Return to Transcripts main page

Live From...

Court-Martials vs. Civilian Criminal Court

Aired May 14, 2004 - 13:30   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.


FREDRICKA WHITFIELD, CNN ANCHOR: A look at the top stories. Two hundred and ninety-three prisons have been released from the infamous Abu Ghraib in Baghdad. A U.S. Army spokesman says another 475 prisons are expected to be released next Friday. This is the first mass release since the prisoner abuse scandal surfaced.
One of seven soldiers charged in the Iraqi prison abuse scandal is pointed the finger at fellow military police. Specialist Jeremy Sivits described to investigators that acts by other defendants involving humiliation and physical abuse. Sivits' statement are being called into question by defense attorneys because his cooperation with investigators.

Four boaters who became stranded in rapids on Oregon's Sandy River are back on dry land. Rescuers worked their way down the river to pull them from the 14-foot aluminum boat trapped on a rock wall. They learned of the boater's predicament when one of the four called 911 on a cell phone.

Six months and counting until November 2. And President Bush has his eye on key states that could make or break the presidential election. Today, he pays visits to two that were closely divided in 2000. CNN's Elaine Quijano joins us now from Mequon, Wisconsin where Bush will be delivering a commencement address later on this afternoon -- Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Good afternoon, Fredricka. From a noisy gymnasium here at Concordia University in Mequon, Wisconsin, they're strike striking up the band in preparation for President Bush's visit here a little later on.

But as you said President Bush making two visits in the Midwest today. The first step actually not here in Wisconsin but in Missouri. At this hour, the president is speaking at a GOP fund raiser there. Missouri a key state, of course. A state that he won by a slim margin in 2000. At this hour they say the president is giving that speech at the fund raiser. And officials say he is expected to raise about $2.2 million for the Republican National Committee.

After that, the president will move on here to Wisconsin, a state he narrowly lost in 2000. Now this is the president's second visit here to Wisconsin in just a week. He was here a week ago as part of that bus tour. This time, he will be speaking at the commencement ceremony here at Concordia University.

This university, according to officials, is the largest Lutheran university in North America. A little under 500 students are in this graduating class.

Look for the president to talk about things like service and volunteerism. The president saying just a short time ago in Missouri that he will attempt to address -- to remind graduates that they can make a difference in society by having good hearts.

So look for the president to emphasize his compassionate conservative agenda here. Again, stressing themes like service and volunteerism when he arrives a here at Concordia University a short time from now -- Fredricka.

WHITFIELD: Elaine Quijano. Thanks very much.

Senator John Kerry is in Washington today. A spokesman says Kerry returned early from the campaign swing so he could get up to speed on the Iraqi prisoner abuse scandal. Kerry traveled to Capital Hill last night to look at the Pentagon's collection of images of prisoner abuse. When asked by reporters whether he considered it outrageous, his only response was a nod.

the presumptive Democratic presidential nominee has spent the better part of the week on the road outlining his economic agenda. He is scheduled to address a meeting of international law officers in less than an hour from now.

And as we've mentioned, the U.S. military is beginning the process towards court-martials for several soldiers implicated in the Iraqi prisoner abuse scandal. Joining us to clarify what's ahead is Duke University law professor Scott Silliman, a former attorney for the Air Force. Good to see you, professor.

SCOTT SILLIMAN, DUKE UNIVERSITY LAW PROFESSOR: Good to be with you again, Fredricka.

WHITFIELD: Let's talk about the key differences between a court- martial and civilian criminal court.

SILLIMAN: First of all, one of the obvious differences is, Fredricka, that you've got uniformed officers that will sit as a jury. They will hear the evidence just like a federal criminal court. But when they decide on guilt or innocence, they need only have two thirds majority to convict. And of course that's different from the federal trials where you need a unanimous verdict.

WHITFIELD: In the seven cases we know of right now, we're seeing that there's a difference between a special court-martial and general court-martial. The first one on the 19 is going to be a special. I understand that's more like a misdemeanor. Describe the differences of the misdemeanor and the felony caliber court-martial.

SILLIMAN: Fredricka, a special court-martial is limited in the amount of punishment that a jury can award regardless of the charge. By statute, a special court-martial can only awards up to one year's confinement time. A general court-martial, which we understand will be used for the soldiers, has unlimited punishment up through and including up to death, if the charge so calls for it. So this first case coming up on Wednesday with Sivits, it's a pretty big concession by the Army to limit it to a special court- martial. And that's a very strong indication that he's made a deal with that prosecutors, there's a plea agreement. And of course regardless of what the judge or jury sentences him to, it cannot be more than one year.

WHITFIELD: Would there be expectations there could be other plea deals very similar to what we're now seeing with Sivits?

SILLIMAN: What we're hearing, Fredricka, is that the other accused, the other six who will be facing trial probably by general court-martial, their attorneys are signaling that their defense is that they were just doing what they were told to do either by military intelligence or what they called OGA, some other government agency.

I suspect they're going to be contested cases. And of course, Sivits, because he's pleading guilty, his testimony, because he was supposedly the one taking pictures, will probably be used against the others.

WHITFIELD: When you talk about jail time, we're talking about like in the military brig. People who are convicted of these crimes and are sentenced to jail time would not be put alongside the civilian population in jail.

SILLIMAN: That's correct, Fredricka. You've got military jails and of course the ultimate jail for military is Fort Leavenworth. But it's a separate facility, a separate type of military justice system.

But again, talking about the trials coming up after Sivits, I think they'll want to delay those trials, at least that defense counsel, until after the Fay report comes out. the Fay report is the investigation into what if any involvement military intelligence had. Those defense counselors will want to see that before they deal with their clients.

WHITFIELD: Is it expected, though, there may be something that is similarly been called out in the police force, a code of silence. There may be a very similar code that is pervasive within the U.S. military. And then it might be difficult to ever get the whole story or be able to understand who's finger is being pointed at whom?

SILLIMAN: Fredricka, I think your viewers will agree that General Taguba, who wrote and authored and published that first report that was a result of the congressional hearings or aired before the congressional hearings, very candid, honest, forthright report.

We should expect that the next one by General Fay will be just the same. The Pentagon wants to know what happened, the White House wants to know what happened, the world wants to know what happened. I think we'll have await and see what that report says.

WHITFIELD: On cases like this that are upcoming then, the seven charged, how long are these cases to be played out in this military court? A matter of weeks, months? SILLIMAN: A matter of weeks, Fredricka. The military justice system is a very efficient system. It's meant to be used, it's portable, can be used in wartime situations. You don't have a long period of time between conviction, if there is conviction, and sentencing. Perhaps even a couple of hours. Military defense lawyers have to be prepared to move right from one phase to another.

But again, I don't expect to see these other trials brought to actual courtroom scenes and begin until after the Fay report is released and those defense counsel have a chance to look at it.

WHITFIELD: Professor Scott Silliman of Duke University, thanks very much for joining us and clarifying the differences between a court-martial and civilian criminal courts.

SILLIMAN: Good to be with you, Fredricka.

WHITFIELD: Time now for shout out. How about some help with that right now?

(BEGIN VIDEO CLIP)

(SHOUTING)

(END VIDEO CLIP)

WHITFIELD: You've heard that before. What does it really mean? That's coming up.

Also ahead, a live report from the Preakness.

LOUISE SCHIAVONE, CNNfn CORRESPONDENT: This is Louise Schiavone at Pimlico Racetrack in Baltimore. We'll take a look at the second jewel in horse racing's Triple Crown.

(COMMERCIAL BREAK)

WHITFIELD: Well, it ain't over until it's over, in the NBA Playoffs.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Here they go. They give it to Fisher. He scores!

(END VIDEO CLIP)

WHITFIELD: The Lakers Derek Fisher hit an 18 foot jumper off an inbounds pass with four-tenths of a second to go, to beat the Spurs 74-73 last night in San Antonio. The play followed a spectacular shot by the Spurs' Tim Duncan, that at the time seemed to seal victory for the Spurs. The Lakers lead the best of seven series three games to two.

The second leg of the Triple Crown is up for grabs tomorrow at the Preakness, and all eyes will be on Kentucky Derby winner Smarty Jones.

Louise Schiavone joins us live from Baltimore with the anticipation on that -- Louise.

LOUISE SCHIAVONE, CNN CORRESPONDENT: Hi, Fredricka.

Right now, I'm standing outside the stables outside the stables at Pimlico Racetrack in Baltimore. This is where the contenders for the Preakness, the contest tomorrow, which involves 3-year-old thoroughbreds, is going to take place.

Currently, the horses are in their stalls. The early contenders took a breeze around the track just a few hours ago. Right now, it's very, very hot, so they're chilling out in their shaded stalls, have been hosed down a little bit. And currently, the oddsmakers are at work. Betting so far has been brisk, so far, among oddsmakers, based on performance and popularity, Kentucky Derby winner Smarty Jones is the favorite. The odds currently are 6-5 on Smarty Jones.

And right behind Smarty Jones is Lionheart, then comes Imperialism and Rock Hard Ted. The field interesting enough, Frederick, is down to 10 contenders. Trainer Nick Zito just this morning pulled Cliff's Edge out of contention. Cliff's Edge was suffering some inflammation and an abscess in his hoof. And the trainer, Nick Zito, decided it would probably be best to pull that horse out of contention, because the run tomorrow probably wouldn't be very profitable.

The purse here is $1 million. That's just for the Preakness stake. But of course the goal is to win the Triple Crown. Smarty Jones, as you know, took the Kentucky Derby. If Smarty Jones takes this purse tomorrow, he's one step closer to taking the Triple Clown. That's going to -- the third leg is going to be held at Belmont in New York next month. The purse for that is $5 million.

But you know, it's not very easy to win the Triple Crown. The last horse to take it was Affirmed in 1978. Before that, was Secretariat in 1973. Last year, we saw Funny Side, which was sort of a hometown Cinderella favorite. Funny Side won the Kentucky Derby, tool the Preakness, and was not able to do it at Belmont. We'll see if Smarty Jones can take the Preakness tomorrow, and then go on to the Belmont.

Of course it's anybody's guess how it's going to turn out. That's why they call it a horse race, Fredricka.

WHITFIELD: That's right, the fingers will be crossed.

All right, thanks a lot, Louise Schiavone, at Pimlico.

From the barracks to the firehouse, it's a catch-all phrase. Huah-hoopla is coming up.

Also ahead, the latest from Wall Street.

(COMMERCIAL BREAK) WHITFIELD: Well, lately, there's been a lot of hoopla about one of the military's favorite words, or sounds.

CNN's Jeanne Moos investigates the all-purpose shouts.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): Interrupted by applause. Whoop!

He was interrupted by "huah."

DONALD RUMSFELD, SECRETARY OF DEFENSE: We're glad you're up there as well.

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

MOOS: The secretary and the general...

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

MOOS: ... were showered with more than 30 "huahs"!

GEN. RICHARD MYERS, CHAIRMAN, JOINT CHIEFS OF STAFF: How many Reservists in here or Guardsmen?

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

MOOS: A military exclamation, they say, means everything and anything except no.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: And my first chance as president to say "huah"!

MOOS: A writer who spent four years at West Point studying modern military culture calls "huah" an all-purpose word.

DAVID LIPSKY, AUTHOR, "ABSOLUTELY AMERICAN": Every language has one word you can't do without. Like on "The Sopranos" you couldn't deal -- you couldn't go without fuhgeddaboudit.

MOOS: You can forget about the origin of "huah." No one seems sure.

(on camera) They can't decide how to spell the word.

(voice-over) Let alone pronounce it.

UNIDENTIFIED MALE: Huah! Huah! Huah!

UNIDENTIFIED MALE: Huah! Huah! Huah!

UNIDENTIFIED MALE: Huah! Huah! Huah!

MOOS: The New York Fire Department seems to have borrowed the Marine pronunciation.

The Army says it differently.

UNIDENTIFIED MALE: Give me a "huah" to shake the marble.

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

MOOS: There's even a "Hooah!" energy bar in flavors ranging from raspberry to peanut butter.

LIPSKY: If you say something is "huah," it's the best compliment you can give them in the Army.

MOOS: Once in a while you hear a lonely "huah."

RUMSFELD: He's from Kansas, right?

UNIDENTIFIED MALE: Huah!

RUMSFELD: How many from Illinois here!

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

RUMSFELD: Yes! Now you're talking!

MOOS: And then there's Al Pacino's scent of a "huah."

AL PACINO, ACTOR: Huah!

LIPSKY: I think it reflects the magical power of that word, that you can say -- that it eventually won an Academy Award. That's the power of "huah."

MOOS (on camera): It sounds like a lot of hooey to me.

Jeanne Moos, CNN...

PACINO: Huah!

MOOS: ... New York.

(END VIDEOTAPE)

WHITFIELD: Well, it was no laughing matter for Jimmy Kimmel. The show must go on, however, no matter how big your head is. Kimmel said it was too many Advils that made his face blow up like a balloon during the taping of his ABC show "Jimmy Kimmel Live," Wednesday night. By the end of the hour, the late comedian's eyes were swollen nearly shut. Kimmel went to an emergency room as soon as he was done, and was treated for an allergic reaction. He's doing just fine now.

"Frazier" fans bit a fond farewell to the long-running NBC sitcom. When last night's two-hour send off was over, Niles and Daphne had a son, Frazier's dad Martin was married, and Frazier was Chicago-bound, presumably, to follow the love of his life, Charlotte. "Frazier" ran for 11 seasons, 264 episodes and won 31 Emmys.

Well, startling increases in college tuition are leaving low- income students with growing levels of debt by the time they graduate. The federal Pell Grant program for low income students has had few adjustments since it began in 1975. And now, there are increasing calls for the program to keep pace with rising tuition.

CNN's Lisa Sylvester reports.

(BEGIN VIDEOTAPE)

LISA SYLVESTER, CNN CORRESPONDENT (voice-over): Luis Torres is a junior at Georgetown where the room and board is more than $42,000 a year. He's receiving the maximum Federal Pell Grant of just over $4,000 a year. It barely makes a dent.

LUIS TORRES, JUNIOR, GEORGETOWN UNIVERSITY: I have a work study job. I tutor. I do as much as I can to bring in extra income.

SYLVESTER: Two decades ago the average Pell Grant covered 84 percent of the cost of attending a four-year public or college university. Today it's lucky if it covers 40 percent of the costs.

SANDY BAUM, SKIDMORE COLLEGE: Unfortunately there are students not going to college or not enrolling in a four-year college or college of their choice because of inadequate recourses.

SYLVESTER (on camera): Pell Grants have not kept up with inflation. At the same time, tuition rates have soared. To make up the difference, more students are borrowing money.

(voice-over): According to a survey by student loan company Nellie Mae, a graduate will have $19,000 in debt, up 66 percent since 1997. A new Jersey Senator Corzine is fighting to expand Pell Grant aid.

SEN. JON CORZINE (D), NEW JERSEY: It is important to America's economy. It's also important to have that upward mobility that's been a part of the American promise.

SYLVESTER: Luis Torres hopes to have a master's degree in sociology, and teach or work for the government he's finding good grades are not enough if he doesn't have money to pay for college.

Lisa Sylvester, CNN, Washington.

(END VIDEOTAPE)

(BUSINESS UPDATE)

WHITFIELD: And also coming up in the next hour of LIVE FROM: feeling the pinch at the pump? Looking for an alternative? Maybe you should be looking at hybrids. We'll talk to an expert as LIVE FROM rolls on.

(COMMERCIAL BREAK)

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 May 14, 2004 - 13:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: A look at the top stories. Two hundred and ninety-three prisons have been released from the infamous Abu Ghraib in Baghdad. A U.S. Army spokesman says another 475 prisons are expected to be released next Friday. This is the first mass release since the prisoner abuse scandal surfaced.
One of seven soldiers charged in the Iraqi prison abuse scandal is pointed the finger at fellow military police. Specialist Jeremy Sivits described to investigators that acts by other defendants involving humiliation and physical abuse. Sivits' statement are being called into question by defense attorneys because his cooperation with investigators.

Four boaters who became stranded in rapids on Oregon's Sandy River are back on dry land. Rescuers worked their way down the river to pull them from the 14-foot aluminum boat trapped on a rock wall. They learned of the boater's predicament when one of the four called 911 on a cell phone.

Six months and counting until November 2. And President Bush has his eye on key states that could make or break the presidential election. Today, he pays visits to two that were closely divided in 2000. CNN's Elaine Quijano joins us now from Mequon, Wisconsin where Bush will be delivering a commencement address later on this afternoon -- Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Good afternoon, Fredricka. From a noisy gymnasium here at Concordia University in Mequon, Wisconsin, they're strike striking up the band in preparation for President Bush's visit here a little later on.

But as you said President Bush making two visits in the Midwest today. The first step actually not here in Wisconsin but in Missouri. At this hour, the president is speaking at a GOP fund raiser there. Missouri a key state, of course. A state that he won by a slim margin in 2000. At this hour they say the president is giving that speech at the fund raiser. And officials say he is expected to raise about $2.2 million for the Republican National Committee.

After that, the president will move on here to Wisconsin, a state he narrowly lost in 2000. Now this is the president's second visit here to Wisconsin in just a week. He was here a week ago as part of that bus tour. This time, he will be speaking at the commencement ceremony here at Concordia University.

This university, according to officials, is the largest Lutheran university in North America. A little under 500 students are in this graduating class.

Look for the president to talk about things like service and volunteerism. The president saying just a short time ago in Missouri that he will attempt to address -- to remind graduates that they can make a difference in society by having good hearts.

So look for the president to emphasize his compassionate conservative agenda here. Again, stressing themes like service and volunteerism when he arrives a here at Concordia University a short time from now -- Fredricka.

WHITFIELD: Elaine Quijano. Thanks very much.

Senator John Kerry is in Washington today. A spokesman says Kerry returned early from the campaign swing so he could get up to speed on the Iraqi prisoner abuse scandal. Kerry traveled to Capital Hill last night to look at the Pentagon's collection of images of prisoner abuse. When asked by reporters whether he considered it outrageous, his only response was a nod.

the presumptive Democratic presidential nominee has spent the better part of the week on the road outlining his economic agenda. He is scheduled to address a meeting of international law officers in less than an hour from now.

And as we've mentioned, the U.S. military is beginning the process towards court-martials for several soldiers implicated in the Iraqi prisoner abuse scandal. Joining us to clarify what's ahead is Duke University law professor Scott Silliman, a former attorney for the Air Force. Good to see you, professor.

SCOTT SILLIMAN, DUKE UNIVERSITY LAW PROFESSOR: Good to be with you again, Fredricka.

WHITFIELD: Let's talk about the key differences between a court- martial and civilian criminal court.

SILLIMAN: First of all, one of the obvious differences is, Fredricka, that you've got uniformed officers that will sit as a jury. They will hear the evidence just like a federal criminal court. But when they decide on guilt or innocence, they need only have two thirds majority to convict. And of course that's different from the federal trials where you need a unanimous verdict.

WHITFIELD: In the seven cases we know of right now, we're seeing that there's a difference between a special court-martial and general court-martial. The first one on the 19 is going to be a special. I understand that's more like a misdemeanor. Describe the differences of the misdemeanor and the felony caliber court-martial.

SILLIMAN: Fredricka, a special court-martial is limited in the amount of punishment that a jury can award regardless of the charge. By statute, a special court-martial can only awards up to one year's confinement time. A general court-martial, which we understand will be used for the soldiers, has unlimited punishment up through and including up to death, if the charge so calls for it. So this first case coming up on Wednesday with Sivits, it's a pretty big concession by the Army to limit it to a special court- martial. And that's a very strong indication that he's made a deal with that prosecutors, there's a plea agreement. And of course regardless of what the judge or jury sentences him to, it cannot be more than one year.

WHITFIELD: Would there be expectations there could be other plea deals very similar to what we're now seeing with Sivits?

SILLIMAN: What we're hearing, Fredricka, is that the other accused, the other six who will be facing trial probably by general court-martial, their attorneys are signaling that their defense is that they were just doing what they were told to do either by military intelligence or what they called OGA, some other government agency.

I suspect they're going to be contested cases. And of course, Sivits, because he's pleading guilty, his testimony, because he was supposedly the one taking pictures, will probably be used against the others.

WHITFIELD: When you talk about jail time, we're talking about like in the military brig. People who are convicted of these crimes and are sentenced to jail time would not be put alongside the civilian population in jail.

SILLIMAN: That's correct, Fredricka. You've got military jails and of course the ultimate jail for military is Fort Leavenworth. But it's a separate facility, a separate type of military justice system.

But again, talking about the trials coming up after Sivits, I think they'll want to delay those trials, at least that defense counsel, until after the Fay report comes out. the Fay report is the investigation into what if any involvement military intelligence had. Those defense counselors will want to see that before they deal with their clients.

WHITFIELD: Is it expected, though, there may be something that is similarly been called out in the police force, a code of silence. There may be a very similar code that is pervasive within the U.S. military. And then it might be difficult to ever get the whole story or be able to understand who's finger is being pointed at whom?

SILLIMAN: Fredricka, I think your viewers will agree that General Taguba, who wrote and authored and published that first report that was a result of the congressional hearings or aired before the congressional hearings, very candid, honest, forthright report.

We should expect that the next one by General Fay will be just the same. The Pentagon wants to know what happened, the White House wants to know what happened, the world wants to know what happened. I think we'll have await and see what that report says.

WHITFIELD: On cases like this that are upcoming then, the seven charged, how long are these cases to be played out in this military court? A matter of weeks, months? SILLIMAN: A matter of weeks, Fredricka. The military justice system is a very efficient system. It's meant to be used, it's portable, can be used in wartime situations. You don't have a long period of time between conviction, if there is conviction, and sentencing. Perhaps even a couple of hours. Military defense lawyers have to be prepared to move right from one phase to another.

But again, I don't expect to see these other trials brought to actual courtroom scenes and begin until after the Fay report is released and those defense counsel have a chance to look at it.

WHITFIELD: Professor Scott Silliman of Duke University, thanks very much for joining us and clarifying the differences between a court-martial and civilian criminal courts.

SILLIMAN: Good to be with you, Fredricka.

WHITFIELD: Time now for shout out. How about some help with that right now?

(BEGIN VIDEO CLIP)

(SHOUTING)

(END VIDEO CLIP)

WHITFIELD: You've heard that before. What does it really mean? That's coming up.

Also ahead, a live report from the Preakness.

LOUISE SCHIAVONE, CNNfn CORRESPONDENT: This is Louise Schiavone at Pimlico Racetrack in Baltimore. We'll take a look at the second jewel in horse racing's Triple Crown.

(COMMERCIAL BREAK)

WHITFIELD: Well, it ain't over until it's over, in the NBA Playoffs.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Here they go. They give it to Fisher. He scores!

(END VIDEO CLIP)

WHITFIELD: The Lakers Derek Fisher hit an 18 foot jumper off an inbounds pass with four-tenths of a second to go, to beat the Spurs 74-73 last night in San Antonio. The play followed a spectacular shot by the Spurs' Tim Duncan, that at the time seemed to seal victory for the Spurs. The Lakers lead the best of seven series three games to two.

The second leg of the Triple Crown is up for grabs tomorrow at the Preakness, and all eyes will be on Kentucky Derby winner Smarty Jones.

Louise Schiavone joins us live from Baltimore with the anticipation on that -- Louise.

LOUISE SCHIAVONE, CNN CORRESPONDENT: Hi, Fredricka.

Right now, I'm standing outside the stables outside the stables at Pimlico Racetrack in Baltimore. This is where the contenders for the Preakness, the contest tomorrow, which involves 3-year-old thoroughbreds, is going to take place.

Currently, the horses are in their stalls. The early contenders took a breeze around the track just a few hours ago. Right now, it's very, very hot, so they're chilling out in their shaded stalls, have been hosed down a little bit. And currently, the oddsmakers are at work. Betting so far has been brisk, so far, among oddsmakers, based on performance and popularity, Kentucky Derby winner Smarty Jones is the favorite. The odds currently are 6-5 on Smarty Jones.

And right behind Smarty Jones is Lionheart, then comes Imperialism and Rock Hard Ted. The field interesting enough, Frederick, is down to 10 contenders. Trainer Nick Zito just this morning pulled Cliff's Edge out of contention. Cliff's Edge was suffering some inflammation and an abscess in his hoof. And the trainer, Nick Zito, decided it would probably be best to pull that horse out of contention, because the run tomorrow probably wouldn't be very profitable.

The purse here is $1 million. That's just for the Preakness stake. But of course the goal is to win the Triple Crown. Smarty Jones, as you know, took the Kentucky Derby. If Smarty Jones takes this purse tomorrow, he's one step closer to taking the Triple Clown. That's going to -- the third leg is going to be held at Belmont in New York next month. The purse for that is $5 million.

But you know, it's not very easy to win the Triple Crown. The last horse to take it was Affirmed in 1978. Before that, was Secretariat in 1973. Last year, we saw Funny Side, which was sort of a hometown Cinderella favorite. Funny Side won the Kentucky Derby, tool the Preakness, and was not able to do it at Belmont. We'll see if Smarty Jones can take the Preakness tomorrow, and then go on to the Belmont.

Of course it's anybody's guess how it's going to turn out. That's why they call it a horse race, Fredricka.

WHITFIELD: That's right, the fingers will be crossed.

All right, thanks a lot, Louise Schiavone, at Pimlico.

From the barracks to the firehouse, it's a catch-all phrase. Huah-hoopla is coming up.

Also ahead, the latest from Wall Street.

(COMMERCIAL BREAK) WHITFIELD: Well, lately, there's been a lot of hoopla about one of the military's favorite words, or sounds.

CNN's Jeanne Moos investigates the all-purpose shouts.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): Interrupted by applause. Whoop!

He was interrupted by "huah."

DONALD RUMSFELD, SECRETARY OF DEFENSE: We're glad you're up there as well.

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

MOOS: The secretary and the general...

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

MOOS: ... were showered with more than 30 "huahs"!

GEN. RICHARD MYERS, CHAIRMAN, JOINT CHIEFS OF STAFF: How many Reservists in here or Guardsmen?

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

MOOS: A military exclamation, they say, means everything and anything except no.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: And my first chance as president to say "huah"!

MOOS: A writer who spent four years at West Point studying modern military culture calls "huah" an all-purpose word.

DAVID LIPSKY, AUTHOR, "ABSOLUTELY AMERICAN": Every language has one word you can't do without. Like on "The Sopranos" you couldn't deal -- you couldn't go without fuhgeddaboudit.

MOOS: You can forget about the origin of "huah." No one seems sure.

(on camera) They can't decide how to spell the word.

(voice-over) Let alone pronounce it.

UNIDENTIFIED MALE: Huah! Huah! Huah!

UNIDENTIFIED MALE: Huah! Huah! Huah!

UNIDENTIFIED MALE: Huah! Huah! Huah!

MOOS: The New York Fire Department seems to have borrowed the Marine pronunciation.

The Army says it differently.

UNIDENTIFIED MALE: Give me a "huah" to shake the marble.

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

MOOS: There's even a "Hooah!" energy bar in flavors ranging from raspberry to peanut butter.

LIPSKY: If you say something is "huah," it's the best compliment you can give them in the Army.

MOOS: Once in a while you hear a lonely "huah."

RUMSFELD: He's from Kansas, right?

UNIDENTIFIED MALE: Huah!

RUMSFELD: How many from Illinois here!

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

UNIDENTIFIED MALE: Huah!

RUMSFELD: Yes! Now you're talking!

MOOS: And then there's Al Pacino's scent of a "huah."

AL PACINO, ACTOR: Huah!

LIPSKY: I think it reflects the magical power of that word, that you can say -- that it eventually won an Academy Award. That's the power of "huah."

MOOS (on camera): It sounds like a lot of hooey to me.

Jeanne Moos, CNN...

PACINO: Huah!

MOOS: ... New York.

(END VIDEOTAPE)

WHITFIELD: Well, it was no laughing matter for Jimmy Kimmel. The show must go on, however, no matter how big your head is. Kimmel said it was too many Advils that made his face blow up like a balloon during the taping of his ABC show "Jimmy Kimmel Live," Wednesday night. By the end of the hour, the late comedian's eyes were swollen nearly shut. Kimmel went to an emergency room as soon as he was done, and was treated for an allergic reaction. He's doing just fine now.

"Frazier" fans bit a fond farewell to the long-running NBC sitcom. When last night's two-hour send off was over, Niles and Daphne had a son, Frazier's dad Martin was married, and Frazier was Chicago-bound, presumably, to follow the love of his life, Charlotte. "Frazier" ran for 11 seasons, 264 episodes and won 31 Emmys.

Well, startling increases in college tuition are leaving low- income students with growing levels of debt by the time they graduate. The federal Pell Grant program for low income students has had few adjustments since it began in 1975. And now, there are increasing calls for the program to keep pace with rising tuition.

CNN's Lisa Sylvester reports.

(BEGIN VIDEOTAPE)

LISA SYLVESTER, CNN CORRESPONDENT (voice-over): Luis Torres is a junior at Georgetown where the room and board is more than $42,000 a year. He's receiving the maximum Federal Pell Grant of just over $4,000 a year. It barely makes a dent.

LUIS TORRES, JUNIOR, GEORGETOWN UNIVERSITY: I have a work study job. I tutor. I do as much as I can to bring in extra income.

SYLVESTER: Two decades ago the average Pell Grant covered 84 percent of the cost of attending a four-year public or college university. Today it's lucky if it covers 40 percent of the costs.

SANDY BAUM, SKIDMORE COLLEGE: Unfortunately there are students not going to college or not enrolling in a four-year college or college of their choice because of inadequate recourses.

SYLVESTER (on camera): Pell Grants have not kept up with inflation. At the same time, tuition rates have soared. To make up the difference, more students are borrowing money.

(voice-over): According to a survey by student loan company Nellie Mae, a graduate will have $19,000 in debt, up 66 percent since 1997. A new Jersey Senator Corzine is fighting to expand Pell Grant aid.

SEN. JON CORZINE (D), NEW JERSEY: It is important to America's economy. It's also important to have that upward mobility that's been a part of the American promise.

SYLVESTER: Luis Torres hopes to have a master's degree in sociology, and teach or work for the government he's finding good grades are not enough if he doesn't have money to pay for college.

Lisa Sylvester, CNN, Washington.

(END VIDEOTAPE)

(BUSINESS UPDATE)

WHITFIELD: And also coming up in the next hour of LIVE FROM: feeling the pinch at the pump? Looking for an alternative? Maybe you should be looking at hybrids. We'll talk to an expert as LIVE FROM rolls on.

(COMMERCIAL BREAK)

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