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American Morning
House GOP to Decide on DeLay; Kobe Bryant Back in Court
Aired November 17, 2004 - 08:00 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.
BILL HEMMER, CNN ANCHOR: Good morning. Changing faces in the president's cabinet with more names to talk about already this morning.
And changing the rules in the House of Representatives to try and protect a powerful Republican in the event that he's indicted.
Also, some know about living with pain. Meet a little girl who goes through life feeling no pain.
And they say you can find anything on eBay, including a grilled cheese sandwich with the face of Virgin Mary. And eBay says, happy bidding, on this AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING, with Bill Hemmer and Soledad O'Brien.
SOLEDAD O'BRIEN, CNN ANCHOR: Good morning, welcome everybody. Some of the other stories that are making headlines this morning. The legal problems for Kobe Bryant starting up once again. The first hearing in the civil suit against him scheduled for today. This morning we talk about the legal issues facing the NBA superstar, this time around with prosecutor Linda Fairstein.
HEMMER: Also Arnold Schwarzenegger closing in on his first year anniversary as governor of California. In that year, he has gone from being a movie star to a huge star within the Republican Party. A bit later we'll take a look at the Arnold mystique and how he has done as governor so far with Larry King last night for the full hour here on CNN.
O'BRIEN: What's in the "File"?
JACK CAFFERTY, CNN ANCHOR: Before we get to that, did you just say you were going to have a story about a grilled cheese sandwich that had the face of the Virgin Mary in it?
O'BRIEN: Yes, Virgin Mary. Or just a girl's face. But you might want to read Virgin Mary into it if you're...
CAFFERTY: I just want to make sure I was on the right program.
Coming up on the "Cafferty File," it's Wednesday, "Things People Say," we'll tell you a story about a woman who was breast-feeding something besides her baby.
O'BRIEN: Ugh. CAFFERTY: And a...
(LAUGHTER)
O'BRIEN: Sorry. Continue.
CAFFERTY: And a famous actor who says he has a dog biscuit face, which is something I can relate to, actually. I saw Aaron Brown in my tuna salad last week. Did I tell you that? It was frightening. I couldn't eat.
O'BRIEN: Put it on eBay, you could make a lot of money that way, Jack.
HEMMER: The bidding begins...
O'BRIEN: Top stories now, Heidi Collins, got to look at that. Good morning, Heidi.
HEIDI COLLINS, CNN ANCHOR: The question is, did you eat the tuna fish?
CAFFERTY: No. It killed my appetite.
COLLINS: All right. Enough said. I want to get straight to the news now, though, folks. Good morning, everybody.
The husband of an aid worker, her name, Margaret Hassan, is begging to learn the truth about his wife's fate. The Arab network Al-Jazeera says it has obtained a video showing the apparent shooting of a woman identified as Hassan. The video was not aired. The 59- year-old Hassan headed the Iraqi operations of CARE International. She was abducted October 19th. Hassan's body has not yet been found.
Marine officers expanding the investigation into shooting of a wounded Iraqi insurgent in Falluja. The incident was captured on tape by a reporter last Saturday. U.S. military officials say they are now investigating the deaths of other Iraqis seen on the same videotape.
Here in the United States, House Republicans are expected to change rules this morning to make sure Tom DeLay keeps his post as majority leader. DeLay is under investigation in a campaign finance probe. His allies say it is politically motivated. In about two hours from now, a House committee votes to change a requirement forcing leaders to give up their post if they have been charged with a felony.
A health note, now. Some researchers say smog may be linked to thousands of deaths every year. The study of 95 urban areas found a small increase in the average smog level can cause a rise in death rates, especially from heart and lung disease. The study is the largest single investigation of health effects of smog, it appears in the "Journal of the American Medical Association."
HEMMER: You know, I could have saved them some money on that, or saved them some money. We could have told them that, right? I mean, it's pretty apparent.
COLLINS: A little bit of smog here in New York? No.
HEMMER: Thank you, Heidi. President Bush urging the U.S. Senate to quickly confirm Condoleeza Rice as secretary of state. Rice, one of the president's closest advisers and a personal friend nominated yesterday. To the White House now and Suzanne Malveaux watching that for us.
Good morning.
SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well, good morning, Bill. Out of 15 cabinet positions, now six resignations. About as fast as you're hearing those departures are announcements of the replacements, President Bush in a clear sign that he is eager to move on with a new team and new agenda.
(BEGIN VIDEOTAPE)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The secretary of state is America's face to the world. In Dr. Rice, the world will see the strength, the grace, and the decency of our country.
MALVEAUX (voice-over): President Bush nominated his national security adviser, Condoleeza Rice, to be his next secretary of state. Rice, a former child prodigy, classical pianist, Stanford provost and Russian studies expert, grew up in the segregated South, taught to believe with hard work, she could rise to the very top. On this day, she did.
CONDOLEEZZA RICE, SECRETARY OF STATE NOMINEE: If I am confirmed by the Senate, I look forward to working with the great people of the foreign service and the civil service. And one of my highest priorities as secretary will be to ensure that they have all the tools necessary to carry American diplomacy forward in the 21st Century.
MALVEAUX: Political analysts see the president's pick as a clear sign that the State Department will be more in step with Mr. Bush's thinking. Rice was a staunch supporter of the president in his run-up to the Iraq war. And she argued before the 9/11 Commission that the administration was serious about fighting terrorist threats before September 11th.
Congressional sources, including Democrats, say they expect a speedy confirmation for Rice, but it will include tough questions about how well she managed the National Security Council.
DAVID ROTHKOPF, CARNEGIE ENDOWMENT FOR INTL. PEACE: They dropped the ball in terms of pre-9/11 preparation for terrorism. They dropped the ball in terms of post-conflict stabilization of Iraq. They dropped the ball in terms of managing intelligence flows.
(END VIDEOTAPE)
MALVEAUX: Deputy National Security Adviser Steve Hadley is named as Rice's successor. We should let you know, as well, of course, that the president not only focusing on his foreign policy agenda but also domestic policy, the president meeting with congressional leaders for a breakfast here at the White House this morning, talking about of course passing the budget and intelligence reform -- Bill.
HEMMER: All right. Suzanne, thanks, Suzanne Malveaux there in D.C. -- Soledad.
O'BRIEN: Tom Ridge has run the Department of Homeland Security since it was elevated to the cabinet level three years ago. What would his departure mean? Republican Congressman Chris Shays of Connecticut is on Capitol Hill this morning talking to us.
Thanks to you sir. Thanks for being with us.
CHRISTOPHER SHAYS (R), CONNECTICUT: Good to be with you.
O'BRIEN: Before we talk about Secretary Ridge, I want to ask you a question about this memo that Porter Goss had sent out -- the CIA director sent out to some of his staff. And I want to read you just a little chunk of it. It said this: "As agency employees, we do not identify with, support or champion opposition to the administration or its policies."
Some say that, kind of, makes it sound like the CIA is a little bit like a partisan organization. Do you think that's fair to say?
SHAYS: I would have liked to see the memo say, "nor does it promote the administration's policies."
I mean, I think it's job is pretty well established. It needs to be, in a sense, bipartisan -- nonpartisan.
O'BRIEN: The trio of top management positions now out at the CIA. Two of them are the people who look into the clandestine operations in the CIA. If this is equivalent to a management shake-up in regular business, as we know it, doesn't this essentially put the CIA at a huge disadvantage now?
SHAYS: No. I think there needs to be real cleansing, some new faces. We not only needed to deal with the structure of intelligence, we needed to deal with the people who were there and the old ways versus moving forward and bringing in a fresh approach.
O'BRIEN: There are some people who would say it's not necessarily a fresh approach that's needed, it's more spies on the ground. A lot of what came out of the 9/11 Commission pointed to that. Doesn't this to some degree distract the moving in that direction?
SHAYS: No, I don't think so. I think you need people who are energized to say, you know, "We need to do things differently and we don't have to defend the past. Just get on with it."
O'BRIEN: Let's talk for a moment about Tom Ridge. When you consider those other departures at the CIA -- and many people say Tom Ridge is going to be next on the list -- does this make the security in our nation much more vulnerable if he step downs as well?
SHAYS: No. Tom has set up an organization. This man has worked for three-plus years, first as an adviser to the president on homeland security and then establishing a new department. He's worked seven days a week.
And he's brought in a lot of good people. You've got Asa Hutchinson who's there and others who have tremendous capabilities. This office will function without him until a replacement comes in.
And then you have possibilities, like someone like Rudy Giuliani or others who have a tremendous amount of credibility.
O'BRIEN: Condoleezza Rice moved out as national security adviser, moving on to secretary of state, of course, if she's confirmed. Stephen Hadley would then take on as national security adviser. This is a guy who's name we last heard was when he was taking the blame for the president's misinformation about Iraq getting uranium from Africa. Why is he getting promoted after a big gaffe like that?
SHAYS: Well, I'm not sure if the criticism leveled at him has been fair. But I do know this: He is tremendously capable. He has the trust of the president. And there is this sense of knowledge of what's gone in that office for a number of years and a good tie-in with the secretary of state. So it seems to me like a very logical appointment.
O'BRIEN: Lots of changes in the Cabinet. Does this surprise you at all?
SHAYS: No. These men and women have stayed on for four years in a tumultuous time and they, I think, probably stayed a little longer than they wanted. And then now we have an opportunity to move other people in.
I think what's been significant is the number of people that stayed in for the four years.
O'BRIEN: Chris Shays from Connecticut, nice to see you, sir.
(WEATHER REPORT)
HEMMER: What would you pay for half a 10-year-old grilled-cheese sandwich with a bite taken out of it? There's one on eBay now for $100 million. Ten years ago a woman in Florida bit into the grilled cheese and stopped, claiming the image of the Virgin Mary was staring back at her. After a decade on her nightstand, she decided it needed a new home. Now it is a sensation online, too, on eBay. Now only has it attracted the maximum bid, but it has spawned dozens of parity items as well. A grilled-cheese sandwich bangle earrings for $29.99. One that looks like Elvis, $21.50. And make your own grilled cheese sandwich, a kit for $1.99 online. Was that Elvis, or was that mold, Soledad.
O'BRIEN: I want to know how her sandwich didn't mold. I mean, it's 10 years old. It's made of cheese.
HEMMER: I do not know.
O'BRIEN: That's nasty. She had it on her nightstand for 10 years? Yuck, that's gross.
Still to come this morning, some folks are pushing Arnold Schwarzenegger for president. What does he have to say about that possibility. We'll take a look at that ahead.
HEMMER: Also, no pain might sound like a good thing. But for one very young girl in Georgia, it is deadly dangerous. We'll have a look at her story this morning.
O'BRIEN: And coming up next, the Kobe Bryant case part two, why the accuser might want a civil trial heard in Bryant's homestate instead of her own. That's ahead as we continue right here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Attorneys for Kobe Bryant and his accuser return to court today in Colorado. The first hearing in the civil suit against the basketball star. More now from Denver and Gary Tuchman, who's in Colorado. this morning.
(BEGIN VIDEOTAPE)
GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice over): Kobe Bryant at the American Music Awards this week.
(APPLAUSE, SOME BOOING)
TUCHMAN: The court of public opinion is still out. Two and a half months after prosecutors decided not to proceed with a criminal rape trial against him.
But a different court will now deal with the situation. The case enters a civil courtroom, where Bryant would be compelled to testify in a trial. As of now, the case will be heard by Federal Judge Richard Meach (ph). The same judge who presided over the Oklahoma City bombing trials of Timothy McVeigh and Terry Nichols.
However, the accuser's attorneys say they might ask for the case to be moved to Bryant's home state of California, where there are no caps on financial rewards.
But there might not even be a trial, because of a possibility of an agreement between both sides.
CRAIG SILVERMAN, COLORADO ATTORNEY: Kobe Bryant has some incentive to settle and move on with his life. On the other hand, he could seek vindication through a trail, a civil trial, be it in California or Colorado.
TUCHMAN: One of the woman's attorneys, John Clune, says, "She wants to get her story out there. If it settles, it settles. If not, she will testify. There will not be a resolution like the criminal case."
TUCHMAN (on camera): In that case the woman said she no longer wanted to go forward. But in a civil trial she only needs a preponderance of the evidence, not proof beyond a reasonable doubt. During this first hearing the judge is expected to ask attorneys from both sides if they have discussed a settlement.
Gary Tuchman, CNN, Denver.
(END VIDEOTAPE)
HEMMER: Before becoming a bestselling author, Linda Fairstein was a New York sex crimes prosecutor. She's back with us this morning, talking about the Bryant and the penalty phase in the Scott Peterson trial.
Good to see you again, Linda. Good morning to you.
When will we know whether or not this case can be moved to California or not?
LINDA FAIRSTEIN, FMR. PROSECUTOR: Well, I think in the next few days, we're going to find out what this hearing is about and whether or not the plaintiff's claim that she now wants to go to California is true and what the two judges will do about it.
HEMMER: What does this appear to you? Does it appear to be a case where you're going after the guilt or innocence of Kobe Bryant, or you're going after his pocketbook.
FAIRSTEIN: Well, I think you've hit the main issue. This is a young woman who walked away to go after the guilt of the defendant, to get justice for the crime that happened in a court of law. She stepped away, chose not to president at the last minute.
Watching your clip on the presidential library, I remember Dale Bumpers during the impeachment hearing, when he quoted H.L. Mencklin (ph) and said, "When they say it's not about the money, when they tell you it's not about the money, it's about the money. This seems to be entirely about the money.
HEMMER: Let's talk about the Scott Peterson case. Do you have a sense right now for jury deliberations regarding the capital phase of this trial, capital punishment?
FAIRSTEIN: From the beginning, I felt very strongly that there was overwhelming evidence of Peterson's guilt, and so I was not surprised with the jury verdict. I'm quite pleased.
I think deciding whether someone lives or dies is a very different issue and much more emotional than the factual deliberation that they had. They're going to hear from Laci's family and friends, they're going to see pictures again of both Laci's body and Conner's body and remains, and the defense is in a very difficult position. You have Geragos, who through this trial said about his client, he's a liar, he's immoral, he's a low life, he's a cad, but he didn't kill her. The jury believed not only is he a liar, low life, immoral and a cad, but he did kill her. So it's going to be hard for Geragos to now argue, he's a good guy.
HEMMER: And they believed that in short order, too, once the panel was set completely.
Is there a fair explanation as to why he was given second-degree murder for the killing of Conner and first-degree murder for the killing of Laci.
FAIRSTEIN: We haven't heard it yet, because of course this jury was sequestered and not able to speak. And there are suggestions that because the killing of Laci was the main goal. I mean, obviously, hard to believe how you could do that and not kill the unborn child, but that the premeditation went to the intent to kill Laci. I think we'll learn more when they come out of sequestration.
HEMMER: Thank you, Linda. Good to see you.
In a word or two, were you surprised about the amount of time used in deliberations?
FAIRSTEIN: I was surprised when that jury finally got together in the last day, that it came so quickly, and for me, very pleased.
HEMMER: Thank you, Linda -- Soledad.
FAIRSTEIN: Good to be here.
O'BRIEN: Still to come this morning, the NFL is the hottest sports league in America and "Desperate Housewives" is one of the hottest shows around. Put them together, they might be a little too hot for television. We'll take a look at that just ahead, as we continue right here on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: ABC is apologizing for its steamy opening to this week's "Monday Night Football" game after complaints from viewers and the league. The segment spoofed the network's hit series "Desperate Housewives," featuring a sexually suggestive locker room meeting between actress Nicollette Sheridan and the Eagles' Terrell Owens.
(BEGIN VIDEO CLIP FROM "MONDAY NIGHT FOOTBALL")
NICOLLETTE SHERIDAN, ACTOR: Terrell, wait!
TERRELL OWENS, FOOTBALL PLAYER: Oh, hell, the team's going to have to win this one without me.
TERI HATCHER, ACTOR: Oh, my god. Who watches this trash? Sex, lies, betrayal.
(END VIDEO CLIP) O'BRIEN: ABC said yesterday: "We've heard from many of our viewers about last night's 'Monday Night Football' opening segment. We agree the placement was inappropriate. We apologize."
CAFFERTY: Didn't the NFL whine about this, too?
O'BRIEN: They did. They said that they lost out as well, though it was done in the locker room with an NFL player, it wasn't like actors.
CAFFERTY: You know, the score of that game was 49-21. That was the most interesting 30 seconds of the entire 3 1/2 hours right there.
HEMMER: Nobody would be talking about that game now unless that happened. You know what I was thinking, you know these corporations gobbling up these other companies, all this talk about synergy. That's the best form we've seen so far. ABC "Monday Night Football" promoting another program that's done quite well at a different time.
CAFFERTY: It's called leveraging.
O'BRIEN: Yes, and then apologizing in advance after dozens of complaints.
CAFFERTY: Wait until you see what they do next week.
Anyway, much more serious fare, the NBC footage, a different network, the one with that Marine in Falluja got a huge reaction. The Marine went into a mosque two days after he had been shot in the face by insurgents and days after a close friend of his had been killed by a boobytrapped body. The problem with pictures like we saw here is that we see them out of context, missing are the violent and bloody actions that often lead up to those kinds of moments.
Commanders defended the Marine, saying that the tactics used by the insurgents violate the rules of engagement. They boobytrap corpses, they feint surrender, they hide behind civilians. The Pentagon says it's concerned about how that tape will play in the Arab world? I don't think I would worry a lot about that.
"Should TV cameras follow combat troops during war?" Well over a thousand e-mails in an hour. So obviously a lot of people have strong feelings about this stuff.
Mark in New York writes: "If not for the cameras, we would never know about the Abu Ghraib torture or the execution of an apparently unarmed POW in a mosque. You just have to wonder what terrible things are happening outside the gaze of the cameras."
Christine in Daytona: "TV camera people should not be in the front line unless they put the camera down and are willing to help our troops win this ugly battle, not destroy them for what they were sent there to do. Has the news media forgotten the people that were murdered on September 11th and those that have been beheaded?"
Al in Dallas City, Illinois: "Welcome to the 21st Century, Jack. Gone are the days of the newsreels being played in theaters weeks after it happens."
And Dave writes from Japan: "Of course they should, Jack. How else would we have discovered this latest insurgent technique of masquerading as an unarmed semiconscious old man?"
Am@cnn.com.
HEMMER: I don't know how you feel about it. I'm a big supporter of it. I think it's the best way for us to get a story from what's happening on the other side.
O'BRIEN: The embedded reporters.
HEMMER: Yes, I am going to get you guys a copy of a story that ran last night on Aaron's show on "NEWSNIGHT." It was filed by an ITN reporter, it ran about five minutes long. She followed this group of Marines through Falluja through that day. And it is extraordinary the experiences these men came across.
And if you can see this. His name's Campbell (ph). I have no more information because it was on his helmet and it was on the back of his uniform. If you could see the way this guy was directing his fellow Marines, in the heat of this battle with bullets flying everywhere, you'd be quite impressed.
CAFFERTY: I'll bet.
HEMMER: I'll get it for you.
CAFFERTY: OK, good, thanks.
O'BRIEN: Coming up in just a moment, Republicans in Congress could be changing a rule to help one of their own. We're going to take a look at that.
Plus, every child gets their bumps and bruises. But for a little girl who doesn't feel any pain, it means she's in danger every single day.
We're "Paging Dr. Gupta" to find out why. Stay with us. You're watching AMERICAN MORNING.
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 November 17, 2004 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Good morning. Changing faces in the president's cabinet with more names to talk about already this morning.
And changing the rules in the House of Representatives to try and protect a powerful Republican in the event that he's indicted.
Also, some know about living with pain. Meet a little girl who goes through life feeling no pain.
And they say you can find anything on eBay, including a grilled cheese sandwich with the face of Virgin Mary. And eBay says, happy bidding, on this AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING, with Bill Hemmer and Soledad O'Brien.
SOLEDAD O'BRIEN, CNN ANCHOR: Good morning, welcome everybody. Some of the other stories that are making headlines this morning. The legal problems for Kobe Bryant starting up once again. The first hearing in the civil suit against him scheduled for today. This morning we talk about the legal issues facing the NBA superstar, this time around with prosecutor Linda Fairstein.
HEMMER: Also Arnold Schwarzenegger closing in on his first year anniversary as governor of California. In that year, he has gone from being a movie star to a huge star within the Republican Party. A bit later we'll take a look at the Arnold mystique and how he has done as governor so far with Larry King last night for the full hour here on CNN.
O'BRIEN: What's in the "File"?
JACK CAFFERTY, CNN ANCHOR: Before we get to that, did you just say you were going to have a story about a grilled cheese sandwich that had the face of the Virgin Mary in it?
O'BRIEN: Yes, Virgin Mary. Or just a girl's face. But you might want to read Virgin Mary into it if you're...
CAFFERTY: I just want to make sure I was on the right program.
Coming up on the "Cafferty File," it's Wednesday, "Things People Say," we'll tell you a story about a woman who was breast-feeding something besides her baby.
O'BRIEN: Ugh. CAFFERTY: And a...
(LAUGHTER)
O'BRIEN: Sorry. Continue.
CAFFERTY: And a famous actor who says he has a dog biscuit face, which is something I can relate to, actually. I saw Aaron Brown in my tuna salad last week. Did I tell you that? It was frightening. I couldn't eat.
O'BRIEN: Put it on eBay, you could make a lot of money that way, Jack.
HEMMER: The bidding begins...
O'BRIEN: Top stories now, Heidi Collins, got to look at that. Good morning, Heidi.
HEIDI COLLINS, CNN ANCHOR: The question is, did you eat the tuna fish?
CAFFERTY: No. It killed my appetite.
COLLINS: All right. Enough said. I want to get straight to the news now, though, folks. Good morning, everybody.
The husband of an aid worker, her name, Margaret Hassan, is begging to learn the truth about his wife's fate. The Arab network Al-Jazeera says it has obtained a video showing the apparent shooting of a woman identified as Hassan. The video was not aired. The 59- year-old Hassan headed the Iraqi operations of CARE International. She was abducted October 19th. Hassan's body has not yet been found.
Marine officers expanding the investigation into shooting of a wounded Iraqi insurgent in Falluja. The incident was captured on tape by a reporter last Saturday. U.S. military officials say they are now investigating the deaths of other Iraqis seen on the same videotape.
Here in the United States, House Republicans are expected to change rules this morning to make sure Tom DeLay keeps his post as majority leader. DeLay is under investigation in a campaign finance probe. His allies say it is politically motivated. In about two hours from now, a House committee votes to change a requirement forcing leaders to give up their post if they have been charged with a felony.
A health note, now. Some researchers say smog may be linked to thousands of deaths every year. The study of 95 urban areas found a small increase in the average smog level can cause a rise in death rates, especially from heart and lung disease. The study is the largest single investigation of health effects of smog, it appears in the "Journal of the American Medical Association."
HEMMER: You know, I could have saved them some money on that, or saved them some money. We could have told them that, right? I mean, it's pretty apparent.
COLLINS: A little bit of smog here in New York? No.
HEMMER: Thank you, Heidi. President Bush urging the U.S. Senate to quickly confirm Condoleeza Rice as secretary of state. Rice, one of the president's closest advisers and a personal friend nominated yesterday. To the White House now and Suzanne Malveaux watching that for us.
Good morning.
SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well, good morning, Bill. Out of 15 cabinet positions, now six resignations. About as fast as you're hearing those departures are announcements of the replacements, President Bush in a clear sign that he is eager to move on with a new team and new agenda.
(BEGIN VIDEOTAPE)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The secretary of state is America's face to the world. In Dr. Rice, the world will see the strength, the grace, and the decency of our country.
MALVEAUX (voice-over): President Bush nominated his national security adviser, Condoleeza Rice, to be his next secretary of state. Rice, a former child prodigy, classical pianist, Stanford provost and Russian studies expert, grew up in the segregated South, taught to believe with hard work, she could rise to the very top. On this day, she did.
CONDOLEEZZA RICE, SECRETARY OF STATE NOMINEE: If I am confirmed by the Senate, I look forward to working with the great people of the foreign service and the civil service. And one of my highest priorities as secretary will be to ensure that they have all the tools necessary to carry American diplomacy forward in the 21st Century.
MALVEAUX: Political analysts see the president's pick as a clear sign that the State Department will be more in step with Mr. Bush's thinking. Rice was a staunch supporter of the president in his run-up to the Iraq war. And she argued before the 9/11 Commission that the administration was serious about fighting terrorist threats before September 11th.
Congressional sources, including Democrats, say they expect a speedy confirmation for Rice, but it will include tough questions about how well she managed the National Security Council.
DAVID ROTHKOPF, CARNEGIE ENDOWMENT FOR INTL. PEACE: They dropped the ball in terms of pre-9/11 preparation for terrorism. They dropped the ball in terms of post-conflict stabilization of Iraq. They dropped the ball in terms of managing intelligence flows.
(END VIDEOTAPE)
MALVEAUX: Deputy National Security Adviser Steve Hadley is named as Rice's successor. We should let you know, as well, of course, that the president not only focusing on his foreign policy agenda but also domestic policy, the president meeting with congressional leaders for a breakfast here at the White House this morning, talking about of course passing the budget and intelligence reform -- Bill.
HEMMER: All right. Suzanne, thanks, Suzanne Malveaux there in D.C. -- Soledad.
O'BRIEN: Tom Ridge has run the Department of Homeland Security since it was elevated to the cabinet level three years ago. What would his departure mean? Republican Congressman Chris Shays of Connecticut is on Capitol Hill this morning talking to us.
Thanks to you sir. Thanks for being with us.
CHRISTOPHER SHAYS (R), CONNECTICUT: Good to be with you.
O'BRIEN: Before we talk about Secretary Ridge, I want to ask you a question about this memo that Porter Goss had sent out -- the CIA director sent out to some of his staff. And I want to read you just a little chunk of it. It said this: "As agency employees, we do not identify with, support or champion opposition to the administration or its policies."
Some say that, kind of, makes it sound like the CIA is a little bit like a partisan organization. Do you think that's fair to say?
SHAYS: I would have liked to see the memo say, "nor does it promote the administration's policies."
I mean, I think it's job is pretty well established. It needs to be, in a sense, bipartisan -- nonpartisan.
O'BRIEN: The trio of top management positions now out at the CIA. Two of them are the people who look into the clandestine operations in the CIA. If this is equivalent to a management shake-up in regular business, as we know it, doesn't this essentially put the CIA at a huge disadvantage now?
SHAYS: No. I think there needs to be real cleansing, some new faces. We not only needed to deal with the structure of intelligence, we needed to deal with the people who were there and the old ways versus moving forward and bringing in a fresh approach.
O'BRIEN: There are some people who would say it's not necessarily a fresh approach that's needed, it's more spies on the ground. A lot of what came out of the 9/11 Commission pointed to that. Doesn't this to some degree distract the moving in that direction?
SHAYS: No, I don't think so. I think you need people who are energized to say, you know, "We need to do things differently and we don't have to defend the past. Just get on with it."
O'BRIEN: Let's talk for a moment about Tom Ridge. When you consider those other departures at the CIA -- and many people say Tom Ridge is going to be next on the list -- does this make the security in our nation much more vulnerable if he step downs as well?
SHAYS: No. Tom has set up an organization. This man has worked for three-plus years, first as an adviser to the president on homeland security and then establishing a new department. He's worked seven days a week.
And he's brought in a lot of good people. You've got Asa Hutchinson who's there and others who have tremendous capabilities. This office will function without him until a replacement comes in.
And then you have possibilities, like someone like Rudy Giuliani or others who have a tremendous amount of credibility.
O'BRIEN: Condoleezza Rice moved out as national security adviser, moving on to secretary of state, of course, if she's confirmed. Stephen Hadley would then take on as national security adviser. This is a guy who's name we last heard was when he was taking the blame for the president's misinformation about Iraq getting uranium from Africa. Why is he getting promoted after a big gaffe like that?
SHAYS: Well, I'm not sure if the criticism leveled at him has been fair. But I do know this: He is tremendously capable. He has the trust of the president. And there is this sense of knowledge of what's gone in that office for a number of years and a good tie-in with the secretary of state. So it seems to me like a very logical appointment.
O'BRIEN: Lots of changes in the Cabinet. Does this surprise you at all?
SHAYS: No. These men and women have stayed on for four years in a tumultuous time and they, I think, probably stayed a little longer than they wanted. And then now we have an opportunity to move other people in.
I think what's been significant is the number of people that stayed in for the four years.
O'BRIEN: Chris Shays from Connecticut, nice to see you, sir.
(WEATHER REPORT)
HEMMER: What would you pay for half a 10-year-old grilled-cheese sandwich with a bite taken out of it? There's one on eBay now for $100 million. Ten years ago a woman in Florida bit into the grilled cheese and stopped, claiming the image of the Virgin Mary was staring back at her. After a decade on her nightstand, she decided it needed a new home. Now it is a sensation online, too, on eBay. Now only has it attracted the maximum bid, but it has spawned dozens of parity items as well. A grilled-cheese sandwich bangle earrings for $29.99. One that looks like Elvis, $21.50. And make your own grilled cheese sandwich, a kit for $1.99 online. Was that Elvis, or was that mold, Soledad.
O'BRIEN: I want to know how her sandwich didn't mold. I mean, it's 10 years old. It's made of cheese.
HEMMER: I do not know.
O'BRIEN: That's nasty. She had it on her nightstand for 10 years? Yuck, that's gross.
Still to come this morning, some folks are pushing Arnold Schwarzenegger for president. What does he have to say about that possibility. We'll take a look at that ahead.
HEMMER: Also, no pain might sound like a good thing. But for one very young girl in Georgia, it is deadly dangerous. We'll have a look at her story this morning.
O'BRIEN: And coming up next, the Kobe Bryant case part two, why the accuser might want a civil trial heard in Bryant's homestate instead of her own. That's ahead as we continue right here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Attorneys for Kobe Bryant and his accuser return to court today in Colorado. The first hearing in the civil suit against the basketball star. More now from Denver and Gary Tuchman, who's in Colorado. this morning.
(BEGIN VIDEOTAPE)
GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice over): Kobe Bryant at the American Music Awards this week.
(APPLAUSE, SOME BOOING)
TUCHMAN: The court of public opinion is still out. Two and a half months after prosecutors decided not to proceed with a criminal rape trial against him.
But a different court will now deal with the situation. The case enters a civil courtroom, where Bryant would be compelled to testify in a trial. As of now, the case will be heard by Federal Judge Richard Meach (ph). The same judge who presided over the Oklahoma City bombing trials of Timothy McVeigh and Terry Nichols.
However, the accuser's attorneys say they might ask for the case to be moved to Bryant's home state of California, where there are no caps on financial rewards.
But there might not even be a trial, because of a possibility of an agreement between both sides.
CRAIG SILVERMAN, COLORADO ATTORNEY: Kobe Bryant has some incentive to settle and move on with his life. On the other hand, he could seek vindication through a trail, a civil trial, be it in California or Colorado.
TUCHMAN: One of the woman's attorneys, John Clune, says, "She wants to get her story out there. If it settles, it settles. If not, she will testify. There will not be a resolution like the criminal case."
TUCHMAN (on camera): In that case the woman said she no longer wanted to go forward. But in a civil trial she only needs a preponderance of the evidence, not proof beyond a reasonable doubt. During this first hearing the judge is expected to ask attorneys from both sides if they have discussed a settlement.
Gary Tuchman, CNN, Denver.
(END VIDEOTAPE)
HEMMER: Before becoming a bestselling author, Linda Fairstein was a New York sex crimes prosecutor. She's back with us this morning, talking about the Bryant and the penalty phase in the Scott Peterson trial.
Good to see you again, Linda. Good morning to you.
When will we know whether or not this case can be moved to California or not?
LINDA FAIRSTEIN, FMR. PROSECUTOR: Well, I think in the next few days, we're going to find out what this hearing is about and whether or not the plaintiff's claim that she now wants to go to California is true and what the two judges will do about it.
HEMMER: What does this appear to you? Does it appear to be a case where you're going after the guilt or innocence of Kobe Bryant, or you're going after his pocketbook.
FAIRSTEIN: Well, I think you've hit the main issue. This is a young woman who walked away to go after the guilt of the defendant, to get justice for the crime that happened in a court of law. She stepped away, chose not to president at the last minute.
Watching your clip on the presidential library, I remember Dale Bumpers during the impeachment hearing, when he quoted H.L. Mencklin (ph) and said, "When they say it's not about the money, when they tell you it's not about the money, it's about the money. This seems to be entirely about the money.
HEMMER: Let's talk about the Scott Peterson case. Do you have a sense right now for jury deliberations regarding the capital phase of this trial, capital punishment?
FAIRSTEIN: From the beginning, I felt very strongly that there was overwhelming evidence of Peterson's guilt, and so I was not surprised with the jury verdict. I'm quite pleased.
I think deciding whether someone lives or dies is a very different issue and much more emotional than the factual deliberation that they had. They're going to hear from Laci's family and friends, they're going to see pictures again of both Laci's body and Conner's body and remains, and the defense is in a very difficult position. You have Geragos, who through this trial said about his client, he's a liar, he's immoral, he's a low life, he's a cad, but he didn't kill her. The jury believed not only is he a liar, low life, immoral and a cad, but he did kill her. So it's going to be hard for Geragos to now argue, he's a good guy.
HEMMER: And they believed that in short order, too, once the panel was set completely.
Is there a fair explanation as to why he was given second-degree murder for the killing of Conner and first-degree murder for the killing of Laci.
FAIRSTEIN: We haven't heard it yet, because of course this jury was sequestered and not able to speak. And there are suggestions that because the killing of Laci was the main goal. I mean, obviously, hard to believe how you could do that and not kill the unborn child, but that the premeditation went to the intent to kill Laci. I think we'll learn more when they come out of sequestration.
HEMMER: Thank you, Linda. Good to see you.
In a word or two, were you surprised about the amount of time used in deliberations?
FAIRSTEIN: I was surprised when that jury finally got together in the last day, that it came so quickly, and for me, very pleased.
HEMMER: Thank you, Linda -- Soledad.
FAIRSTEIN: Good to be here.
O'BRIEN: Still to come this morning, the NFL is the hottest sports league in America and "Desperate Housewives" is one of the hottest shows around. Put them together, they might be a little too hot for television. We'll take a look at that just ahead, as we continue right here on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: ABC is apologizing for its steamy opening to this week's "Monday Night Football" game after complaints from viewers and the league. The segment spoofed the network's hit series "Desperate Housewives," featuring a sexually suggestive locker room meeting between actress Nicollette Sheridan and the Eagles' Terrell Owens.
(BEGIN VIDEO CLIP FROM "MONDAY NIGHT FOOTBALL")
NICOLLETTE SHERIDAN, ACTOR: Terrell, wait!
TERRELL OWENS, FOOTBALL PLAYER: Oh, hell, the team's going to have to win this one without me.
TERI HATCHER, ACTOR: Oh, my god. Who watches this trash? Sex, lies, betrayal.
(END VIDEO CLIP) O'BRIEN: ABC said yesterday: "We've heard from many of our viewers about last night's 'Monday Night Football' opening segment. We agree the placement was inappropriate. We apologize."
CAFFERTY: Didn't the NFL whine about this, too?
O'BRIEN: They did. They said that they lost out as well, though it was done in the locker room with an NFL player, it wasn't like actors.
CAFFERTY: You know, the score of that game was 49-21. That was the most interesting 30 seconds of the entire 3 1/2 hours right there.
HEMMER: Nobody would be talking about that game now unless that happened. You know what I was thinking, you know these corporations gobbling up these other companies, all this talk about synergy. That's the best form we've seen so far. ABC "Monday Night Football" promoting another program that's done quite well at a different time.
CAFFERTY: It's called leveraging.
O'BRIEN: Yes, and then apologizing in advance after dozens of complaints.
CAFFERTY: Wait until you see what they do next week.
Anyway, much more serious fare, the NBC footage, a different network, the one with that Marine in Falluja got a huge reaction. The Marine went into a mosque two days after he had been shot in the face by insurgents and days after a close friend of his had been killed by a boobytrapped body. The problem with pictures like we saw here is that we see them out of context, missing are the violent and bloody actions that often lead up to those kinds of moments.
Commanders defended the Marine, saying that the tactics used by the insurgents violate the rules of engagement. They boobytrap corpses, they feint surrender, they hide behind civilians. The Pentagon says it's concerned about how that tape will play in the Arab world? I don't think I would worry a lot about that.
"Should TV cameras follow combat troops during war?" Well over a thousand e-mails in an hour. So obviously a lot of people have strong feelings about this stuff.
Mark in New York writes: "If not for the cameras, we would never know about the Abu Ghraib torture or the execution of an apparently unarmed POW in a mosque. You just have to wonder what terrible things are happening outside the gaze of the cameras."
Christine in Daytona: "TV camera people should not be in the front line unless they put the camera down and are willing to help our troops win this ugly battle, not destroy them for what they were sent there to do. Has the news media forgotten the people that were murdered on September 11th and those that have been beheaded?"
Al in Dallas City, Illinois: "Welcome to the 21st Century, Jack. Gone are the days of the newsreels being played in theaters weeks after it happens."
And Dave writes from Japan: "Of course they should, Jack. How else would we have discovered this latest insurgent technique of masquerading as an unarmed semiconscious old man?"
Am@cnn.com.
HEMMER: I don't know how you feel about it. I'm a big supporter of it. I think it's the best way for us to get a story from what's happening on the other side.
O'BRIEN: The embedded reporters.
HEMMER: Yes, I am going to get you guys a copy of a story that ran last night on Aaron's show on "NEWSNIGHT." It was filed by an ITN reporter, it ran about five minutes long. She followed this group of Marines through Falluja through that day. And it is extraordinary the experiences these men came across.
And if you can see this. His name's Campbell (ph). I have no more information because it was on his helmet and it was on the back of his uniform. If you could see the way this guy was directing his fellow Marines, in the heat of this battle with bullets flying everywhere, you'd be quite impressed.
CAFFERTY: I'll bet.
HEMMER: I'll get it for you.
CAFFERTY: OK, good, thanks.
O'BRIEN: Coming up in just a moment, Republicans in Congress could be changing a rule to help one of their own. We're going to take a look at that.
Plus, every child gets their bumps and bruises. But for a little girl who doesn't feel any pain, it means she's in danger every single day.
We're "Paging Dr. Gupta" to find out why. Stay with us. You're watching AMERICAN MORNING.
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