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American Morning

Moussaoui Trial; Academy Awards: Morning After

Aired March 06, 2006 - 09:33   ET

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

MILES O'BRIEN, CNN ANCHOR: It isn't 9/11 on trial per se, but it's probably as close as we're going to get. We're talking about the sentencing trial for the confessed al Qaeda conspirator Zacarias Moussaoui. It's under way today. And Jeff Toobin is here to walk us through, our senior legal analyst, by the way. Got to get those titles in there, is here to walk us through it.
Jeff, this is a little bit different. He pled guilty, and thus the sentencing portion of it expands, right? It becomes a little longer than it would otherwise?

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Correct. It's really an unusual legal proceeding in many ways. In this proceeding, it's going to be in two parts. The first part is going to be kind of a "what if" story. What if Moussaoui had told the truth when he was arrested in August of 2001, would the FBI have been able to stop the attacks? So the theory of the government's case is, because Moussaoui knew about the 9/11 plot and didn't tell when he was arrested a month before 2,900 people died.

O'BRIEN: So that's the first one.

Then what happens?

TOOBIN: Then what happens if the jury says, we believe that the government has met its burden, that they did prove it, if they don't, it's over. He gets life in prison. But if the government meets its burden, the second part is, what are the implications? What happened at 9/11? What did it mean to the victims? Obviously, going to be a tremendously wrenching and emotional experience for all the people who are participating, victims' families and just for the nation and what 9/11 meant.

O'BRIEN: So the choices is very stark. It's either life in prison or death. Those are the only two choices that are on the plate here. The criteria for the death penalty here is fairly high. Federal -- this is federal court, and this court in particular...

TOOBIN: Right.

O'BRIEN: ... has not meted this out frequently.

TOOBIN: Very unusual situation. Again, it's the eastern district of Virginia. Virginia as a state in state court is very pro- death penalty. It's right up there with Texas and Florida in terms of how often the death penalty is given and actually carried out. In federal court in the eastern district of Virginia, they haven't given a death penalty sentence yet. It's the northern part of Virginia, the Washington suburbs, not as conservative as the rest of the part of the state. So it's very hard to draw any analogies because the case is so unusual. I mean, the number of victims is so vast. But it is a somewhat more pro-defendant area than the rest of Virginia.

O'BRIEN: And so the defense in this case, essentially what they'll say is the government wouldn't have seen this plot if it was right there in front of their face, and there's a lot of evidence that they had -- they could have probably put it together any way. Would that be the defense?

TOOBIN: Well, that's part of the defense.

One of the mysteries here is that Moussaoui is very close to legally insane. One reason this case has taken so long to get to trial, is he's tried to represent himself, his -- there have been long studies of whether he's competent both to stand trial to represent himself. So It's not exactly clear what he's going to say, because he has admitted in the past that he's in al Qaeda, but it's not entirely clear what he says he was going to do. One leading possibility is that he says he was part after subsequent plot to attack the White House, but not part of the September 11th conspiracy.

But you know, one of the claims, certainly his lawyers will make, whether he'll make it, I don't know, is that the government just couldn't figure this out any way. And that The fact that Moussaoui didn't tell the truth in august wouldn't have made any difference because the government was so disorganized and a mess.

O'BRIEN: But is government ineptitude mitigating?

TOOBIN: That's the question. I mean, that's not a very appealing jury argument. It may, in fact, be true. I mean, I certainly don't know. But it is -- putting the government on trial in this context with a crime of this magnitude, is not likely to move a lot of people.

But one of the interesting things here is the government has never said in a courtroom what happened on 9/11. This is the first trial where any evidence related to that will come out, and certain classified sources have been declassified for purposes of this trial. So we're going to learn more than probably we have since the 9/11 Commission report came out about what the evidence is. So it's going to be interesting no matter what the verdict.

O'BRIEN: Interesting. And you mentioned Moussaoui has attorneys. He's fired attorneys, represented himself. There's been all -- a real scenario here. It's likely we will see outbursts, isn't it?

TOOBIN: Well, it is. But Judge Brinkhama (ph) has set up a room where if he has outbursts, he's going to sit in this room back in the jail, watch it on closed circuit, because she's -- the eastern district is the rocket docket. It's a very disciplined courthouse. They don't take any guff from defendants. She won't listen to any more of this. So the first time he has any outbursts in front of the jury, they're going to stick him in and make him watch it on TV.

Another unusual part of this trial is that in six locations around the country, victims' families are going to be able to watch on a closed-circuit feed. This was only ever done in the Oklahoma City Bombing trial before. So another unusual aspect of this.

O'BRIEN: About how long, do you think?

TOOBIN: They say one to three months. Given the fact that it's the eastern district, probably closer to one month.

O'BRIEN: All right, Jeff Toobin, the rocket docket.

TOOBIN: That's it.

O'BRIEN: Our senior legal analyst, Jeff Toobin -- Carol.

COSTELLO: Two countries that President Bush just visited are having words over the war on terror. Afghanistan says Pakistan is not acting on its intelligence about Taliban leader Mullah Omar. Sunday on "LATE EDITION," Wolf Blitzer asked Pakistan's President Pervez Musharraf about the sudden tension between him and Hamid Karzai of Afghanistan.

(BEGIN VIDEO CLIP)

PRES. PERVEZ MUSHARRAF, PAKISTAN: Unfortunately, it is developing in the last one or two months. There was no tension. It was going on excellently in an excellent way, because he knows how he got elected. He knows how much we helped in the election process. If it was not for Pakistan, maybe he and his election would not have taken place smoothly. He knows that, because he's told me personally this.

Now I know that there is a problem on the border area. There's a problem on the Pakistan side. There's a problem in Afghanistan also.

Now if anybody in the Afghan government throw the entire blame on Pakistan as if nothing is happening in Afghanistan, everyone is here. The Mullah Omar is living in Cuerta (ph). I keep going to Cuerta so many times. Who is saying that he is living there? This is absolute nonsense.

(END VIDEO CLIP)

COSTELLO: The border of Afghanistan and Pakistan is where both U.S. and Pakistani troops are batting al Qaeda and the Taliban.

You can watch "LATE EDITION WITH WOLF BLITZER," Sunday mornings at 11:00 Eastern. And Wolf will be with us in just a minute, live from Dubai with the latest on that port security deal controversy.

(COMMERCIAL BREAK) (MARKET REPORT)

O'BRIEN: "CNN LIVE TODAY" is coming up next.

Daryn, good to have you back. We missed you.

DARYN KAGAN, CNN ANCHOR: Thank you. A nice little vacation in Southern California.

O'BRIEN: Good.

KAGAN: Good to be back.

O'BRIEN: Coming up at the top of the hour, was it terror or just an accident? A UNC Chapel Hill graduate due in court after plowing his SUV into several students. We will check the mood on campus and get the story behind that.

Plus, a new lead on the fugitive dad. His sick son is waiting for a kidney. We'll have a live report on the latest in that search. For now, back to you in New York City.

O'BRIEN; Thank you very much, Daryn.

Coming up, we'll take you backstage at the Oscars. The big winners reflect on their golden moments. It's that "all about me" moment, coming up.

(COMMERCIAL BREAK)

COSTELLO: The head of Dubai Ports World -- that's the company planning to take over six U.S. ports -- is insisting that his company is not a security risk, and the deal will go through.

Wolf Blitzer is in Dubai this morning, getting exclusive reaction to the ports controversy. He joins us by videophone.

So Wolf, we know what the Americans think about this deal. But what do the people of Dubai think?

WOLF BLITZER, CNN ANCHOR: Well, they're pretty much confused because they regard themselves as strong allies of the United States. They work closely with the U.S.. The U.S. has a significant military presence here in the United Arab Emirates. They visit the port of Dubai all the time, U.S. Navy vessels from the 5th fleet and the Persian Gulf, and they consider themselves partners with the U.S. in the war on terrorism.

So on the one hand, they're a little confused why this uproar has developed. On the other hand, they recognize national security concerns, counterterrorism, terrorism fears are very important in the United States. So they certainly understand that.

I think their bottom line is they think Dubai Ports World, DPW as it's called, has a really good reputation in this part of the world and they think the U.S. shouldn't be worried about the operational control of these six ports. They say that the security will remain under the control of the U.S. Ports Authority, of the Coast Guard, Customs. So they're pretty confident that if the American public got all the facts, that they would recognize this is a good deal. But they understand that there are legitimate post-9/11 security concerns in the United States.

COSTELLO: You talk about the fear of terrorism. Of course, where you are it's a lot closer to the action, so to speak. I know you took a tour of the Port of Dubai. What's the security situation there?

BLITZER: It's very tight. There's good security all around. Look, Dubai is totally dependent on trade and the shipping industry that comes in here. All these vessels, they're loading and unloading ships all of the time.

And they know that if there are incidents that could really undermine the economic health and viability of this country, the United Arab Emirates -- and Dubai is simple bustling. I just got off a helicopter. I flew around the whole area. And you'd be amazed, I think a lot of people will be amazed. They see the construction that is going on. The world's tallest building is being constructed here in Dubai even as we speak right now.

So they know that if security became a problem that economic health of this whole area would be undermined. So there's strong security, there's good security here. And they work all the time to make sure it stays like that.

COSTELLO: And Wolf, what's ahead in "THE SITUATION ROOM" later today?

BLITZER: We're going to really go in-depth and take a look at the center of this whole debate and DPW, Dubai Ports World, and try to get a better understanding of what's at stake for the United States, what's at stake for this part of the world, the United Arab Emirates, what people here think.

I just spoke earlier today with a U.S. Navy commander who brings ships into this port all the time and got his sense on the security ramifications. So we'll have an extensive, in-depth look at the whole ports controversy.

COSTELLO: We'll be watching. Wolf Blitzer, live from Dubai this morning. Thanks.

M. O'BRIEN: Hollywood's big night is in the books. Up next, we'll take you backstage at the Oscars. Candid comments from the big winners, next on AMERICAN MORNING.

(COMMERCIAL BREAK)

M. O'BRIEN: Boy, that was abrupt. What happened to that music? It just is like somebody lifted the needle off the record there. That's in the old-fashioned days, kids, we used to have records with needles on it. That's a long ago. Anyway, "Brokeback Mountain" may have been in the front-runner saddle, so to speak, but "Crash" lands the Oscar. It was one of the few surprises at Hollywood's big night. Here's a look at some of the other fun moments.

(BEGIN VIDEOTAPE)

JON STEWART, HOST, 78TH ANNUAL ACADEMY AWARDS: I'm Jon Stewart welcome to the 78th annual Academy Awards.

NICOLE KIDMAN, ACTRESS: And the Oscar goes to George Clooney in "Syriana."

GEORGE CLOONEY, BEST SUPPORTING ACTOR: Wow, all right. So I'm not winning director.

We are starting now to reflect two years later some of the social and political issues that are, for the first time probably since Watergate, concerning us. And we're talking about them. And then films start to reflect that a couple of years later.

UNIDENTIFIED MALE: When they test for HIV, they also test for TB free.

RACHEL WEISZ, BEST SUPPORTING ACTRESS: Well, just for free?

UNIDENTIFIED MALE: A small extra service to humanity.

WEISZ: They're a drug company, Arnold (ph), come on. No drug company does something for nothing.

MORGAN FREEMAN, ACTOR: Rachel Weisz, "The Constant Gardner."

WEISZ: It's definitely nice to be part of a moment where fiction is holding a mirror up to contemporary culture and asking questions.

JAMIE FOXX, ACTOR: Reese Witherspoon, "Walk the Line."

(MUSIC)

REESE WITHERSPOON, BEST ACTRESS: For me, this is just -- it was a great sort of accomplishment to just learn to stand in my own shoes and my own self and be proud of myself.

STEWART: I do have some sad news to report. Bjork couldn't be here tonight. She was trying on her Oscar dress, and Dick Cheney shot her.

(MUSIC)

QUEEN LATIFAH, ACTRESS: It's hard out here for a pimp! Oh, my gosh! Jordan Houston, Cedric Coleman and Paul Beauregard, "Hard Out Here for a Pimp."

UNIDENTIFIED MALE: My heart was beating so fast, I thought it was going to pop out of my mouth and fall in the crowd. UNIDENTIFIED FEMALE: The Oscar goes to Philip Seymour Hoffman in "Capote."

PHILIP SEYMOUR HOFFMAN, BEST ACTOR: I saw the role as an opportunity that was going to be a great one.

TOM HANKS, ACTOR: And the Oscar goes to Ang Lee for "Brokeback Mountain."

ANG LEE, BEST DIRECTOR: I think it's a good movie. They're moved by it, by the emotion. I think it's a good love story.

JACK NICHOLSON, ACTOR: And the Oscar goes to "Crash."

TERRENCE HOWARD, "CRASH": Crash" was the one film that made me feel like everything I have gone through in my life was worthwhile.

LUDACRIS, "CRASH": If you haven't seen this movie, you have to go watch it. You got to go rent it. Whatever you need to do. I mean, it is that powerful. It's life changing.

(END VIDEOTAPE)

M. O'BRIEN: So says Ludacris. That's the way to see the Oscars, just like that. Two minutes condensed. That's really all you need to know. And you don't get the -- in the acceptance speeches, they played music underneath, which drove me nuts.

COSTELLO: Oh, yes, a lot of people did not like that.

Let's head to Atlanta now. Daryn Kagan takes over. Good morning.

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