans making political hay of Tuesday's GOP upset in the Massachusetts Senate race. Today House Minority Leader John Boehner says the vote should be a wake-up call too Democrats and President Obama on how the nation feels about their proposed health care overhaul. More top stories 20 minutes from now.
All right lots of legal cases catching our attention this weekend beginning with news this morning that the U.S. will appeal a court decision dismissing manslaughter charges against Blackwater contractors. We turn our legal guys. Avery Freidman is a civil rights attorney and law professor and Richard Herman, you won't see him, but you're going to hear him. He's a New York criminal defense attorney and law professor.
All right, good to see and hear from you both.
AVERY FRIEDMAN, CIVIL RIGHTS ATTY: Hi, Fred.
WHITFIELD: All right, Richard, I'll begin with you if you're with us, so that people can really believe me when I say we're going to hear you, just not see you. Let's talk about this. The U.S. says it wants to pursue this, anyway, a dismissal in the case. Oh, it looks like we lost Richard, after all.
So, Avery, the U.S. says, you know what? There was a dismissal in this case, but it doesn't necessarily mean there was an acquittal and that's why we're appealing.
FRIEDMAN: Well, that's what or Vice President Joe Biden is saying, but here's the bottom line, legally, Fredricka. U.S. District Judge Urbana said this past month that because there was immunity granted to the Blackwater employees, the federal prosecutors were not allowed to use the incriminating evidence. In other words, the government didn't play fair. They're bad guy, but because the government didn't play fair, the federal district judge threw the case out.
So while we understand politically why the vice president is saying it, I am certain that the United States court of appeals for the District of Columbia will affirm the dismissal of those case against the Blackwater employees.
WHITFIELD: Really? OK, so I think Richard is now with us. Richard, weigh in on this. Do you agree with that?
RICHARD HERMAN, CRIMINAL DEFENSE ATTY: I agree that it's politically motivated, Fred. But, let's put it in perspective, here, the United States government has decided to appeal the United States' government decision against persecutory misconduct, a penalty imposed by the trial judge to dismiss the case. Look, the government is appealing the government's prosecutorial misconduct. That's just great.
WHITFIELD: All right, let's talk about John Edwards. Interesting legal woes for him. It really gets complicated. Doesn't it? You know already there's a grand jury case or investigation, but might this now be broadened out now that he's admitting to this affair, admitting that he's the father of a child. He has not admitted to the allegations of misuse of campaign funds, which is really at the core of all of this, but I wonder, Avery, does the plot thicken because there are his admissions as result of a tell-all book?
FRIEDMAN: No. And let me tell you why. The issue isn't whether or not he lied about the baby and the mistress, but rather whether he used $100,000 worth of campaign funds, which is governed by federal law, for his mistress. She was given $100,000 for photographs. That's a lot of pictures. But the truth is, it probably can be very well argued, unless there is some bombshell in the Federal Elections Commission filing Fredricka, there's not going to be an indictment. Remember, the government la to prove beyond a reasonable doubt that he used funds improperly. That is a very high burden of proof.
WHITFIELD: But, Richard, I wonder if now with this -- oh, go ahead.
HERMAN: Bye-bye, he's gone. His political career is over. His career as a man is over. I mean, no one's going to have sympathy for this guy whose wife was suffering from cancer, and she still stood up for him and went on the campaign trail for him. If he misused one dollar, and I disagree with you, Avery. You know, this guy's a multi- millionaire, Fred. If he diverted any campaign funds to Rielle, or whatever her name is, or any of his friends.
WHITFIELD: Rielle Hunter.
HERMAN: This guy is going to get prosecuted. He is not well liked anymore.
WHITFIELD: And that's kind of what I wonder though, Avery and Richard, because if there's an admission now, already there was an investigation into the misuse of funds, because $100,000 paid her, et cetera, but now, he makes this admission and then there are other allegations in this tell-all book that says that he also may have paid kind of hush money for someone else to come forward as the father of the child.
Doesn't it seem investigators will try to look at the trail of that money? Might that have been campaign money if indeed there was hush money involved?
FRIEDMAN: That's a reasonable question, but I mean, unless John Edwards, he might be a dirty guy, but he's not an idiot.
HERMAN: He is an idiot.
FRIEDMAN: No, he's not. I mean, he might be a bad guy, but you're apples and oranges. The fact he's a bad guy doesn't answer the question of whether he used election money to pay that off. And so even if there's hush money, if he used his private funds, that's a completely different issue in terms of whether it's campaign money. It's apples and oranges.
WHITFIELD: OK, well, let's talk about something else. U.S. Supreme Court making a decision saying, at the court hearing, freedom of speech and it's OK that corporations give as much money as they want to now political offices. Is that really at the core here, Avery, its freedom of speech, and nothing more, nothing less?
FRIEDMAN: This is a constitutional "titanic," Fredricka. I actually read it. A lot of people who have given commentary have not. Here's the bottom line, and I'm going to try to make it real simple. First amendment is not absolute. If the government can show a compelling interest to tailor limitations, it can do it. There is 100 years of sworn testimony before Congress and you know what, Fredricka? The Supreme Court considered none of it. It's a cooked up phony deal, a terrible decision. I'm embarrassed by what the majority did, here. It is far from a first amendment case and Congress starting this week, the Senate, will address the mistake that the U.S. Supreme court made this week.
WHITFIELD: So, Richard, do you think this was a political decision?
HERMAN: I think it was, you're looking at the effects of the Bush appointees to the Supreme Court, Fred. I think the president can rant and rave all he wants and the Senate and Congress can get together. There's nothing they can do about this. This is how it's going to be until the Supreme Court changes it. And the political -- the politics are going to be controlled now by special interest groups and big business who are going to flood the television with commercials and ads and going after people. It's really going to be horrific.
WHITFIELD: OK, well, let's talk about the favorite couple that wanted to be famous and now they really are. The is a Salahis on Capitol Hill, this week, they pled the fifth saying, you know, we don't have to answer anything. I wonder, Avery, does this set them up for I guess a deeper doo?
FRIEDMAN: Well, if it sets them -- you mean a reality show or being indicted?
WHITFIELD: Yeah, charges, indictments. FRIEDMAN: Exactly. I mean, this isn't a surprise. They got the reality show this week. It was something they didn't want to face. What they did was absolutely protective of the Constitution; the members of the House Home Security Committee were very frustrated, but this is heading over to the U.S. Attorneys Office. Grand Jury is investigating it.
There's going to be an indictment and finally, Fredricka ...
WHITFIELD: Yes?
FRIEDMAN: ...we will get the truth about who's responsible. The only thing I would say is Desiree Rogers at the White House should voluntarily make herself available. I can't believe the White House is stonewalling it. It really troubles me.
WHITFIELD: Well ...
HERMAN: And that's -- and for that very reason, Avery, there very well may not be an indictment in this case. There very well may not be. And Fred, any time a grand jury is investigating someone, you take the fifth.
WHITFIELD: And you say there may not be an indictment, not necessarily because of the fifth, but because it's more unlikely that Desiree Rogers or anyone from the White House would voluntarily testify. Is that why?
HERMAN: Yes, absolutely.
FRIEDMAN: I -- we disagree. There's going to be an indictment coming down against the Salahis, no doubt. Yes.
WHITFIELD: OK. Well, we've got other cases to talk about. New days, new deals ...
FRIEDMAN: Yes.
WHITFIELD: ...for Conan O'Brien and Roman Polanski ...
FRIEDMAN: Yes.
WHITFIELD: ...when our Avery and Richard come back. And Richard, hopefully you're going to stay on the phone for us.
HERMAN: I'm with you, Fred.
WHITFIELD: All right. Very good.
OK, where are we going next?
(COMMERCIAL BREAK)
WHITFIELD: Eleven days since the earthquake in Haiti, and the government there is shifting from rescue to recovery, but crews tell CNN that they are still searching for survivors in targeted areas. Tons of emergency relief supplies keep arriving, mostly by air. The airport in Port-au-Prince is now handling between 120 and 140 flights a day. And before it is about one-third operational, right now it is only handling humanitarian cargo.
So, all week we've been hearing of amazing stories of survival. In fact, one man trapped beneath the rubble survives with the help of an iPhone application.
Our Josh Levs joins us with this pretty incredible story -- Josh?
JOSH LEVS, CNN CORRESPONDENT: It is pretty incredible, Fred and this is a guy I talked to earlier today. Let me set this up for you. He is with a group called Compassionate International, which fights poverty in different countries around the world.
He was in Haiti inside the Hotel Montana when the earthquake happened. The hotel came pounding down on him. He's trapped beneath the rubble. He finds that he's bleeding from his head and his leg and he wants to bandage his own wounds without hurting himself. So, he pulled out his cell phone.
(BEGIN VIDEOTAPE)
DAN WOOLLEY, EARTHQUAKE SURVIVOR: I was not going to let, you know, a mistake I might make trying to treat my wounds. I had basic first-aid knowledge, but not advanced and I didn't want to, in my disoriented state just make a mistake. So, I knew I had my iPhone. I opened it up and I had an app that had predownloaded all this information about treating wounds. So, I looked up excessive bleeding and I looked up compound fracture.
LEVS: And you looked it up.
WOOLLEY: But later, I looked up ...
LEVS: I got it here actually. I'm looking at it right here. I know it's going to be tiny on your screen, but I'm looking at it here. It's a basic first-aid and CPR application that talks you through various things. And I understand what you did was you used this to make sure that you weren't going to hurt yourself, that you were going to do it right?
WOOLLEY: Yes, that's right. And just knowing that I had the confidence -- had a guide from the American Red Cross, I knew I wasn't making mistakes. And so, that just gave me confidence to treat my wounds properly.
LEVS: Well, listen, I -- there's something else you did while you were down there, and that is that you wrote notes to your family when you thought you wouldn't make it. And I understand you have with you right now the journal that you kept and you can read us a passage there of something that you wrote your family?
WOOLLEY: Yes. I was there for several days and I thought I might be rescued, and I thought I might not. So, I wanted to at least send notes to my family. So, here's one of the notes. "I was in a big accident, an earthquake. Don't be upset at God. He always provides for his children, even in hard times. I'm still praying that God will get me out, but he may not. But even so, he will always take care of you."
LEVS: Dan, could you turn that around so our viewers could see it? I understand, I mean, it's obviously your handwriting in there. I know there are some pages that have your blood on them as well. This is something you're going to hold onto for a long time.
And I want to show everyone the pictures of you and your beautiful children that we have here. We'll end on that. You were reunited in Denver there with your wife Christina and your two sons right, Josh and Nathan. You have a six-year-old and a three-year-old son, and there's you, back with your beautiful family.
I know you must be appreciating life in a whole new way right now. I know the gratitude you have.
WOOLLEY: Absolutely.
LEVS: All right. Well, listen, thank you so much for joining us. Really powerful story. Thank you.
WOOLLEY: Thank you.
(END VIDEOTAPE)
LEVS: Got to speak with him a little earlier. He was saved, Fred, on Friday. So, he was there from Tuesday afternoon on; it was basically I believe 65 hours, they figured out, by the time he was found. When the rescuers came, he was screaming and calling and screaming and calling. Other people did not make it from the Hotel Montana. He is, in that sense, one of the lucky ones that got out, Fred.
WHITFIELD: Yes. In fact, there are still people they believe, you know, trapped or at least, I mean, of course those loved ones are holding out hope that maybe they would be OK, but they haven't gotten to the bottom of all that collapsed debris at the Hotel Montana.
LEVS: Exactly. It could be a while.
WHITFIELD: All right. Josh Levs, thanks so much. Appreciate it.
LEVS: You got it. Thanks. Fred.
WHITFIELD: Great story.
All right, Haitians in the U.S. are jumping at the chance to apply for a program that will allow them to stay in the country for a year-and- a-half. But U.S. officials are making it clear they are not rolling out the welcome mat for new Haitian immigrants.
Here now is CNN's Ed Lavandera.
(BEGIN VIDEOTAPE) ED LAVANDERA, CNN CORRESPONDENT (voice-over): This is the frenzy inside a Catholic Church in the heart of Miami's Little Haiti neighborhood. Thousands of Haitian immigrants, many in the United States illegally, are applying for what's called temporary protective status or TPS. It allows Haitian nationals to live in the U.S. legally for the next 18 months.
For years, Haitian-Americans lobbied for TPS, but many advocates now see an opportunity to make bigger changes, to ease years of immigration restrictions toward Haitians coming to the United States.
IRVIN DAPHNIS, HAITIAN LAWYERS ASSOCIATION: This now is an opportunity for Haiti to change. This is a time right now, and many feel this is the last time. A lot of people feel like this is our time.
LAVANDERA: Horrifying images like these have been common in the ocean waters between the United States and Haiti. It's a dangerous and deadly journey for many who try to make it to American shores. Every year, U.S. Coast Guard officials say about 1,600 Haitians are stopped on the high seas and sent back home.
Irvin Daphnis with the Haitian Lawyers Association in Miami says if more Haitians could work legally in the U.S., it would help their country recover from decades of poverty and corruption back home.
DAPHNIS: So, that's how it helps. Haitians are going to be able to be in a position financially to help Haiti themselves.
LAVANDERA (on camera): When the Obama administration approved temporary protective status for Haitian immigrants already in the U.S. before the earthquakes, it was expected that some 30,000 people would apply, but immigration officials now say that number could top 200,000.
(voice-over): U.S. officials have been quick to temper any hopes of vast changes in immigration laws towards Haitians who may now try to come to the United States.
HILLARY CLINTON, SECRETARY OF STATE: We are not going to be accepting into the United States Haitians who are attempting to make it to our shores. They will be interdicted, they will be repatriated.
LAVANDERA: U.S. officials say emergency plans are in place to handle a mass exodus of Haitians fleeing the earthquake-ravaged nation. But so far, there have been no signs of Haitians jumping on boats.
LT. CHRIS O'NEILL, U.S. COAST GUARD: It's very, very dangerous. It's very dynamic and I can't stress enough how important it is for people in Haiti to stay home, stay safe, help rebuild your country and we'll help you rebuild it.
LAVANDERA: But many Haitian-Americans say help rebuilding should include opening more doors to their beleaguered countrymen.
Ed Lavandera, CNN, Miami. (END VIDEOTAPE)
WHITFIELD: A look at our top stories right now. Late development in the Roman Polanski child rape case. It's just one of the hot legal topics our legal guys are taking on.
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WHITFIELD: You may have caught it last night, but Conan O'Brien's last night, that was last night, but it wasn't necessarily a sad good- bye. He is walking away with more than $30 million.
Let's talk about this contract, what did and didn't go right. Avery Friedman is a civil rights attorney and law professor and Richard Herman is a New York criminal defense attorney and law professor. You're not going to see him, but you're going to hear him. He's still on the phone with us, right Richard?
HERMAN: Yes, yes, yes.
WHITFIELD: OK, good. All right, let's start with you then, Richard, about Conan. He walks away with more than $30 million. How did he and NBC kind of come to terms?
HERMAN: Well, Fred, you remember the tape from last week on our segment where we said this case had to be settled because there is no black and white determination as to what "The Tonight Show" was and what -- the period of time slot that it was.
So, the parties agreed to a settlement. $33 million in his pocket, $12 million to his staffers as a severance pay for all of them relocating to California. It was the right thing to do. Now hopefully, he can go back maybe to writing for like "Saturday Night Live" or David Letterman invited him on the "David Letterman Show," so who knows what he's going to do, but he's going to be OK. $33 million richer, Fred.
WHITFIELD: All right, Avery, how did you see it?
FRIEDMAN: NBC looked at him as Conan the barbarian, he turned into Conan the humanitarian. He's taking all his young producers, paying them off on the contracts that were entered into. I actually predicted about $30 million last week if you recall.
WHITFIELD: Yes.
FRIEDMAN: But the beautiful thing about this, additional $12 million for these young producers and others, a wonderful resolution. There's some gag orders and some other things in here, but by and large, Conan is in wonderful shape. The whole world's waiting for him in the future.
WHITFIELD: In fact, I want to ask about about the gag orders. What compels him to stay quiet and apparently has, kind of like a no -- the equivalent of a no compete. He can't necessarily be on the air anywhere until ... FRIEDMAN: Yes.
WHITFIELD: ...September, which really is not -- you know, it's right around the corner, Avery, so why is he compelled to stay quiet?
FRIEDMAN: Because that's part of the deal. There -- a lot of people think, well, doesn't that violate the first amendment, that don't you have freedom of speech? Well, you don't in a private relationship between two private parties. First amendment has to do with the government. So, it's entirely proper as part of this, you know, $40 million-plus payoff to say, Conan, you want the money, you're going to have to shut up and basically, that's exactly what he agreed to.
WHITFIELD: OK. Richard, let's hear your final thought on that?
HERMAN: Confidentialty provisions are done in contracts all the time, Fred.
FRIEDMAN: Sure, all the time.
WHITFIELD: OK. All right, let's talk about director Roman Polanski, and he makes a last-ditch effort. He sends a letter and says, OK, go ahead and sentence me, but how about in absentia?
FRIEDMAN: Yes.
WHITFIELD: And a late-night ruling, Richard, prosecutor says no, or at least Los Angeles says no. So, how soon might he be on his way to L.A. to face sentencing?
HERMAN: Well, hopefully he'll be very soon. Fred, we have to keep it in perspective. This guy brutally raped a 13-year-old girl. If that happens anywhere in the United States, and you get convicted, you go to prison. Just because he pled guilty, then just did not like that the trial judge, the sentencing judge, would not go along with a sweetheart deal, he took off, he fled the country.
FRIEDMAN: Yes.
HERMAN: He's a fugitive, he doesn't get special treatment because he's a director, and all of his Hollywood friends are supporting him and even the victim is saying she doesn't want him to go to prison and he should be sentenced in absentia. All that means nothing.
FRIEDMAN: Right.
HERMAN: The rules of our country govern this scenario.
FRIEDMAN: Right.
HERMAN: He must come back to California and face the music finally.
FRIEDMAN: Well, what ...
WHITFIELD: All right, Avery, you're in agreement? FRIEDMAN: What Superior Judge Peter Espinoza said yesterday is look, don't ask the court for favors when you're a fugitive. Bottom line is, while he was not convicted of rape, he did enter a plea to a crime less than that. He has to be back here. I don't agree with Richard. It's going back to the Court of Appeals. There's going to be continuous delay. We don't know when he's coming back.
WHITFIELD: Back to the Court of Appeals before he were to be extradited you're saying?
FRIEDMAN: Right, because they're saying -- the Court of Appeals said that it should be an absentia sentence sentencing, Judge Espinoza says no. Polanski's lawyers say they are appealing it again to the California Court of Appeals.
WHITFIELD: Wow.
HERMAN: And the victim says it was a violation of California's Constitution because ...
FRIEDMAN: Yes, she ...
HERMAN: ...she was not apprised of the fact that they were seek extradition (ph).
FRIEDMAN: And she also says she wants him tried in absentia. That's going to be one of the issues in the Court of Appeals.
WHITFIELD: OK. Let's move on to another case in Minnesota. I don't know, I always thought DUI, DWI, pretty clear.
FRIEDMAN: Yes.
WHITFIELD: You know, you're driving -- you're behind the wheel, you're intoxicated. But apparently, even if you're intoxicated, you're not necessarily cranking up the key but you're in the car, that, too, could get you in trouble. Avery, explain this one to me.
FRIEDMAN: Yes, yes. More than ask Gerald Flick (ph), not only was he asleep in the car, parked in his apartment spot and the keys were out of the ignition, the Supreme Court of Minnesota said that even with all that, even though he wasn't driving, parked, and the keys not in the ignition, guilty of driving while under the influence. Why?
WHITFIELD: Why? Intent?
FRIEDMAN: Because, no ...
WHITFIELD: What? What?
FRIEDMAN: ...no, the good, good legal analysis, but it was because he has physical control of the car. Physical control in Minnesota, you're guilty.
WHITFIELD: But Richard ...
HERMAN: Hey, Fred ...
WHITFIELD: ...he didn't have physical control over himself? He fell asleep.
HERMAN: Right. Fred, they must be intoxicated over Vikings success so far this year. And I got to tell you, they're telling you in Minnesota now, if you get in your car and you're a little drunk, and you don't want to drive, get out of your car and freeze to death in the wintertime.
FRIEDMAN: Go under the car, sleep under the car.
HERMAN: (INAUDIBLE)
WHITFIELD: Now, what about if you're in the back seat? You're taking a nap in the backseat? Is that all right?
FRIEDMAN: Oh, that's a great question. That's a great question.
WHITFIELD: Definitely (ph)?
FRIEDMAN: I think you beat it if you're in the back seat. So, you got to sleep in the back seat now.
HERMAN: You have the keys and the wherewithall to take off, you can be convicted. It's horrible.
WHITFIELD: Oh man. OK, all right, you guys, we thought this case was over for a little bit, Amanda Knox case. But apparently now, what the lead prosecutor who secured the conviction last month of Amanda Knox, well, now he's in deep water. He's in trouble now. So, how might this help the Amanda Knox case which is in appeal -- Avery?
FRIEDMAN: Well, I actually have said all along this is a dirty prosecutor, playing dirty, ignoring Supreme Court of Italy's orders. I think his trouble is going to factor into it. Again, look for either a reduction in sentence or maybe even an acquittal.
HERMAN: This conviction of this prosecutor is completely irrelevant to the Knox conviction. This guy's ...
WHITFIELD: Really?
HERMAN: ...convicted of actions he took 25 years ago. It's going to have no bearing on Knox, none at all. She's going to go to prison for a long time, Fred.
WHITFIELD: OK, but they're going to argue it anyway, though. His -- I mean, her attorneys would, right?
FRIEDMAN: Sure they are.
WHITFIELD: Because we're talking about credibility issue and this prosecutor helped, you know, put the nail in a coffin for her.
FRIEDMAN: And also played dirty ... WHITFIELD: More than 20-year sentence.
FRIEDMAN: ...in ignoring the Italian Supreme Court's instruction during the trial. Again, look for reduction, at very least, a reduction in the sentence, no doubt.
WHITFIELD: OK. Avery, Richard, thanks so much. Richard, we miss seeing you, but thank goodness we get to hear you.
HERMAN: New York City next week, Fred.
WHITFIELD: All right, very good.
FRIEDMAN: See you soon. Take care.
WHITFIELD: All right, good to see you all.
HERMAN: Take care.
WHITFIELD: And hear you.
All right, the Sundance Film Festival full swing. We'll preview a film about helping working poor in Bangladesh and explain how it could help us right here in the U.S. and perhaps even Haiti.
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WHITFIELD: An economist who had no intention of becoming a banker not only succeeded at it, but he ended up winning a Nobel Prize for using his bank to help the poor. And he is the subject of a new documentary screening at the Sundance Film Festival, and that's where we also find our Brooke Anderson in oh, so gorgeous Park City and you look gorgeous, too.
BROOKE ANDERSON, CNN ENTERTAINMENT CORRESPONDENT: Oh, thank you, and it's a beautiful setting. It certainly is, Fredricka. And yes, there are many very smart and timely documentaries here at Sundance and one of them is "To Catch a Dollar." Muhammad Yunus, banks on America. It focuses on microfinancing in poor communities around the world to help generate income and give the less fortunate a fresh start.
And in this current economic crisis that we are in, it is extremely relevant and Muhammad Yunus, the Nobel Peace Prize winning economist is joining me now. Muhammad, you grew up in Bangladesh, poverty all around you, people dying because they were starving and you saw that just $2, $3 can save lives. How did that realization become the impetus for your loan program to help others?
MUHAMMAD YUNUS, NOBEL PEACE PRIZE WINNER: Well, I began back in 1976, giving that $5, $10 loans and then built a bank around it called Grameen Bank. Now, it's all over the country. And the idea has spread all over the world and you started a program in New York City about a year-and-a-half back. It's been wonderful. This is the subject of this movie.
ANDERSON: Yes, that's -- the film focuses on your efforts to bring this program to New York City, and it's interesting because, you know, some of the subjects just needed money to buy one -- one woman works in a salon, just needed money to buy hair extensions to get that fresh start. Has it been successful?
YUNUS: Very successful. We have nearly about 2,000 borrowers, average loan is about $1,500, repayment is 99 percent, no ...
ANDERSON: Ninety-nine percent ...
YUNUS: Ninety-nine percent, yes.
ANDERSON: ...repayment rate? Very successful.
YUNUS: Yes, we have ...
ANDERSON: And you only loan to women?
YUNUS: Yes. Well, we loan to women in Bangladesh, we do it all over the world, it's the same system. It worked for them, it changed the family, changed the children status, and their education, their health and so on.
ANDERSON: Why women? Why just the women and not women ...
YUNUS: It worked so much better with women. We started doing it for both men and women. When we achieved balance between men and women, we saw money going to the family through women, brought so much more benefit to the family than same amount of money going to the family through men. So, we changed our policy focusing on women and the children becomes a beneficiary, and she has a long-term vision to move forward to change her life.
So, we see every time, she got the best mileage out of the money we give her. She is very cautious about the things she wants to do and she has a -- a vision to move forward, yes.
ANDERSON: A vision and to start a business. And that's really the basis of how you feel. This is all very, very successful.
YUNUS: Yes, yes.
ANDERSON: Really quickly, we do have to go, but Haiti was in terrible shape before the tragedy. How do you think it can get back on its feet and turn things around?
YUNUS: Well, after the relief and rescue operation is over, you have to settle down, you have to stand on their feet again. That's when microcredit will become very important intervention.
ANDERSON: Microcredit?
YUNUS: Absolutely. They need finance, they can express their own ability to translate them into income.
ANDERSON: OK. Well, congratulations on this film ...
YUNUS: Thank you.
ANDERSON: ...and all of your wonderful efforts, Muhammad Yunus.
Fredricka, the film is on the market here at Sundance. They're hoping to sell it and get it into theaters. Back to you.
WHITFIELD: All right. Look forward to that. Good to see both of you.
All right, Conan O'Brien's last laugh on NBC. There's a double entondre there.
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CONAN O'BRIEN, NBC HOST, "THE TONIGHT SHOW": HBO, when you make the movie about this whole NBC/Late Night fiasco, I would like to be played by Academy Award-winning actress Tilda Swinton if that's ...
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WHITFIELD: Oh boy. I don't know if she's going to like that one. All right, asta la vista Conan O'Brien. He's laughing all the way to the bank, $30 million plus. I'm sure we'll see him again, though. You never know in what kind of reincarnate.
All right, and I'll see you again, the 2 o'clock Eastern hour and the Dolans will be with me. Much more straight ahead.