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CNN Saturday Morning News
Interview with Nelda Blair, Lida Rodriguez-Taseff
Aired September 13, 2003 - 08:11 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.
HEIDI COLLINS, CNN ANCHOR: Time now to open our legal briefs. On the docket this morning, the AAA Motor Club pulls the plug in a court fight and the Justice Department looks at whether one news organization went too far to get a story.
Civil liberties attorney Lida Rodriguez-Taseff joins us this morning from Miami.
Good morning to you, Lida.
Thanks for being here again.
LIDA RODRIGUEZ-TASEFF, CIVIL RIGHTS ATTORNEY: Good morning, Heidi.
COLLINS: And former Texas prosecutor Nelda Blair in Washington today.
Hello to you, Nelda.
Thanks to you, also.
NELDA BLAIR, FORMER PROSECUTOR: Good morning.
COLLINS: Let's go ahead and start with this AAA story, the American Automobile Association. I want to set it up for everyone just in case they're not familiar with the story. A 27-year-old elementary school teacher, Melissa Gosule, was driving her car on Cape Cod back in 1999. The car broke down. Her stepfather called AAA to get a tow truck. But when that driver arrived, he told her that he was too busy, he would not be able to help her out or take her car to where she needed to go for another three or four hours. So rather than wait, she accepted a ride with a stranger and then was raped and stabbed to death.
What is the problem with this suit?
Lida, you first.
RODRIGUEZ-TASEFF: The problem with this suit, from the perspective of AAA, is that although people should engage, you know, should make decisions about their personal safety using common sense, and AAA is not responsible for dumb decisions made by people, AAA promises that it will provide roadside assistance to people, it will be there for emergencies, and it's materials actually talk about the dangers of accepting rides from strangers.
So AAA, even though, in my opinion, it did not have an obligation to pick this woman up and that it was not responsible for the fact that she waited -- would not wait for the tow truck and took a ride from a stranger, it was still a problem for a company that holds itself out to its 46 million members as roadside assistance, we're here to help you in emergencies.
COLLINS: Nelda, does promise translate into obligation?
BLAIR: Well, that's exactly what happened in this case. You know, this is not an unusual case. Cases like this are filed every day across this nation, where someone pays for services, the company that promises services doesn't follow through and they get sued. It happens all the time. But normally damages are someone was inconvenienced, maybe a value of their house dropped, something like that.
In this case, a woman lost her life in a horrible, brutal murder. What AAA has come up against is a damage problem. The case is not unusual, the damages are unusual.
After a couple of days into trial on this case, AAA took a look at that jury, I'm sure, that had seen pictures of this lovely young woman, had seen what had happened to her and said gosh, we didn't fulfill our promises, we'd better settle this case right now. And I'm sure they did it for a hefty sum.
COLLINS: Yes, that is exactly what they did. There was a settlement. Those terms, of course, have not been disclosed. We should quickly point out that AAA said that the reason why they didn't pick her up immediately is because she did not appear to be in a dangerous situation.
But I do want to move on to our other topic this morning. ABC News, in a clash in what they say is between national security and the first amendment, let me quickly read this to our viewers. During an investigation of border inspections, federal authorities threatened criminal charges now against ABC News reporters who smuggled harmless depleted uranium into the country for a second time for this particular inspection -- pardon me, investigation that they were doing on border inspections.
Lida, let me start with you once again. At what point does a news organization cross the line when they break the law?
RODRIGUEZ-TASEFF: Well, they didn't cross it this time. What they were doing was investigative journalism. They didn't break the law. They're being prosecuted because they embarrassed the government...
COLLINS: How did they not break the law, Lida?
RODRIGUEZ-TASEFF: Well, all -- because the uranium was depleted uranium. According to Customs, it was safe. It wasn't, it didn't present a threat to our safety. It didn't present a threat to our borders. That's why they say they let it through. So either that uranium is dangerous and they should have stopped it at the border, which they did not, even though it emits the same signals as live uranium, or they should leave these journalists alone and start looking at the security breaches that could happen rather than worrying about a bunch of journalists and taking it out on the journalists.
This is exactly why the first amendment is there to protect the media, because sometimes government failures need to be exposed and the only people willing to do it are reporters.
COLLINS: Nelda, what's your take on this?
BLAIR: I knew my civil liberties counterpart would have a great argument for the constitution and journalism and the freedom of the press. But, this is a time and a place and there are millions of people across this country that feel that our civil liberties are the ones that need to be protected, the safety of this country, the sanctity of our borders. And a journalist, in the name of a news story, does not have the right to -- and he did do it illegally, he did not have a license for the depleted uranium -- does not have a right to bring across the border anything that might in remotely compromise the safety of this country, the safety and the sanctity of homeland security.
I don't care who they are. And remember this, the constitution does have a freedom of the press part to it, but it does not unanimously sanction every act that a journalist does in the name of a news story. It cannot protect that and these journalists have to be told and have to be taught the they cannot continue to break the law and say oh, it was legitimate reporting, it was a news story and so we don't have to be punished.
COLLINS: So one of you says they did break the law, the other one says that they did not break the law. But...
BLAIR: Oh, they absolutely did.
COLLINS: ... and, in fact, they had no license to carry this depleted uranium.
BLAIR: That's right.
COLLINS: Let me just ask, also, what kind of penalty do you think ABC will face, both of you?
Lida?
RODRIGUEZ-TASEFF: They're not going to prosecute ABC. They're going to scare them because they want the media to stay out of these kinds of stories. Let's not forget, they didn't break the law, according to the government, because the government let the uranium through. That's what this is really about. The government let it through. So either our security is good or our security is lousy, and if it's lousy, I want to know about it, even if it's from a journalist. COLLINS: Nelda, last word.
BLAIR: They won't be criminally prosecuted, but they have to be punished in some manner. They have to not let this happen. I don't care what reason it was, what kind of story it was, we cannot compromise our safety.
COLLINS: Civil liberties attorney Lida Rodriguez-Taseff and former Texas prosecutor Nelda Blair.
Thanks, guys, so much for the discussion.
BLAIR: Thank you.
COLLINS: Appreciate it.
RODRIGUEZ-TASEFF: Thank you, Heidi.
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 September 13, 2003 - 08:11 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: Time now to open our legal briefs. On the docket this morning, the AAA Motor Club pulls the plug in a court fight and the Justice Department looks at whether one news organization went too far to get a story.
Civil liberties attorney Lida Rodriguez-Taseff joins us this morning from Miami.
Good morning to you, Lida.
Thanks for being here again.
LIDA RODRIGUEZ-TASEFF, CIVIL RIGHTS ATTORNEY: Good morning, Heidi.
COLLINS: And former Texas prosecutor Nelda Blair in Washington today.
Hello to you, Nelda.
Thanks to you, also.
NELDA BLAIR, FORMER PROSECUTOR: Good morning.
COLLINS: Let's go ahead and start with this AAA story, the American Automobile Association. I want to set it up for everyone just in case they're not familiar with the story. A 27-year-old elementary school teacher, Melissa Gosule, was driving her car on Cape Cod back in 1999. The car broke down. Her stepfather called AAA to get a tow truck. But when that driver arrived, he told her that he was too busy, he would not be able to help her out or take her car to where she needed to go for another three or four hours. So rather than wait, she accepted a ride with a stranger and then was raped and stabbed to death.
What is the problem with this suit?
Lida, you first.
RODRIGUEZ-TASEFF: The problem with this suit, from the perspective of AAA, is that although people should engage, you know, should make decisions about their personal safety using common sense, and AAA is not responsible for dumb decisions made by people, AAA promises that it will provide roadside assistance to people, it will be there for emergencies, and it's materials actually talk about the dangers of accepting rides from strangers.
So AAA, even though, in my opinion, it did not have an obligation to pick this woman up and that it was not responsible for the fact that she waited -- would not wait for the tow truck and took a ride from a stranger, it was still a problem for a company that holds itself out to its 46 million members as roadside assistance, we're here to help you in emergencies.
COLLINS: Nelda, does promise translate into obligation?
BLAIR: Well, that's exactly what happened in this case. You know, this is not an unusual case. Cases like this are filed every day across this nation, where someone pays for services, the company that promises services doesn't follow through and they get sued. It happens all the time. But normally damages are someone was inconvenienced, maybe a value of their house dropped, something like that.
In this case, a woman lost her life in a horrible, brutal murder. What AAA has come up against is a damage problem. The case is not unusual, the damages are unusual.
After a couple of days into trial on this case, AAA took a look at that jury, I'm sure, that had seen pictures of this lovely young woman, had seen what had happened to her and said gosh, we didn't fulfill our promises, we'd better settle this case right now. And I'm sure they did it for a hefty sum.
COLLINS: Yes, that is exactly what they did. There was a settlement. Those terms, of course, have not been disclosed. We should quickly point out that AAA said that the reason why they didn't pick her up immediately is because she did not appear to be in a dangerous situation.
But I do want to move on to our other topic this morning. ABC News, in a clash in what they say is between national security and the first amendment, let me quickly read this to our viewers. During an investigation of border inspections, federal authorities threatened criminal charges now against ABC News reporters who smuggled harmless depleted uranium into the country for a second time for this particular inspection -- pardon me, investigation that they were doing on border inspections.
Lida, let me start with you once again. At what point does a news organization cross the line when they break the law?
RODRIGUEZ-TASEFF: Well, they didn't cross it this time. What they were doing was investigative journalism. They didn't break the law. They're being prosecuted because they embarrassed the government...
COLLINS: How did they not break the law, Lida?
RODRIGUEZ-TASEFF: Well, all -- because the uranium was depleted uranium. According to Customs, it was safe. It wasn't, it didn't present a threat to our safety. It didn't present a threat to our borders. That's why they say they let it through. So either that uranium is dangerous and they should have stopped it at the border, which they did not, even though it emits the same signals as live uranium, or they should leave these journalists alone and start looking at the security breaches that could happen rather than worrying about a bunch of journalists and taking it out on the journalists.
This is exactly why the first amendment is there to protect the media, because sometimes government failures need to be exposed and the only people willing to do it are reporters.
COLLINS: Nelda, what's your take on this?
BLAIR: I knew my civil liberties counterpart would have a great argument for the constitution and journalism and the freedom of the press. But, this is a time and a place and there are millions of people across this country that feel that our civil liberties are the ones that need to be protected, the safety of this country, the sanctity of our borders. And a journalist, in the name of a news story, does not have the right to -- and he did do it illegally, he did not have a license for the depleted uranium -- does not have a right to bring across the border anything that might in remotely compromise the safety of this country, the safety and the sanctity of homeland security.
I don't care who they are. And remember this, the constitution does have a freedom of the press part to it, but it does not unanimously sanction every act that a journalist does in the name of a news story. It cannot protect that and these journalists have to be told and have to be taught the they cannot continue to break the law and say oh, it was legitimate reporting, it was a news story and so we don't have to be punished.
COLLINS: So one of you says they did break the law, the other one says that they did not break the law. But...
BLAIR: Oh, they absolutely did.
COLLINS: ... and, in fact, they had no license to carry this depleted uranium.
BLAIR: That's right.
COLLINS: Let me just ask, also, what kind of penalty do you think ABC will face, both of you?
Lida?
RODRIGUEZ-TASEFF: They're not going to prosecute ABC. They're going to scare them because they want the media to stay out of these kinds of stories. Let's not forget, they didn't break the law, according to the government, because the government let the uranium through. That's what this is really about. The government let it through. So either our security is good or our security is lousy, and if it's lousy, I want to know about it, even if it's from a journalist. COLLINS: Nelda, last word.
BLAIR: They won't be criminally prosecuted, but they have to be punished in some manner. They have to not let this happen. I don't care what reason it was, what kind of story it was, we cannot compromise our safety.
COLLINS: Civil liberties attorney Lida Rodriguez-Taseff and former Texas prosecutor Nelda Blair.
Thanks, guys, so much for the discussion.
BLAIR: Thank you.
COLLINS: Appreciate it.
RODRIGUEZ-TASEFF: Thank you, Heidi.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
