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American Morning
NBA Issues Harshest Suspensions in Association's History
Aired November 22, 2004 - 07:00 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.
(BEGIN VIDEO CLIP)
DAVID STERN, COMMISSIONER, NATIONAL BASKETBALL ASSOCIATION (NBA): Each of the players are going to have to satisfy us that they understand the gravity of what they have done.
(END VIDEO CLIP)
BILL HEMMER, CNN ANCHOR: NBA commissioner, David Stern, lowering the boom. Nine players suspended for a total of 143 games. And now the players union answers back.
Rampage in Wisconsin woods, a dispute between deer hunters leaves five people dead.
And the time has come to decide life or death for Scott Peterson, emotional testimony expected on this AMERICAN WARNING.
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 to Monday, everybody.
Lots of talk this morning about whether NBA commissioner gave the right punishment after Friday night's melee in Detroit -- maybe that's an understatement -- almost a near riot.
Nine players now suspended for that, toward the end of a Pistons- Pacers game. Some of them suspended for fighting with fans, some for fighting each other.
About $11.5 million in salary wiped away. This morning we talk to former NBA star, Charles Barkley, about what he thinks happened on Friday and what he thinks of the commissioner's response.
HEMMER: Absolute disgrace, too. You see the young children there in Auburn Hills on Friday night, too, just stunned and a lot of them crying as they watched it.
A total disgrace that will live on for years still, and we'll talk about it through the morning here.
Also in a moment here, if you have holiday travel plans this week, some words of warning, leave early and bring extra cash. A bit later we'll look into what you can expect in airports and on the highways as we get ready for the Thanksgiving holiday later this week. O'BRIEN: That's good advice at any time, right Bill?
HEMMER: Yes.
JACK CAFFERTY, CNN ANCHOR: Yes, ma'am, absolutely.
O'BRIEN: Leave early, bring cash.
CAFFERTY: Yes. You know what the congress is really good at doing? I'm critical about government, but there's something they're really good at doing, which is devoting to adjourn for the holidays or voting to adjourn for a recess.
They went home for Thanksgiving, once again failing to pass an overhaul of the nation's intelligence, as recommended by the 9/11 commission, despite the fact that all of us taxpayers who pay for their plane tickets home for Thanksgiving want something done.
We'll take a look at our government's continuing failure to provide for the nation's security.
HEMMER: All right, Jack, thanks. Carol Costello also with us today, starting us off with the headlines. Carol, good morning.
CAROL COSTELLO, CNN ANCHOR: Good morning, Bill. Thank you.
Now in the news, President Bush heads to Colombia this morning after wrapping up this weekend's economic summit in Santiago, Chile. In a rare moment Saturday, the president was left without one of his Secret Service agents.
President Bush reached in and pulled one of his bodyguards through a crowd after Chilean security services blocked him from entering the event. The White House calls it an incident -- calls the incident, rather, a misunderstanding.
However, plans for a state dinner at Chile's presidential palace were scratched last night due to a dispute over security concerns.
Secretary of State Colin Powell was in the Middle East to discuss arrangements for Palestinian elections set for January 9. Secretary Powell met with Israeli Prime Minister, Ariel Sharon, about an hour ago. He's also holding talks with Palestinian leaders in the West Bank town of Jericho later today.
This is the first time Powell has held direct talks with both sides since the death of Palestinian leader, Yasser Arafat.
Here in the states, the sentencing phase begins today in the Scott Peterson trial. Peterson was found guilty of killing his wife Laci and her unborn son less than two weeks ago. Jurors must now choose between a life sentence or the death penalty.
Opening arguments in the penalty phase set for noon Eastern, but a delay is possible if the judge accepts a motion to seat a new jury. And floods have cause Texas residents to flee their homes. Storms dropped nearly 15 inches of rain yesterday, causing about 250 people in El Campo to evacuate. El Campo is about 70 miles southwest of Houston.
Authorities used air boats and large trucks to move people to temporary shelters. Flood waters also shut down portions of highway 59. And forecasters say five more inches of rain could fall today.
Back to you guys.
HEMMER: All right, Carol. See you a little bit later over here. Thanks, Carol.
The NBA has taken swift action, some of the most severe penalties in league history now handed down after the all-out brawl on Friday night. Our coverage begins this morning with Steve Overmyer.
(BEGIN VIDEO CLIP)
STEVE OVERMYER (voice-over): The punishments for those involved in Friday night's brawl between the Pacers, the Pistons and n their fans were nearly as staggering as the scene at The Palace was stunning. Ron Artest suspended for the remainder of the season, the longest suspension in league history.
Stephen Jackson, gone for 30 games. Jermaine O'Neal, 25. And Ben Wallace, six games. In all, three of the five longest suspensions the NBA has ever seen.
STERN: Between 20,000 and 25,000 games, this is the worst one I've ever seen in the NBA, period.
OVERMEYER: But it's not the first-time we've seen a player go into the stands. In 1995, Vernon Maxwell attacked a heckler. He received an 11 game suspension.
Dennis Rodman got 10 games for kicking a cameraman. Artest gets 73 games plus any potential playoff games. The NBA Players Association will appeal the suspension.
As for Artest, he's released a statement apologizing for his actions. But says while he respects David Stern, "I don't think he has been fair with me in this situation."
This is not the first time Artest has been suspended by the NBA. In 2002, he lost his temper after one game wrecking havoc on a TV monitor and camera. In the past two years, he has been suspended a total of seven times by the league.
STERN: I did not strike from my mind the fact that Ron Artest has been suspended on previous occasions for the loss of self-control. In addition, I would say that each of the players are going to have to satisfy us that they understand the gravity of what they've done and that we have assurances that it will not be repeated by them. OVERMEYER: The ramifications of the brawl will reach further than just suspensions. A criminal investigation is ongoing, and the NBA will adopt new security measures.
However, the severity of the penalties does send a clear message that the NBA is not afraid to police their players with "Stern" justice.
Steve Overmyer, CNN, Atlanta.
(END VIDEOTAPE)
HEMMER: Former NBA star and basketball commentator, Charles Barkley, now with us live from Birmingham, Alabama this morning to talk about this.
Charles, good morning to you and welcome back here to AMERICAN MORNING.
CHARLES BARKLEY, FORMER NBA PLAYER AND COMMENTATOR: Thank you. Good morning.
HEMMER: There's a lot we can talk about -- and we will in a moment here. Let's start with the reaction from the league. Was it appropriate?
BARKLEY: Well, obviously they had to come down really heavy- handed. The only thing I have a problem with, I wish they had not suspended Ron Artest for the entire season.
I wish they would have suspended him for 50 games, sent him to anger management, something along those lines. That's really the only thing I disagree with.
HEMMER: Why do you believe that should be the case, as opposed to kicking him out for the rest of the year?
BARKLEY: Well, because I think he's not going to learn a lesson. Ron Artest needs help. I said on the show last week, I didn't make fun of him when he wanted to take a month off to work on an album. I think he has something going on upstairs. And I think we could have used him as an example to help him.
HEMMER: The commissioner, David Stern, has been imploring the league for some time now to try and protect the NBA brand. Where does that brand stand today when people all over the world, not just in this country, watch the videotape that we're watching again this morning?
BARKLEY: Well, the videotape is scary. It obviously put a stain, a black eye, on the game of basketball. But my biggest problem is, you know, I've heard all these announcers talk about this and that -- security, whatever.
But I thought the NBA officials and the security at The Palace, they were doing a great job. The thing was over. First of all, let me say I thought Ben Wallace overreacted. But everything was under control until that fan hit Ron Artest. That started the whole thing. It was all over.
HEMMER: You had your own incident, going back 13 years when you tried to essentially spit on a heckler on the side court and hit an eight-year-old girl at the time. That was back in 1991.
Give me an idea, Charles, about how players go over the line and what sets them off to get a guy like Artest to get off that scorers table on Friday night and react the way he did. And then have his other players follow him into the stands after him.
BARKLEY: Well if somebody hits you, you have the right to hit them back. That's where me and commissioner Stern disagree with. Any time a fan touches you, you have the right to beat the hell out of them.
Forget, we were -- I'm a man. I'm not going to let anybody disrespect me. I mean I don't believe in that. They can say whatever they want to, but once they come close enough to touch you or throw something on you, you have the right to beat the hell out of them.
HEMMER: Let's try and be clear on what you're trying to say there. He was not touched physically. He was hit with a flying object. It looked like maybe a - maybe a cup of soda filled with ice came over and hit him in the chest.
BARKLEY: So, that's not being touched physically?
HEMMER: I'm just asking to clear it up. There is a big difference.
BARKLEY: Oh yes, so let me clear it up for you..
HEMMER: Go ahead.
BARKLEY: If somebody hits you with an object, you should go and beat the hell out of them.
HEMMER: But what I'm saying to you is that had Ron Artest not gotten up and gone into the stands, Charles, we would not have seen what ensued after that had he been able to control his temper...
BARKLEY: No question. I'm not going to...
HEMMER: ... we would not be looking at this now.
BARKLEY: I'm not going to defend what Ron Artest did, but the fans really crossed that line Friday night. They've been crossing it for years.
But when you hit a professional athlete with an object, you know, that crosses the line. Ron -- you should never go in the stands. And it's easy to sit back after the fact. But if somebody just hits you, your normal reaction is to hit them back. You don't have the time to think about, oh, I'm a professional athlete. If somebody hits you with a flying object, a normal reaction, especially in the heat of the game or the heat of the moment, it's just a normal reaction.
I'm not going to condone going in the stands. But once a fan -- a fan does not pay -- because he buys a ticket, cannot throw a beer or cup of ice or soda at you.
HEMMER: On Christmas day, the Pistons play the Pacers in Indianapolis. We will see the rematch then.
Charles, thanks for your time this morning live in Birmingham.
BARKLEY: You're very welcome.
HEMMER: It was great talking to you. OK - Soledad?
O'BRIEN: An intelligence bill that would have meant sweeping changes to the way the U.S. gathers, analyzes and disseminates information and who's in charge of it all failed during a special, weekend session of congress.
Joining us this morning to talk about that, two of the 9/11 commissioners who recommended the intelligence changes. John Lehman is right here in the studio with us, and Tim Roemer joins us from Washington.
Gentlemen, good morning, nice to see you both.
Commissioner -- Chairman -- Commissioner Lehman, let's just start with you. Who do you blame for the stalling of this bill?
JOHN LEHMAN, FMR. 9/11 COMMISSIONER: Well, first of all, one of the clearest things that came out of our two year investigation was that the intelligence community does not work. It's dysfunctional. Nobody's in charge. There's no quarterback.
And that led to many of the failures that allowed 9/11 to happen. Our recommendations were to put somebody in charge, to hold somebody accountable, to give him the power, or her, the power to coordinate, to put IT systems in that allow sharing, allow the right information to get to the president.
And both the House and Senate passed bills that largely implemented that recommendation. But they take on the iron triangle, which is the permanent government, the permanent congressional establishment and the lobbyists on K Street.
All of those people lose authority if this NID is established and they have all been fighting hammer and tongue to block this legislation. You saw John McCain rightly characterize CIA as a rogue agency. They've been in open rebellion against this legislation.
The other of the intelligence agencies have been fighting it behind the scenes. And the lobbyists who are going to lose a good deal of influence over the satellite programs and so forth are out in force.
O'BRIEN: Here are some of the names that have listed, Commissioner Roemer -- the secretary of defense, the House armed services committee chairman, Duncan Hunter, also the House judiciary committee chairman, Jim Sensenbrenner.
Do you think these gentlemen, and maybe some more, as we just heard a moment ago from Commissioner Lehman, are the ones who are really standing in the way of this?
TIM ROEMER, FMR. 9/11 COMMISSIONER: Let me put it very simply, Soledad. We saw intelligence failures, FBI mistakes, border patrol and Visa problems leading up to 9/11, and we lost 3,000 people.
How many more body bags are we going to need to see before the United States congress and the White House reorganize and modernize our defense and intelligence systems that are in disarray out in Langley right now and modernize these...
O'BRIEN: But isn't...
ROEMER: ... against the threat that we face.
Soledad, it was plain and simple what happened over the weekend. It was a political failure to pass widely supported bipartisan reforms...
O'BRIEN: But there is an argument...
ROEMER: ... that will modernize the system.
O'BRIEN: There is an argument that there should not be a rush to this. And we heard the argument, in fact, from Chairman Hunter, that it puts the troops in the field in danger.
We heard the argument from Chairman Sensenbrenner...
ROEMER: Absolutely a false...
O'BRIEN: ... that there are some issues with immigration that still need to be addressed, and in this legislation.
ROEMER: Absolutely false claims on all parts. First of all, the 9/11 commission would not put the war fighter in harm's way. We want to make sure that war fighter in Falluja gets the right information, in the right fashion and is protected.
But we're against enemies now, Soledad, that are not just in Iraq, they are all over the world. Al Qaeda is metastasizing all over the world and able to fight the United States in many different fashions, from the cold war now to this hot Jihadist war.
Congress and the White House failed, over the weekend, to provide the political leadership to get this bill before the American people. And the American people, I hope, and the 9/11 families, I hope, will be angered by this.
Look, Soledad, this is not new. Many commissions have made these same recommendations for years, a decade. It's been three years since we've been attacked.
We've lost more people in America in the war on terror, 3,000, than we have our brave soldiers in Iraq, where we have lost 1,200 people.
O'BRIEN: Quickly...
ROEMER: It is time for the White House and the congress to protect the American people, update their security systems before we're hit again.
O'BRIEN: Final question for Commissioner Lehman, Pat Roberts, a Republican senator, said that this could go all the way to the White House. That he thinks -- he implied that maybe the White House wasn't doing enough?
Do you agree? Do you think President Bush needs to be doing more?
LEHMAN: Well, I think the test is coming in the next two weeks. President Bush actually went pretty far. He was on the road in Chile. He made several calls. He thought he had it locked up.
But this is the classic confrontation you see in Washington that they can sell tickets for because the president now has been challenged directly by the leadership of the congress, and by the lobbyists and by the bureaucracy.
Now, he's got to show who's in charge. And this -- there's no doubt he can pass this. He can get it passed if he chooses to use his political capital and to hold accountable any members that obstruct this passage.
O'BRIEN: You're...
ROEMER: Soledad?
O'BRIEN: I'm sorry, Commissioner Roemer.
ROEMER: Can I...
O'BRIEN: Unfortunately, we're out of time. I have a feeling that over the next couple of weeks, as we heard from Commissioner Lehman, we are going to have more opportunities to discuss this.
Gentlemen, thank you both for your time. Appreciate it.
ROEMER: Thank you.
LEHMAN: Thank you.
O'BRIEN: Bill? HEMMER: All right, Soledad, 16 minutes past the hour. Check of the weather for the first time on a Monday morning. Here is Chad Myers at the CNN Center.
How are you? Good morning to you.
CHAD MYERS, CNN METEOROLOGIST: Good morning, Bill, a little wet here.
(WEATHER REPORT)
MYERS: Back to you.
O'BRIEN: All right, Chad, thanks.
Still to come this morning, should Scott Peterson be put to death? We're going to take you live to California as the penalty phase of his case is set to begin.
HEMMER: Also, Soledad, there is reason to be happy if you're driving this Thanksgiving. Andy tells us about that in a moment here. I think I've got an idea.
O'BRIEN: And with record numbers expected to travel during the holidays this year, what you should know before taking off.
That's ahead on AMERICAN MORNING. Stay with us.
(COMMERCIAL BREAK)
O'BRIEN: Life or death -- that this is the question facing the Scott Peterson jury as the penalty phase of his double murder trial begins today.
Dean Johnson is a former San Mateo County prosecutor. He is Redwood City, California to talk about what's in store.
Good morning to you, Dean, nice to see you.
DEAN JOHNSON, FORMER PROSECUTOR, SAN MATEO COUNTY: Good morning, nice to see you.
O'BRIEN: Thank you very much.
Here's what Mark Geragos wants. He wants a new jury. He wants a change of venue. He wants a continuance.
Why the continuance? I get the other two. And how likely is it that he'll get that?
JOHNSON: Well, the continuance is something that's been rumored for quite some time. Remember Mark Geragos at the very beginning of this trial said, you know, I'm not even worried about a penalty phase. This man is going to be acquitted.
We believe that Geragos may not be prepared for the penalty phase just yet. There may be some witnesses that are unavailable. And judges are very deferential to defense counsel, who are representing a man who is on trial for his life.
A brief continuance might be granted, and this jury might get a long Thanksgiving week.
O'BRIEN: Let's talk about what's ahead this week. We're expected to get testimony from two mothers -- and you can flip a coin and pick which is the most heart wrenching testimony.
What are you hearing about what's going to be the focus?
JOHNSON: Well, certainly this is going to be raw emotion. But the focus of this case, make no mistake about it, is right now, Sharon Rocha.
When Sharon Rocha comes into that courtroom and she flashes that smile, which she does frequently, everybody in that courtroom remembers Laci Peterson.
She is the closest thing you can get to the living embodiment of the victim. She has an extraordinary rapport with this jury. And I believe that this jury will give Sharon Rocha and the Rocha family whatever they ask for, including, if they ask for it, the death penalty.
O'BRIEN: In 10 years, though, no jury has imposed the death penalty in San Mateo County.
JOHNSON: That's true. And if you look at the statistics, if you look at the nature of the crime, Scott Peterson's lack of a record, everything would say that Scott Peterson should not get the death penalty, that it's not even on the table.
But everybody who goes into that courtroom, who looks at the relationship between the victim's family and this jury, who looks at the way this jury performed. There are indications that 11 of these jurors were ready to vote guilty from the time they hit the deliberation room.
Everyone is saying that the death penalty is definitely on the table and this jury might be the first jury in a decade in San Mateo County to impose the death penalty.
O'BRIEN: Where do you see areas for appeal because I'm sure that's what Mark Geragos is working on in his free time?
JOHNSON: Well, you know, in my free time, I sat down and wrote down some of the potential areas of appeal. I came up with 31 possible issues.
But the one issue that really stands out is the dismissal of juror number five. I think it can be very strongly argued by the appellate lawyers that this was a holdout juror and that by excusing this juror prematurely, that the judge and defense attorneys actually deprived Scott Peterson of that famous scenario in American legal history, the 12 angry men scenario, where that one foreman holds out for not guilty and eventually convinces everyone else.
O'BRIEN: We'll have to hear what juror number five's story is when he starts talking. Dean Johnson, nice to see you as always. Thanks.
JOHNSON: Nice to see you. Thank you.
HEMMER: In a moment here, if you're hitting the road for Thanksgiving, the cities with the highest and the lowest gas prices. You might already know them, actually.
Back in a moment here with Andy on that when we continue.
(COMMERCIAL BREAK)
HEMMER: Welcome back, everybody. If you're hitting the road, how about those gas prices, huh? Just in time for Thanksgiving travel.
Check of that and a market preview with Andy Serwer, "Minding Your Business," first check on a Monday.
ANDY SERWER, "FORTUNE" MAGAZINE: Good morning to you.
HEMMER: Good morning.
SERWER: I'm going to give you some good business news and some bad business news.
HEMMER: Give it up.
SERWER: I'm going to give you the good business news first. The price of gas has fallen $0.05, which is good stuff as everyone prepares to go home and see the family. Down to $1.96 a gallon, according to the national survey.
Then there's the bad news. It's still $0.42 cents above where it was last year. And with the price of oil backing up towards $50 -- you might remember it was $46 and change a week or so ago -- gas prices lag.
So, the following week, gas prices may be back up.
Let's talk about the incredible market. Last week, down. You can see here 82 points on the Dow. A couple of market facts -- the Dow was up 3 percent for the year, and it's only 10 percent below it's all time high in January of 2000, of 11,722.
As for the NASDAQ, just quickly, the NASDAQ is 85 percent above its low, reached in October of '02, 85 percent below the low. Now, it's still 60 percent below its peak reached in 2000. Can you imagine that?
I mean, so in other words, it's gone way down...
O'BRIEN: OK. SERWER: ... and it's come back up. But it's still nowhere near what it was in 2000. I'll shorten the end for you.
O'BRIEN: Thank you.
SERWER: But you're right. It is a little confusing.
HEMMER: But had you bought it at the low point...
SERWER: Yes.
HEMMER: ... you'd be doing really well right now.
SERWER: Well, in other words, so it's bounced back a lot, but we're still nowhere near where we were in 2000.
HEMMER: Thank you, Andy.
SERWER: You're welcome.
HEMMER: All right.
O'BRIEN: "Question of the Day," hello.
CAFFERTY: Good morning, Soledad.
While the United States waits for another terrorist attack, congress has gone home for the Thanksgiving holiday without passing the bill to restructure U.S. intelligence.
The cover story put by conservative Republicans standing in the way of passage is that it's about national security. Don't kid yourself. It's always about the money.
The Pentagon controls $40 billion of the intelligence budget and defense secretary, Donald Rumsfeld, wants to keep it. Despite President Bush saying that he was disappointed, Senator Pat Roberts of Kansas says some of opposition of this legislation is actually coming right out of the White House.
Here is the question, what should be done about the stalemate over the 9/11 commission report? And for the record, we want to show you the scorecard.
Remember the scorecard back last summer, number of days since the 9/11 commission report came out? Now it's 123.
And the number of major recommendations that have been adopted by your congress, nothing.
HEMMER: Zero.
CAFFERTY: Very sad. Very, very sad in my humble opinion.
HEMMER: Senator Mitch McConnell is with us on the top of the next hour, too. We'll talk to him about it. CAFFERTY: You know, how is it that the president can say he's disappointed? He's got a Republican Senate and Republican House, and he's a Republican president. If he wants this done, he picks up the phone, and it's done.
SERWER: So, why don't they do anything? What do you think?
CAFFERTY: You know, greater minds than mine will wrestle with this.
O'BRIEN: We have two and a half hours to discuss it.
HEMMER: We'll hatch this.
O'BRIEN: Yes, we will.
Still to come this morning, the Monday edition of "90-Second Pop."
Oliver Stone's "Alexander" hits theaters this week, but is America ready for its racy content.
And Michael Jackson in legal hot water once again. This time it's about furniture.
Stay with us on 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 22, 2004 - 07:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
DAVID STERN, COMMISSIONER, NATIONAL BASKETBALL ASSOCIATION (NBA): Each of the players are going to have to satisfy us that they understand the gravity of what they have done.
(END VIDEO CLIP)
BILL HEMMER, CNN ANCHOR: NBA commissioner, David Stern, lowering the boom. Nine players suspended for a total of 143 games. And now the players union answers back.
Rampage in Wisconsin woods, a dispute between deer hunters leaves five people dead.
And the time has come to decide life or death for Scott Peterson, emotional testimony expected on this AMERICAN WARNING.
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 to Monday, everybody.
Lots of talk this morning about whether NBA commissioner gave the right punishment after Friday night's melee in Detroit -- maybe that's an understatement -- almost a near riot.
Nine players now suspended for that, toward the end of a Pistons- Pacers game. Some of them suspended for fighting with fans, some for fighting each other.
About $11.5 million in salary wiped away. This morning we talk to former NBA star, Charles Barkley, about what he thinks happened on Friday and what he thinks of the commissioner's response.
HEMMER: Absolute disgrace, too. You see the young children there in Auburn Hills on Friday night, too, just stunned and a lot of them crying as they watched it.
A total disgrace that will live on for years still, and we'll talk about it through the morning here.
Also in a moment here, if you have holiday travel plans this week, some words of warning, leave early and bring extra cash. A bit later we'll look into what you can expect in airports and on the highways as we get ready for the Thanksgiving holiday later this week. O'BRIEN: That's good advice at any time, right Bill?
HEMMER: Yes.
JACK CAFFERTY, CNN ANCHOR: Yes, ma'am, absolutely.
O'BRIEN: Leave early, bring cash.
CAFFERTY: Yes. You know what the congress is really good at doing? I'm critical about government, but there's something they're really good at doing, which is devoting to adjourn for the holidays or voting to adjourn for a recess.
They went home for Thanksgiving, once again failing to pass an overhaul of the nation's intelligence, as recommended by the 9/11 commission, despite the fact that all of us taxpayers who pay for their plane tickets home for Thanksgiving want something done.
We'll take a look at our government's continuing failure to provide for the nation's security.
HEMMER: All right, Jack, thanks. Carol Costello also with us today, starting us off with the headlines. Carol, good morning.
CAROL COSTELLO, CNN ANCHOR: Good morning, Bill. Thank you.
Now in the news, President Bush heads to Colombia this morning after wrapping up this weekend's economic summit in Santiago, Chile. In a rare moment Saturday, the president was left without one of his Secret Service agents.
President Bush reached in and pulled one of his bodyguards through a crowd after Chilean security services blocked him from entering the event. The White House calls it an incident -- calls the incident, rather, a misunderstanding.
However, plans for a state dinner at Chile's presidential palace were scratched last night due to a dispute over security concerns.
Secretary of State Colin Powell was in the Middle East to discuss arrangements for Palestinian elections set for January 9. Secretary Powell met with Israeli Prime Minister, Ariel Sharon, about an hour ago. He's also holding talks with Palestinian leaders in the West Bank town of Jericho later today.
This is the first time Powell has held direct talks with both sides since the death of Palestinian leader, Yasser Arafat.
Here in the states, the sentencing phase begins today in the Scott Peterson trial. Peterson was found guilty of killing his wife Laci and her unborn son less than two weeks ago. Jurors must now choose between a life sentence or the death penalty.
Opening arguments in the penalty phase set for noon Eastern, but a delay is possible if the judge accepts a motion to seat a new jury. And floods have cause Texas residents to flee their homes. Storms dropped nearly 15 inches of rain yesterday, causing about 250 people in El Campo to evacuate. El Campo is about 70 miles southwest of Houston.
Authorities used air boats and large trucks to move people to temporary shelters. Flood waters also shut down portions of highway 59. And forecasters say five more inches of rain could fall today.
Back to you guys.
HEMMER: All right, Carol. See you a little bit later over here. Thanks, Carol.
The NBA has taken swift action, some of the most severe penalties in league history now handed down after the all-out brawl on Friday night. Our coverage begins this morning with Steve Overmyer.
(BEGIN VIDEO CLIP)
STEVE OVERMYER (voice-over): The punishments for those involved in Friday night's brawl between the Pacers, the Pistons and n their fans were nearly as staggering as the scene at The Palace was stunning. Ron Artest suspended for the remainder of the season, the longest suspension in league history.
Stephen Jackson, gone for 30 games. Jermaine O'Neal, 25. And Ben Wallace, six games. In all, three of the five longest suspensions the NBA has ever seen.
STERN: Between 20,000 and 25,000 games, this is the worst one I've ever seen in the NBA, period.
OVERMEYER: But it's not the first-time we've seen a player go into the stands. In 1995, Vernon Maxwell attacked a heckler. He received an 11 game suspension.
Dennis Rodman got 10 games for kicking a cameraman. Artest gets 73 games plus any potential playoff games. The NBA Players Association will appeal the suspension.
As for Artest, he's released a statement apologizing for his actions. But says while he respects David Stern, "I don't think he has been fair with me in this situation."
This is not the first time Artest has been suspended by the NBA. In 2002, he lost his temper after one game wrecking havoc on a TV monitor and camera. In the past two years, he has been suspended a total of seven times by the league.
STERN: I did not strike from my mind the fact that Ron Artest has been suspended on previous occasions for the loss of self-control. In addition, I would say that each of the players are going to have to satisfy us that they understand the gravity of what they've done and that we have assurances that it will not be repeated by them. OVERMEYER: The ramifications of the brawl will reach further than just suspensions. A criminal investigation is ongoing, and the NBA will adopt new security measures.
However, the severity of the penalties does send a clear message that the NBA is not afraid to police their players with "Stern" justice.
Steve Overmyer, CNN, Atlanta.
(END VIDEOTAPE)
HEMMER: Former NBA star and basketball commentator, Charles Barkley, now with us live from Birmingham, Alabama this morning to talk about this.
Charles, good morning to you and welcome back here to AMERICAN MORNING.
CHARLES BARKLEY, FORMER NBA PLAYER AND COMMENTATOR: Thank you. Good morning.
HEMMER: There's a lot we can talk about -- and we will in a moment here. Let's start with the reaction from the league. Was it appropriate?
BARKLEY: Well, obviously they had to come down really heavy- handed. The only thing I have a problem with, I wish they had not suspended Ron Artest for the entire season.
I wish they would have suspended him for 50 games, sent him to anger management, something along those lines. That's really the only thing I disagree with.
HEMMER: Why do you believe that should be the case, as opposed to kicking him out for the rest of the year?
BARKLEY: Well, because I think he's not going to learn a lesson. Ron Artest needs help. I said on the show last week, I didn't make fun of him when he wanted to take a month off to work on an album. I think he has something going on upstairs. And I think we could have used him as an example to help him.
HEMMER: The commissioner, David Stern, has been imploring the league for some time now to try and protect the NBA brand. Where does that brand stand today when people all over the world, not just in this country, watch the videotape that we're watching again this morning?
BARKLEY: Well, the videotape is scary. It obviously put a stain, a black eye, on the game of basketball. But my biggest problem is, you know, I've heard all these announcers talk about this and that -- security, whatever.
But I thought the NBA officials and the security at The Palace, they were doing a great job. The thing was over. First of all, let me say I thought Ben Wallace overreacted. But everything was under control until that fan hit Ron Artest. That started the whole thing. It was all over.
HEMMER: You had your own incident, going back 13 years when you tried to essentially spit on a heckler on the side court and hit an eight-year-old girl at the time. That was back in 1991.
Give me an idea, Charles, about how players go over the line and what sets them off to get a guy like Artest to get off that scorers table on Friday night and react the way he did. And then have his other players follow him into the stands after him.
BARKLEY: Well if somebody hits you, you have the right to hit them back. That's where me and commissioner Stern disagree with. Any time a fan touches you, you have the right to beat the hell out of them.
Forget, we were -- I'm a man. I'm not going to let anybody disrespect me. I mean I don't believe in that. They can say whatever they want to, but once they come close enough to touch you or throw something on you, you have the right to beat the hell out of them.
HEMMER: Let's try and be clear on what you're trying to say there. He was not touched physically. He was hit with a flying object. It looked like maybe a - maybe a cup of soda filled with ice came over and hit him in the chest.
BARKLEY: So, that's not being touched physically?
HEMMER: I'm just asking to clear it up. There is a big difference.
BARKLEY: Oh yes, so let me clear it up for you..
HEMMER: Go ahead.
BARKLEY: If somebody hits you with an object, you should go and beat the hell out of them.
HEMMER: But what I'm saying to you is that had Ron Artest not gotten up and gone into the stands, Charles, we would not have seen what ensued after that had he been able to control his temper...
BARKLEY: No question. I'm not going to...
HEMMER: ... we would not be looking at this now.
BARKLEY: I'm not going to defend what Ron Artest did, but the fans really crossed that line Friday night. They've been crossing it for years.
But when you hit a professional athlete with an object, you know, that crosses the line. Ron -- you should never go in the stands. And it's easy to sit back after the fact. But if somebody just hits you, your normal reaction is to hit them back. You don't have the time to think about, oh, I'm a professional athlete. If somebody hits you with a flying object, a normal reaction, especially in the heat of the game or the heat of the moment, it's just a normal reaction.
I'm not going to condone going in the stands. But once a fan -- a fan does not pay -- because he buys a ticket, cannot throw a beer or cup of ice or soda at you.
HEMMER: On Christmas day, the Pistons play the Pacers in Indianapolis. We will see the rematch then.
Charles, thanks for your time this morning live in Birmingham.
BARKLEY: You're very welcome.
HEMMER: It was great talking to you. OK - Soledad?
O'BRIEN: An intelligence bill that would have meant sweeping changes to the way the U.S. gathers, analyzes and disseminates information and who's in charge of it all failed during a special, weekend session of congress.
Joining us this morning to talk about that, two of the 9/11 commissioners who recommended the intelligence changes. John Lehman is right here in the studio with us, and Tim Roemer joins us from Washington.
Gentlemen, good morning, nice to see you both.
Commissioner -- Chairman -- Commissioner Lehman, let's just start with you. Who do you blame for the stalling of this bill?
JOHN LEHMAN, FMR. 9/11 COMMISSIONER: Well, first of all, one of the clearest things that came out of our two year investigation was that the intelligence community does not work. It's dysfunctional. Nobody's in charge. There's no quarterback.
And that led to many of the failures that allowed 9/11 to happen. Our recommendations were to put somebody in charge, to hold somebody accountable, to give him the power, or her, the power to coordinate, to put IT systems in that allow sharing, allow the right information to get to the president.
And both the House and Senate passed bills that largely implemented that recommendation. But they take on the iron triangle, which is the permanent government, the permanent congressional establishment and the lobbyists on K Street.
All of those people lose authority if this NID is established and they have all been fighting hammer and tongue to block this legislation. You saw John McCain rightly characterize CIA as a rogue agency. They've been in open rebellion against this legislation.
The other of the intelligence agencies have been fighting it behind the scenes. And the lobbyists who are going to lose a good deal of influence over the satellite programs and so forth are out in force.
O'BRIEN: Here are some of the names that have listed, Commissioner Roemer -- the secretary of defense, the House armed services committee chairman, Duncan Hunter, also the House judiciary committee chairman, Jim Sensenbrenner.
Do you think these gentlemen, and maybe some more, as we just heard a moment ago from Commissioner Lehman, are the ones who are really standing in the way of this?
TIM ROEMER, FMR. 9/11 COMMISSIONER: Let me put it very simply, Soledad. We saw intelligence failures, FBI mistakes, border patrol and Visa problems leading up to 9/11, and we lost 3,000 people.
How many more body bags are we going to need to see before the United States congress and the White House reorganize and modernize our defense and intelligence systems that are in disarray out in Langley right now and modernize these...
O'BRIEN: But isn't...
ROEMER: ... against the threat that we face.
Soledad, it was plain and simple what happened over the weekend. It was a political failure to pass widely supported bipartisan reforms...
O'BRIEN: But there is an argument...
ROEMER: ... that will modernize the system.
O'BRIEN: There is an argument that there should not be a rush to this. And we heard the argument, in fact, from Chairman Hunter, that it puts the troops in the field in danger.
We heard the argument from Chairman Sensenbrenner...
ROEMER: Absolutely a false...
O'BRIEN: ... that there are some issues with immigration that still need to be addressed, and in this legislation.
ROEMER: Absolutely false claims on all parts. First of all, the 9/11 commission would not put the war fighter in harm's way. We want to make sure that war fighter in Falluja gets the right information, in the right fashion and is protected.
But we're against enemies now, Soledad, that are not just in Iraq, they are all over the world. Al Qaeda is metastasizing all over the world and able to fight the United States in many different fashions, from the cold war now to this hot Jihadist war.
Congress and the White House failed, over the weekend, to provide the political leadership to get this bill before the American people. And the American people, I hope, and the 9/11 families, I hope, will be angered by this.
Look, Soledad, this is not new. Many commissions have made these same recommendations for years, a decade. It's been three years since we've been attacked.
We've lost more people in America in the war on terror, 3,000, than we have our brave soldiers in Iraq, where we have lost 1,200 people.
O'BRIEN: Quickly...
ROEMER: It is time for the White House and the congress to protect the American people, update their security systems before we're hit again.
O'BRIEN: Final question for Commissioner Lehman, Pat Roberts, a Republican senator, said that this could go all the way to the White House. That he thinks -- he implied that maybe the White House wasn't doing enough?
Do you agree? Do you think President Bush needs to be doing more?
LEHMAN: Well, I think the test is coming in the next two weeks. President Bush actually went pretty far. He was on the road in Chile. He made several calls. He thought he had it locked up.
But this is the classic confrontation you see in Washington that they can sell tickets for because the president now has been challenged directly by the leadership of the congress, and by the lobbyists and by the bureaucracy.
Now, he's got to show who's in charge. And this -- there's no doubt he can pass this. He can get it passed if he chooses to use his political capital and to hold accountable any members that obstruct this passage.
O'BRIEN: You're...
ROEMER: Soledad?
O'BRIEN: I'm sorry, Commissioner Roemer.
ROEMER: Can I...
O'BRIEN: Unfortunately, we're out of time. I have a feeling that over the next couple of weeks, as we heard from Commissioner Lehman, we are going to have more opportunities to discuss this.
Gentlemen, thank you both for your time. Appreciate it.
ROEMER: Thank you.
LEHMAN: Thank you.
O'BRIEN: Bill? HEMMER: All right, Soledad, 16 minutes past the hour. Check of the weather for the first time on a Monday morning. Here is Chad Myers at the CNN Center.
How are you? Good morning to you.
CHAD MYERS, CNN METEOROLOGIST: Good morning, Bill, a little wet here.
(WEATHER REPORT)
MYERS: Back to you.
O'BRIEN: All right, Chad, thanks.
Still to come this morning, should Scott Peterson be put to death? We're going to take you live to California as the penalty phase of his case is set to begin.
HEMMER: Also, Soledad, there is reason to be happy if you're driving this Thanksgiving. Andy tells us about that in a moment here. I think I've got an idea.
O'BRIEN: And with record numbers expected to travel during the holidays this year, what you should know before taking off.
That's ahead on AMERICAN MORNING. Stay with us.
(COMMERCIAL BREAK)
O'BRIEN: Life or death -- that this is the question facing the Scott Peterson jury as the penalty phase of his double murder trial begins today.
Dean Johnson is a former San Mateo County prosecutor. He is Redwood City, California to talk about what's in store.
Good morning to you, Dean, nice to see you.
DEAN JOHNSON, FORMER PROSECUTOR, SAN MATEO COUNTY: Good morning, nice to see you.
O'BRIEN: Thank you very much.
Here's what Mark Geragos wants. He wants a new jury. He wants a change of venue. He wants a continuance.
Why the continuance? I get the other two. And how likely is it that he'll get that?
JOHNSON: Well, the continuance is something that's been rumored for quite some time. Remember Mark Geragos at the very beginning of this trial said, you know, I'm not even worried about a penalty phase. This man is going to be acquitted.
We believe that Geragos may not be prepared for the penalty phase just yet. There may be some witnesses that are unavailable. And judges are very deferential to defense counsel, who are representing a man who is on trial for his life.
A brief continuance might be granted, and this jury might get a long Thanksgiving week.
O'BRIEN: Let's talk about what's ahead this week. We're expected to get testimony from two mothers -- and you can flip a coin and pick which is the most heart wrenching testimony.
What are you hearing about what's going to be the focus?
JOHNSON: Well, certainly this is going to be raw emotion. But the focus of this case, make no mistake about it, is right now, Sharon Rocha.
When Sharon Rocha comes into that courtroom and she flashes that smile, which she does frequently, everybody in that courtroom remembers Laci Peterson.
She is the closest thing you can get to the living embodiment of the victim. She has an extraordinary rapport with this jury. And I believe that this jury will give Sharon Rocha and the Rocha family whatever they ask for, including, if they ask for it, the death penalty.
O'BRIEN: In 10 years, though, no jury has imposed the death penalty in San Mateo County.
JOHNSON: That's true. And if you look at the statistics, if you look at the nature of the crime, Scott Peterson's lack of a record, everything would say that Scott Peterson should not get the death penalty, that it's not even on the table.
But everybody who goes into that courtroom, who looks at the relationship between the victim's family and this jury, who looks at the way this jury performed. There are indications that 11 of these jurors were ready to vote guilty from the time they hit the deliberation room.
Everyone is saying that the death penalty is definitely on the table and this jury might be the first jury in a decade in San Mateo County to impose the death penalty.
O'BRIEN: Where do you see areas for appeal because I'm sure that's what Mark Geragos is working on in his free time?
JOHNSON: Well, you know, in my free time, I sat down and wrote down some of the potential areas of appeal. I came up with 31 possible issues.
But the one issue that really stands out is the dismissal of juror number five. I think it can be very strongly argued by the appellate lawyers that this was a holdout juror and that by excusing this juror prematurely, that the judge and defense attorneys actually deprived Scott Peterson of that famous scenario in American legal history, the 12 angry men scenario, where that one foreman holds out for not guilty and eventually convinces everyone else.
O'BRIEN: We'll have to hear what juror number five's story is when he starts talking. Dean Johnson, nice to see you as always. Thanks.
JOHNSON: Nice to see you. Thank you.
HEMMER: In a moment here, if you're hitting the road for Thanksgiving, the cities with the highest and the lowest gas prices. You might already know them, actually.
Back in a moment here with Andy on that when we continue.
(COMMERCIAL BREAK)
HEMMER: Welcome back, everybody. If you're hitting the road, how about those gas prices, huh? Just in time for Thanksgiving travel.
Check of that and a market preview with Andy Serwer, "Minding Your Business," first check on a Monday.
ANDY SERWER, "FORTUNE" MAGAZINE: Good morning to you.
HEMMER: Good morning.
SERWER: I'm going to give you some good business news and some bad business news.
HEMMER: Give it up.
SERWER: I'm going to give you the good business news first. The price of gas has fallen $0.05, which is good stuff as everyone prepares to go home and see the family. Down to $1.96 a gallon, according to the national survey.
Then there's the bad news. It's still $0.42 cents above where it was last year. And with the price of oil backing up towards $50 -- you might remember it was $46 and change a week or so ago -- gas prices lag.
So, the following week, gas prices may be back up.
Let's talk about the incredible market. Last week, down. You can see here 82 points on the Dow. A couple of market facts -- the Dow was up 3 percent for the year, and it's only 10 percent below it's all time high in January of 2000, of 11,722.
As for the NASDAQ, just quickly, the NASDAQ is 85 percent above its low, reached in October of '02, 85 percent below the low. Now, it's still 60 percent below its peak reached in 2000. Can you imagine that?
I mean, so in other words, it's gone way down...
O'BRIEN: OK. SERWER: ... and it's come back up. But it's still nowhere near what it was in 2000. I'll shorten the end for you.
O'BRIEN: Thank you.
SERWER: But you're right. It is a little confusing.
HEMMER: But had you bought it at the low point...
SERWER: Yes.
HEMMER: ... you'd be doing really well right now.
SERWER: Well, in other words, so it's bounced back a lot, but we're still nowhere near where we were in 2000.
HEMMER: Thank you, Andy.
SERWER: You're welcome.
HEMMER: All right.
O'BRIEN: "Question of the Day," hello.
CAFFERTY: Good morning, Soledad.
While the United States waits for another terrorist attack, congress has gone home for the Thanksgiving holiday without passing the bill to restructure U.S. intelligence.
The cover story put by conservative Republicans standing in the way of passage is that it's about national security. Don't kid yourself. It's always about the money.
The Pentagon controls $40 billion of the intelligence budget and defense secretary, Donald Rumsfeld, wants to keep it. Despite President Bush saying that he was disappointed, Senator Pat Roberts of Kansas says some of opposition of this legislation is actually coming right out of the White House.
Here is the question, what should be done about the stalemate over the 9/11 commission report? And for the record, we want to show you the scorecard.
Remember the scorecard back last summer, number of days since the 9/11 commission report came out? Now it's 123.
And the number of major recommendations that have been adopted by your congress, nothing.
HEMMER: Zero.
CAFFERTY: Very sad. Very, very sad in my humble opinion.
HEMMER: Senator Mitch McConnell is with us on the top of the next hour, too. We'll talk to him about it. CAFFERTY: You know, how is it that the president can say he's disappointed? He's got a Republican Senate and Republican House, and he's a Republican president. If he wants this done, he picks up the phone, and it's done.
SERWER: So, why don't they do anything? What do you think?
CAFFERTY: You know, greater minds than mine will wrestle with this.
O'BRIEN: We have two and a half hours to discuss it.
HEMMER: We'll hatch this.
O'BRIEN: Yes, we will.
Still to come this morning, the Monday edition of "90-Second Pop."
Oliver Stone's "Alexander" hits theaters this week, but is America ready for its racy content.
And Michael Jackson in legal hot water once again. This time it's about furniture.
Stay with us on AMERICAN MORNING.
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