Return to Transcripts main page

Live From...

Al Qaeda Recon Still Viable?; Statue of Liberty Reopens

Aired August 03, 2004 - 15:00   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: Old? Maybe. Stale? Definitely not.
Two days into code orange at financial sites that had been cased by al Qaeda, homeland security officials say the three- or even four- year-old surveillance doesn't make the threat any smaller.

CNN's Deborah Feyerick has the latest now from New York -- Deb.

DEBORAH FEYERICK, CNN CORRESPONDENT: Well, Kyra, there are armed guards all over New York City patrolling financial institutions. This morning, the head of Homeland Security, Tom Ridge, met with senior executives, as well as their security directors, to talk about the latest intelligence and to reassure them the government is doing everything that it possibly can.

Now, Tom Ridge also defended the quality of the intelligence. He said that, while some of it is two to three years old, there is some as recent as January, which shows that terror operatives were scouting different locations and updating details of possible targets. Secretary Ridge that there are some terror operatives, he believes, who might be in the United States, and though they don't have hard information on that, that is the assumption they're working under.

(BEGIN VIDEO CLIP)

TOM RIDGE, HOMELAND SECURITY SECRETARY: We just assume that there are operatives here. Obviously, the law enforcement community has their eyes on people they believe are connected or sympathetic to the cause. But we don't have the luxury of waiting to identify somebody coming across the border. We just have to accept for our planning and preparation purposes the notion that they're here, they're looking to attack us, and we need to do everything we can every single day to try to detect, deter and prepare for it.

(END VIDEO CLIP)

FEYERICK: Missing in the latest intelligence is the timing of possible attacks. But Secretary Ridge said there is concern about the Republican National Convention in New York in late August. He said that al Qaeda has expressed its intentions to disrupt the democratic process, saying that there's no indication whether this means just up to the elections or before or after.

So that's one of the things that authorities right now are wrestling with. The homeland security secretary was asked, is this just political? He said it's certainly not about politics. It's about making sure that the public informed -- Kyra. PHILLIPS: All right, Deb Feyerick, thank you so much.

Well, do it right or don't do it at all. That's what one 9/11 Commission member is telling a House panel today. In fact, both House and Senate panels are holding hearings today.

Joe Johns is there -- Joe.

JOE JOHNS, CNN CAPITOL HILL CORRESPONDENT: Kyra, August obviously is one of the slowest months on Capitol Hill. But it hasn't been that way today. In fact, two hearing rooms have been very busy.

One hearing room over on the House side has been open for business for more than five hours. So far, the focus, of course, on the September 11 Commission recommendations, including that proposal to create a director of national intelligence. Timing, of course, is a key issue. Representatives of the families of September 11, victims testifying this afternoon, trying to keep the pressure on.

(BEGIN VIDEO CLIP)

ROBIN WIENER, SISTER OF SEPTEMBER 11 VICTIM: We, the families, challenge the members of this committee and all members of Congress to recognize that the unprecedented terrorist attacks of September 11 demands an unprecedented effort on the part of Congress that will require streamlining the committee process and exceptional coordination between the House and Senate, as well as coordination and communication with the administration.

We challenge you to provide the American people with a timetable that Congress is prepared to follow to implement this report. And, lastly, we challenge you to put aside turf battles and partisan rivalries and act quickly to do everything that must be done to reduce our vulnerability to another terrorist attack.

(END VIDEO CLIP)

JOHNS: Pressure is also coming from members of the 9/11 Commission, including John Lehman and Bob Kerrey, Kerrey leveling criminal today, early criticism directed at the secretary of defense.

(BEGIN VIDEO CLIP)

BOB KERREY, FORMER U.S. SENATOR: I know that Secretary Rumsfeld is going to oppose this. And if they win one more time, if DOD wins one more time, the next time there's a dustup and there's a failure, don't call the director of central intelligence up here. Kick the crap out of DOD.

(END VIDEO CLIP)

JOHNS: Now, the secretary of defense, Donald Rumsfeld, has said he hasn't fully focused on these recommendations. However, CNN has been told that privately he has been concerned that the recommendations might end up creating another bureaucracy, instead of breaking down the one that already exists in the intelligence community -- Kyra, back to you.

PHILLIPS: Joe Johns live from the Hill -- thanks, Joe.

Intriguing testimony and an unexplained delay in a military hearing for the woman at the center of the Abu Ghraib prisoner abuse scandal.

CNN national correspondent, once again, Bob Franken, fills us in from Fort Bragg, North Carolina -- hi, Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Hello.

Well, the delay is over. The hearing has resumed. Now the unexplained development is Lynndie England is not attending the afternoon session. We'll try and find out later why that is the case. We'll point out that she is seven months pregnant. She's also facing 19 charges that could bring a potential 38 years in prison. This is the pretrial in effect that they call the Article 32 hearing in the military.

It's to determine which if any of these charges will go forward to court-martial. And the testimony is slow-going. They're going to only get through two of the four witnesses they had scheduled today, both of them investigators. The first one, the lead investigator, Paul Arthur, told the hearing that Lynndie England had told him when the investigation began that the treatment of Iraqi prisoners was -- quote -- "just for fun." They were joking around, he quotes her as saying.

Of course, this has become an international controversy, Lynndie England right in the middle of it, Lynndie England best known for the photograph of her holding a leash. She said she did so at the behest of Corporal Charles Graner. Graner is charged with being one of the instigators of this. He is also identified as the father of Lynndie England's baby.

Now, part of the testimony involved some explicit photographs, sexually explicit photographs that investigators say were what led to the charges of indecent acts that also face Lynndie England. Her lawyer says that is off the point.

(BEGIN VIDEO CLIP)

RICHARD HERNANDEZ, ATTORNEY FOR LYNNDIE ENGLAND: One thing we want to make absolutely clear is that these photographs that they intend to use for the new charges have absolutely nothing to do with prisoner abuse scandal or Iraqi detainees. They're intimate photos of a young girl with her boyfriend at the time, another soldier. And these photographs are just intimate photographs. They're not something that had anything to do with prisoner abuse.

(END VIDEO CLIP)

FRANKEN: Now, the fundamental argument the defense attorneys are making is that Lynndie England was only doing what she was told to do. One of the investigators was asked by the prosecutors -- quote -- "Did she ever say she was not a willing participant?" Her answer, according to the investigator, "At no time did she ever say that."

These are hearings that are scheduled to go through 25 witnesses. Already, things have slowed down. There have been private conversations with the lawyers. And we have no idea, of course, what goes on in those behind-the-scenes conversations -- Kyra.

PHILLIPS: Well, Bob, if found guilty, what's her fate?

FRANKEN: Well, her fate would be, the potential, as I said, for 38 years in prison and a dishonorable discharge. But it's a long way before we get to that point. And when I say 38 years, that is the maximum. And as we've found out, in the judicial system, civilian or military, rarely is the maximum imposed.

PHILLIPS: Bob Franken at Fort Bragg -- thanks, Bob.

Back in Iraq, another deadly day for Iraqis and Americans. Four more U.S. troops were killed, two fighting around Fallujah, two more in Baghdad. Also in the capital, an Iraqi police official on patrol was killed by a roadside bomb. In Baquba, four Iraqi National Guard members died and six were wounded when a car bomb exploded at a checkpoint. Just last week, another car bombing rocked the same checkpoint.

Hurricane Alex is paying a visit to the Outer Banks of North Carolina right now, but most residents haven't even bothered to board up their homes.

CNN's Jacqui Jeras is keeping an eye on the fast-moving storm.

I guess they know when it gets really bad, Jacqui, right?

JACQUI JERAS, CNN METEOROLOGIST: Yes. Exactly.

In fact, I got a call from a gal named Janel (ph), who is out on Ocracoke Island. And they're just sitting there surrounded by water. She said the entire island, which is about 14 miles wide, by the way, is covered in about four feet of water, that the ferries aren't running and all their roads are washed out. So those folks are stuck with it.

The eye wall moved over Ocracoke Island and also over towards Cape Hatteras. And you can see the eye itself is now off to the east. This is now pulling away from the shoreline. So the worst of the weather is over with. But we still have another couple of hours to go with some very strong winds.

Now, the center of the storm is about 30 miles to the east- northeast of Cape Hatteras. And hurricane-force winds only extend out about 25 miles. So that's good news. It looks like the hurricane- force winds are pulling out of there. And you're going to be dealing with tropical storm-force winds, though, still, because they extend out about 105 miles away from the storm.

Maximum sustained winds at the top of the hour, just updated, still holding at 100 miles per hour. So even though we're getting a little interaction here with the coastline, we're not looking at this weakening yet. In fact, we may see some minor strengthening even before we see this downgraded tomorrow I think to a tropical storm. You can see rain showers trying to make their way up toward the Delmarva and up into New Jersey. But most of the heavy rain showers into the Northeast are staying well offshore, so no big concerns here.

But another thing to keep in mind, the seas really swelling quite a bit. And for those of you who have Marine interests, some of the seas are going to be up to about 20 feet. So that's pretty significant.

Forecast track here, what we're expecting is this to continue on a northeasterly turn. And it should be moving out to sea then by here Wednesday, should be downgraded. So really, even by tonight, by the time you go to bed tonight, take a deep breath, because this is going to be over and done with. Still going to see a threat of rip currents, however, and then the marine interests for tomorrow.

Another thing that we're going to have to watch for tomorrow, Kyra, is potentially another tropical storm. This is tropical depression No. 2, east of the Leeward Islands. It could become Bonnie by tomorrow -- Kyra.

PHILLIPS: Jacqui Jeras, thank you.

Well, give me your tired, your poor, your tourists anxious to get a closer look. The Statue of Liberty takes down the do-not-disturb sign after a post-September 11 makeover. A live report just ahead.

Billionaire boss Donald Trump gets a new racket. Details straight ahead.

How many times did your mom tell you to be nice? Find out why you should have listened. You better listen. Are you listening?

(COMMERCIAL BREAK)

PHILLIPS: Nobody home at the International Space Station. The spacecraft was left vacant for several hours this morning while both astronauts worked on the exterior. They're getting ready for a new model of cargo ships the will begin delivering supplies next year.

Next stop, Mercury. NASA hopes Messenger will become the first spacecraft ever to orbit the planet. Messenger left early this morning from Florida and won't reach its destination for about six years. Mercury is closest to the sun and is considered the least understood of the planets.

How was that, Miles? I hope you were watching.

We're going to take a quick break. We'll be right back.

(COMMERCIAL BREAK)

PHILLIPS: Lady Liberty is finally welcoming back the huddled masses. For the first time since the 9/11 attacks, tourists are visiting at least part of the Statue of Liberty.

CNN's Alina Cho is nearby on Ellis Island -- Alina.

ALINA CHO, CNN CORRESPONDENT: Kyra, good to see you.

Yes, the Statue of Liberty, as you know, is one of the most famous, one of the most recognizable monuments in the world. And it holds one more distinction today. It is the last major U.S. landmark to reopen after September 11. And visitors didn't waste any time getting a peek inside.

Important to note that Lady Liberty is only partially open. Visitors can go inside the base, but they cannot go up into the statue itself. Now, what you will see inside the museum is the original torch, and also 10 stories up there is an observation deck, where, of course, you will get a close-up look at Lady Liberty, as well as sweeping views of Manhattan.

Now, one other interesting note, there is a glass ceiling where you can actually look up into the statue's structure. But once again, you cannot go inside the statue itself. Therefore, you cannot climb up the 354 steps to the crown, as you could prior to 9/11. That all remains closed, primarily for safety reasons. Nonetheless, New York's governor said today's reopening sends a message to the world that freedom is alive.

(BEGIN VIDEO CLIP)

MICHAEL BLOOMBERG (R), MAYOR OF NEW YORK: Today, people will have the opportunity for the first time in almost three years to walk into the tower and see the statue from the inside. But throughout the days of September 11 and thereafter, that torch shined brightly for the people of New York, the people of America, and the people of the world. It never diminished. It never went out. It never will.

(END VIDEO CLIP)

CHO: That sentiment was echoed by Interior Secretary Gale Norton today, who said, despite the fact that the statue is only partially reopened, terrorism did not win today. She said safety won. And I can tell you, Kyra, that a lot of visitors we spoke to seem to agree.

PHILLIPS: Beautiful pictures. Alina Cho, thank you so much.

Well, the news around the world now, starting in Australia, where the government is paying a baby bonus in a bid to boost the birth rate. The amount, $2,100. Some women who were planning C-sections in June delayed that procedure until after the bonuses kick in on July 1.

On your mark, get said, mow. I mean go. The 12-annual lawn mower race in rural England; 35 teams battled day and night. This year's event was nicknamed Weapons of Grass Destruction.

On a less frantic note, well, we go to rooftops in Rome. Dozens of doves, pigeons were released -- I can imagine they released a number of other things -- carrying messages, though, of hope and peace, the Olympic Games in Athens.

Finally this hour, you may nag your kids not to watch a lot of television, but a boy in Freeport, Texas, can honestly say TV saved his life.

Amy Tortolani from our Houston affiliate KHOU has a story with quick wit and nerves of steel.

(BEGIN VIDEOTAPE)

AARON PEREZ, ATTACKED BY SHARK: I think it's cool.

AMY TORTOLANI, KHOU REPORTER (voice-over): At 11 years old, Aaron Perez is an accomplished fisherman, not because of what he's caught, but because of what caught him.

A. PEREZ: I was in the water fishing with my dad and we -- there was a bunch, a school, of fish; and they all moved in and I caught one and I turned around to tell my dad. And when I did that, a shark just started biting my arm.

TORTOLANI: It happened off of Brine Beach in Freeport. And Perez tells us he frantically started hitting the six to seven-foot long shark in the gills. The shark let go of his arm only to clench down on his leg.

His dad and a family friend beat the shark off with their fishing rods.

BLAS PEREZ, AARON'S FATHER: I didn't see the head of the shark, it was on Aaron's side. The shark was way bigger than me. And it was a goldish, yellowish, sandish tint on top and grayish on the bottom. And you've seen the movie jaws. That's what it looked like.

TORTOLANI: Now eight days after the attack, Aaron Perez has two words to describe this shark.

A. PEREZ: Big and ugly.

TORTOLANI: Doctors tell us they successfully attached his right forearm and recovery is already way ahead of schedule.

DR. EMMANUEL MELISSINOS, SURGEON: We have started already to move his fingers with gently, passive range of motion. And then the next stage will be to let him do more and take it a day at a time.

TORTOLANI: Perez is already thinking about his future and it includes fishing. But the next time, he says, he'll have his eyes on something a bit bigger than your average fish, something about six or seven feet long and you can say, this fisherman is even giving a warning.

A. PEREZ: I'm going to get him.

Amy Tortolani, 11 News.

(END VIDEOTAPE)

PHILLIPS: What a cutey pie.

Well, from politics to punchlines, former President Clinton may be set to America laugh -- or make America laugh. We're ready for prime time on LIVE FROM.

And how does this title sound for a new television show, "Anyone But Martha"? Martha Stewart's company is making some plans that don't include the diva.

(COMMERCIAL BREAK)

PHILLIPS: Checking entertainment headlines this Tuesday. Donald Trump, known for his love matches, which I guess explains his latest venture, he's going to appear in some new print and TV ads to promote participation in the U.S. Tennis Association. He manages to work his "Apprentice" catchphrase, "You're fired," into the ads. What a racket.

Speaking of net gains, Comedy Central is forking over massive coin to keep Dave Chappelle. No exact figures disclosed, but the deal is said to be well into the eight-figure range. But the real ka- ching, he's also getting a bigger chunk of the action on profits of Dave Chappelle's show. DVD sales for the first season have topped $43 million in just six months of release.

And is Bill Clinton ready to play himself for laughs? Word on the showbiz street, that the former prez has been asked to host an upcoming episode of "Saturday Night Live." Stay tuned. We'll keep you posted.

(FINANCIAL UPDATE)

PHILLIPS: Well, contrary to the adage that nice guys finish last, today's workplaces expect employees to be friendly, show empathy and fit in.

CNN's Maggie Lake finds that being nice on the job is important, but may have downsides as well.

(BEGIN VIDEOTAPE)

MAGGIE LAKE, CNN CORRESPONDENT (voice-over): From high-end restaurants to take away stands, American businesses have turned being nice into a corporate mission.

CINDY LAWRENCE, MANAGER, JAMBA JUICE: I think it's good for us to be nice to others. It's no reason for us to be harsh. I mean, we are serving, and that's what we're selling. We're selling service.

LAKE: People have come to expect that level of service in restaurants and shops, but even employees who don't have direct customer contact are being asked to be friendly and outgoing.

DEBORAH BROWN VOLKMAN, CAREER COUNSELOR: Ninety percent of the interview is really is, do we like you, are you nice, are you personable, can we get along with you? If you come in and you don't have a good attitude, it makes a tremendous difference.

LAKE (on camera): Career coaches say, even if you're qualified for a position, you could lose it just because you're not nice. With 40 percent of Americans spending 50 hours or more a week at the office, there's a greater emphasis on being emotionally satisfied at work.

LAWRENCE: If we keep our employees happy, it keeps our customers happy.

LAKE (voice-over): But for some, like events coordinator Corey Thompson (ph), being nice can be a burden.

UNIDENTIFIED MALE: I don't know. I do my best to put on a happy face when I'm not having the best day, but some days, it can kind of get to you.

LAKE: And it's not just the employees that suffer. Psychologists say forcing workers to be nice can gloss over important problems.

JAMES KRANTZ, NAUTILUS CONSULTING GROUP: I think one of the problems with this -- some of these rules around niceness is it tends to squelch conflict, discontent and things that are very, very important for organizations to look at, because they're not just about interpersonal problems, but these conflicts often reveal important institutional and system dynamics.

LAKE: Krantz advises corporations promote diversity, even in personality, and that employees concentrate on the skills and experience they can offer and resist the pressure to compress themselves into a two-dimensional smiley face.

Maggie Lake, CNN, New York.

(END VIDEOTAPE)

PHILLIPS: All right, we won't pressure you to watch us tomorrow, but it would be really nice if you did.

That wraps up LIVE FROM.

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 August 3, 2004 - 15:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Old? Maybe. Stale? Definitely not.
Two days into code orange at financial sites that had been cased by al Qaeda, homeland security officials say the three- or even four- year-old surveillance doesn't make the threat any smaller.

CNN's Deborah Feyerick has the latest now from New York -- Deb.

DEBORAH FEYERICK, CNN CORRESPONDENT: Well, Kyra, there are armed guards all over New York City patrolling financial institutions. This morning, the head of Homeland Security, Tom Ridge, met with senior executives, as well as their security directors, to talk about the latest intelligence and to reassure them the government is doing everything that it possibly can.

Now, Tom Ridge also defended the quality of the intelligence. He said that, while some of it is two to three years old, there is some as recent as January, which shows that terror operatives were scouting different locations and updating details of possible targets. Secretary Ridge that there are some terror operatives, he believes, who might be in the United States, and though they don't have hard information on that, that is the assumption they're working under.

(BEGIN VIDEO CLIP)

TOM RIDGE, HOMELAND SECURITY SECRETARY: We just assume that there are operatives here. Obviously, the law enforcement community has their eyes on people they believe are connected or sympathetic to the cause. But we don't have the luxury of waiting to identify somebody coming across the border. We just have to accept for our planning and preparation purposes the notion that they're here, they're looking to attack us, and we need to do everything we can every single day to try to detect, deter and prepare for it.

(END VIDEO CLIP)

FEYERICK: Missing in the latest intelligence is the timing of possible attacks. But Secretary Ridge said there is concern about the Republican National Convention in New York in late August. He said that al Qaeda has expressed its intentions to disrupt the democratic process, saying that there's no indication whether this means just up to the elections or before or after.

So that's one of the things that authorities right now are wrestling with. The homeland security secretary was asked, is this just political? He said it's certainly not about politics. It's about making sure that the public informed -- Kyra. PHILLIPS: All right, Deb Feyerick, thank you so much.

Well, do it right or don't do it at all. That's what one 9/11 Commission member is telling a House panel today. In fact, both House and Senate panels are holding hearings today.

Joe Johns is there -- Joe.

JOE JOHNS, CNN CAPITOL HILL CORRESPONDENT: Kyra, August obviously is one of the slowest months on Capitol Hill. But it hasn't been that way today. In fact, two hearing rooms have been very busy.

One hearing room over on the House side has been open for business for more than five hours. So far, the focus, of course, on the September 11 Commission recommendations, including that proposal to create a director of national intelligence. Timing, of course, is a key issue. Representatives of the families of September 11, victims testifying this afternoon, trying to keep the pressure on.

(BEGIN VIDEO CLIP)

ROBIN WIENER, SISTER OF SEPTEMBER 11 VICTIM: We, the families, challenge the members of this committee and all members of Congress to recognize that the unprecedented terrorist attacks of September 11 demands an unprecedented effort on the part of Congress that will require streamlining the committee process and exceptional coordination between the House and Senate, as well as coordination and communication with the administration.

We challenge you to provide the American people with a timetable that Congress is prepared to follow to implement this report. And, lastly, we challenge you to put aside turf battles and partisan rivalries and act quickly to do everything that must be done to reduce our vulnerability to another terrorist attack.

(END VIDEO CLIP)

JOHNS: Pressure is also coming from members of the 9/11 Commission, including John Lehman and Bob Kerrey, Kerrey leveling criminal today, early criticism directed at the secretary of defense.

(BEGIN VIDEO CLIP)

BOB KERREY, FORMER U.S. SENATOR: I know that Secretary Rumsfeld is going to oppose this. And if they win one more time, if DOD wins one more time, the next time there's a dustup and there's a failure, don't call the director of central intelligence up here. Kick the crap out of DOD.

(END VIDEO CLIP)

JOHNS: Now, the secretary of defense, Donald Rumsfeld, has said he hasn't fully focused on these recommendations. However, CNN has been told that privately he has been concerned that the recommendations might end up creating another bureaucracy, instead of breaking down the one that already exists in the intelligence community -- Kyra, back to you.

PHILLIPS: Joe Johns live from the Hill -- thanks, Joe.

Intriguing testimony and an unexplained delay in a military hearing for the woman at the center of the Abu Ghraib prisoner abuse scandal.

CNN national correspondent, once again, Bob Franken, fills us in from Fort Bragg, North Carolina -- hi, Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Hello.

Well, the delay is over. The hearing has resumed. Now the unexplained development is Lynndie England is not attending the afternoon session. We'll try and find out later why that is the case. We'll point out that she is seven months pregnant. She's also facing 19 charges that could bring a potential 38 years in prison. This is the pretrial in effect that they call the Article 32 hearing in the military.

It's to determine which if any of these charges will go forward to court-martial. And the testimony is slow-going. They're going to only get through two of the four witnesses they had scheduled today, both of them investigators. The first one, the lead investigator, Paul Arthur, told the hearing that Lynndie England had told him when the investigation began that the treatment of Iraqi prisoners was -- quote -- "just for fun." They were joking around, he quotes her as saying.

Of course, this has become an international controversy, Lynndie England right in the middle of it, Lynndie England best known for the photograph of her holding a leash. She said she did so at the behest of Corporal Charles Graner. Graner is charged with being one of the instigators of this. He is also identified as the father of Lynndie England's baby.

Now, part of the testimony involved some explicit photographs, sexually explicit photographs that investigators say were what led to the charges of indecent acts that also face Lynndie England. Her lawyer says that is off the point.

(BEGIN VIDEO CLIP)

RICHARD HERNANDEZ, ATTORNEY FOR LYNNDIE ENGLAND: One thing we want to make absolutely clear is that these photographs that they intend to use for the new charges have absolutely nothing to do with prisoner abuse scandal or Iraqi detainees. They're intimate photos of a young girl with her boyfriend at the time, another soldier. And these photographs are just intimate photographs. They're not something that had anything to do with prisoner abuse.

(END VIDEO CLIP)

FRANKEN: Now, the fundamental argument the defense attorneys are making is that Lynndie England was only doing what she was told to do. One of the investigators was asked by the prosecutors -- quote -- "Did she ever say she was not a willing participant?" Her answer, according to the investigator, "At no time did she ever say that."

These are hearings that are scheduled to go through 25 witnesses. Already, things have slowed down. There have been private conversations with the lawyers. And we have no idea, of course, what goes on in those behind-the-scenes conversations -- Kyra.

PHILLIPS: Well, Bob, if found guilty, what's her fate?

FRANKEN: Well, her fate would be, the potential, as I said, for 38 years in prison and a dishonorable discharge. But it's a long way before we get to that point. And when I say 38 years, that is the maximum. And as we've found out, in the judicial system, civilian or military, rarely is the maximum imposed.

PHILLIPS: Bob Franken at Fort Bragg -- thanks, Bob.

Back in Iraq, another deadly day for Iraqis and Americans. Four more U.S. troops were killed, two fighting around Fallujah, two more in Baghdad. Also in the capital, an Iraqi police official on patrol was killed by a roadside bomb. In Baquba, four Iraqi National Guard members died and six were wounded when a car bomb exploded at a checkpoint. Just last week, another car bombing rocked the same checkpoint.

Hurricane Alex is paying a visit to the Outer Banks of North Carolina right now, but most residents haven't even bothered to board up their homes.

CNN's Jacqui Jeras is keeping an eye on the fast-moving storm.

I guess they know when it gets really bad, Jacqui, right?

JACQUI JERAS, CNN METEOROLOGIST: Yes. Exactly.

In fact, I got a call from a gal named Janel (ph), who is out on Ocracoke Island. And they're just sitting there surrounded by water. She said the entire island, which is about 14 miles wide, by the way, is covered in about four feet of water, that the ferries aren't running and all their roads are washed out. So those folks are stuck with it.

The eye wall moved over Ocracoke Island and also over towards Cape Hatteras. And you can see the eye itself is now off to the east. This is now pulling away from the shoreline. So the worst of the weather is over with. But we still have another couple of hours to go with some very strong winds.

Now, the center of the storm is about 30 miles to the east- northeast of Cape Hatteras. And hurricane-force winds only extend out about 25 miles. So that's good news. It looks like the hurricane- force winds are pulling out of there. And you're going to be dealing with tropical storm-force winds, though, still, because they extend out about 105 miles away from the storm.

Maximum sustained winds at the top of the hour, just updated, still holding at 100 miles per hour. So even though we're getting a little interaction here with the coastline, we're not looking at this weakening yet. In fact, we may see some minor strengthening even before we see this downgraded tomorrow I think to a tropical storm. You can see rain showers trying to make their way up toward the Delmarva and up into New Jersey. But most of the heavy rain showers into the Northeast are staying well offshore, so no big concerns here.

But another thing to keep in mind, the seas really swelling quite a bit. And for those of you who have Marine interests, some of the seas are going to be up to about 20 feet. So that's pretty significant.

Forecast track here, what we're expecting is this to continue on a northeasterly turn. And it should be moving out to sea then by here Wednesday, should be downgraded. So really, even by tonight, by the time you go to bed tonight, take a deep breath, because this is going to be over and done with. Still going to see a threat of rip currents, however, and then the marine interests for tomorrow.

Another thing that we're going to have to watch for tomorrow, Kyra, is potentially another tropical storm. This is tropical depression No. 2, east of the Leeward Islands. It could become Bonnie by tomorrow -- Kyra.

PHILLIPS: Jacqui Jeras, thank you.

Well, give me your tired, your poor, your tourists anxious to get a closer look. The Statue of Liberty takes down the do-not-disturb sign after a post-September 11 makeover. A live report just ahead.

Billionaire boss Donald Trump gets a new racket. Details straight ahead.

How many times did your mom tell you to be nice? Find out why you should have listened. You better listen. Are you listening?

(COMMERCIAL BREAK)

PHILLIPS: Nobody home at the International Space Station. The spacecraft was left vacant for several hours this morning while both astronauts worked on the exterior. They're getting ready for a new model of cargo ships the will begin delivering supplies next year.

Next stop, Mercury. NASA hopes Messenger will become the first spacecraft ever to orbit the planet. Messenger left early this morning from Florida and won't reach its destination for about six years. Mercury is closest to the sun and is considered the least understood of the planets.

How was that, Miles? I hope you were watching.

We're going to take a quick break. We'll be right back.

(COMMERCIAL BREAK)

PHILLIPS: Lady Liberty is finally welcoming back the huddled masses. For the first time since the 9/11 attacks, tourists are visiting at least part of the Statue of Liberty.

CNN's Alina Cho is nearby on Ellis Island -- Alina.

ALINA CHO, CNN CORRESPONDENT: Kyra, good to see you.

Yes, the Statue of Liberty, as you know, is one of the most famous, one of the most recognizable monuments in the world. And it holds one more distinction today. It is the last major U.S. landmark to reopen after September 11. And visitors didn't waste any time getting a peek inside.

Important to note that Lady Liberty is only partially open. Visitors can go inside the base, but they cannot go up into the statue itself. Now, what you will see inside the museum is the original torch, and also 10 stories up there is an observation deck, where, of course, you will get a close-up look at Lady Liberty, as well as sweeping views of Manhattan.

Now, one other interesting note, there is a glass ceiling where you can actually look up into the statue's structure. But once again, you cannot go inside the statue itself. Therefore, you cannot climb up the 354 steps to the crown, as you could prior to 9/11. That all remains closed, primarily for safety reasons. Nonetheless, New York's governor said today's reopening sends a message to the world that freedom is alive.

(BEGIN VIDEO CLIP)

MICHAEL BLOOMBERG (R), MAYOR OF NEW YORK: Today, people will have the opportunity for the first time in almost three years to walk into the tower and see the statue from the inside. But throughout the days of September 11 and thereafter, that torch shined brightly for the people of New York, the people of America, and the people of the world. It never diminished. It never went out. It never will.

(END VIDEO CLIP)

CHO: That sentiment was echoed by Interior Secretary Gale Norton today, who said, despite the fact that the statue is only partially reopened, terrorism did not win today. She said safety won. And I can tell you, Kyra, that a lot of visitors we spoke to seem to agree.

PHILLIPS: Beautiful pictures. Alina Cho, thank you so much.

Well, the news around the world now, starting in Australia, where the government is paying a baby bonus in a bid to boost the birth rate. The amount, $2,100. Some women who were planning C-sections in June delayed that procedure until after the bonuses kick in on July 1.

On your mark, get said, mow. I mean go. The 12-annual lawn mower race in rural England; 35 teams battled day and night. This year's event was nicknamed Weapons of Grass Destruction.

On a less frantic note, well, we go to rooftops in Rome. Dozens of doves, pigeons were released -- I can imagine they released a number of other things -- carrying messages, though, of hope and peace, the Olympic Games in Athens.

Finally this hour, you may nag your kids not to watch a lot of television, but a boy in Freeport, Texas, can honestly say TV saved his life.

Amy Tortolani from our Houston affiliate KHOU has a story with quick wit and nerves of steel.

(BEGIN VIDEOTAPE)

AARON PEREZ, ATTACKED BY SHARK: I think it's cool.

AMY TORTOLANI, KHOU REPORTER (voice-over): At 11 years old, Aaron Perez is an accomplished fisherman, not because of what he's caught, but because of what caught him.

A. PEREZ: I was in the water fishing with my dad and we -- there was a bunch, a school, of fish; and they all moved in and I caught one and I turned around to tell my dad. And when I did that, a shark just started biting my arm.

TORTOLANI: It happened off of Brine Beach in Freeport. And Perez tells us he frantically started hitting the six to seven-foot long shark in the gills. The shark let go of his arm only to clench down on his leg.

His dad and a family friend beat the shark off with their fishing rods.

BLAS PEREZ, AARON'S FATHER: I didn't see the head of the shark, it was on Aaron's side. The shark was way bigger than me. And it was a goldish, yellowish, sandish tint on top and grayish on the bottom. And you've seen the movie jaws. That's what it looked like.

TORTOLANI: Now eight days after the attack, Aaron Perez has two words to describe this shark.

A. PEREZ: Big and ugly.

TORTOLANI: Doctors tell us they successfully attached his right forearm and recovery is already way ahead of schedule.

DR. EMMANUEL MELISSINOS, SURGEON: We have started already to move his fingers with gently, passive range of motion. And then the next stage will be to let him do more and take it a day at a time.

TORTOLANI: Perez is already thinking about his future and it includes fishing. But the next time, he says, he'll have his eyes on something a bit bigger than your average fish, something about six or seven feet long and you can say, this fisherman is even giving a warning.

A. PEREZ: I'm going to get him.

Amy Tortolani, 11 News.

(END VIDEOTAPE)

PHILLIPS: What a cutey pie.

Well, from politics to punchlines, former President Clinton may be set to America laugh -- or make America laugh. We're ready for prime time on LIVE FROM.

And how does this title sound for a new television show, "Anyone But Martha"? Martha Stewart's company is making some plans that don't include the diva.

(COMMERCIAL BREAK)

PHILLIPS: Checking entertainment headlines this Tuesday. Donald Trump, known for his love matches, which I guess explains his latest venture, he's going to appear in some new print and TV ads to promote participation in the U.S. Tennis Association. He manages to work his "Apprentice" catchphrase, "You're fired," into the ads. What a racket.

Speaking of net gains, Comedy Central is forking over massive coin to keep Dave Chappelle. No exact figures disclosed, but the deal is said to be well into the eight-figure range. But the real ka- ching, he's also getting a bigger chunk of the action on profits of Dave Chappelle's show. DVD sales for the first season have topped $43 million in just six months of release.

And is Bill Clinton ready to play himself for laughs? Word on the showbiz street, that the former prez has been asked to host an upcoming episode of "Saturday Night Live." Stay tuned. We'll keep you posted.

(FINANCIAL UPDATE)

PHILLIPS: Well, contrary to the adage that nice guys finish last, today's workplaces expect employees to be friendly, show empathy and fit in.

CNN's Maggie Lake finds that being nice on the job is important, but may have downsides as well.

(BEGIN VIDEOTAPE)

MAGGIE LAKE, CNN CORRESPONDENT (voice-over): From high-end restaurants to take away stands, American businesses have turned being nice into a corporate mission.

CINDY LAWRENCE, MANAGER, JAMBA JUICE: I think it's good for us to be nice to others. It's no reason for us to be harsh. I mean, we are serving, and that's what we're selling. We're selling service.

LAKE: People have come to expect that level of service in restaurants and shops, but even employees who don't have direct customer contact are being asked to be friendly and outgoing.

DEBORAH BROWN VOLKMAN, CAREER COUNSELOR: Ninety percent of the interview is really is, do we like you, are you nice, are you personable, can we get along with you? If you come in and you don't have a good attitude, it makes a tremendous difference.

LAKE (on camera): Career coaches say, even if you're qualified for a position, you could lose it just because you're not nice. With 40 percent of Americans spending 50 hours or more a week at the office, there's a greater emphasis on being emotionally satisfied at work.

LAWRENCE: If we keep our employees happy, it keeps our customers happy.

LAKE (voice-over): But for some, like events coordinator Corey Thompson (ph), being nice can be a burden.

UNIDENTIFIED MALE: I don't know. I do my best to put on a happy face when I'm not having the best day, but some days, it can kind of get to you.

LAKE: And it's not just the employees that suffer. Psychologists say forcing workers to be nice can gloss over important problems.

JAMES KRANTZ, NAUTILUS CONSULTING GROUP: I think one of the problems with this -- some of these rules around niceness is it tends to squelch conflict, discontent and things that are very, very important for organizations to look at, because they're not just about interpersonal problems, but these conflicts often reveal important institutional and system dynamics.

LAKE: Krantz advises corporations promote diversity, even in personality, and that employees concentrate on the skills and experience they can offer and resist the pressure to compress themselves into a two-dimensional smiley face.

Maggie Lake, CNN, New York.

(END VIDEOTAPE)

PHILLIPS: All right, we won't pressure you to watch us tomorrow, but it would be really nice if you did.

That wraps up LIVE FROM.

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