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Friends and Family Have Spoken in Peterson Penalty Phase; Heavy Metal Rampage

Aired December 09, 2004 - 14:00   ET

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

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


KYRA PHILLIPS, CNN ANCHOR: His mother has pleaded for his life. Now Scott Peterson's fate will be in the hands of 12 men and women. We're live from the California courthouse.
KEITH OPPENHEIM, CNN CORRESPONDENT: A police officer is being called a hero for stopping a gunman who did a lot of damage at a heavy metal concert. I'm Keith Oppenheim in Columbus, Ohio. I'll have a live report coming up.

FREDRICKA WHITFIELD, CNN ANCHOR: Intelligence reform. Congress passed it, but how will it be put into action? A reform reality check.

PHILLIPS: In-flight phoning. Federal regulators consider whether it's safe for you to use your cellphone while flying. From the CNN Center in Atlanta, I'm Kyra Phillips.

WHITFIELD: And I'm Fredricka Whitfield, in for Miles O'Brien. This hour of CNN's LIVE FROM begins right now.

Family and friends have spoken. The lawyers are speaking now. Next, the same jury that convicted Scott Peterson of double murder will begin deciding whether he gets life or death.

CNN's Ted Rowlands is following the story from Redwood City, California, and joins us live now.

Hi, Ted.

TED ROWLANDS, CNN CORRESPONDENT: Hi, Fredricka.

Right now, the defense is beginning their closing arguments. This will be the last address to the jury before they go into deliberations. It is going to be split between Pat Harris and Mark Geragos.

Right now, Pat Harris has started telling the jury that they need to remember voir dire. When they were first selected on this case, they under oath told the judge that they would not start their deliberative process about penalty until they got into that room, seemingly a play to make sure jurors don't just go in and make their decision, that they actually go through this and take some time. The defense feels that the more time that's taken, the more contemplation will happen, and that willal work to their benefit.

Earlier, the prosecution gave a very compelling close delivered by Dave Harris who has been one of the lead prosecutors in this case. Harris started by talking about Scott Peterson and the Scott Peterson that everybody knew and loved, and the Scott and Laci, the perfect couple, he said, that they had been told about.

He talked about the defense witnesses that said that they were a perfect couple, but then he started to say that they didn't really know the real Scott Peterson. He showed a photo of Peterson at the candlelight vigil where he appeared to be smiling and laughing. And underneath it he played a taped telephone conversation where Peterson was talking to his girlfriend, Amber Frey, about being in Paris, watching fireworks with his friends, Francois and Pascal.

He then talked about Scott Peterson, the manipulative, the liar. He said that he lied to family and friends. He said for 116 days, Scott Peterson sat silent while his wife decomposed in the San Francisco Bay.

And at the end of his delivery, he held up an autopsy photo of Laci Peterson when telling this to the jury. At one point he walked over to Peterson's table. He said, "If you're worried about killing Scott Peterson because of the effect on his parents" -- which has been one of the defense themes -- "well, he's the one responsible," said Harris. "He is the one that is responsible," and he opinioned right at Scott Peterson.

The judge is expected to give about 20 minutes worth of jury deliberation instructions after the defense has finished, and then the jury will get to their task to decide whether or not Scott Peterson should live or die -- Fredricka.

WHITFIELD: Ted Rowlands in Redwood City, California. Thanks so much -- Kyra.

PHILLIPS: If you know the names Damageplan and "Dimebag" Abbott, well, you may still be in shock over last night's inexplicable one-man rampage at a heavy metal nightclub in Columbus, Ohio. Five people are dead, including the gunman.

CNN's Keith Oppenheim joins us with the very latest -- Keith.

OPPENHEIM: Kyra, the man who police say killed four people and was shoot and killed himself has been identified as 25-year-old Nathan Gale from the city of Columbus. And police say last night, around 10:00, just as the heavy metal band Damageplan is starting one of its sets, moments later, a man, Nathan Gale, police say, jumps up on the stage and he shoots the band's lead guitarist, Darrell Abbott.

Listen now to one of the witnesses as you get a description of what it was like just after the shots were fired.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Basically, he shot the guitarist at first, filed -- fired a couple other shots, and then he hid behind the stage a little bit. And then everybody started scattering. You know, there was mayhem everywhere. And then a police officer came into the building. You know, came in professional, with his gun raised. And then he proceeded to shoot the guy -- the murderer, whatnot. He shot him, blasted him away.

(END VIDEO CLIP)

OPPENHEIM: That officer who responded to the scene and shot Gale is a five-year veteran of the Columbus police force, James Niggemeyer. And police are calling James Niggemeyer a hero, saying that without any backup, he stopped the gunman with one shot, and that may have saved more lives.

There were four other people killed, and I should note that witnesses say that Nathan Gale fired into the crowd. The guitarist who died, Darrell Abbott, was 38 years old. And he was known in the heavy metal world as "Dimebag" Darrell.

He and his brother formed the band Damageplan after their previous group, Pantera, broke up last year. And while Damageplan was just a year old, Pantera was a bigger name on the heavy metal scene, cutting four albums in the 1990s and getting nominated for a Grammy.

Now, police say they do not have a clear motive in this case in why Nathan Gale did what he did, or they say he did. At the same time, they are looking heavily into his background.

There are 60 detectives on this case. They're trying to investigate whether he was even a fan or whether, as some witnesses have said, that he had some kind of a grudge.

Kyra, they're specifically trying to get their hands -- I'm speaking about the police now -- trying to get their hands onto some amateur video that they believe was shot inside the El Rosa nightclub at the time or around the time of the incident. And that is obviously something that they would like to take a look at.

Back to you.

PHILLIPS: Keith Oppenheim, thank you -- Fred.

WHITFIELD: The search is back on for six people lost in the Baring Sea after a Coast Guard helicopter crashed near the Aleutian Islands. They missing had just been rescued from a freighter that was adrift loaded with 440,000 gallons of fuel. A second chopper managed to air lift several other crew members before the ship smashed into the rocks and broke apart. It's not clear how much of the ship's cargo spilled into that water.

PHILLIPS: On the security beat today, protecting America from terror. A year ago, the Homeland Security Department began creating a national database listing potential terrorist targets across the country. Ordered by President Bush, the list is supposed to help set security priorities. But "USA Today" reports the list is way behind schedule and may not be done for years.

Now, what if terrorists blew up a so-called dirty bomb in a major American city? You're looking at a drill right now. It's not the real thing, but it was deadly serious for emergency workers who would be on the font lines of a terrorists attack.

This drill took place in the Great Western Forum in Inglewood of -- that's a section of Los Angeles. A dirty bomb uses conventional explosives to spread radioactive material.

WHITFIELD: The Senate has overwhelmingly passed the intelligence reform bill. The House passed it on Tuesday. Now it heads to the president's desk to become law. But are the reforms destined to fail?

CNN national security correspondent David Ensor takes a look at that.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: The conference report is adopted.

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): The intelligence reform bill promises major change, creating what could be a powerful new director of national intelligence. But experts say it raises more questions than it answers.

DAVID KAY, FMR. CIA OFFICIAL: The real issue is, what is his relationship with all the 15 intelligence agencies? Who actually works for him? Where is the National Intelligence Council going to be?

Who's going to brief the president everyday, and what's the basis for that? These are things that actually have to be worked out.

ENSOR: As it stands now, one man, Porter Goss, wears two hats. He is the CIA director and he's also the director of Central Intelligence, nominally in charge of all 14 other U.S. intelligence agencies, as well as the National Counterterrorism Center which began operations Monday.

Under the bill, a director of national intelligence replaces the DCI and is put over the top of a separate CIA director, the Counterterrorism Center, and the 14 other intelligence agencies. But the most important change has to do with these two key agencies, the National Security Agency, the big ear of the U.S. government, the eavesdroppers, and the National Geospatial-Intelligence Agency, the big eye of the U.S. government that analyzes imagery from spy satellites.

Right now, though the intelligence director has nominal authority, the Pentagon largely controls the budgets and personnel of these two crucial spy agencies. Under the bill a new intelligence director gains considerably more control, potentially shifting the balance of power in Washington.

FLYNT LEVERETT, SABAN CENTER: It's not the culmination. It's the beginning, and gives a hopefully entrepreneurial first director of national intelligence some tools that he might use to try and achieve real reform. ENSOR: In the bill, Congress failed to reform itself to address the overlapping web of more than 20 committees overseeing parts of U.S. intelligence.

KAY: There's nothing in this bill that addresses thiefdoms on the Hill, and that is going to be an issue that Congress has got to return.

ENSOR (on camera): You think they punted on it?

KAY: I think they avoid -- punt? At least you can have contact when you punt. I think they ran away from it.

ENSOR: Senior U.S. intelligence officials say the key will be who the president picks for intelligence chief. He or she must have credibility, communication skills, a lot of discretion, a thick skin, and the absolute trust of the man in the White House. A pretty tall order.

David Ensor, CNN, Washington.

(END VIDEOTAPE)

PHILLIPS: First, though, the president has to sign the bill into law. Also on his agenda, a new team. Today he signaled that his revolving cabinet door has stopped spinning, at least for now.

CNN's Elaine Quijano is following it all for us at the White House -- Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Good afternoon to you, Kyra.

That's right. First on the intelligence bill, White House officials are saying not to expect the signing of that bill this week, although they're not yet ready to go -- to go public, rather, with any kind of date.

Now, secondly, as you mentioned, on his team, this morning from the Roosevelt Room, the president making the announcement of who he would like to see replace the outgoing Veterans Affairs secretary, Anthony Principi. That man is Jim Nicholson. He is the U.S. ambassador to the Vatican, a former Army Ranger, a decorated Vietnam veteran, and also a former chairman of the RNC.

Now, at the same time, the White House said today that President Bush has asked four cabinet members to stay on and that they have agreed. Now, those four members -- you see them there -- are Transportation secretary, Norm Mineta; also Elaine Chao, the Labor secretary; Interior secretary, Gale Norton; and Alphonso Jackson, the secretary of Housing and Urban Development.

Now, the president also today saying that he wants to take up the issue of Social Security reform. In fact, today the president meeting with trustees of the Social Security funds. President Bush is facing questions about how he plans to pay for his plan to privatize at least part of Social Security. The president saying first it is crucial to understand the scope of the problem.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I think what's really important in the discussions is to understand the size of the problem. And that is we are faced with a present value of unfounded liabilities of about $11 trillion dollars.

(END VIDEO CLIP)

QUIJANO: And again, the president saying that he wants to allow younger workers to take at least part of their Social Security withholdings and invest those into private accounts. The White House saying that the president does not plan to touch any kind of benefits for those at retirement age or nearing retirement age.

But, of course, Kyra, at this point, still unanswered how the president plans to pay for some of the up-front transition costs, as the White House calls it, estimated by some to be in the neighborhood of perhaps as high as $2 trillion. That a question that White House spokesman Scott McClellan today faced and did not go into detail about, saying only that they're willing to work with members of Congress in a bipartisan way to find some kind of solution -- Kyra.

PHILLIPS: Elaine Quijano live from the White House. Thanks, Elaine.

Well, President Bush taps a new head of Veterans Affairs.

WHITFIELD: And America's current wars are presenting some unique challenges, like taking care of the thousands of injured veterans returning from the wars in Iraq and Afghanistan. We'll go in-depth later on LIVE FROM.

PHILLIPS: So did you hear what Jon Stewart told Larry King? Coming up, what the talk show host and author had to say about being banned at Wal-Mart.

WHITFIELD: Oh, of all places.

And later, "American Idol's" Diana DeGarmo. Well, she's got a new CD and she's here for a LIVE FROM interview.

(COMMERCIAL BREAK)

WHITFIELD: News "Across America" now.

A reporter's fate. Rhode Island TV journalist Jim Taricani took the stand today at his sentencing hearing in federal court. Taricani faces up to six months in prison for refusing to identify the source of an FBI tape showing a city official taking a bribe.

The source was identified last week in court papers. Taricani, a heart transplant recipient, has asked the judge for less than 30 days home confinement. Still battling it out. Officials are now hand-counting ballots in the Washington State governor's race more than a month after voting. It's the third count of votes. A machine recount gave Republican Dino Rossi a 42-vote edge over Democrat Christine Gregoire.

And he was blocked by Democrats from getting a permanent seat on a federal appeals court. Now Judge Charles Pickering has announced he's retiring from the federal bench. President Bush named Pickering to the 5th U.S. Circuit Court of Appeals last January while Congress was in recess. Such appointments are valid until the next Congress takes office, which will be next month.

PHILLIPS: It's been named "Book of the Year," but Jon Stewart's "America (The Book)" is not amusing the folks over at Wal-Mart. They're refusing to stock it. He's unphased, though, as he explained on "LARRY KING LIVE" last night.

(BEGIN VIDEO CLIP)

LARRY KING, HOST, "LARRY KING LIVE": Were you surprised what Wal-Mart did?

JON STEWART, TALK SHOW HOST: No, because this is not a weapon. They sell more of the guns and other things. They're not interested in the books.

"Naked Justice" is very dangerous. Can you imagine if a kid got into that and saw that? It could scar him for life.

KING: Does it, in effect, help the book though? It creates more talk.

STEWART: The controversy?

KING: No -- yes, the fact that they ban it?

STEWART: Well, that came out later. I mean, they ban a lot of things. I don't know if that's -- and the Wal-Mart, you know, is not necessarily the only place you can sell books from my understanding.

KING: But they're a big book seller.

STEWART: I think it's becoming that.

KING: Yes.

STEWART: I think it will be the only place you can sell books or anything. I don't know if you've heard of their plans. All other stores are closing down, and Wal-Mart...

KING: Will be the only store.

STEWART: The only store, and also the only place you can live.

(END VIDEO CLIP) PHILLIPS: Stewart also had an explanation of sorts for his tirade against "CROSSFIRE" host Tucker Carlson shortly before the presidential election.

(BEGIN VIDEO CLIP)

STEWART: I wanted to get that off my chest more than anything else.

KING: But it didn't go away, though. It never let up.

STEWART: What didn't?

KING: The show. The whole segment was...

STEWART: Well, it was only like 15 minutes.

KING: Yes, but it stayed in one...

STEWART: But the name of the show is "CROSSFIRE." I thought it was supposed to be. It's named after, you know, what innocent bystanders get caught in during gang violence. I mean, I thought it was supposed to be that.

Apparently, the only people you're not supposed to put in the "CROSSFIRE" are the hosts of the "CROSSFIRE." But I will say this: it did -- I think the issues that were brought up finally started a discussion within the media of whether or not I'm too big for my britches. And I think that's the important thing.

(END VIDEO CLIP)

PHILLIPS: Jon Stewart is on "LARRY KING LIVE" -- or he was on "LARRY KING LIVE" last night, rather. Tonight, Larry's guest will be former vice presidential candidate John Edwards. Don't forget to join us at 9:00 p.m. Eastern.

Thousands of American girls look up to her, and now soccer great Mia Hamm is ready to kick off a new chapter in her life. Details later on LIVE FROM.

RHONDA SCHAFFLER, CNN CORRESPONDENT: I'm Rhonda Schaffler in New York. One high-end hotel chain is looking to branch out. I'll tell you about its suite deal coming up on LIVE FROM. Don't go away.

(COMMERCIAL BREAK)

PHILLIPS: Hyatt, the high-end hotel chain, is trying to expand its offerings.

WHITFIELD: Rhonda Schaffler joins us from the New York Stock Exchange with more on that -- Rhonda.

(STOCK MARKET REPORT)

(WEATHER REPORT) (COMMERCIAL BREAK)

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Aired December 9, 2004 - 14:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: His mother has pleaded for his life. Now Scott Peterson's fate will be in the hands of 12 men and women. We're live from the California courthouse.
KEITH OPPENHEIM, CNN CORRESPONDENT: A police officer is being called a hero for stopping a gunman who did a lot of damage at a heavy metal concert. I'm Keith Oppenheim in Columbus, Ohio. I'll have a live report coming up.

FREDRICKA WHITFIELD, CNN ANCHOR: Intelligence reform. Congress passed it, but how will it be put into action? A reform reality check.

PHILLIPS: In-flight phoning. Federal regulators consider whether it's safe for you to use your cellphone while flying. From the CNN Center in Atlanta, I'm Kyra Phillips.

WHITFIELD: And I'm Fredricka Whitfield, in for Miles O'Brien. This hour of CNN's LIVE FROM begins right now.

Family and friends have spoken. The lawyers are speaking now. Next, the same jury that convicted Scott Peterson of double murder will begin deciding whether he gets life or death.

CNN's Ted Rowlands is following the story from Redwood City, California, and joins us live now.

Hi, Ted.

TED ROWLANDS, CNN CORRESPONDENT: Hi, Fredricka.

Right now, the defense is beginning their closing arguments. This will be the last address to the jury before they go into deliberations. It is going to be split between Pat Harris and Mark Geragos.

Right now, Pat Harris has started telling the jury that they need to remember voir dire. When they were first selected on this case, they under oath told the judge that they would not start their deliberative process about penalty until they got into that room, seemingly a play to make sure jurors don't just go in and make their decision, that they actually go through this and take some time. The defense feels that the more time that's taken, the more contemplation will happen, and that willal work to their benefit.

Earlier, the prosecution gave a very compelling close delivered by Dave Harris who has been one of the lead prosecutors in this case. Harris started by talking about Scott Peterson and the Scott Peterson that everybody knew and loved, and the Scott and Laci, the perfect couple, he said, that they had been told about.

He talked about the defense witnesses that said that they were a perfect couple, but then he started to say that they didn't really know the real Scott Peterson. He showed a photo of Peterson at the candlelight vigil where he appeared to be smiling and laughing. And underneath it he played a taped telephone conversation where Peterson was talking to his girlfriend, Amber Frey, about being in Paris, watching fireworks with his friends, Francois and Pascal.

He then talked about Scott Peterson, the manipulative, the liar. He said that he lied to family and friends. He said for 116 days, Scott Peterson sat silent while his wife decomposed in the San Francisco Bay.

And at the end of his delivery, he held up an autopsy photo of Laci Peterson when telling this to the jury. At one point he walked over to Peterson's table. He said, "If you're worried about killing Scott Peterson because of the effect on his parents" -- which has been one of the defense themes -- "well, he's the one responsible," said Harris. "He is the one that is responsible," and he opinioned right at Scott Peterson.

The judge is expected to give about 20 minutes worth of jury deliberation instructions after the defense has finished, and then the jury will get to their task to decide whether or not Scott Peterson should live or die -- Fredricka.

WHITFIELD: Ted Rowlands in Redwood City, California. Thanks so much -- Kyra.

PHILLIPS: If you know the names Damageplan and "Dimebag" Abbott, well, you may still be in shock over last night's inexplicable one-man rampage at a heavy metal nightclub in Columbus, Ohio. Five people are dead, including the gunman.

CNN's Keith Oppenheim joins us with the very latest -- Keith.

OPPENHEIM: Kyra, the man who police say killed four people and was shoot and killed himself has been identified as 25-year-old Nathan Gale from the city of Columbus. And police say last night, around 10:00, just as the heavy metal band Damageplan is starting one of its sets, moments later, a man, Nathan Gale, police say, jumps up on the stage and he shoots the band's lead guitarist, Darrell Abbott.

Listen now to one of the witnesses as you get a description of what it was like just after the shots were fired.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Basically, he shot the guitarist at first, filed -- fired a couple other shots, and then he hid behind the stage a little bit. And then everybody started scattering. You know, there was mayhem everywhere. And then a police officer came into the building. You know, came in professional, with his gun raised. And then he proceeded to shoot the guy -- the murderer, whatnot. He shot him, blasted him away.

(END VIDEO CLIP)

OPPENHEIM: That officer who responded to the scene and shot Gale is a five-year veteran of the Columbus police force, James Niggemeyer. And police are calling James Niggemeyer a hero, saying that without any backup, he stopped the gunman with one shot, and that may have saved more lives.

There were four other people killed, and I should note that witnesses say that Nathan Gale fired into the crowd. The guitarist who died, Darrell Abbott, was 38 years old. And he was known in the heavy metal world as "Dimebag" Darrell.

He and his brother formed the band Damageplan after their previous group, Pantera, broke up last year. And while Damageplan was just a year old, Pantera was a bigger name on the heavy metal scene, cutting four albums in the 1990s and getting nominated for a Grammy.

Now, police say they do not have a clear motive in this case in why Nathan Gale did what he did, or they say he did. At the same time, they are looking heavily into his background.

There are 60 detectives on this case. They're trying to investigate whether he was even a fan or whether, as some witnesses have said, that he had some kind of a grudge.

Kyra, they're specifically trying to get their hands -- I'm speaking about the police now -- trying to get their hands onto some amateur video that they believe was shot inside the El Rosa nightclub at the time or around the time of the incident. And that is obviously something that they would like to take a look at.

Back to you.

PHILLIPS: Keith Oppenheim, thank you -- Fred.

WHITFIELD: The search is back on for six people lost in the Baring Sea after a Coast Guard helicopter crashed near the Aleutian Islands. They missing had just been rescued from a freighter that was adrift loaded with 440,000 gallons of fuel. A second chopper managed to air lift several other crew members before the ship smashed into the rocks and broke apart. It's not clear how much of the ship's cargo spilled into that water.

PHILLIPS: On the security beat today, protecting America from terror. A year ago, the Homeland Security Department began creating a national database listing potential terrorist targets across the country. Ordered by President Bush, the list is supposed to help set security priorities. But "USA Today" reports the list is way behind schedule and may not be done for years.

Now, what if terrorists blew up a so-called dirty bomb in a major American city? You're looking at a drill right now. It's not the real thing, but it was deadly serious for emergency workers who would be on the font lines of a terrorists attack.

This drill took place in the Great Western Forum in Inglewood of -- that's a section of Los Angeles. A dirty bomb uses conventional explosives to spread radioactive material.

WHITFIELD: The Senate has overwhelmingly passed the intelligence reform bill. The House passed it on Tuesday. Now it heads to the president's desk to become law. But are the reforms destined to fail?

CNN national security correspondent David Ensor takes a look at that.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: The conference report is adopted.

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): The intelligence reform bill promises major change, creating what could be a powerful new director of national intelligence. But experts say it raises more questions than it answers.

DAVID KAY, FMR. CIA OFFICIAL: The real issue is, what is his relationship with all the 15 intelligence agencies? Who actually works for him? Where is the National Intelligence Council going to be?

Who's going to brief the president everyday, and what's the basis for that? These are things that actually have to be worked out.

ENSOR: As it stands now, one man, Porter Goss, wears two hats. He is the CIA director and he's also the director of Central Intelligence, nominally in charge of all 14 other U.S. intelligence agencies, as well as the National Counterterrorism Center which began operations Monday.

Under the bill, a director of national intelligence replaces the DCI and is put over the top of a separate CIA director, the Counterterrorism Center, and the 14 other intelligence agencies. But the most important change has to do with these two key agencies, the National Security Agency, the big ear of the U.S. government, the eavesdroppers, and the National Geospatial-Intelligence Agency, the big eye of the U.S. government that analyzes imagery from spy satellites.

Right now, though the intelligence director has nominal authority, the Pentagon largely controls the budgets and personnel of these two crucial spy agencies. Under the bill a new intelligence director gains considerably more control, potentially shifting the balance of power in Washington.

FLYNT LEVERETT, SABAN CENTER: It's not the culmination. It's the beginning, and gives a hopefully entrepreneurial first director of national intelligence some tools that he might use to try and achieve real reform. ENSOR: In the bill, Congress failed to reform itself to address the overlapping web of more than 20 committees overseeing parts of U.S. intelligence.

KAY: There's nothing in this bill that addresses thiefdoms on the Hill, and that is going to be an issue that Congress has got to return.

ENSOR (on camera): You think they punted on it?

KAY: I think they avoid -- punt? At least you can have contact when you punt. I think they ran away from it.

ENSOR: Senior U.S. intelligence officials say the key will be who the president picks for intelligence chief. He or she must have credibility, communication skills, a lot of discretion, a thick skin, and the absolute trust of the man in the White House. A pretty tall order.

David Ensor, CNN, Washington.

(END VIDEOTAPE)

PHILLIPS: First, though, the president has to sign the bill into law. Also on his agenda, a new team. Today he signaled that his revolving cabinet door has stopped spinning, at least for now.

CNN's Elaine Quijano is following it all for us at the White House -- Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Good afternoon to you, Kyra.

That's right. First on the intelligence bill, White House officials are saying not to expect the signing of that bill this week, although they're not yet ready to go -- to go public, rather, with any kind of date.

Now, secondly, as you mentioned, on his team, this morning from the Roosevelt Room, the president making the announcement of who he would like to see replace the outgoing Veterans Affairs secretary, Anthony Principi. That man is Jim Nicholson. He is the U.S. ambassador to the Vatican, a former Army Ranger, a decorated Vietnam veteran, and also a former chairman of the RNC.

Now, at the same time, the White House said today that President Bush has asked four cabinet members to stay on and that they have agreed. Now, those four members -- you see them there -- are Transportation secretary, Norm Mineta; also Elaine Chao, the Labor secretary; Interior secretary, Gale Norton; and Alphonso Jackson, the secretary of Housing and Urban Development.

Now, the president also today saying that he wants to take up the issue of Social Security reform. In fact, today the president meeting with trustees of the Social Security funds. President Bush is facing questions about how he plans to pay for his plan to privatize at least part of Social Security. The president saying first it is crucial to understand the scope of the problem.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I think what's really important in the discussions is to understand the size of the problem. And that is we are faced with a present value of unfounded liabilities of about $11 trillion dollars.

(END VIDEO CLIP)

QUIJANO: And again, the president saying that he wants to allow younger workers to take at least part of their Social Security withholdings and invest those into private accounts. The White House saying that the president does not plan to touch any kind of benefits for those at retirement age or nearing retirement age.

But, of course, Kyra, at this point, still unanswered how the president plans to pay for some of the up-front transition costs, as the White House calls it, estimated by some to be in the neighborhood of perhaps as high as $2 trillion. That a question that White House spokesman Scott McClellan today faced and did not go into detail about, saying only that they're willing to work with members of Congress in a bipartisan way to find some kind of solution -- Kyra.

PHILLIPS: Elaine Quijano live from the White House. Thanks, Elaine.

Well, President Bush taps a new head of Veterans Affairs.

WHITFIELD: And America's current wars are presenting some unique challenges, like taking care of the thousands of injured veterans returning from the wars in Iraq and Afghanistan. We'll go in-depth later on LIVE FROM.

PHILLIPS: So did you hear what Jon Stewart told Larry King? Coming up, what the talk show host and author had to say about being banned at Wal-Mart.

WHITFIELD: Oh, of all places.

And later, "American Idol's" Diana DeGarmo. Well, she's got a new CD and she's here for a LIVE FROM interview.

(COMMERCIAL BREAK)

WHITFIELD: News "Across America" now.

A reporter's fate. Rhode Island TV journalist Jim Taricani took the stand today at his sentencing hearing in federal court. Taricani faces up to six months in prison for refusing to identify the source of an FBI tape showing a city official taking a bribe.

The source was identified last week in court papers. Taricani, a heart transplant recipient, has asked the judge for less than 30 days home confinement. Still battling it out. Officials are now hand-counting ballots in the Washington State governor's race more than a month after voting. It's the third count of votes. A machine recount gave Republican Dino Rossi a 42-vote edge over Democrat Christine Gregoire.

And he was blocked by Democrats from getting a permanent seat on a federal appeals court. Now Judge Charles Pickering has announced he's retiring from the federal bench. President Bush named Pickering to the 5th U.S. Circuit Court of Appeals last January while Congress was in recess. Such appointments are valid until the next Congress takes office, which will be next month.

PHILLIPS: It's been named "Book of the Year," but Jon Stewart's "America (The Book)" is not amusing the folks over at Wal-Mart. They're refusing to stock it. He's unphased, though, as he explained on "LARRY KING LIVE" last night.

(BEGIN VIDEO CLIP)

LARRY KING, HOST, "LARRY KING LIVE": Were you surprised what Wal-Mart did?

JON STEWART, TALK SHOW HOST: No, because this is not a weapon. They sell more of the guns and other things. They're not interested in the books.

"Naked Justice" is very dangerous. Can you imagine if a kid got into that and saw that? It could scar him for life.

KING: Does it, in effect, help the book though? It creates more talk.

STEWART: The controversy?

KING: No -- yes, the fact that they ban it?

STEWART: Well, that came out later. I mean, they ban a lot of things. I don't know if that's -- and the Wal-Mart, you know, is not necessarily the only place you can sell books from my understanding.

KING: But they're a big book seller.

STEWART: I think it's becoming that.

KING: Yes.

STEWART: I think it will be the only place you can sell books or anything. I don't know if you've heard of their plans. All other stores are closing down, and Wal-Mart...

KING: Will be the only store.

STEWART: The only store, and also the only place you can live.

(END VIDEO CLIP) PHILLIPS: Stewart also had an explanation of sorts for his tirade against "CROSSFIRE" host Tucker Carlson shortly before the presidential election.

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STEWART: I wanted to get that off my chest more than anything else.

KING: But it didn't go away, though. It never let up.

STEWART: What didn't?

KING: The show. The whole segment was...

STEWART: Well, it was only like 15 minutes.

KING: Yes, but it stayed in one...

STEWART: But the name of the show is "CROSSFIRE." I thought it was supposed to be. It's named after, you know, what innocent bystanders get caught in during gang violence. I mean, I thought it was supposed to be that.

Apparently, the only people you're not supposed to put in the "CROSSFIRE" are the hosts of the "CROSSFIRE." But I will say this: it did -- I think the issues that were brought up finally started a discussion within the media of whether or not I'm too big for my britches. And I think that's the important thing.

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PHILLIPS: Jon Stewart is on "LARRY KING LIVE" -- or he was on "LARRY KING LIVE" last night, rather. Tonight, Larry's guest will be former vice presidential candidate John Edwards. Don't forget to join us at 9:00 p.m. Eastern.

Thousands of American girls look up to her, and now soccer great Mia Hamm is ready to kick off a new chapter in her life. Details later on LIVE FROM.

RHONDA SCHAFFLER, CNN CORRESPONDENT: I'm Rhonda Schaffler in New York. One high-end hotel chain is looking to branch out. I'll tell you about its suite deal coming up on LIVE FROM. Don't go away.

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PHILLIPS: Hyatt, the high-end hotel chain, is trying to expand its offerings.

WHITFIELD: Rhonda Schaffler joins us from the New York Stock Exchange with more on that -- Rhonda.

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