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Tyco Jury Reconvenes; Attorney Takes Saddam's Case; Iraqis Protest Newspaper Shut-Down; Condoleezza Rice Unlike to Testify Publicly; Coalition Official: Newspaper was Shut down for Safety; Smoking Banned in Public in Ireland; Peter Ustinov Dead at 82

Aired March 29, 2004 - 13:00   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.


KYRA PHILLIPS, CNN ANCHOR: The Tyco trial, a run away juror or merely an independent woman? A judge decides.
Defending a dictator: Saddam Hussein's lawyer tells President Bush, "My client is innocent until proven guilty."

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: When the FBI called us and let us know that they had positively identified the girl, you couldn't hear anything in this office for the shouts of joy.

(END VIDEO CLIP)

PHILLIPS: A child rescued from pornographers. Cops call it one of the worst cases they've ever seen.

Tornado on tape. Storm chasers get a little blown away by this one.

From the CNN Center in Atlanta, I'm Kyra Phillips. Miles is off today. CNN's LIVE FROM starts right now.

Up first this hour, the Tyco trial, still on track, yet another defense request for mistral is in the dumpster today. Six full months after Tyco's former CEO and CFO went on trial for allegedly pillaging some $600 million.

The jury claims one stubborn panelist, who may or may not have flashed an OK sign at the defense, has poisoned negotiations.

CNN's Allen Chernoff has the latest now from New York -- Allan.

ALLAN CHERNOFF, CNN CORRESPONDENT: Kyra, while the jury is continuing to deliberate, and this in spite of widespread expectations that we might get the judge to declare a mistral.

There were expectations as that today and also on Friday, but the judge so far saying it is inappropriate to declare a mistral, adding just a little while ago that we cannot let what is published in the newspapers determine what happens here. And what was published in the newspapers, the "New York Post" and the "Wall Street Journal," in particular, was the specific identity of juror number four, apparently the holdout among the 12 men and women, judging Dennis Kozlowski and Mark Swartz, the former top two executives of Tyco.

And the judge said that he did speak to juror number four this morning, and that she assured him nothing has happened so far that would prevent her from deliberating in good faith.

The judge repeatedly has denied motions for mistrials. There have been at least four of those motions made.

And also, this has all happened after we've had notes from the jury saying that were essentially fighting, accusations flying back and forth among the jurors, accusations that one of the jurors apparently was not deliberating in good faith, one of the jurors holding things up, while that juror alleging that the rest of the jury refused to believe that the defendants perhaps might be innocent.

Now, both Mr. Kozlowski and Mr. Swartz are charged with 13 counts of grand larceny. They are charged with stealing $170 million in cash, plus another $430 million from elicit stock sales.

And the trial, as you said, has been going on now for precisely six months -- Kyra.

PHILLIPS: Allen Chernoff. We'll continue to check in with you. Thank you.

While counsel for the defense -- whenever, wherever, however Saddam Hussein appears in a courtroom for trial, this man will appear with him, or so he says.

He's Jacques Verges, a Frenchman who knows a thing or two about defending notorious figures. Over the decades he's offended -- or defended Klaus Barbie, Po Pai (ph) and Slobodan Milosevic.

Verges says that one of Saddam's nephews asked him to take the case. And he'll have 11 co-counsel of various nationalities.

His first order of business, ensuring proper treatment of his new client.

(BEGIN VIDEO CLIP)

JACQUES VERGES, SADDAM HUSSEIN'S ATTORNEY: It is a totalitarian country. There are people who do not deserve to be defended. But in a democratic country, everybody has a right to be defended, and every lawyer has a duty to defend people accused.

So my problem is that is simple from the point of view from my profession morality. A man is accused. He is not condemned now; there is no proof. He's only accused. And my office is to defend him, to discuss the accusation point by point.

(END VIDEO CLIP)

PHILLIPS: You can catch that full interview tomorrow morning on "AMERICAN MORNING" right here on CNN.

And in just a few minutes we're going to talk more about defending those who may be considered indefensible with controversial U.S. attorney Ron Kube (ph). That's at half past the hour right here on LIVE FROM.

A crowd of Shiite Muslim Iraqis cry censorship in the shutdown of their newspaper. The protesters claim the U.S. is stifling their freedom of speech, but coalition officials say the newspaper is too dangerous to U.S. troops.

It's one of the stories CNN's Jim Clancy is following in Baghdad.

(BEGIN VIDEOTAPE)

JIM CLANCY, CNN CORRESPONDENT (voice-over): Thousands of supporters of a young firebrand Shiite Muslim cleric took to the streets of Navjav (ph) in southern Iraq, chanting anti-coalition slogans after their movement's newspaper was shut down by U.S. officials.

Moqtadr Sadr's publication, "al Hauza," or "The School," was allegedly teaching Iraqis to fight against the coalition.

"This isn't freedom of the press," chanted demonstrators in Baghdad, as they tried to break into the sealed offices of the newspaper. Thousands gathered in the capitol late into the night in protest of the two-month closure.

A spokesman for the young cleric said the coalition accused their newspaper of speaking against it. This proves the coalition forces that say they give freedom of the press are lying.

It was another bloody day in Mosul, in northern Iraq, a city that has been increasingly troubled.

Two security guards hired to protect experts at an electrical power plant were killed when their gunman was attacked by another in a car. One was a British national, another Canadian. Another car in their convoy managed to escape.

Insurgents also attacked a military police convoy in Mosul, according to coalition sources. All four occupants of the attacking vehicle were killed, but two U.S. soldiers wounded.

Gunmen failed in an assassination bid on public works minister Nisreen Berwari, also in Mosul, according to coalition sources. The minister's driver and one of her bodyguards were killed. Two other bodyguards were wounded.

Meantime in Baghdad, a roadside bomb that was buried in a middle class neighborhood exploded, wounding four Iraqis, two of them seriously. (on camera) The daily litany of casualties is only the tip of the iceberg, according to Iraqis. As police focus on the insurgency, criminals prey on civilians in kidnappings, robberies and other crimes. A member of the governing council warned CNN Sunday the situation is only going to get worse before it gets any better.

Jim Clancy, CNN, Baghdad.

(END VIDEOTAPE)

PHILLIPS: And in just a few minutes we will talk to Dan Senor, the senior advisor to the U.S. administrator in Baghdad.

Well, separation of power still driving a wedge between the Bush administration and at least some of the families of 9/11 terror victims. Condoleezza Rice says it's an important principle barring her from testifying publicly about the war on terror pre-September 11.

CNN's Suzanne Malveaux has the latest now -- Suzanne.

SUZANNE MALVEAUX, CNN CORRESPONDENT: Well, Kyra, the White House is definitely trying to change the subject here.

President Bush back from his Crawford ranch, he's going to be overseeing a ceremony welcoming new NATO members here at the White House. He's also going to be traveling this week to key battleground states to talk about the economy.

But at the same time, of course, there is that issue of 9/11 commission and Dr. Rice, whether or not she will publicly testify.

The White House is trying to reach some sort of compromise here. Dr. Rice would like, she has said, go before the families of the victims of 9/11. That is being worked out. She would also like to go before the 9/11 commission and answer questions privately, as she had done back in February.

Now, she was not under oath. There were no transcripts, and that information was classified. There is a process that sources are telling us in which some of that information and perhaps additional testimony could become declassified at a later date, be made known to the public.

But, of course, the White House also acknowledges here that they have a perception problem. The perception here is that they have something to hide.

We've heard from commission members. We've heard from family members and most recently over the weekend, prominent Republicans, calling for her to go before this commission and testify publicly.

Dr. Rice, in a number of talk shows, most recently in "60 Minutes" making the White House case.

(BEGIN VIDEO CLIP) CONDOLEEZZA RICE, NATIONAL SECURITY ADVISOR: Nothing would be better, from my point of view, than to be able to testify. I would really like to do that. But there's an important principle involved here. It is a longstanding principle that sitting national security advisors do not testify before the Congress.

RICHARD PERLE, FORMER ASSISTANT DEFENSE SECRETARY: I think she would be wise to testify. I think she would acquit herself well. She has nothing to conceal, nothing to hide.

And there's a procedural and legal and presidential and constitutional issue here. Sometimes you have to set those aside because the circumstances require it. And I think she should probably go forward to the commission.

(END VIDEO CLIP)

MALVEAUX: And what complicates matters even more so, is over the weekend Richard Clarke came forward and he said that please release memos, e-mails and public testimony that's -- rather, classified testimony before Congress. Declassify everything is what he said.

We heard from Secretary Powell who said he thought that was a good idea, as well as other Republicans, but a senior administration official saying they didn't think that was going to be likely because of intelligence matters, national security, that type of thing -- Kyra.

PHILLIPS: Suzanne Malveaux, live from the White House. Thank you.

Now back to that Iraqi newspaper that got shut down in Baghdad. We've been telling you about it. Iraq's new constitution enshrines American style freedoms. And that's one reason this move against the newspaper is, well, news.

Joining us now with the coalition's view is senior advisor to the U.S. civil administrator, Dan Senor.

Dan, let's start by telling us about this newspaper, how popular it is, who reads the newspaper?

DAN SENOR, SENIOR ADVISOR TO PAUL BREMER: It's a newspaper that's published and distributed in the Baghdad area. And it has systematically and repeatedly over the last several months been reporting stories and using rhetoric clearly designed to provoke violence against the coalition, against other Iraqis.

Under international law, we have a responsibility to promote a safe and secure environment in Iraq, so long as we are here. And when there are institutions that are provoking violence, provoking death, killing, we have an obligation to shut them down.

PHILLIPS: You say it's provoking the violence. Is it encouraging violence? Is it helping to plan attacks? Is it giving instructions to the insurgents? SENOR: It is reporting grossly incorrect information designed to engender anger and resentment by Iraqis against the coalition and encouraging them specifically and explicitly to direct their anger and violence against American troops.

We bend over backwards to protect the free press in Iraq. Over 200 reporter -- individual newspapers have popped up in Iraq since liberation. We go out of our way to protect their right to operate freely.

They are critical of us, these newspapers. Some of them are supportive of us. Regardless what their editorial tone is, however, we protect their right to operate.

When individual newspapers cross the line, however, and start provoking violence against American troops or violence against Iraqis, we have a responsibility to shut them down. It's consistent with similar laws in the United States and U.K. and Australia, striking a balance.

PHILLIPS: So how -- You talk about striking a balance. But specifically, how is this not censorship? Or are you saying by international law this type of censorship is OK for the sake of safety?

SENOR: In all democracies, including western democracies such as our own, such as the American democracy, we have to strike a balance between protecting the free press and protecting against the incitement of violence.

It has nothing to do with censorship. It has everything to do with targeting those few exceptions to the rule that are trying to provoke violence. In order to have a very liberal policy towards all the other independent operators, all the independent news organizations. That's what we're doing here.

You understand, there's three options for us. One is to allow every news organization to operate, even those that are targeting Americans or targeting Iraqis with violence.

Two, we can shut everything down and censor everything out there.

Or three, we can take the approach that we're taking.

We think the first two are not realistic. We can't allow -- we can't ignore the bad operators, and we cannot allow us to be put in a position where we're shutting everyone down. So we choose the third option, which is allow the overwhelming majority of newspapers, even ones that are highly critical of the operation to operate, but shut down the one or two that are trying to provoke murders against the coalition and against the Iraqi people.

PHILLIPS: Senior advisor to the U.S. civil administrator, Dan Senor. We sure appreciate your time. Thanks, Dan.

SENOR: Thank you. PHILLIPS: Well, the State Department is warning Americans in Uzbekistan to be on their highest alert after a series of attacks and explosions in that country. At least 19 people are dead, another 26 hurt in violence that one Uzbek official calls "atypical for our nation."

Islamists opposed to the U.S.-led war on terror are the primary suspects, and police say they've already made several arrests.

Straight ahead, a tiny image leads cops to an abused child and the alleged pornographer who was posting her images online. Find out how they did it, later on LIVE FROM.

Feelings of insecurity, why one of the world's top tennis players says she may pass on the summer Olympics.

And holy smokes. We'll tell you what you better not be doing the next time you put down a pint at a pub in Ireland.

(COMMERCIAL BREAK)

(WEATHER REPORT)

(COMMERCIAL BREAK)

PHILLIPS: The news around the world now.

Ariel Sharon suffers another legal blow. Israel's Supreme Court ruled today that the prime minister's son has to cooperate in the corruption investigation against his father.

Gilad Sharon has refused to hand over records in the bribery scandal. Israel's attorney general is considering whether to indict Ariel Sharon on bribery charges.

The lead singer of one of the most popular rock bands in France is convicted of murder. Singer Bertrand Cantat is sentenced to eight years in a Lithuanian prison for beating his actress girlfriend to death. He says the killing was an accident and he plans to appeal.

A pub in Dublin mourns the passing of passive smoke. The mock funeral marked the end of cigarette smoking in the workplace. A national ban on smoking is now in effect in Ireland and would fine any business that permits smoking indoors.

Now, the smokers in Ireland may be breathing easier today, but how are smokers dealing with being banished to the streets now?

ITN's Chris Choi reports from Dublin.

(BEGIN VIDEO CLIP)

CHRIS CHOI, ITN CORRESPONDENT (voice-over): Irish bar culture, little changed for centuries, has been transformed literally overnight. It was the moment smokers and many licensees had long dreaded. UNIDENTIFIED MALE: Ladies and gentlemen, this is now officially a non-smoking venue.

CHOI: As staff asked customers to stub out their cigarettes, southern Ireland became the first place in Europe with a national ban on smoking in all indoor public places.

The authorities refused to phase it in. Instead, it was implemented at the stroke of midnight.

Shortly after the argument started.

UNIDENTIFIED MALE: I couldn't gather monkeys (UNINTELLIGIBLE)

UNIDENTIFIED MALE: There's a member of staff here who's wanting you to stub it out.

CHOI: Some senior police officers believe the new law is unenforceable. But drinkers are being asked to snitch on fellow customers who smoke. There's even a special phone hotline for the purpose.

But the policy chiefly rests on fierce fines covering bars, restaurants and similar venues: 3,000 euro for smoking or owning an outlet where it's permitted. That's around 2,000 pounds.

Irish ministers say the health gains justify such penalties.

UNIDENTIFIED MALE: I'm quite happy that we've made the right decision and that the majority of the Irish people are going in behind that decision.

CHOI (on camera): Coming to the Dublin mountains, the Irish government has 41 smoking spies backed up by hundreds of health inspectors. But can the new law really be enforced here in the countryside?

Well, at Ireland's highest pub, they say no.

Here, they parked a smoker's bus. It's not a workplace, so escapes the new law.

UNIDENTIFIED MALE: It would be very, very difficult to enforce this law. Smokers are also entitled to have their rights as well. So we would have been in favor of a smoking area.

CHOI: But campaigners say the public is on board across Europe to consign all smoky bars to the fog of history.

Chris Choi, ITV News, Dublin.

(END VIDEOTAPE)

PHILLIPS: Well, by the way, apparently a New York smoking ban hasn't choked its business. City analysts report that tax receipts from bars and restaurants increased nearly nine percent after that ban went into effect.

Other news across America this hour.

A net loss for the summer games. Tennis phenom Serena Williams says she may sit out the Athens Olympics if she feels her security is at risk. Unprecedented anti-terror measures are in the works, involving some 50,000 soldiers and police will be there from seven countries. But the FBI acknowledges it's too soon to tell whether security will, indeed, be world class.

Round three of the gay marriage constitutional convention in Boston. Amid rancorous protests from both sides, conventioneers are contemplating a compromise that nobody is happy with. It's a ban on same sex nuptials coupled with a mandate for Vermont-style civil unions.

Voters would still get the final say in November 2006.

And breezing through Bridgeport, Connecticut, it's a whole lot easier today than it was last Friday. The northbound lanes of I-95 are open again for the first time since a tanker truck crashed and burned Thursday.

Southbound lanes due to open this Thursday. And all of these repairs are running well ahead of schedule. I-95 extends from Florida/Maine.

Still ahead, Saddam Hussein is innocent, or so says his lawyer. How will he defend the former Iraqi dictator if he goes to trial? We're going to talk about it.

And body of evidence in the Michael Jackson case. The grand jury gets a look. We're live from the courthouse.

Plus, record highs at the gas station. What's pumping up prices? We'll drive that one home, straight ahead.

(COMMERCIAL BREAK)

(STOCK REPORT)

(COMMERCIAL BREAK)

PHILLIPS: Witty storyteller, globetrotting humanitarian and master of characters in languages: all of this describes Oscar-winning actor Peter Ustinov. But he's probably best described as just being himself.

Peter Ustinov has died of heart failure at age 82 in a hospital near his home in Lake Geneva in Switzerland.

CNN's Guy Ross (ph) looks back at his remarkable life.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Peter Ustinov appeared in roles ranging from Emperor Nero to Dr. Samuel Johnson. Over the course of his 60-year career, the actor was nominated four times for Oscars, winning twice, first in 1961 for a supporting role in "Sparticus" and again in 1965, for a role in "Topkapi."

His last major film role was as a doctor in the 1992 film "Lorenzo's Oil."

PETER USTINOV, ACTOR: This science of medicine, you know, it's not like physics. There's no mathematical certainty. And because we deal with human beings who suffer, it can appear heartless.

UNIDENTIFIED MALE: Ustinov was born in London in 1921 to Russian parents. As a boy, he attended an elite private school, but dropped out at 16 to pursue acting.

By the time Ustinov reached the age of 17, he was already appearing on London stages. Within two years he became a professional film actor.

Critics regarded Ustinov as something of a renaissance man, for aside from his acting, he wrote and directed films and plays. Later in life, the actor focused on humanitarian work, serving as a goodwill ambassador for UNICEF.

USTINOV: What I gained is a greater comprehension of the difficulties in this world and also a far greater sense of humanity, which has helped me immensely in my work. So I'm very grateful to UNICEF.

UNIDENTIFIED MALE: In 1990, Ustinov was knighted by Queen Elizabeth for his contribution to British theater.

Peter Ustinov was 82.

Guy Ross (ph), CNN, London.

(END VIDEOTAPE)

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


Aired March 29, 2004 - 13:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: The Tyco trial, a run away juror or merely an independent woman? A judge decides.
Defending a dictator: Saddam Hussein's lawyer tells President Bush, "My client is innocent until proven guilty."

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: When the FBI called us and let us know that they had positively identified the girl, you couldn't hear anything in this office for the shouts of joy.

(END VIDEO CLIP)

PHILLIPS: A child rescued from pornographers. Cops call it one of the worst cases they've ever seen.

Tornado on tape. Storm chasers get a little blown away by this one.

From the CNN Center in Atlanta, I'm Kyra Phillips. Miles is off today. CNN's LIVE FROM starts right now.

Up first this hour, the Tyco trial, still on track, yet another defense request for mistral is in the dumpster today. Six full months after Tyco's former CEO and CFO went on trial for allegedly pillaging some $600 million.

The jury claims one stubborn panelist, who may or may not have flashed an OK sign at the defense, has poisoned negotiations.

CNN's Allen Chernoff has the latest now from New York -- Allan.

ALLAN CHERNOFF, CNN CORRESPONDENT: Kyra, while the jury is continuing to deliberate, and this in spite of widespread expectations that we might get the judge to declare a mistral.

There were expectations as that today and also on Friday, but the judge so far saying it is inappropriate to declare a mistral, adding just a little while ago that we cannot let what is published in the newspapers determine what happens here. And what was published in the newspapers, the "New York Post" and the "Wall Street Journal," in particular, was the specific identity of juror number four, apparently the holdout among the 12 men and women, judging Dennis Kozlowski and Mark Swartz, the former top two executives of Tyco.

And the judge said that he did speak to juror number four this morning, and that she assured him nothing has happened so far that would prevent her from deliberating in good faith.

The judge repeatedly has denied motions for mistrials. There have been at least four of those motions made.

And also, this has all happened after we've had notes from the jury saying that were essentially fighting, accusations flying back and forth among the jurors, accusations that one of the jurors apparently was not deliberating in good faith, one of the jurors holding things up, while that juror alleging that the rest of the jury refused to believe that the defendants perhaps might be innocent.

Now, both Mr. Kozlowski and Mr. Swartz are charged with 13 counts of grand larceny. They are charged with stealing $170 million in cash, plus another $430 million from elicit stock sales.

And the trial, as you said, has been going on now for precisely six months -- Kyra.

PHILLIPS: Allen Chernoff. We'll continue to check in with you. Thank you.

While counsel for the defense -- whenever, wherever, however Saddam Hussein appears in a courtroom for trial, this man will appear with him, or so he says.

He's Jacques Verges, a Frenchman who knows a thing or two about defending notorious figures. Over the decades he's offended -- or defended Klaus Barbie, Po Pai (ph) and Slobodan Milosevic.

Verges says that one of Saddam's nephews asked him to take the case. And he'll have 11 co-counsel of various nationalities.

His first order of business, ensuring proper treatment of his new client.

(BEGIN VIDEO CLIP)

JACQUES VERGES, SADDAM HUSSEIN'S ATTORNEY: It is a totalitarian country. There are people who do not deserve to be defended. But in a democratic country, everybody has a right to be defended, and every lawyer has a duty to defend people accused.

So my problem is that is simple from the point of view from my profession morality. A man is accused. He is not condemned now; there is no proof. He's only accused. And my office is to defend him, to discuss the accusation point by point.

(END VIDEO CLIP)

PHILLIPS: You can catch that full interview tomorrow morning on "AMERICAN MORNING" right here on CNN.

And in just a few minutes we're going to talk more about defending those who may be considered indefensible with controversial U.S. attorney Ron Kube (ph). That's at half past the hour right here on LIVE FROM.

A crowd of Shiite Muslim Iraqis cry censorship in the shutdown of their newspaper. The protesters claim the U.S. is stifling their freedom of speech, but coalition officials say the newspaper is too dangerous to U.S. troops.

It's one of the stories CNN's Jim Clancy is following in Baghdad.

(BEGIN VIDEOTAPE)

JIM CLANCY, CNN CORRESPONDENT (voice-over): Thousands of supporters of a young firebrand Shiite Muslim cleric took to the streets of Navjav (ph) in southern Iraq, chanting anti-coalition slogans after their movement's newspaper was shut down by U.S. officials.

Moqtadr Sadr's publication, "al Hauza," or "The School," was allegedly teaching Iraqis to fight against the coalition.

"This isn't freedom of the press," chanted demonstrators in Baghdad, as they tried to break into the sealed offices of the newspaper. Thousands gathered in the capitol late into the night in protest of the two-month closure.

A spokesman for the young cleric said the coalition accused their newspaper of speaking against it. This proves the coalition forces that say they give freedom of the press are lying.

It was another bloody day in Mosul, in northern Iraq, a city that has been increasingly troubled.

Two security guards hired to protect experts at an electrical power plant were killed when their gunman was attacked by another in a car. One was a British national, another Canadian. Another car in their convoy managed to escape.

Insurgents also attacked a military police convoy in Mosul, according to coalition sources. All four occupants of the attacking vehicle were killed, but two U.S. soldiers wounded.

Gunmen failed in an assassination bid on public works minister Nisreen Berwari, also in Mosul, according to coalition sources. The minister's driver and one of her bodyguards were killed. Two other bodyguards were wounded.

Meantime in Baghdad, a roadside bomb that was buried in a middle class neighborhood exploded, wounding four Iraqis, two of them seriously. (on camera) The daily litany of casualties is only the tip of the iceberg, according to Iraqis. As police focus on the insurgency, criminals prey on civilians in kidnappings, robberies and other crimes. A member of the governing council warned CNN Sunday the situation is only going to get worse before it gets any better.

Jim Clancy, CNN, Baghdad.

(END VIDEOTAPE)

PHILLIPS: And in just a few minutes we will talk to Dan Senor, the senior advisor to the U.S. administrator in Baghdad.

Well, separation of power still driving a wedge between the Bush administration and at least some of the families of 9/11 terror victims. Condoleezza Rice says it's an important principle barring her from testifying publicly about the war on terror pre-September 11.

CNN's Suzanne Malveaux has the latest now -- Suzanne.

SUZANNE MALVEAUX, CNN CORRESPONDENT: Well, Kyra, the White House is definitely trying to change the subject here.

President Bush back from his Crawford ranch, he's going to be overseeing a ceremony welcoming new NATO members here at the White House. He's also going to be traveling this week to key battleground states to talk about the economy.

But at the same time, of course, there is that issue of 9/11 commission and Dr. Rice, whether or not she will publicly testify.

The White House is trying to reach some sort of compromise here. Dr. Rice would like, she has said, go before the families of the victims of 9/11. That is being worked out. She would also like to go before the 9/11 commission and answer questions privately, as she had done back in February.

Now, she was not under oath. There were no transcripts, and that information was classified. There is a process that sources are telling us in which some of that information and perhaps additional testimony could become declassified at a later date, be made known to the public.

But, of course, the White House also acknowledges here that they have a perception problem. The perception here is that they have something to hide.

We've heard from commission members. We've heard from family members and most recently over the weekend, prominent Republicans, calling for her to go before this commission and testify publicly.

Dr. Rice, in a number of talk shows, most recently in "60 Minutes" making the White House case.

(BEGIN VIDEO CLIP) CONDOLEEZZA RICE, NATIONAL SECURITY ADVISOR: Nothing would be better, from my point of view, than to be able to testify. I would really like to do that. But there's an important principle involved here. It is a longstanding principle that sitting national security advisors do not testify before the Congress.

RICHARD PERLE, FORMER ASSISTANT DEFENSE SECRETARY: I think she would be wise to testify. I think she would acquit herself well. She has nothing to conceal, nothing to hide.

And there's a procedural and legal and presidential and constitutional issue here. Sometimes you have to set those aside because the circumstances require it. And I think she should probably go forward to the commission.

(END VIDEO CLIP)

MALVEAUX: And what complicates matters even more so, is over the weekend Richard Clarke came forward and he said that please release memos, e-mails and public testimony that's -- rather, classified testimony before Congress. Declassify everything is what he said.

We heard from Secretary Powell who said he thought that was a good idea, as well as other Republicans, but a senior administration official saying they didn't think that was going to be likely because of intelligence matters, national security, that type of thing -- Kyra.

PHILLIPS: Suzanne Malveaux, live from the White House. Thank you.

Now back to that Iraqi newspaper that got shut down in Baghdad. We've been telling you about it. Iraq's new constitution enshrines American style freedoms. And that's one reason this move against the newspaper is, well, news.

Joining us now with the coalition's view is senior advisor to the U.S. civil administrator, Dan Senor.

Dan, let's start by telling us about this newspaper, how popular it is, who reads the newspaper?

DAN SENOR, SENIOR ADVISOR TO PAUL BREMER: It's a newspaper that's published and distributed in the Baghdad area. And it has systematically and repeatedly over the last several months been reporting stories and using rhetoric clearly designed to provoke violence against the coalition, against other Iraqis.

Under international law, we have a responsibility to promote a safe and secure environment in Iraq, so long as we are here. And when there are institutions that are provoking violence, provoking death, killing, we have an obligation to shut them down.

PHILLIPS: You say it's provoking the violence. Is it encouraging violence? Is it helping to plan attacks? Is it giving instructions to the insurgents? SENOR: It is reporting grossly incorrect information designed to engender anger and resentment by Iraqis against the coalition and encouraging them specifically and explicitly to direct their anger and violence against American troops.

We bend over backwards to protect the free press in Iraq. Over 200 reporter -- individual newspapers have popped up in Iraq since liberation. We go out of our way to protect their right to operate freely.

They are critical of us, these newspapers. Some of them are supportive of us. Regardless what their editorial tone is, however, we protect their right to operate.

When individual newspapers cross the line, however, and start provoking violence against American troops or violence against Iraqis, we have a responsibility to shut them down. It's consistent with similar laws in the United States and U.K. and Australia, striking a balance.

PHILLIPS: So how -- You talk about striking a balance. But specifically, how is this not censorship? Or are you saying by international law this type of censorship is OK for the sake of safety?

SENOR: In all democracies, including western democracies such as our own, such as the American democracy, we have to strike a balance between protecting the free press and protecting against the incitement of violence.

It has nothing to do with censorship. It has everything to do with targeting those few exceptions to the rule that are trying to provoke violence. In order to have a very liberal policy towards all the other independent operators, all the independent news organizations. That's what we're doing here.

You understand, there's three options for us. One is to allow every news organization to operate, even those that are targeting Americans or targeting Iraqis with violence.

Two, we can shut everything down and censor everything out there.

Or three, we can take the approach that we're taking.

We think the first two are not realistic. We can't allow -- we can't ignore the bad operators, and we cannot allow us to be put in a position where we're shutting everyone down. So we choose the third option, which is allow the overwhelming majority of newspapers, even ones that are highly critical of the operation to operate, but shut down the one or two that are trying to provoke murders against the coalition and against the Iraqi people.

PHILLIPS: Senior advisor to the U.S. civil administrator, Dan Senor. We sure appreciate your time. Thanks, Dan.

SENOR: Thank you. PHILLIPS: Well, the State Department is warning Americans in Uzbekistan to be on their highest alert after a series of attacks and explosions in that country. At least 19 people are dead, another 26 hurt in violence that one Uzbek official calls "atypical for our nation."

Islamists opposed to the U.S.-led war on terror are the primary suspects, and police say they've already made several arrests.

Straight ahead, a tiny image leads cops to an abused child and the alleged pornographer who was posting her images online. Find out how they did it, later on LIVE FROM.

Feelings of insecurity, why one of the world's top tennis players says she may pass on the summer Olympics.

And holy smokes. We'll tell you what you better not be doing the next time you put down a pint at a pub in Ireland.

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(WEATHER REPORT)

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PHILLIPS: The news around the world now.

Ariel Sharon suffers another legal blow. Israel's Supreme Court ruled today that the prime minister's son has to cooperate in the corruption investigation against his father.

Gilad Sharon has refused to hand over records in the bribery scandal. Israel's attorney general is considering whether to indict Ariel Sharon on bribery charges.

The lead singer of one of the most popular rock bands in France is convicted of murder. Singer Bertrand Cantat is sentenced to eight years in a Lithuanian prison for beating his actress girlfriend to death. He says the killing was an accident and he plans to appeal.

A pub in Dublin mourns the passing of passive smoke. The mock funeral marked the end of cigarette smoking in the workplace. A national ban on smoking is now in effect in Ireland and would fine any business that permits smoking indoors.

Now, the smokers in Ireland may be breathing easier today, but how are smokers dealing with being banished to the streets now?

ITN's Chris Choi reports from Dublin.

(BEGIN VIDEO CLIP)

CHRIS CHOI, ITN CORRESPONDENT (voice-over): Irish bar culture, little changed for centuries, has been transformed literally overnight. It was the moment smokers and many licensees had long dreaded. UNIDENTIFIED MALE: Ladies and gentlemen, this is now officially a non-smoking venue.

CHOI: As staff asked customers to stub out their cigarettes, southern Ireland became the first place in Europe with a national ban on smoking in all indoor public places.

The authorities refused to phase it in. Instead, it was implemented at the stroke of midnight.

Shortly after the argument started.

UNIDENTIFIED MALE: I couldn't gather monkeys (UNINTELLIGIBLE)

UNIDENTIFIED MALE: There's a member of staff here who's wanting you to stub it out.

CHOI: Some senior police officers believe the new law is unenforceable. But drinkers are being asked to snitch on fellow customers who smoke. There's even a special phone hotline for the purpose.

But the policy chiefly rests on fierce fines covering bars, restaurants and similar venues: 3,000 euro for smoking or owning an outlet where it's permitted. That's around 2,000 pounds.

Irish ministers say the health gains justify such penalties.

UNIDENTIFIED MALE: I'm quite happy that we've made the right decision and that the majority of the Irish people are going in behind that decision.

CHOI (on camera): Coming to the Dublin mountains, the Irish government has 41 smoking spies backed up by hundreds of health inspectors. But can the new law really be enforced here in the countryside?

Well, at Ireland's highest pub, they say no.

Here, they parked a smoker's bus. It's not a workplace, so escapes the new law.

UNIDENTIFIED MALE: It would be very, very difficult to enforce this law. Smokers are also entitled to have their rights as well. So we would have been in favor of a smoking area.

CHOI: But campaigners say the public is on board across Europe to consign all smoky bars to the fog of history.

Chris Choi, ITV News, Dublin.

(END VIDEOTAPE)

PHILLIPS: Well, by the way, apparently a New York smoking ban hasn't choked its business. City analysts report that tax receipts from bars and restaurants increased nearly nine percent after that ban went into effect.

Other news across America this hour.

A net loss for the summer games. Tennis phenom Serena Williams says she may sit out the Athens Olympics if she feels her security is at risk. Unprecedented anti-terror measures are in the works, involving some 50,000 soldiers and police will be there from seven countries. But the FBI acknowledges it's too soon to tell whether security will, indeed, be world class.

Round three of the gay marriage constitutional convention in Boston. Amid rancorous protests from both sides, conventioneers are contemplating a compromise that nobody is happy with. It's a ban on same sex nuptials coupled with a mandate for Vermont-style civil unions.

Voters would still get the final say in November 2006.

And breezing through Bridgeport, Connecticut, it's a whole lot easier today than it was last Friday. The northbound lanes of I-95 are open again for the first time since a tanker truck crashed and burned Thursday.

Southbound lanes due to open this Thursday. And all of these repairs are running well ahead of schedule. I-95 extends from Florida/Maine.

Still ahead, Saddam Hussein is innocent, or so says his lawyer. How will he defend the former Iraqi dictator if he goes to trial? We're going to talk about it.

And body of evidence in the Michael Jackson case. The grand jury gets a look. We're live from the courthouse.

Plus, record highs at the gas station. What's pumping up prices? We'll drive that one home, straight ahead.

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(STOCK REPORT)

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PHILLIPS: Witty storyteller, globetrotting humanitarian and master of characters in languages: all of this describes Oscar-winning actor Peter Ustinov. But he's probably best described as just being himself.

Peter Ustinov has died of heart failure at age 82 in a hospital near his home in Lake Geneva in Switzerland.

CNN's Guy Ross (ph) looks back at his remarkable life.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Peter Ustinov appeared in roles ranging from Emperor Nero to Dr. Samuel Johnson. Over the course of his 60-year career, the actor was nominated four times for Oscars, winning twice, first in 1961 for a supporting role in "Sparticus" and again in 1965, for a role in "Topkapi."

His last major film role was as a doctor in the 1992 film "Lorenzo's Oil."

PETER USTINOV, ACTOR: This science of medicine, you know, it's not like physics. There's no mathematical certainty. And because we deal with human beings who suffer, it can appear heartless.

UNIDENTIFIED MALE: Ustinov was born in London in 1921 to Russian parents. As a boy, he attended an elite private school, but dropped out at 16 to pursue acting.

By the time Ustinov reached the age of 17, he was already appearing on London stages. Within two years he became a professional film actor.

Critics regarded Ustinov as something of a renaissance man, for aside from his acting, he wrote and directed films and plays. Later in life, the actor focused on humanitarian work, serving as a goodwill ambassador for UNICEF.

USTINOV: What I gained is a greater comprehension of the difficulties in this world and also a far greater sense of humanity, which has helped me immensely in my work. So I'm very grateful to UNICEF.

UNIDENTIFIED MALE: In 1990, Ustinov was knighted by Queen Elizabeth for his contribution to British theater.

Peter Ustinov was 82.

Guy Ross (ph), CNN, London.

(END VIDEOTAPE)

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