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CNN Live Saturday
Resuers Plan Second Outing To Save Entangled Whale; Prosecutors Recommend Indictment Of Ariel Sharon; White House Uses Executive Privilegds, Say Condoleezza Rice Will Not Testify
Aired March 27, 2004 - 14:00 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.
DANA BASH, CNN WHITE HOUSE CORRESPONDENT; I'm Dana Bash in Crawford, Texas with the president. But back in Washington, the controversy continues over his national security adviser's refusal to testify publicly before the 9/11 commission.
FREDERICKA WHITFIELD, CNN ANCHOR; Also prices at the pump are soaring to record highs. Get ready to dig deeper at the gas station.
And we'll examine a disturbing trend among high some school athletes. We have the story of students who experimented with steroids with tragic results.
It is 2:00 p.m. on the East Coast, 11:00 a.m. out west. Good afternoon, I'm Fredericka Whitfield at the CNN global headquarters in Atlanta. Those stories in a moment, but first a look at the headlines.
At least two dozen people are wounded in a motorcycle bomb attack outside a hotel in southern Thailand. It occurred in mostly Muslim southern Thailand near the Malaysian. The area has been under martial law since January since a guerrilla raid at an army camp.
France has released three suspects who were being held in connection with a bomb found on some train tracks near Paris. Sources say an extortionist demanded $4 millions from the government to stop future train attacks. European police are on high alert following the bombings that killed 190 people in Madrid.
A National Guard soldier being held in Georgia faces court- martial after refusing to return to Iraq for duty. He is being charged with desertion after a five-month absence. The soldier Comehlo Mahia (ph) of Miami, Florida, says he believes the war in Iraq is immoral.
The campaign swing in full gear with both President Bush and his Democratic challenger crossing the country pushing their economic agendas.
We'll get to that in a moment, but first some breaking news out of the Middle East. Potential trouble for Israeli prime minister Ariel Sharon. An Israeli television station is reporting prosecutors decided to recommend that Sharon be indicted over a bribery scandal. Reporter Paula Hancocks has been following the story. She joins us live now on the phone with more -- Paula. PAULA HANCOCKS, CNN INTERNATIONAL CORRESPODENT (via telephone): Hello, Fredericka. That's right, Channel 2, the Israeli television station here, just announced that prosecuters in this bribery scandal have decided that they would recommend indicting Sharon. Now, it could be up to a month or so before the attorney general actually comes to a decision whether or not to accept this recommendation to indict Sharon. But they did decide there was sufficient grounds to charge Sharon with bribery.
Now, the basic story is an Israeli businessman, David Apple was indicted back in January. And he was accused of bribing Sharon. The allegations say that Apple paid about $690,000 in bribes to Sharon whilst he was foreign minister in the late 1990s. Now, those bribes also went to Sharon's deputy prime minister, and also his son Gilard (ph).
It was thought to be to get aid to develop a Greek real estate project. The story was an allegation that Apple wanted Sharon and Almet (ph) to help him get hold of some real estate in -- on the Greek island which he was having trouble with, and in return he would allegedly receive help with their political campaigns.
Now, the Justice Ministry is refusing to comment at moment. Sharon in the past has been dogged by some bribery scandals and he's flatly refused calls to resign. I spoke to an Israeli legal expert a few minutes ago to find out how significant this was and he said that we probably shouldn't much put much on it until the attorney general makes a decision, according to Channel 2 that could come within a month -- Fredericka.
WHITFIELD: And Paula, what about Ariel Sharon, any comment from him?
HANCOCKS: No the prime minister's ministry not commenting at the moment, but in previous cases he has flatly rejected calls to resign and denied all charges. There were media reports a couple weeks ago that Sharon had business links with the family of Ellenon Tannenbaum (ph), this is a controversial Israeli figure. He was recently released in a prisoner exchange with the Lebonese group Hezbollah. He denied that, and he's denied other charges against him in the past as well.
Now, there's no actual law over here stating that a prime minister has to resign if indicted. But according to the Israeli legal expert I spoke to, they did say there was a legal precedent, ie, a few years ago a cabinet minister did resign when he was indicted over a similar charge. So, we'll have to wait. It will be a month or so until we hear from the attorney general whether or not they will accept this recommendation to indict Ariel Sharon, Fredericka.
WHITFIELD: All right. Paula Hancocks, thank you very much for that report.
Now on to more presidential matters in this country. President Bush puts a positive spin on his plans in recent rallies, but back in Washington the 9/11 hearings carries on sparking a negative debate over the Bush presidency -- over the Bush administration and its handling of the war on terrorism. Dana Bash is covering developments from Crawford, Texas near the Bush ranch where he is pending the weekend -- Dana.
BASH: Well, Fredericka, the issue is still whether or not Condeleezza Rice, the president's national security adviser, will testify publicly before that commission. The answer at the White House has been no and still is no, because they say it's a matter of executive privilege. That an aide to the president not confirmed by the Senate, a cabinet member like Secretary Powell or Rumsfeld, for example, should not have to testify under oath in public.
I know, earlier today on CNN a Republican member of the 9/11 commission said by the White House standing on legal principle they are shooting themselves in the foot politically.
(BEGIN VIDEO CLIP)
JOHN F. LEHMAN, (R) 9/11 COMMISSION MEMBER: I think the White House is making a political blunder, an important miscalculation of the political impact of this. Condeleezza Rice should testify before our commission. I understand, I believe they're on firm ground legally for withholding her, but they're making a big mistake. We spent four hours with her. She was very frank, very honest, very thorough.
(END VIDEO CLIP)
BASH: Now what John Lehman who worked for President Reagan was essentially saying is that it would do the White House justice politically, rebutt what Richard Clarke has said about the administration not being aggressive enough in preparing for any kind of attack. And preparing to fight back against terrorists leading up to September 11.
Now, the White House is getting some help from the Republican friends on Capitol Hill in their attempt to discredit Richard Clarke and his allegations. Senate majority leader bill frist went to the Senate floor yesterday and said that what he said to Congress in congressional testimony in 2002 while Clarke still worked for the White House is quite different from what he is saying in a book that he has out. That Frist says he is just trying to sell.
(BEGIN VIDEO CLIP)
SEN. BILL FRIST, (R-MD) SENATE MAJORITY LEADER: It is one thing for Mr. Clarke to dissemble in front of the media, in front of the press, but if he lied under oath to the United States Congress it's a far, far more serious matter.
(END VIDEO CLIP)
BASH: Now, what Frist and House Speaker Danny Hastert are trying to do is get the White House and others to agree to declassify that testimony in 2002 in order to show that he has given contradictory statements under oath about what the White House was doing in the days and months leading up to September 11.
Now, one last thing, the Democratic candidate for president, John Kerry, did after not talking about this all week, weighed in a little bit yesterday, saying essentially, the White House needs to put up or shut up if they are going to accuse Richard Clarke of making contradictory statements and they should charge him or at least go after him for purgery -- Fredericka.
WHITFIELD: All right. Dana Bash, from Crawford, Texas, thank you very much.
Well, Condeleezza Rice is set to appear on CBS's "60 Minutes" tomorrow night. She has been under fire from certain members of the commission for refusing to testify before them publicly and under oath. The White House decided executive priviledge in the decision. Rice already testified for more than four hours in private back in February.
The leading Democratic challenger is take the president to task on the issue of jobs. Senator John Kerry says he has a plan to create millions of jobs if he goes to the White House. He unveiled that strategy in Michigan. Kelly Wallace has details now.
(BEGIN VIDEOTAPE)
KELLY WALLACE, CNN NATIONAL CORRESPONDENT (voice-over): With Republicans portraying him as a tax raising threat to the economy, John Kerry heads to the battleground state of Michigan trying to define himself as a pro business Democrat proposing steps to keep jobs from being shipped overseas.
SEN. JOHN KERRY (D), PRESIDENTIAL CANDIDATE: Some may be surprised to hear a Democrat calling for lower corporate tax rates. The fact is I don't care about the old debates. I care about getting the job done and creating jobs here in the United States of America.
WALLACE: Kerry's goal creating ten million jobs in four years by cutting the corporate tax rate, providing credits for companies making new hires in the United States, and eliminating tax breaks that encourage American companies to outsource jobs.
The Bush-Cheney team calls it a "political gimmick" and says it won't stop businesses from sending jobs abroad. In an interview with CNN's Lou Dobbs, the presumptive Democratic nominee fires back at President Bush.
KERRY: His solution to everything is another big tax cut for the wealthiest people in the country at the expense of other choices here in our nation.
WALLACE: It is no coincidence that Kerry delivered the first of what aides say will be three major speeches on his economic plan in a state that has lost 130,000 manufacturing jobs during the Bush administration according to Michigan's governor.
KERRY: America cannot afford four more years of a president who is the first president to lose jobs since Herbert Hoover and the Great Depression.
BASH: During a western campaign swing, the president's planned message: the economy is improving. But this is a case where things did not go exactly according to script.
UNIDENTIFIED MALE: The most important issue for us is jobs. And...
(APPLAUSE)
And, Mr. President...
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The most important issue for me is jobs.
BASH: Still Mr. Bush tried to focus on the positive like a record 68 percent of Americans owning their own homes. He never mentioned Senator Kerry by name, but offered this not so subtle jab at a Democratic rival.
BUSH: It makes sense not to be taken money out of peoples pockets just as this economy is beginning to recover.
(on camera): The Kerry campaign called President Bush's optimistic message about the economy, quote, "out of touch." About the only thing that the two sides agree on is that what happens on the economy between now and November could play a decisive role in the presidential elections. Kelly Wallace, CNN, Washington.
(END VIDEOTAPE)
WHITFIELD: What are we to make of all the highly charged politicking? We get opinions from both sides of the partisan divide with the Democratic strategist and a former Bush administration official. That's coming up later in this newscast.
In Iraq, another weekend of violence. In the northern city of Mosul, two Iraqi civilians were killed during an attack on city hall. Five more people were wounded, including Iraqi police officers. The building came under attack by rockets and small arms fire from insurgents. In a second attack in Mosul today, police fought a shootout with an armed gang stealing $44,000 in money for government salaries.
In other stories making news around the world: after a massive public protest rally, the re-elected president of Taiwan says he won't stand in the way of a recount. The margin of victory in the election was 30,000 votes out of 13 million cast. The final day of campaigning was marred by a bizarre assassination attempt. Opositionist say was staged by the incumbent president to garner sympathy votes. You are looking at live pictures now of a number protesters enduring the rain trying to get their point across.
In Brazil, weather forecasters are downplaying the big storm that hit the country's southern coast. Forecasters in Miami called it a hurricane, something unprecedented in the South Atlantic. The Brazilians say it is something different and expect it to dissipate by tomorrow.
Finding help for a wayward whale. He is endangered and may be running out of time. We have the latest on the mammal caught in a web of trouble.
Also, the search is not over at Neverland. We have an update on the Michael Jackson case as the pop star gets ready for another possible court appearance.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: And they said he had to keep on working on this until he was able to achieve the appropriate size.
(END VIDEO CLIP)
WHITFIELD: And students seeking an unfair advantage? We will show you how steroids are extending to high school playing fields.
(COMMERCIAL BREAK)
WHITFIELD: Rescuers say they will try again to reach a rare whale tangled in fishing lines if the mammal moves closer to the North Atlantic coast. But they apparently abandoned their efforts when the whale tried to swim towards the open sea. Here is more now from CNN's Eric Phillips.
(BEGIN VIDEOTAPE)
ERIC PHILLIPS, CNN CORRESPONDENT (voice-over): The rescue team knew it would be a complicated and tedious process to untangle the North American right whale from fishing lines.
Choppy seas made attempts to free the whale, nicknamed Kingfisher, even more difficult.
UNIDENTIFIED MALE: You got it?
PHILLIPS: First crews had to sedate it. That process alone could have backfired, causing the 34-foot whale to become hyperactive. Scientists took blubber samples to assess Kingfisher's health.
They wanted to remove the fishing lines from the whale's body, but the water was too rough. Scientists say if that doesn't happen, the 1-year-old whale will die.
UNIDENTIFIED FEMALE: I can't stress enough that this is a very serious entanglement for this whale. It's a very dangerous situation. And so the team's going to do what they can do one step at a time.
PHILLIPS: Kingfisher first became entangled last week off the coast of Florida. The lines pinned its fins to its body. But the whale slowly made its way north to the North Carolina coast, where crews caught up with it Wednesday.
A satellite device attached to the whale during rescue efforts last week has helped scientists track the whale.
Although it's not uncommon for whales to become entangled this way, scientists are working hard to save Kingfisher because it's part of an endangered species. They estimate there are only around 300 North American right whales in existence.
UNIDENTIFIED FEMALE: One whale is a very significant part of such a small population.
PHILLIPS: A similar attempt to save another North American right whale in 2001 failed. Crewmembers say they'll do all they can to bring about success this time.
Eric Phillips, CNN.
(END VIDEOTAPE)
WHITFIELD: Barbs Zoodsma(ph), a marine biologist from the National Oceanic and Atmospheric Administration joins us on the telephone now from Florence, South Carolina with the latest, Barb, on this effort. This is a tough job, isn't it? Particularly because, this whale keeps going out to deeper water making it much more difficult for rescuers to get to him.
BARS ZOODSMA, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (via telephone): Yes. It's really tough. I'm finding out. I think, we're all finding that out. The animal keeps moving and that's unpredictable. We have to balance a number of variables that we have no control over, such as sea state, weather, and the animal's movement.
WHITFIELD: Is there any belief that this whale understands that people are trying to help it and perhaps it's going out in deeper waters because it's frightened?
ZOODSMA: No, there's no chance that that whale could even be thinking about people at this point in time.
WHITFIELD: Well, let's talk about the efforts, various efforts in which to try to save this whale. It seems as though, you know, traquallizing the whale would be an option. Is it? And if not, why not?
ZOODSMA: Our whole approach to trying to disentangle this whale is the least intrusive first. That's first cutting the lines away. That's better for the whale and us. So, that's what we're trying to do. And then there's a whole range of options, all the way up to sedating the whale and -- so that's on the table for consideration, definitely. But...
WHITFIELD: At what point would that decision be made? I understand that time is of the essence. It's pretty critical right now to try and offer some help, some successful measures of help to this whale.
ZOODSMA: Right. Yes. We are -- we are strategizing for our next time out. There are a few more tools that we can try. We will have the sedatives ready to go. The veterinarians are ready to go all at the same time.
Though I can't say for certainty what will happen next, we are trying to plan for multi-day trip out to catch up to that whale, first try the traditional cutting tools, a few more tools that we have in the box, and if that does not work, then immediately move in with a sedative.
WHITFIELD: All right. Barb Zoodsma, thank you very much from the National Oceanic and Atmospheric Administration for joining us on the telephone from Florence, South Carolina. I know everybody is pulling for Kingfisher.
Well, defense attorneys make their cause in a manslaughter trial of Jayson Williams. But will it be enough to acquit the former basketball star? We will examine the case in our legal round table.
And hefty prices at the pump are taking their toll on American drivers. We'll find out if there there is relief on the horizon.
(COMMERCIAL BREAK)
WHITFIELD: Time now for our legal roundtable. It's been a busy week in court. We are talking today about the Michael Jackson grand jury starting on Monday. With me now from Cleveland, Ohio is civil rights attorney Avery Freedman. And in New York, criminal defense attorney Richard Herman. Good to see you.
RICHARD HERMAN, DEFENSE ATTORNEY: Ready to go.
WHITFIELD: All right. So, we have 19 grand jurors that have been selected, and the case, the prosecution will make its case on Monday. How long, Avery, do we think it might take?
AVERY FREEDMAN, CIVIL RIGHTS ATTORNEY: It's going to take about a week, maybe a little bit more. But what is interesting about it, Fredericka, is that what Tom Sneddon could have done, the district attorney, is had a mini trial. That's how they do it in California. But he would have faced Geragos and Brafman, as well as the judge. So, he's decided to do it in secret with a grand jury. And this case is already bleeding to death with reasonable doubt. So, that's why we are looking at the grand jury.
WHITFIELD: So, Richard, why would he do it that way? The prosecutors have the advantage traditionally this way?
RICHARD HERMAN, DEFENSE ATTORNEY: A prosecutor could indict a ham sandwich. And basically, what is going to happen at this, no defense attorney is going be there, it's only going to be Sneddon. And he will probably bring the victim in, because in California, they do not allow hear say evidence to come in. So, the victims, plural, will come in and testify, without cross examination. Sneddon's career is riding on this. And he didn't want a fiasco of people jumping on top of cars and dancing and a party atmosphere. He doesn't want that.
WHITFIELD: So, Avery, the alleged victim could be there as well as defendant, Michael Jackson, could appear, right?
FREDEMAN: I don't think we will see that. I think what we're going to see is the victim along with some supportive witnesses. And as I say, that will take about a week. Then at that point, Sneddon has his indictment, you go forward with that.
WHITFIELD: OK. Let's talk about the Tyco case now, Avery. This is pretty astounding considering some of the jurors coming back into the courtroom and reporters have reported that they have seen one of the jurors giving the defense team, Dennis Kozlowski, an OK sign.
FREEDMAN: An OK sign, right.
HERMAN: What's wrong with that?
FREEDMAN: Listen, this is New York jury. You take a combative guy like Richard, multiply it times 12. That's the picture here. You have five months of trial. These guys have been figing over this thing. Whatever. The judge is doing a good job in trying to get the jury to come up with a deliberation. My prediction, next Monday, it's going to be a mistrial.
WHITFIELD: Oh, boy.
HERMAN: You know, Fredericka, this happens all the time. And with a wink or a nod. Only it happens to the prosecution. And nobody raises a stink about that. The fact of the matter is, is this woman, who is an educated woman, a teacher, an attorney, a law graduate, she is maintaining her position and she will hold on to this position. And Avery, I will have to agree with you. This will be a mistrial on Monday.
WHITFIELD: Wow. All because of potentially one person, the other 11 jurors all have come into agreement.
FREEDMAN: Awful. Terrible.
WHITFIELD: All right. The Jayson Williams case. The defense tried to show that the gun probably had the propensity of misfiring. Richard, did they make a good case?
HERMAN: Well, it's a nice segue, because I have been telling you every week, this is what Jayson Williams needs, he needs one juror to hold out for him. Because, again, the prosecution case was overwhelming.
Now this gun expert who testified -- you know each side put together an expert to put forth their points and their view. There has to be a level of objectivity to the testimony. When the gun expert uses words like immoral or unethical in his examination, it destroys his crediblity. And even Dr. Michael Baden, the pathologist, his crediblility was shaken a little bit, and he's impeccable. These experts have to have a level of credibility. And if they lose that, which I believe both of these experts have been deficient in thier testimony.
WHITFIELD: Avery, how do you see it?
FREEDMAN: Well, you know, Richard has already convicted Jayson Williams. I buy into the old concept that maybe you want to hear all the evidence first before you convict him. There's some correctness, I aggree, there are some problems with these expert testimonies. I think the big problem is that Billy Martin, the defense lawyer, promised that we would hear from Jayson Williams. The jury already knows he gave a Barbara Walters interview. And you know what, once he takes the stand, if he does, a testimonial catastrophe. That's coming up this week.
WHITFIELD: Wow. Avery Freedman, Richard Herman, always great to see you guys.
Thank you very much.
HERMAN: Thank you so much.
WHITFIELD: Breaking the sound barrier and then some. Nasa takes another bold step towards the great beyond. Details straight ahead.
And John Kerry unveils a surprising new plan to reform corporate taxes. How the proposal might effect his bid forever the White House.
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Aired March 27, 2004 - 14:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DANA BASH, CNN WHITE HOUSE CORRESPONDENT; I'm Dana Bash in Crawford, Texas with the president. But back in Washington, the controversy continues over his national security adviser's refusal to testify publicly before the 9/11 commission.
FREDERICKA WHITFIELD, CNN ANCHOR; Also prices at the pump are soaring to record highs. Get ready to dig deeper at the gas station.
And we'll examine a disturbing trend among high some school athletes. We have the story of students who experimented with steroids with tragic results.
It is 2:00 p.m. on the East Coast, 11:00 a.m. out west. Good afternoon, I'm Fredericka Whitfield at the CNN global headquarters in Atlanta. Those stories in a moment, but first a look at the headlines.
At least two dozen people are wounded in a motorcycle bomb attack outside a hotel in southern Thailand. It occurred in mostly Muslim southern Thailand near the Malaysian. The area has been under martial law since January since a guerrilla raid at an army camp.
France has released three suspects who were being held in connection with a bomb found on some train tracks near Paris. Sources say an extortionist demanded $4 millions from the government to stop future train attacks. European police are on high alert following the bombings that killed 190 people in Madrid.
A National Guard soldier being held in Georgia faces court- martial after refusing to return to Iraq for duty. He is being charged with desertion after a five-month absence. The soldier Comehlo Mahia (ph) of Miami, Florida, says he believes the war in Iraq is immoral.
The campaign swing in full gear with both President Bush and his Democratic challenger crossing the country pushing their economic agendas.
We'll get to that in a moment, but first some breaking news out of the Middle East. Potential trouble for Israeli prime minister Ariel Sharon. An Israeli television station is reporting prosecutors decided to recommend that Sharon be indicted over a bribery scandal. Reporter Paula Hancocks has been following the story. She joins us live now on the phone with more -- Paula. PAULA HANCOCKS, CNN INTERNATIONAL CORRESPODENT (via telephone): Hello, Fredericka. That's right, Channel 2, the Israeli television station here, just announced that prosecuters in this bribery scandal have decided that they would recommend indicting Sharon. Now, it could be up to a month or so before the attorney general actually comes to a decision whether or not to accept this recommendation to indict Sharon. But they did decide there was sufficient grounds to charge Sharon with bribery.
Now, the basic story is an Israeli businessman, David Apple was indicted back in January. And he was accused of bribing Sharon. The allegations say that Apple paid about $690,000 in bribes to Sharon whilst he was foreign minister in the late 1990s. Now, those bribes also went to Sharon's deputy prime minister, and also his son Gilard (ph).
It was thought to be to get aid to develop a Greek real estate project. The story was an allegation that Apple wanted Sharon and Almet (ph) to help him get hold of some real estate in -- on the Greek island which he was having trouble with, and in return he would allegedly receive help with their political campaigns.
Now, the Justice Ministry is refusing to comment at moment. Sharon in the past has been dogged by some bribery scandals and he's flatly refused calls to resign. I spoke to an Israeli legal expert a few minutes ago to find out how significant this was and he said that we probably shouldn't much put much on it until the attorney general makes a decision, according to Channel 2 that could come within a month -- Fredericka.
WHITFIELD: And Paula, what about Ariel Sharon, any comment from him?
HANCOCKS: No the prime minister's ministry not commenting at the moment, but in previous cases he has flatly rejected calls to resign and denied all charges. There were media reports a couple weeks ago that Sharon had business links with the family of Ellenon Tannenbaum (ph), this is a controversial Israeli figure. He was recently released in a prisoner exchange with the Lebonese group Hezbollah. He denied that, and he's denied other charges against him in the past as well.
Now, there's no actual law over here stating that a prime minister has to resign if indicted. But according to the Israeli legal expert I spoke to, they did say there was a legal precedent, ie, a few years ago a cabinet minister did resign when he was indicted over a similar charge. So, we'll have to wait. It will be a month or so until we hear from the attorney general whether or not they will accept this recommendation to indict Ariel Sharon, Fredericka.
WHITFIELD: All right. Paula Hancocks, thank you very much for that report.
Now on to more presidential matters in this country. President Bush puts a positive spin on his plans in recent rallies, but back in Washington the 9/11 hearings carries on sparking a negative debate over the Bush presidency -- over the Bush administration and its handling of the war on terrorism. Dana Bash is covering developments from Crawford, Texas near the Bush ranch where he is pending the weekend -- Dana.
BASH: Well, Fredericka, the issue is still whether or not Condeleezza Rice, the president's national security adviser, will testify publicly before that commission. The answer at the White House has been no and still is no, because they say it's a matter of executive privilege. That an aide to the president not confirmed by the Senate, a cabinet member like Secretary Powell or Rumsfeld, for example, should not have to testify under oath in public.
I know, earlier today on CNN a Republican member of the 9/11 commission said by the White House standing on legal principle they are shooting themselves in the foot politically.
(BEGIN VIDEO CLIP)
JOHN F. LEHMAN, (R) 9/11 COMMISSION MEMBER: I think the White House is making a political blunder, an important miscalculation of the political impact of this. Condeleezza Rice should testify before our commission. I understand, I believe they're on firm ground legally for withholding her, but they're making a big mistake. We spent four hours with her. She was very frank, very honest, very thorough.
(END VIDEO CLIP)
BASH: Now what John Lehman who worked for President Reagan was essentially saying is that it would do the White House justice politically, rebutt what Richard Clarke has said about the administration not being aggressive enough in preparing for any kind of attack. And preparing to fight back against terrorists leading up to September 11.
Now, the White House is getting some help from the Republican friends on Capitol Hill in their attempt to discredit Richard Clarke and his allegations. Senate majority leader bill frist went to the Senate floor yesterday and said that what he said to Congress in congressional testimony in 2002 while Clarke still worked for the White House is quite different from what he is saying in a book that he has out. That Frist says he is just trying to sell.
(BEGIN VIDEO CLIP)
SEN. BILL FRIST, (R-MD) SENATE MAJORITY LEADER: It is one thing for Mr. Clarke to dissemble in front of the media, in front of the press, but if he lied under oath to the United States Congress it's a far, far more serious matter.
(END VIDEO CLIP)
BASH: Now, what Frist and House Speaker Danny Hastert are trying to do is get the White House and others to agree to declassify that testimony in 2002 in order to show that he has given contradictory statements under oath about what the White House was doing in the days and months leading up to September 11.
Now, one last thing, the Democratic candidate for president, John Kerry, did after not talking about this all week, weighed in a little bit yesterday, saying essentially, the White House needs to put up or shut up if they are going to accuse Richard Clarke of making contradictory statements and they should charge him or at least go after him for purgery -- Fredericka.
WHITFIELD: All right. Dana Bash, from Crawford, Texas, thank you very much.
Well, Condeleezza Rice is set to appear on CBS's "60 Minutes" tomorrow night. She has been under fire from certain members of the commission for refusing to testify before them publicly and under oath. The White House decided executive priviledge in the decision. Rice already testified for more than four hours in private back in February.
The leading Democratic challenger is take the president to task on the issue of jobs. Senator John Kerry says he has a plan to create millions of jobs if he goes to the White House. He unveiled that strategy in Michigan. Kelly Wallace has details now.
(BEGIN VIDEOTAPE)
KELLY WALLACE, CNN NATIONAL CORRESPONDENT (voice-over): With Republicans portraying him as a tax raising threat to the economy, John Kerry heads to the battleground state of Michigan trying to define himself as a pro business Democrat proposing steps to keep jobs from being shipped overseas.
SEN. JOHN KERRY (D), PRESIDENTIAL CANDIDATE: Some may be surprised to hear a Democrat calling for lower corporate tax rates. The fact is I don't care about the old debates. I care about getting the job done and creating jobs here in the United States of America.
WALLACE: Kerry's goal creating ten million jobs in four years by cutting the corporate tax rate, providing credits for companies making new hires in the United States, and eliminating tax breaks that encourage American companies to outsource jobs.
The Bush-Cheney team calls it a "political gimmick" and says it won't stop businesses from sending jobs abroad. In an interview with CNN's Lou Dobbs, the presumptive Democratic nominee fires back at President Bush.
KERRY: His solution to everything is another big tax cut for the wealthiest people in the country at the expense of other choices here in our nation.
WALLACE: It is no coincidence that Kerry delivered the first of what aides say will be three major speeches on his economic plan in a state that has lost 130,000 manufacturing jobs during the Bush administration according to Michigan's governor.
KERRY: America cannot afford four more years of a president who is the first president to lose jobs since Herbert Hoover and the Great Depression.
BASH: During a western campaign swing, the president's planned message: the economy is improving. But this is a case where things did not go exactly according to script.
UNIDENTIFIED MALE: The most important issue for us is jobs. And...
(APPLAUSE)
And, Mr. President...
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The most important issue for me is jobs.
BASH: Still Mr. Bush tried to focus on the positive like a record 68 percent of Americans owning their own homes. He never mentioned Senator Kerry by name, but offered this not so subtle jab at a Democratic rival.
BUSH: It makes sense not to be taken money out of peoples pockets just as this economy is beginning to recover.
(on camera): The Kerry campaign called President Bush's optimistic message about the economy, quote, "out of touch." About the only thing that the two sides agree on is that what happens on the economy between now and November could play a decisive role in the presidential elections. Kelly Wallace, CNN, Washington.
(END VIDEOTAPE)
WHITFIELD: What are we to make of all the highly charged politicking? We get opinions from both sides of the partisan divide with the Democratic strategist and a former Bush administration official. That's coming up later in this newscast.
In Iraq, another weekend of violence. In the northern city of Mosul, two Iraqi civilians were killed during an attack on city hall. Five more people were wounded, including Iraqi police officers. The building came under attack by rockets and small arms fire from insurgents. In a second attack in Mosul today, police fought a shootout with an armed gang stealing $44,000 in money for government salaries.
In other stories making news around the world: after a massive public protest rally, the re-elected president of Taiwan says he won't stand in the way of a recount. The margin of victory in the election was 30,000 votes out of 13 million cast. The final day of campaigning was marred by a bizarre assassination attempt. Opositionist say was staged by the incumbent president to garner sympathy votes. You are looking at live pictures now of a number protesters enduring the rain trying to get their point across.
In Brazil, weather forecasters are downplaying the big storm that hit the country's southern coast. Forecasters in Miami called it a hurricane, something unprecedented in the South Atlantic. The Brazilians say it is something different and expect it to dissipate by tomorrow.
Finding help for a wayward whale. He is endangered and may be running out of time. We have the latest on the mammal caught in a web of trouble.
Also, the search is not over at Neverland. We have an update on the Michael Jackson case as the pop star gets ready for another possible court appearance.
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UNIDENTIFIED MALE: And they said he had to keep on working on this until he was able to achieve the appropriate size.
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WHITFIELD: And students seeking an unfair advantage? We will show you how steroids are extending to high school playing fields.
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WHITFIELD: Rescuers say they will try again to reach a rare whale tangled in fishing lines if the mammal moves closer to the North Atlantic coast. But they apparently abandoned their efforts when the whale tried to swim towards the open sea. Here is more now from CNN's Eric Phillips.
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ERIC PHILLIPS, CNN CORRESPONDENT (voice-over): The rescue team knew it would be a complicated and tedious process to untangle the North American right whale from fishing lines.
Choppy seas made attempts to free the whale, nicknamed Kingfisher, even more difficult.
UNIDENTIFIED MALE: You got it?
PHILLIPS: First crews had to sedate it. That process alone could have backfired, causing the 34-foot whale to become hyperactive. Scientists took blubber samples to assess Kingfisher's health.
They wanted to remove the fishing lines from the whale's body, but the water was too rough. Scientists say if that doesn't happen, the 1-year-old whale will die.
UNIDENTIFIED FEMALE: I can't stress enough that this is a very serious entanglement for this whale. It's a very dangerous situation. And so the team's going to do what they can do one step at a time.
PHILLIPS: Kingfisher first became entangled last week off the coast of Florida. The lines pinned its fins to its body. But the whale slowly made its way north to the North Carolina coast, where crews caught up with it Wednesday.
A satellite device attached to the whale during rescue efforts last week has helped scientists track the whale.
Although it's not uncommon for whales to become entangled this way, scientists are working hard to save Kingfisher because it's part of an endangered species. They estimate there are only around 300 North American right whales in existence.
UNIDENTIFIED FEMALE: One whale is a very significant part of such a small population.
PHILLIPS: A similar attempt to save another North American right whale in 2001 failed. Crewmembers say they'll do all they can to bring about success this time.
Eric Phillips, CNN.
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WHITFIELD: Barbs Zoodsma(ph), a marine biologist from the National Oceanic and Atmospheric Administration joins us on the telephone now from Florence, South Carolina with the latest, Barb, on this effort. This is a tough job, isn't it? Particularly because, this whale keeps going out to deeper water making it much more difficult for rescuers to get to him.
BARS ZOODSMA, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (via telephone): Yes. It's really tough. I'm finding out. I think, we're all finding that out. The animal keeps moving and that's unpredictable. We have to balance a number of variables that we have no control over, such as sea state, weather, and the animal's movement.
WHITFIELD: Is there any belief that this whale understands that people are trying to help it and perhaps it's going out in deeper waters because it's frightened?
ZOODSMA: No, there's no chance that that whale could even be thinking about people at this point in time.
WHITFIELD: Well, let's talk about the efforts, various efforts in which to try to save this whale. It seems as though, you know, traquallizing the whale would be an option. Is it? And if not, why not?
ZOODSMA: Our whole approach to trying to disentangle this whale is the least intrusive first. That's first cutting the lines away. That's better for the whale and us. So, that's what we're trying to do. And then there's a whole range of options, all the way up to sedating the whale and -- so that's on the table for consideration, definitely. But...
WHITFIELD: At what point would that decision be made? I understand that time is of the essence. It's pretty critical right now to try and offer some help, some successful measures of help to this whale.
ZOODSMA: Right. Yes. We are -- we are strategizing for our next time out. There are a few more tools that we can try. We will have the sedatives ready to go. The veterinarians are ready to go all at the same time.
Though I can't say for certainty what will happen next, we are trying to plan for multi-day trip out to catch up to that whale, first try the traditional cutting tools, a few more tools that we have in the box, and if that does not work, then immediately move in with a sedative.
WHITFIELD: All right. Barb Zoodsma, thank you very much from the National Oceanic and Atmospheric Administration for joining us on the telephone from Florence, South Carolina. I know everybody is pulling for Kingfisher.
Well, defense attorneys make their cause in a manslaughter trial of Jayson Williams. But will it be enough to acquit the former basketball star? We will examine the case in our legal round table.
And hefty prices at the pump are taking their toll on American drivers. We'll find out if there there is relief on the horizon.
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WHITFIELD: Time now for our legal roundtable. It's been a busy week in court. We are talking today about the Michael Jackson grand jury starting on Monday. With me now from Cleveland, Ohio is civil rights attorney Avery Freedman. And in New York, criminal defense attorney Richard Herman. Good to see you.
RICHARD HERMAN, DEFENSE ATTORNEY: Ready to go.
WHITFIELD: All right. So, we have 19 grand jurors that have been selected, and the case, the prosecution will make its case on Monday. How long, Avery, do we think it might take?
AVERY FREEDMAN, CIVIL RIGHTS ATTORNEY: It's going to take about a week, maybe a little bit more. But what is interesting about it, Fredericka, is that what Tom Sneddon could have done, the district attorney, is had a mini trial. That's how they do it in California. But he would have faced Geragos and Brafman, as well as the judge. So, he's decided to do it in secret with a grand jury. And this case is already bleeding to death with reasonable doubt. So, that's why we are looking at the grand jury.
WHITFIELD: So, Richard, why would he do it that way? The prosecutors have the advantage traditionally this way?
RICHARD HERMAN, DEFENSE ATTORNEY: A prosecutor could indict a ham sandwich. And basically, what is going to happen at this, no defense attorney is going be there, it's only going to be Sneddon. And he will probably bring the victim in, because in California, they do not allow hear say evidence to come in. So, the victims, plural, will come in and testify, without cross examination. Sneddon's career is riding on this. And he didn't want a fiasco of people jumping on top of cars and dancing and a party atmosphere. He doesn't want that.
WHITFIELD: So, Avery, the alleged victim could be there as well as defendant, Michael Jackson, could appear, right?
FREDEMAN: I don't think we will see that. I think what we're going to see is the victim along with some supportive witnesses. And as I say, that will take about a week. Then at that point, Sneddon has his indictment, you go forward with that.
WHITFIELD: OK. Let's talk about the Tyco case now, Avery. This is pretty astounding considering some of the jurors coming back into the courtroom and reporters have reported that they have seen one of the jurors giving the defense team, Dennis Kozlowski, an OK sign.
FREEDMAN: An OK sign, right.
HERMAN: What's wrong with that?
FREEDMAN: Listen, this is New York jury. You take a combative guy like Richard, multiply it times 12. That's the picture here. You have five months of trial. These guys have been figing over this thing. Whatever. The judge is doing a good job in trying to get the jury to come up with a deliberation. My prediction, next Monday, it's going to be a mistrial.
WHITFIELD: Oh, boy.
HERMAN: You know, Fredericka, this happens all the time. And with a wink or a nod. Only it happens to the prosecution. And nobody raises a stink about that. The fact of the matter is, is this woman, who is an educated woman, a teacher, an attorney, a law graduate, she is maintaining her position and she will hold on to this position. And Avery, I will have to agree with you. This will be a mistrial on Monday.
WHITFIELD: Wow. All because of potentially one person, the other 11 jurors all have come into agreement.
FREEDMAN: Awful. Terrible.
WHITFIELD: All right. The Jayson Williams case. The defense tried to show that the gun probably had the propensity of misfiring. Richard, did they make a good case?
HERMAN: Well, it's a nice segue, because I have been telling you every week, this is what Jayson Williams needs, he needs one juror to hold out for him. Because, again, the prosecution case was overwhelming.
Now this gun expert who testified -- you know each side put together an expert to put forth their points and their view. There has to be a level of objectivity to the testimony. When the gun expert uses words like immoral or unethical in his examination, it destroys his crediblity. And even Dr. Michael Baden, the pathologist, his crediblility was shaken a little bit, and he's impeccable. These experts have to have a level of credibility. And if they lose that, which I believe both of these experts have been deficient in thier testimony.
WHITFIELD: Avery, how do you see it?
FREEDMAN: Well, you know, Richard has already convicted Jayson Williams. I buy into the old concept that maybe you want to hear all the evidence first before you convict him. There's some correctness, I aggree, there are some problems with these expert testimonies. I think the big problem is that Billy Martin, the defense lawyer, promised that we would hear from Jayson Williams. The jury already knows he gave a Barbara Walters interview. And you know what, once he takes the stand, if he does, a testimonial catastrophe. That's coming up this week.
WHITFIELD: Wow. Avery Freedman, Richard Herman, always great to see you guys.
Thank you very much.
HERMAN: Thank you so much.
WHITFIELD: Breaking the sound barrier and then some. Nasa takes another bold step towards the great beyond. Details straight ahead.
And John Kerry unveils a surprising new plan to reform corporate taxes. How the proposal might effect his bid forever the White House.
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