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CNN Live Saturday

President Pays Call to Pakistan; Duke Cunningham: From Daring Pilot to Shamed Congressman; French Agriculture Hit Hard by Bird Flu Scare; Bird Flu Expert: Eating Chicken Not Dangerous; Anna Nicole Smith Takes Her Case to the Supreme Court

Aired March 04, 2006 - 14:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

FREDRICKA WHITFIELD, HOST: Our top stories right now. President Bush heads home after his visit to Pakistan. Before leaving Islamabad, Mr. Bush held talks with Pakistani President Pervez Musharraf. Mr. Bush is scheduled to arrive home early tomorrow morning. A full report straight ahead.
In Iraq, a wave of violence goes on. Attacks today killed at least a dozen people. The deadliest: a mortar attack on a market in a Baghdad suburb claiming seven lives. Details coming up.

With Iraq still gripped by sectarian violence, the top U.S. military leader calls on Iraqi leaders to form a national unity government. General John Abizaid, head of the U.S. Central Command in the Middle East, made his comments in Baghdad after meeting with Iraq's president and prime minister.

The Pentagon releases the names of some of the detainees at Guantanamo Bay. The release follows a victory by the Associated Press in a Freedom of Information Act lawsuit. The Bush administration fought the release of names.

Hello and welcome to CNN LIVE SATURDAY. I'm Fredricka Whitfield. Ahead this hour, bird flu. You've been hearing a lot about it lately, but how can you catch it? And how much of a threat does the virus pose to the United States?

And Oscar time tomorrow night. The stars will shine. And we'll go live to the red carpet for a preview.

But first, more of our top story.

Many Americans face hardship from floods and wildfires this weekend. On the Hawaiian island of Oahu, torrential rain sent floodwaters across roads and into homes and into schools. Parts of the Pacific Northwest are also waterlogged. Forecasters predict more rain for that area.

And in the tinder-dry Southern Plains, wildfires have scorched nearly a 500,000 acres in Oklahoma since November.

Let's check in with Monica McNeal in the weather center. And what is going on?

(WEATHER REPORT) WHITFIELD: All right. Thanks a lot, Monica.

President Bush heads home this hour after a brief visit to Pakistan. CNN's Suzanne Malveaux reports the visit took place amid extremely tight security and violent protests.

(BEGIN VIDEOTAPE)

SUZANNE MALVEAUX, CNN CORRESPONDENT (voice-over): An elaborate welcome for President Bush marking his historic visit to Pakistan, set in a barricaded government compound in the so-called Red Zone.

Islamabad was on lockdown, the streets killed for miles. A massive government roundup of opposition leaders in the days before Mr. Bush's visit kept the protests light.

Mr. Bush was here to praise President Pervez Musharraf for being a strong ally in the war on terror, but also to prod him to do more.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Best way to defeat al Qaeda is to find -- is to share good intelligence to locate him and then to be prepared to bring them to justice.

MALVEAUX: Both sides have been frustrated with their alliance against terror.

Two days before Mr. Bush's visit a suicide bomber killed a U.S. diplomat and three others outside the U.S. consulate in Karachi. Early January, a U.S. air strike targeting an al Qaeda leader along Pakistan's border killed at least a dozen Pakistani villagers instead.

And five years after the September 11 attacks, U.S. and Pakistani intelligence have failed to find Osama bin Laden, believed to be hiding in Pakistan's rugged mountains.

Mr. Bush has been pushing Musharraf to embrace Democratic reforms to counter the appeal of al Qaeda. Musharraf, who seized power in a bloodless coup seven years ago, and refuses to give up his military post, has struggled to make Pakistan more moderate.

PERVEZ MUSHARRAF, PRESIDENT OF PAKISTAN: We have introduced the essence of democracy now in Pakistan.

MALVEAUX: But Musharraf's reforms aren't enough to entitle it to the kind of nuclear energy deal Mr. Bush just offered India, because it has a record of spreading dangerous nuclear technology.

BUSH: I explained that Pakistan and India are different countries with different needs and different histories.

MALVEAUX: Later in the day, the president's trip took on a lighter note as he tried his hand at Pakistan's national pastime, cricket. He then joined Pakistan's first couple for dinner and entertainment.

(on camera) This is just the beginning of the work ahead for Mr. Bush to improve the U.S. image and relations in south Asia. Now the president heads back home to Washington to focus on equally pressing domestic issues.

Suzanne Malveaux, CNN, Islamabad, Pakistan.

(END VIDEOTAPE)

WHITFIELD: The president also discussed the cartoon controversy with President Musharraf. The recent drawings of Prophet Mohammed sparked violent protests throughout the Muslim world. President Musharraf says President Bush showed concern over the issue.

Rush hour tragedy in Iraq. A mortar attack on a market near Baghdad killed at least seven people and wounded another 15. Three mini buses caught fire and nearby market stands were damaged. Violence elsewhere in Iraq claimed five other lives.

A blunt message from a top U.S. general to Iraq: form a government of national unity to bring the country together. General John Abizaid made the call in meetings with Iraqi leaders. It follows a spate of sectarian killings that left hundreds of people dead in the past 10 days. Abizaid is chief of U.S. Central Command.

On the hunt: the search for two fugitives heats up after a possible sighting in Mexico. Officials now look to the public to break the case wide open.

Plus, he did the crime, now Duke Cunningham will do the time. The rise and fall of the former congressman straight ahead.

And one man wants to start an all-Catholic town, but is it legal? That and more in this hour of CNN LIVE SATURDAY.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: Designer Natalie Chanin is stitching her way to success. Chanin and her business partner started Project Alabama in 2000. And what began as a T-shirt company quickly evolved into a full-fledged collection.

Sold at more than 50 stores worldwide, all the garments are hand stitched in a small brick ranch home by local women, using mostly natural fabrics. The women, called stitchers, can spend up to 100 hours on just one piece, using techniques like embroidery and quilting.

NATALIE CHANIN, FASHION DESIGNER: I believe that really any kind of business is creative. It doesn't matter what you do. You can always bring a creative touch to what you're doing, when you're working in a supermarket or in film and television. Creativity is something that you have to have to move things forward.

UNIDENTIFIED FEMALE: As Chanin's family continues to grow, so does Project Alabama. Future plans include an online store and custom-made jewelry.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

WHITFIELD: U.S. authorities believe they have a lead in the search of fugitive Byron Perkins and his girlfriend, Lee Ann Howard. Perkins disappeared a month ago after duping Kentucky prison authorities into releasing him for medical tests. He had promised to donate a kidney to his ailing son, but he skipped out.

A Washington state couple tells CNN they spent time with Perkins and Howard earlier this week while vacationing in Mexico and recognized Perkins from a story on CNN.

(BEGIN VIDEO CLIP)

LYNN, SAW PERKINS & HOWARD: They're going by the name of Eric and Leah (ph). And the story when we met them last Friday evening was that they had just arrived in Puerto Vallarta by airplane, and Mr. Perkins had either lost his wallet or he thought perhaps somebody had taken it. He said that it was the first time they had vacationed out of the country. He had $2,000 in his wallet, along with birth certificates and I.D.s for both of them.

(END VIDEO CLIP)

WHITFIELD: Now in the meantime, Perkins' son Destin is awaiting a kidney transplant. His mother says Perkins' actions don't say much about his feelings for his son.

And now a look at other stories making news across America.

Authorities say teenagers set fire to a church that burned to the ground near Queens Creek, Arizona. The congregation had been building for its future by restoring a century old wooden church.

A factory used to make wooden pellets went up in flames in Pompano Beach, Florida. Fire officials say the pellets contributed to the intensity of the fire. There are no reports of injuries.

And a former University of North Carolina student stands accused in the hit and run rampage in an area of Chapel Hill -- of the Chapel Hill campus known as the Pit. Authorities report six people were taken to area hospitals.

And police say the Iranian native drove his SUV through a popular spot, allegedly to avenge America's mistreatment of Muslims. Campus police intend to charge him with attempted murder and assault with a deadly weapon.

The Bush administration catches more criticism from Democrats over the ports management deal involving a Dubai-based company. In their weekly radio address, Democrats called for an immediate congressional vote on the ports deal.

(BEGIN AUDIO CLIP) FRANCINE BUSBY (D), CALIFORNIA CONGRESSIONAL CANDIDATE: I was outranged to learn that the president wanted to outsource operations at some American ports to the United Arab Emirates. And like many of you, though I was outraged, I unfortunately was not surprised. This secret deal didn't contain many of the provisions commonly found in other port deals. That may be typical for business as usual in Washington, but it is not in the best interests of our national security.

(END AUDIO CLIP)

WHITFIELD: The Democrat who delivered the address is Francine Busby, the party's candidate to replace former Republican Congressman, Randy "Duke" Cunningham of California.

Cunningham is now serving a federal prison term for bribery. The San Diego Republican was sentenced yesterday to eight years and four months for taking bribes from at least three defense contractors.

CNN's chief national correspondent, John King, takes a closer look at Cunningham's career and his fall from power.

(BEGIN VIDEOTAPE)

JOHN KING, CNN CORRESPONDENT (voice-over): Randy Cunningham and high risk have been partners a long time.

UNIDENTIFIED MALE: His name is Randy "Duke" Cunningham, and he is a legend of air power.

KING: The Vietnam ace whose daring exploits were an inspiration for Maverick in Hollywood's "Top Gun."

VAL KILMER, ACTOR: I don't like you because you're dangerous.

TOM CRUISE, ACTOR: That's right, Iceman. I am dangerous.

KING: And from famous war hero, Cunningham parachuted into a seemingly less risky business: politics.

RANDY "DUKE" CUNNINGHAM (R), FORMER CALIFORNIA REPRESENTATIVE: Duke Cunningham, running for U.S. Congress.

UNIDENTIFIED FEMALE: Duke Cunningham will be a congressman we can be proud of.

KING: Now 16 years after that first campaign, San Diego Congressman Duke Cunningham's exploits are once again the stuff of Hollywood.

CUNNINGHAM: I broke the law, concealed my conduct and disgraced my office.

KING: His corruption is stunning in its scope and in its sheer audacity: $2.4 million in bribes, at least. Private jets for resort getaways. A California mansion. A Rolls Royce. A lifestyle well beyond his means and a thirst for more.

That appetite, longtime friends like Charles Nesby say, perhaps were some of the traits that made Duke Cunningham a successful ace. Cockiness.

CAPT. CHARLES NESBY, CUNNINGHAM FRIEND: That's the nature of the beast in all of us that are fighter pilots. You're naturally aggressive.

KING: Naked avarice is what prosecutors call it.

And look at this. Cunningham actually scribbled this bribe menu on his congressional notepad. Want a $16 million contract? The cost is a boat, "BT" for short, worth $140,000. Add in another $50,000 for each additional million dollars in contracts.

NORMAN ORNSTEIN, AMERICAN ENTERPRISE INSTITUTE: What Cunningham did is breathtaking.

KING: Norman Ornstein has been studying Congress for 30 years and says there has been nothing like this before.

ORNSTEIN: This is somebody who set out to live a lavish lifestyle by making sure he could shake down contractors, lobbyists and interest groups.

KING: Thousands of dollars in meals, at the Capital Grille and other pricey Washington restaurants, Cunningham's tab picked up by defense contractors.

Private jets, again, paid for by contractors, to whisk the congressman around the country.

Then trendy Delano Hotel on Miami's South Beach was one destination two years ago: $1,254 for the room, $848 for Cunningham's meals at the hotel. Nearly $13,000 for the chartered jet.

Cunningham grew to expect luxury, the prosecution memo says. His co-conspirators eagerly plied him with it.

He was, after all, on the House Appropriations Committee, a leading voice on its defense subcommittee, able to enter multimillion dollar favors into the Pentagon and other budgets.

His Navy days gave him standing on military matters, and stories via the big screen.

CUNNINGHAM: I met my wife by singing, "You Lost That Loving Feeling" to her at the Miramar officer's club.

KING (on camera): Perhaps they should have raised questions, some friends say, when a congressman with a $165,000 a year salary bought a penthouse condominium here just outside Washington, in addition to the pricey home he owned in southern California.

(voice-over) The condo came courtesy of a defense contractors' $200,000 down payment. Inside, tens of thousands of dollars worth of antiques the congressman demanded in exchange for favors, all now in a warehouse awaiting government auction.

This is the boat from the bribe menu, The Duke-Stir, a flashy exhibit of Cunningham's lifestyle. Real estate records like these, the more mundane evidence that would begin his fall from grace.

November, 2003, Cunningham sold his home in Del Mar to a defense contractor for nearly $1.7 million. The contractor lost $700,000 when he resold it. That caught the eye of a Copley News Service reporter, and then that caught the eye of the feds. What they found is eye popping.

NESBY: It's the power, and then some people handle the power correctly. Other people, the power can be misused. Duke lost his moral compass.

KING: Nesby is one of 40 Cunningham friends and family members who wrote the judge, appealing for leniency. In his letter, Nesby recalled the white naval officer who took a risk, standing up for a young black pilot.

NESBY: It was not popular for him to do that, but I appreciated it. What he did, he leveled the playing field and allowed me to compete and gave me what I deserved. And I'll always love him for that.

KING: In his note to the judge, Cunningham wrote, "It all started very slowly and innocently," that he's sorry, worried about dying in prison. But "I will accept your sentence without complaint."

UNIDENTIFIED MALE: Randy "Duke" Cunningham will be remembered as an educator, a legislator, but most of all, as a legend of air power.

KING: A career that is the stuff of Hollywood. Then...

CUNNINGHAM: In my life I have had great joy and great sorrow. And now I have great shame.

KING: ... and now.

John king, CNN, Washington.

(END VIDEOTAPE)

WHITFIELD: Bird flu, you've seen and heard all about it, but how easy is it to get the virus? A bird flu reality check, up next.

And Anna Nicole Smith goes to Washington. Why would the Supreme Court want to hear her case? Our legal eagles explain.

(COMMERCIAL BREAK)

WHITFIELD: France blames the spread of bird flu for costing its poultry industry a loss of $48 million a month. It comes as a result of other countries' actions, as well, and locals being leery of buying chicken.

CNN's Jim Bittermann reports.

(BEGIN VIDEOTAPE)

JIM BITTERMANN, CNN CORRESPONDENT (voice-over): The French like to call it the biggest farm in the country. And there's no doubt that, in a nation obsessed with food, the annual Paris Farm Show brings together a full range of agricultural riches, except this year.

After bird flu turned up on one turkey farm in southeastern France, organizers took the precaution of banning all live fowl from the show, even if the occasional leg of lamb got dressed up to look like a chicken.

(on camera) The agriculture fair has survived without live chickens, but some chicken farmers may not. Just the one case of bird flu in domestic poultry has been enough to knock 25 percent off the sales of poultry in France.

(voice-over) With all table birds in the country now confined indoors to avoid contamination and, since humans are not at risk from properly cooked poultry products, those in this three-and-a-quarter billion dollar industry believe the sales slump is nothing short of hysteria.

UNIDENTIFIED MALE: They are quite angry, yes (ph). We don't understand why the public is reluctant to buy -- to buy chicken meat or turkey meat or poultry (ph) in general.

KING: At the huge market south of Paris, which handles the food for much of the country, the gloom in the poultry section is perceptible. Not only have domestic sales plummeted, but 44 countries have imposed partial or total bans on French exports.

CHRISTINE LAGARDE, FORMER JUNIOR MINISTER, FOREIGN TRADE: I would like to stress that it is one single bird, and it is not, you know, the whole of the country which is -- which is at risk.

BITTERMANN: Nonetheless, with markets now choked with surplus poultry and cold storage packed to capacity with frozen chickens, ducks and turkeys, some poultry producers are looking for alternatives.

A marketing man for one of the largest, says some supermarkets are now giving away a chicken with each one sold and that, eventually, poultry meat may be donated to charities.

The public's reaction has been so drastic that many in the industry can only wonder what will happen if more bird flu begins to show up down on the farm, something that remains a possibility as long as infected wild birds continue to arrive in France.

Jim Bittermann, CNN, Paris.

(END VIDEOTAPE) WHITFIELD: Well, poultry sales are down all over, as bird flu spreads across Europe and Asia.

Six states in Germany are now affected, with strains found in more than 150 wild birds and a cat. Germans in areas hit by bird flu have been ordered to keep all domestic cats indoors and dogs on leashes.

And health officials in China and Indonesia are investigating new deaths they believe are from bird flu.

Well, joining us from New York is Dr. Marc Siegel, author of "Bird Flu: Everything You Need to Know About the Next Pandemic."

Good to see you, Dr. Siegel.

DR. MARC SIEGEL, AUTHOR, "BIRD FLU": Hello, Fredricka. Nice to see you.

WHITFIELD: Good to see you, as well. Set the record straight. There are a lot of nervous people out there. How are we certain that getting bird flu has nothing to do with consumption of poultry?

SIEGEL: Well, first of all, we know that the bird flu virus, over 140 degrees, is killed 100 percent of the time. So cooking poultry kills the bird flu.

You know, the fear comes from the fact that, in Asia, there's a cultural difference. And people are living right on top of birds. Birds are pets. Birds are in their homes. They're carrying cages of birds around. It's not an accident that no humans in Europe have actually gotten this.

And so we are dealing with a fear component that people in France and outside of France -- actually 46 countries outside of the E.U. have cut off exported poultry from France. And France is the No. 4 poultry exporter in the world. So it's costing their economy $48 million per month, based on fear.

The chances of somebody getting bird flu from eating a cooked -- a fully cooked chicken is zero.

WHITFIELD: So what is the common reason as to why humans are not only just testing positive for bird flu but many are dying from it?

SIEGEL: Well, you know, that's a really important question. Actually, exposure to the bird flu -- it's been shown as back far as 1997 that you can get antibodies to this virus without actually getting sick. That occurred in Hong Kong.

So most of our attention has to been to the people who have died, but nobody has died of this in Europe.

The main thing is that in areas where the poultry is behind concrete buildings and is not in a free range situation, you're not going to have enough human contact to really give you the bird flu. People that have died of bird flu, 94 so far over the past eight years, these have all been shown to be directly connected to birds, bird handlers or close connection.

WHITFIELD: So if not consumption, then do you think in places like France and even Egypt, where the consumption of poultry has dropped off a bit, that they are overreacting?

SIEGEL: Well, you know what? They're not overreacting emotionally. It's understandable, because it's a scary situation. But rationally and statistically, they're overreacting. The risk is very, very low.

But I don't want to say that I don't understand this, because when you read about this or you hear about it, you naturally think it could happen to you, you know. But it's just not a risk. You're not going to get this from eating a fully cooked chicken.

And we're going to have to deal with that here if the birds over here in the United States ever get this, which is actually a possibility.

WHITFIELD: So you really are driving the home -- driving the point home here, fully cook chicken. So if we are cooking our chickens very well, what about in the case of here in the U.S., even though there aren't any confirmed human cases that we know of? Do we need to start being a little more careful about the issue of migrating birds and the potential for them carrying the bird flu, so that we have to keep our pets inside or be careful about changing our bird feeders, et cetera?

SIEGEL: You know, Fredricka, we really have to start watching from the ornithologist's point of view in terms of northern Canada, Newfoundland and over in Alaska, for the remote possibility of a bird, a flyaway bird, either a Pacific flyaway or eastern flyaway, bringing it over to North America.

But then we would have plenty of lead time. And it hasn't happened yet. It could happen over the next couple of months.

The other issue that we have to be concerned about is smuggling of birds. And that's something that's a biosecurity issue that we have to put a lot of emphasis on from a governmental point of view.

WHITFIELD: Dr. Marc Siegel, thanks so much.

SIEGEL: Thank you, Fredricka.

WHITFIELD: A former Playmate and the Supreme Court. Why Anna Nicole Smith could have a lasting impact on the nation's legal system. It's on our legal briefs docket coming up next.

A state of emergency for one state's levees. Sound familiar? This time it's not Louisiana. We'll tell you where.

But first, this look at your "Cold and Flu Report" for today, March 4th. (BEGIN VIDEOTAPE)

BONNIE SCHNEIDER, CNN METEOROLOGIST: I'm CNN meteorologist Bonnie Schneider with a look at your "Cold and Flu Report" for Saturday. As we take a look at the map, we can show you places in the country already reporting outbreaks of the flu this season. Much of the country, unfortunately, says widespread activity is occurring. That's in Texas and Florida and through much of the southeast.

Some sporadic outbreaks out to the west and local activity reported in Nevada and in California with regional outbreaks reported into the upper Midwest and parts of the plains states. That's a look at your "Cold and Flu Report" for Saturday. I'm meteorologist Bonnie Schneider. Have a great weekend.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

WHITFIELD: Here's what's making news right now. President Bush heads home after a brief visit to Pakistan. He held talks with President Pervez Musharraf on several issues, including the war on terrorism and the disputed Kashmir region.

Tragedy in Iraq. A mortar attack on a market near Baghdad killed seven people and wounded 15 others.

And they're getting ready for Hollywood's big night. Movie stars, directors, others, they'll all be there tomorrow evening at the Kodak Theater. Comedian Jon Stewart will be the master of ceremonies.

And former "Playboy" pinup Anna Nicole Smith gets her day before the U.S. Supreme Court.

CNN's Brian Todd reports the judges were well prepared when the media-stirring model showed up this week for her high-profile inheritance case.

(BEGIN VIDEOTAPE)

BRIAN TODD, CNN CORRESPONDENT (voice-over): She usually greets reporters with a flourish, but, outside the Supreme Court, Anna Nicole Smith looked flustered.

UNIDENTIFIED MALE: Anna!

TODD: Inside, nine justices, who may not have kept tabs on her tabloid past, seemed to know every detail of her legal problems.

JONATHAN TURLEY, PROFESSOR OF CONSTITUTIONAL LAW, GEORGE WASHINGTON UNIVERSITY: This is not a case of the justices celebrity- shopping. This is a serious case. And Anna Nicole Smith is going to change the face of the law in this area.

TODD: Not bad for a stripper-turned-"Playboy"-model-turned- reality-TV-star. Smith, who for this case is going by her legal name, Vickie Lynn Marshall, has been fighting for a decade to claim part of the fortune of her late husband, Texas oil tycoon J. Howard Marshall. She was 26 when they married. He was 89.

ANNA NICOLE SMITH, WIDOW OF J. HOWARD MARSHALL: He wanted me to have it. And I will fight until the end.

TODD: The Supreme Court will determine which court has final say, a Texas state court that ruled Marshall's son, Pierce, was the sole heir, or a bankruptcy court, which sided with Smith.

The justices seemed sympathetic to Smith and her lawyers' argument that Marshall's son tampered with documents to block Smith from the money.

KENT RICHLAND, ATTORNEY FOR ANNA NICOLE SMITH: There was an effort to make a gift to Ms. Marshall. And it was that gift that was interfered with.

TODD: Pierce Marshall denies wrongdoing, and counters, his dad meant the inheritance for him long before the old man met Smith in a strip club.

ERIC BRUNSTAD, ATTORNEY FOR E. PIERCE MARSHALL: She says she just wants the money. The problem is that the money, again, under the estate plan, was designated to go to persons other than her.

TODD: Still, it's not clear how any of these arguments will bear on the court's ruling over who has jurisdiction. The court should make that ruling by late June.

Brian Todd, CNN, at the Supreme Court.

(END VIDEOTAPE)

WHITFIELD: Well, how often does a probate case make it to the U.S. Supreme Court? And what makes this one so special? Today's legal briefs looks at that.

And the founder of Domino's Pizza hopes to deliver on a new mission. He's building an entire town around a Catholic University near Naples, Florida. That, he says, will be guided by Roman Catholic principles: no abortions, no porn, no birth control. Civil libertarians are saying no way.

What do our legal eagles have to say about all this. Richard Herman and Avery Friedman join us. Hello to both of us.

AVERY FRIEDMAN, LAW PROFESSOR: Hi, Fred.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fredricka.

WHITFIELD: All right. Let's begin with this town of Ave Maria, is what it would be called in Florida. Well, how unusual would this be? Some towns have ordinances banning certain things. Why would banning abortion, birth control or porn possibly be unconstitutional, Richard?

HERMAN: Well, you know, Fred, Avery just bought a satellite office out in that area. So there's going to be a flood of constitutional issues coming out of here. You know, to the extent they get any federal funding or state funding, they're not going to be allowed to dictate how American citizens can live in their society and in their country.

There are going to be issues of discrimination. And, you know, whenever I hear of cases like, you know, I just look at history. I look at what this Reverend Jim Jones did. I look at what happened in Waco. I look at other some issues, and I get nervous when I see things like this.

WHITFIELD: So, Avery, do you agree with that? Would there be arguments of discrimination if they're starting off with all these bans outlawing these things? You know, folks know what they're getting into when they buy property at Ave Maria, right?

FRIEDMAN: Well, the problem here is that a year ago last March, Tom Monaghan, who is developing this, says you know what? We're going to be the government. We're going to restrict all these things. And the problem is he's a famous pizza guy, made a lot of money.

His lawyers finally said, you know, Tom? You can't do it. And yesterday we saw Tom making the rounds doing mea culpas about Ave Maria saying, you know what? I don't think we're going to go that route. So I think it's going to get worked out. I think it would be insane to do this because it would clearly violate the Constitution.

WHITFIELD: Why it is so different from a town that would ban, say, cigarettes or even alcohol sales? Richard -- all right, Avery.

FRIEDMAN: Well, the difference here is that as a general rule there is broad power that is vested in local government. But when it comes to fundamental rights, Fredricka -- for example, the right of a woman or a man to get contraceptive materials -- or Monaghan wanted to even control the cable television. These are personal, individual rights and they are protected by the Constitution.

WHITFIELD: Richard?

HERMAN: Well, I agree with Avery. And I'll defer to the Constitutional expert on this stuff. But it's going to be a mess, and the surrounding communities are going to be affected. And they're the ones that are going to be bringing the litigation here.

WHITFIELD: All right. Well ...

AVERY: I wouldn't worry about it. I think Monaghan's a smart guy. He's going to wise up.

WHITFIELD: All right. Well, let's move on to the Anna Nicole Smith case. It started out with a bankruptcy court -- or really before that, but a bankruptcy court already tried to award her $90 million. But then a federal appeals court stepped in, and now it's going all the way to the U.S. Supreme Court, because that federal appeals court said, bankruptcy court, what are you doing being involved in this? How unusual is this for a probate case to go all the way to the U.S. Supreme Court, Richard?

HERMAN: Fred, in her ever attempting journey to increase her assets, Anna Nicole is seeking $500 million from her former husband of one year. It's highly unusual for an estate case to go to the United States Supreme Court. Supreme Court has held over and over again these are issue to be determined by the states and by the probate courts.

Here, however, there are substantial tax implications. And because she filed for bankruptcy in the state of California, which is under federal jurisdiction, the federal courts sought to make the ultimate determination here and that raised major jurisdictional challenges. That's why we're at the Supreme Court. And the Bush administration is behind Anna Nicole Smith on this one for tax purposes, not to see her get wealthy.

WHITFIELD: Interesting. So Avery, so the Supreme Court justices say they are interested in a few things, we saw this in Brian Todd's piece, whether the documents have been tampered with. And these are interesting notes, whether Smith was actually at her husband's bedside at the time of his death. And the amount of money that she would receive if she were to win this case. How will these answers influence the outcome?

FRIEDMAN: Oh, they won't. The Supreme Court -- and this, you know, people are making jokes about this. This is a very serious case involving jurisdiction. Even Chief Justice John Roberts said this is a case involving large assets. And they wanted to take a -- it sounds odd -- a closer look at those assets, apparently.

HERMAN: I'm sure they were looking, Avery.

FRIEDMAN: I don't know what they were looking at.

WHITFIELD: We knew this was going to be somewhat comical.

FRIEDMAN: No. Seriously, it's a serious issue on jurisdiction. The bottom line is the court has to decide for first time in American constitutional history whether or not, in this limited instance, in a probate will case, the federal court will prevail. The bottom line, you know what's a real irony in this?

WHITFIELD: What.

FRIEDMAN: You know Mr. Howard Marshall actually taught at the Yale Law School. You know what his subject was?

WHITFIELD: I'm going to answer the only because one of our produces told me this, wills and trusts.

FRIEDMAN: Go figure. Isn't that something?

WHITFIELD: Which is why you would think that he would have crafted, you know, an airtight will or trust, it would have been very explicit whether she was going to get anything or not. It seems it would be easy to know whether these documents have been doctored in any way, shape or form, right?

HERMAN: It was a great move.

FRIEDMAN: The federal court said that it was. The federal court said that Junior -- well Junior, he's 68 years old -- doctored or interfered with that will or trust and indeed she was entitled to $88 million.

HERMAN: You know, The Supreme Court is not going to make the ultimate determination here. That will be left for the court. They're going to send it back down to either the Federal District Bankruptcy Court or the state court. Believe me, Anna Nicole does not want to go back to the good old boy network of Texas to have that determination made. She wants it done in California.

WHITFIELD: So there's no statute of limitations when it comes down to inheritance cases like this. This can go on for a long time? It has been over ten years.

HERMAN: The marriage lasted one year, this case has already been in court 11 years.

WHITFIELD: It's frightening, isn't it? Richard Herman, Aver Friedman, thanks so much gentlemen.

FRIEDMAN: Check your will, Fred. Check your will and your trust.

WHITFIELD: That's right. It is signed and sealed. Thanks so much.

All right. Oscar's big night may be tomorrow, but there's a buzz of activity on the red carpet today.

BROOKE ANDERSON, CNN CORRESPONDENT: I'm Brooke Anderson on the Oscar's red carpet at the Kodak Theatre in Hollywood where it's getting spruced up for the big night tomorrow night.

Statues have been put out to line the carpet. Hundreds of beautiful white flowers. But as much as the Academy Awards are about film and the about awards, they're also about fashion. Coming up, the secrets to the stars Oscar style.

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WHITFIELD: The last-minute preparations are under way in Los Angeles as the stars, the producer, directors and everybody else gets ready for Hollywood's biggest night. As you know, it is almost Oscar time. The countdown is on. And in the middle of it all, already, is our own Brooke Anderson.

ANDERSON: I'm in the middle of it. Hi there, Fred. We're going to talk a little bit about Oscar style and Oscar fashion. Right now I'm joined by Mikki Taylor. She's the beauty director and cover editor for "Essence" magazine. You've been spending time in the designer and beauty suites which is where people bring their wares for stylists and stars to go to pick things out for hopefully for the designers to wear them on the red carpet.

MIKKI TAYLOR, ESSENCE MAGAZINE: Absolutely. It has been a fabulous week and very informative. I think the look will be soft and pretty. We're seeing the most floaty, you know, unstudied dresses. Ultrapretty. I'm seeing a lot of strapless, I'm seeing a lot of halters, colors that range from blush nudes to really luscious color. One stylist pulled a lot of violets for a client. You're going to see red again, you may see coral. Such a really pretty season. They're following the catwalk trends as well.

ANDERSON: Sometimes we see a lot of black, but this year you think we'll see a lot of color.

TAYLOR: It's a happy moment. I don't think you'll see too much black. I really don't. What happened as the year kicked off at former awards ceremonies will be a repeat at Oscar. It's really about luscious color or blush nudes.

ANDERSON: Let's talk about a couple of the Best Actress nominees who always, in my opinion, look terrific. Keira Knightley looked amazing in that Valentino gown at The Golden Globes. What do you expect ler to bring to the Oscars' red carpet?

TAYLOR: She'll bring her same sense of effortless chic to the Oscars. With Keira it's really soft, it's ultrapretty, luminous skin, unstudied hair and the prettiest gown. I think we can see more of the same tomorrow. And of course those jewels.

ANDERSON: She makes it look effortless.

TAYLOR: She really does.

ANDERSON: And then Reese Witherspoon. She was actually criticized at at The Golden Globes for wearing a dress that had been worn a few years before by Kirsten Dunst.

TAYLOR: What an unfortunate faux pas for the house and the glam squad. But that won't happen again. You can expect to see Reese in short. She wears short well. With someone like Reese, long gowns would really dwarf her and her sense of style. It's going to be flirty, it will be floaty. With her makeup, it will also be the soft neutrals that she's known for, but she will spring for a bit of color on the lip. Pink is in and she wears it well.

ANDERSON: It's not just about the dresses, also about the skin care. They've been working out since the new year.

TAYLOR: The moment that new year came in, we were in awards season. It was really about those sessions with the personal trainer. It was about really seeing your dermatologist or your plastic surgeon for those power facials. This week, it's been about eyelash extensions, refreshing facials. ANDERSON: Things you wouldn't even think about. They have an army of people helping them. Mikki Taylor, thank you for sharing with us the Oscar styles. Fredricka, back to you.

WHITFIELD: We'll be looking forward to seeing what you and Mikki will be wearing on the red carpet, too.

ANDERSON: We'll do our best to hopefully keep up with those stars.

WHITFIELD: All right. The pressure is on. Thanks Brooke and Mikki.

CNN will bring you complete coverage of the Academy Awards during a special edition of "SHOWBIZ TONIGHT" on CNN's Headline News, and beginning Sunday at 5:30 eastern you'll see A.J. Hammer, Brooke Anderson and Sibila Vargas, they'll be live from the red carpet. Then right here on CNN, we'll look at Hollywood's Gold Rush, Sunday night at 6:00 eastern. Got that straight?

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WHITFIELD: The Gulf Coast isn't the only region worried about the strength of levees. Governor Arnold Schwarzenegger describes many of the levees protecting California's Central Valley as another Katrina-like disaster waiting to happen. In this report on "Our Planet," correspondent Kyung Lah looks at the risks at issue.

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KYUNG LAH, CNN CORRESPONDENT (voice-over): As the storm rolled into Northern California, another sign the state's levee system is crumbling. A breach northeast of San Francisco flooding a wilderness area.

Last January, heavy rains washed waves of water over levees near Sacramento. The erosion so bad breaks can also happen on a clear summer day. June 2004, farmland east of Sacramento flooded. A major levee break happening at least once a year worrying Sacramento residents like Christina Lozano.

CHRISTINA LOZANO, SACRAMENTO RESIDENT: If the government didn't help the people, you know, who were in Louisiana and Alabama and everywhere else, what makes me think that because we're in the capital of California, they're going to come and help us?

LAH: The population is booming in California's Central Valley. Upwards of 500,000 people live here, the numbers growing each day, attracted by affordable housing.

LOZANO: I mean, if we're putting ourselves at risk, everybody else who is buying will probably be putting themselves at risk as well.

LAH: Most live below the levees separated from rushing water by aging barriers stretching 6,000 miles. In the balance, the drinking water for two out of three Californians.

Governor Schwarzenegger is sounding the alarm with the state's congressional leaders. He marched through Washington, lobbied the president, but he came home empty handed.

GOV. ARNOLD SCHWARZENEGGER, (R) CALIFORNIA: No matter what you guys are talking about here, our levees is the most important thing and we've got to rebuild it right now and we need your federal money, so please help.

BRIAN MOORE, U.S. ARMY CORPS OF ENGINEERS: In terms of the level of protection, there's a greater level of protection in New Orleans than there is in Sacramento.

LAH (on camera): How high would the water rise if there were a breach right here?

MOORE: Here's a two story building right here. You can see where the first story is and the second story is. You probably would have flooding around the first story and a little bit up into the second story. So maybe below those windows in about an hour where this whole area, where 100,000 people live, could fill up to 15 to 20 feet of water.

LAH (voice-over): The Army Corps of Engineers pointed out erosion, seen in more than 100 spots along the Central Valley's levees.

MOORE: Here, where the water is eating away the bank.

LAH: The solution appears simple.

MOORE: Which is basically large rocks, which will anchor the levee and cause it to be stable and prevent erosion from occurring.

LAH: But this will cost $100 million for the two dozen critical sites, perhaps billions to reinforce the entire system. The governor, with failed state budget referendums last ,year says he's out of cash to do anything but emergency repairs. While politicians bicker, residents like Ann Oliver are not waiting.

ANN OLIVER, SACRAMENTO RESIDENT: Actually, we did buy a boat. I would not be one of those people sitting on the roof waiting for the floodwaters to come up, you know, before I climbed in the boat, no.

LAH: While she jokes, this really is her plan. With so many comparisons to Hurricane Katrina, these residents say someone needs to pay now before everyone pays later.

Kyung Lah, CNN, Sacramento, California.

(END VIDEOTAPE)

WHITFIELD: Back in a moment.

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