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CNN Saturday Morning News

Interview With Attorney's Nelda Blair, Lida Rodriguez-Tassef

Aired January 15, 2005 - 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.


TONY HARRIS, CNN ANCHOR, CNN SATURDAY MORNING: From the CNN Center this is CNN SATURDAY MORNING. It is January 15. 8 a.m. here at CNN Headquarters in Atlanta; 5:00 a.m. on the West Coast, on this Martin Luther King national holiday weekend.
Good morning, everyone, I'm Tony Harris.

BETTY NGUYEN, CNN ANCHOR, CNN SATURDAY MORNING: I'm Betty Nguyen. Thank you so much for being with us today.

Here's a look at stories "Now in the News": The Palestinians officially have a new leader this morning. Mahmoud Abbas has been sworn in as Palestinian Authority president. Abbas is calling for a cease-fire and talks with Israel. But Israel has suspended ties in the wake after deadly attack by Palestinian militants in Gaza.

A top Pentagon official gets a firsthand look at the region hit hardest by the tsunami disaster. Deputy Defense Secretary Paul Wolfowitz took a helicopter tour of Banda Aceh, Indonesia, this morning. He also downplayed suggestions that the Indonesian government is mistrustful of the foreign troops taking part in those relief efforts.

Several thousand people are out of their homes in the eastern Indiana city of Anderson. They were evacuated after a magnesium fire at a recycling plant sent up thick plumes of spoke, as you can see in this video. Officials say the smoke is not toxic, but just to be safe, they evacuated people who live downwind of it. There are no reports of injuries.

HARRIS: And here's what we've got on tap for you on CNN's SATURDAY MORNING: High stakes for the Bush administration, it is keeping close tabs as the Iraqis get ready to vote. We'll go live to the White House.

Also, first of the floods, now the deep freeze. Weather woes go from one extreme to another. And she defended a terrorism suspect. Now this lawyer finds herself on the wrong side of the law. We'll talk about her case in our "Legal Briefs."

NGUYEN: This morning military jurors will hear from Army Specialist Charles Graner. The man they convicted of abusing Iraqi prisoners. In just two hours the penalty phase of Graner's court martial resumes, at Fort Hood, in Texas. Graner is to take the stand, something he hasn't done yet. He was accused of being the ringleader in the abuse and sexual humiliation of prisoners at Iraq's Abu Ghraib prison. He spoke briefly as he left the court last night.

(BEGIN VIDEO CLIP)

SPEC. CHARLES GRANER, U.S. ARMY: I'm going to start off by saying, I swear to God, this is the truth, and then what? Then what are you going to hear? You are going to hear a story.

(END VIDEO CLIP)

NGUYEN: Graner faces up to 15 years behind bars. We will have a live report from Fort Hood in our next hour of CNN SATURDAY MORNING.

HARRIS: Betty, we're also following a joint briefing about to get under way at the Pentagon and in Baghdad. The topic, security and the Iraq elections. Top U.S. commanders are briefing Pentagon reporters, via satellite when it happens, from Baghdad.

They will be talking about military operations going on in Mosul and elsewhere in northern Iraq. It is all part of efforts to stabilize an election ahead of this month's election. We'll bring you details of the briefing as they become available.

President Bush is gearing up for next week's inauguration and laying out a blueprint for his second term in office. He says his commitment to the war on terror is unwavering, but will make some personal changes in the next four years. CNN's White House Correspondent Dana Bash joins us now with more

Dana, good morning.

DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Hi, Tony.

Tony, you remember during the campaign the president, in one instance seemed unable, and in another unwilling to recall a mistake or a regret from his first term. He was criticized for that. But he didn't want to give ammunition to his opponent. Now, of course, the election is behind him.

In a series of pre-inauguration interviews Mr. Bush is coming up with a few examples of errors in the way he used language. Vowing to be much more careful with his words in the next four years. He cited the both the infamous "dead or alive" quote, about getting Osama bin Laden in the days after 9/11; and on ABC's "20/20" he said, saying, quote, "bring it on" referring to the Iraqi insurgency, was a poor choice of words.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I do think when I said some things in the first term that were probably a little blunt. "Bring it on" was a little brunt. And I was really speaking to our troops, but it came out -- and it had a different connotation and different meaning to others. And so I've -- I'll be more disciplined in how I say things.

(END VIDEO CLIP)

BASH: Now, that is a line used by anti-American forces now as propaganda, as a rallying tool.

The president did also admit his administration's attempt at public diplomacy to reach out to the Muslim world have also not been very good. One area, Mr. Bush expressed no regret or mistake was when it comes to defining his presidency, that is of course the Iraq war. And despite a new report this week that Iraq is a breeding ground for terrorists, Bush aides say their strategy to stay on the offensive and spread, quote, "freedom" there is the right approach, Tony.

HARRIS: He is unwavering, Dana Bash. Thank you, Dana.

BASH: Thank you.

NGUYEN: Time now for our e-mail question of the day. Do you think the Iraqi elections will be free and fair? We want to you send us your comments at WAM@cnn.com and we'll read the e-mail as little bit later this morning.

HARRIS: The first images of the surface of Saturn's largest moon have scientists behaving like children, all ooos and aahs. The images show what appear to be drainage channels and shoreline, flooded areas. And a plane covered by what looks like large ice boulders. One scientist said the moon looks very much like places on Earth or Mars. The photos come from a probe that landed yesterday. European space officials say hundreds more images of the giant moon are on the way.

NGUYEN: Back here on Mother Earth, the weather outside is still kind of frightful for much of the West and Midwest.

In Utah as many as five people could be bury under 30 feet of snow. An avalanche, a quarter mile wide wreaked havoc near the Canyon Resort in Park City, yesterday. The search for victims is expected to resume in an hour, weather permitting, that is. But officials do not expect to find survivors.

In California fears of a dam break caused 2,300 people to flee their homes. The dam, about 50 miles southeast of Los Angeles had been leaking since Thursday. Officials are slowly releasing water to take stress off of the dam. Nearby residents are urged to stay away until Monday.

And in Illinois, severe flooding is likely responsible for the deaths of a mother and her son. The two were found dead in their flooded basement and could have been electrocuted. In the last few days central Illinois has been hit from flash flooding from thunderstorms that downed up to three inches of rain.

Well, for more on these stories and insight into this year's other weather extremes be sure to tune in Next@cnn, that is today, at 3:00 p.m. Eastern. HARRIS: She is an attorney and grandmother facing 20 years in prison on charges of abetting terrorism. We'll look at her case in "Legal Briefs".

NGUYEN: Steps for losing weight and preventing heart disease. That is all ahead as "House Call" with Dr. Sanjay Gupta answers your best questions.

(COMMERCIAL BREAK)

NGUYEN: The CIA's new crystal ball shows Al Qaeda replaced by new terrorists. It also has Hollywood taking a backseat to Ballywood. The CIA's view of the world 15 years from now, that is live next hour right here on CNN SATURDAY MORNING, 9:00 a.m. Eastern.

HARRIS: Good morning, Minneapolis. We'll have a forecast. Minnesotans are waking up to very cold weather, Betty. Your forecast and the forecast for the rest of the country is next.

(COMMERCIAL BREAK)

(COMMERCIAL BREAK)

NGUYEN: Well good morning, everyone.

When one family member suffers, everyone feels the pain. That is the philosophy of the Army's Band of Brothers. Take soldiers Kyle Edgars and Todd Gibbs, both were killed in Iraq. Now, tomorrow morning on "CNN Sunday", the wife of their unit's commanding officer has their story and talks about the challenges facing families left behind when a soldier is killed in action.

And the fashion police, well they are getting ready for the biggest party in Hollywood. Who cares about the awards, it is all about who is wearing who at the Golden Globes. That's live tomorrow morning on "CNN Sunday", 9:00 a.m. Eastern.

HARRIS: And Dave Hennen joins us now. He's following the weather across the nation. And I'm trying to figure out where is the weather story today, Dave? We've been watching Los Angeles, the Ohio River, what is the story today?

(WEATHER FORECAST)

HARRIS: Here's a check of our top stories. Army Specialist Charles Graner takes the stand this morning as the penalty phase of his court martial resumes in Texas. Now, yesterday, a military jury convicted him of abusing Iraqi prisoners. Graner faces up to 15 years behind bars.

It looks like Washington won't be short of hotel workers for next week's presidential inauguration. Workers there have reached a tentative labor deal with hotel managers aimed at avoiding a strike. Union members still have to vote on the deal.

Keep it off the counter, that's what a government panel says about the popular drug Mevacor. The panel recommends that the prescription drug not be sold over the counter. It says people might misuse it without a doctor's oversight.

NGUYEN: Want to talk about an unsolved crime, in a small town on Cape Cod, where every man is a suspect. We'll talk about that DNA dragnet. That is this week's "Legal Briefs".

(COMMERCIAL BREAK)

NGUYEN: An attorney who defended an Egyptian cleric, as he stood trial on terrorism charges is now a defendant herself. Lynne Stewart is charged with urging the cleric's followers to commit acts of violence in Egypt. Her fate is now in the hands of a federal jury.

Also in the docket this morning, three letters, DNA. Civil rights advocates are demanding authorities stop collecting DNA samples from men in the town of Turuo (ph), Massachusetts, as part after murder investigation.

And how do you know when a lawyer joke has gone just too far? Well, when the punch line is, you have the right to remain silent. We're not joking here.

Let's bring in our legal experts to bat these cases back and forth. Former prosecutor Nelda Blair joins us live from Houston. And civil liberties attorney, Lida Rodriguez-Tassef is in our Miami bureau.

Good morning, ladies.

NELDA BLAIR, FORMER PROSECUTOR: Good morning.

LIDA RODRIGUEZ-TASSEF, CIVIL LIBERTIES ATTORNEY: Good morning.

NGUYEN: Let's start with the Lynne Stewart case. This has gone to a federal jury and this is basically a trial about how far an attorney can go to defend her client.

Nelda, let's start with you. Do you think Lynne went too far?

BLAIR: I absolutely do. I don't think it's a question of how far an attorney can go. I think it is how far that someone that wants to support terrorism can go and behind their law license, which is what Stewart is doing.

She has helped this sheik, who by the way, is convicted and serving time in federal prison for conspiring to kill the Egyptian president and to blow up the United Nations. This is a seriously bad terrorist. And this woman is helping him continue to spread his word from prison while she is hiding behind the attorney/client privilege. It's wrong.

NGUYEN: Lida, you agree?

RODRIGUEZ-TASSEF: Oh, give me a break, Nelda. By the way, glad to have you back, but this is absolute baloney. This case isn't about how far an attorney can go. It's about how far the prosecution will go in preventing lawyers from representing their clients. She is being charged with two things.

The first is violating a gag order; not a gag order impose by a court or judge, no. It's a gag order imposed by the prosecution that says we are telling you, defense lawyers, you can't talk about this case to anyone and you can't talk to the media. Will we, the prosecution, follow a gag order? No. We can talk to whoever we want. That's the first thing she is charged with.

The second thing she is charged with is violating a jailhouse rule created by none other than the same prosecution. This is not a jailhouse rule created by some judge or jury or a federal court. This is a jailhouse rule that basically says that prosecutors want defense lawyers to only talk to their clients about legal issues.

Now, that goes completely contrary to what the bar rules tell lawyers they are supposed to be giving their clients advice on. Lawyers are supposed to be counselors on everything. So for the prosecution to say we're telling you, you can only talk to your client about legal issues is akin to a bunch of doctors telling another bunch of doctors we're telling you, you are not supposed to act under the Hippocratic Oath. By the way, we want you to go out and take lives instead of preserving them.

BLAIR: Lida, she is charged with conspiring against the United States government. She is charged with conspiring with terrorists. She let him use the fax machine. She got messages out -- reports that he issued to his followers to go against the ceasefire. I mean, she has done so much more than just chat with her client.

NGUYEN: OK, well, Nelda, we're going to -- unfortunately we're going to have to move on from this, because we have two more topics to get to within our timeframe. Let's talk about submitting DNA.

Is there anything wrong, Nelda, with asking someone to voluntarily submit their DNA?

BLAIR: Absolutely nothing wrong with this. Technology has come many, many strides in the past several years. And DNA is a perfect example. It would be so backward of us not to use DNA to solve crimes.

Which is exactly what the prosecution and the investigators in this case are trying to do. They are trying to solve a terrible murder. What they are doing is asking people to voluntarily submit DNA that can be compared against the DNA found at the crime scene. There is absolutely nothing wrong with that.

(CROSS TALK)

NGUYEN: But, Lida, is this an invasion of privacy? If someone doesn't want to submit, would they be looked at as a suspect because they didn't submit their DNA? RODRIGUEZ-TASSEF: Absolutely. That's what they were told. If you don't submit the DNA, we're going to run the license plate. We'll call you in for questioning. We're going to harass you.

It is absolutely coercive to tell people have you to submit the DNA. By the way, if you don't, we're going to sit here and watch you. In addition it's bad police practices. This case is three years old. You think the guy who committed this crime is still hanging around town waiting to give his DNA? Give me a break. The only DNA they are going to be taking is the DNA of innocent people who are having their privacy invaded by this ridiculous idea.

BLAIR: I bet the ACLU would be screaming if they weren't using DNA to free someone who has been accused.

NGUYEN: All right. Let's move on to the last one. I want to you ...

RODRIGUEZ-TASSEF: That was good, by the way, though.

(LAUGHTER)

NGUYEN: I want you to listen to this joke, quickly. Because this got a couple of people into some hot water.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What do you throw a drowning lawyer? A rock. What do you call 500 lawyers at the bottom of the ocean?

UNIDENTIFIED MALE: A good start.

(END VIDEO CLIP)

NGUYEN: All right. As an attorney, you guys probably don't like these jokes, but I mean what is wrong with saying a few jokes in a courthouse. Let's start with you, Nelda?

BLAIR: There's nothing wrong with joking. It's a perfectly logical thing to do. Perfectly legal thing to do. It is not -- it is constitutional. The problem is these folks were not just telling lawyer jokes, they were creating a public disturbance.

This is a group called American Justice Reform, or something close to that. What they do, basically, is watch the courts. They go in and make sure that the courts are doing their jobs -- according to them. They do it -- they say they do it, with confrontational disruptive policies. All I can say is they have been charged with public misdemeanor. And what they are going to do now, is see the inside of the courtroom for themselves.

RODRIGUEZ-TASSEF: Nelda, you have absolutely no sense of humor. They did nothing wrong. This is not a disturbance. This didn't disorderly conduct. This is a lawyer who got upset because the joke was on him. That's where I'm going to leave it. NGUYEN: All right, ladies. We'll leave it there. No jokes for you two.

BLAIR: We've heard them all.

NGUYEN: Yes, OK. We'll see you next weekend.

Lida Rodriguez-Tassef, and Nelda Blair, as always, a pleasure, have a great morning.

BLAIR: Thank you.

RODRIGUEZ-TASSEF: You, too.

HARRIS: All right. Let's get to our e-mail responses from you this morning. Here's the question, Iraqi elections, free and fair? With a question mark.

And our first response comes from Pete who says, "How free and fair can a democratic election be if not all the people will have an opportunity to participate?"

Good point.

NGUYEN: Gary from canyon city, Colorado, writes: "Per our standards, not so fair. However, per their standards it is miles ahead of what they could have ever dreamed of.

And we appreciate you sending those comments in. Oh keep them coming at wam@cnn.com.

HARRIS: Flooding California cuts off an entire community. Next hour we'll hear from residents on how they are coping with dwindling food and medical supplies.

NGUYEN: But first, from migraines to gastric bypass surgery, "House Call" tackles your best questions. I'm Betty Nguyen.

HARRIS: I'm Tony Harris, we'll see you again at the top of the hour. "House Call" with Dr. Sanjay Gupta, and your top stories, straight ahead.

(BEGIN VIDEO CLIP)

ANNOUNCER: The "Top 25 Innovations" that changed the world and our lives, during CNN's first 25 years. We asked experts at the Lemos (ph) MIT program to come up with a list. Scanning in at No. 10, radio frequency ID tags, miniscule microchips that track packages, animals, toll passes and even people.

SANJAR SADMA, CTO, OATSYSTEMS: Our OAT tags are going to be these silent technology helpers to a society.

ANNOUNCER: One-hour photo? More like one minute, thanks to No. 9. Digital cameras have developed a new kind of photo taking.

At No. 8, memory storage disk, CDs, CD-Rams, and DVD, changing the way we view and store information.

On the move with No. 7, portable computers. Laptops and PDAs give people the freedom to stay connected anywhere. The global positioning system, GPS, finds its way to No. 6. Hikers, sailors, pilots and drivers are now finding their way home with fewer marital spats.

Stay tuned as we navigate to No. 1.

(COMMERCIAL BREAK)

HARRIS: "Now in the News": Mahmoud Abbas is now officially the new president of the Palestinian Authority. Abbas was sworn in about two hours ago. Israel has already suspended contact with the new president after a deadly attack on Israeli citizens in Gaza.

In his acceptance speech Abbas said, quote, "Our hands are extended to Israel, but partnership is not by words alone, but by deeds."

Army Reserve Specialist Charles Graner is scheduled to take the stand this morning. He will testify at the penalty phase of his court martial on charges of abusing prisoners in Iraq. Graner is facing up to 15 years in prison. A military jury found him guilty of leading physical abuse of detainees at Baghdad's Abu Ghraib prison.

As many as five people may be trapped under an avalanche in Utah. Emergency workers will resume their search near Park City if weather permits. The county sheriff says, at this point, it would be a miracle to find anyone alive. Victims are believed to be buried under snow up to 30 feet deep.

I'm Tony Harris. "House Call" begins right now.

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 January 15, 2005 - 08:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
TONY HARRIS, CNN ANCHOR, CNN SATURDAY MORNING: From the CNN Center this is CNN SATURDAY MORNING. It is January 15. 8 a.m. here at CNN Headquarters in Atlanta; 5:00 a.m. on the West Coast, on this Martin Luther King national holiday weekend.
Good morning, everyone, I'm Tony Harris.

BETTY NGUYEN, CNN ANCHOR, CNN SATURDAY MORNING: I'm Betty Nguyen. Thank you so much for being with us today.

Here's a look at stories "Now in the News": The Palestinians officially have a new leader this morning. Mahmoud Abbas has been sworn in as Palestinian Authority president. Abbas is calling for a cease-fire and talks with Israel. But Israel has suspended ties in the wake after deadly attack by Palestinian militants in Gaza.

A top Pentagon official gets a firsthand look at the region hit hardest by the tsunami disaster. Deputy Defense Secretary Paul Wolfowitz took a helicopter tour of Banda Aceh, Indonesia, this morning. He also downplayed suggestions that the Indonesian government is mistrustful of the foreign troops taking part in those relief efforts.

Several thousand people are out of their homes in the eastern Indiana city of Anderson. They were evacuated after a magnesium fire at a recycling plant sent up thick plumes of spoke, as you can see in this video. Officials say the smoke is not toxic, but just to be safe, they evacuated people who live downwind of it. There are no reports of injuries.

HARRIS: And here's what we've got on tap for you on CNN's SATURDAY MORNING: High stakes for the Bush administration, it is keeping close tabs as the Iraqis get ready to vote. We'll go live to the White House.

Also, first of the floods, now the deep freeze. Weather woes go from one extreme to another. And she defended a terrorism suspect. Now this lawyer finds herself on the wrong side of the law. We'll talk about her case in our "Legal Briefs."

NGUYEN: This morning military jurors will hear from Army Specialist Charles Graner. The man they convicted of abusing Iraqi prisoners. In just two hours the penalty phase of Graner's court martial resumes, at Fort Hood, in Texas. Graner is to take the stand, something he hasn't done yet. He was accused of being the ringleader in the abuse and sexual humiliation of prisoners at Iraq's Abu Ghraib prison. He spoke briefly as he left the court last night.

(BEGIN VIDEO CLIP)

SPEC. CHARLES GRANER, U.S. ARMY: I'm going to start off by saying, I swear to God, this is the truth, and then what? Then what are you going to hear? You are going to hear a story.

(END VIDEO CLIP)

NGUYEN: Graner faces up to 15 years behind bars. We will have a live report from Fort Hood in our next hour of CNN SATURDAY MORNING.

HARRIS: Betty, we're also following a joint briefing about to get under way at the Pentagon and in Baghdad. The topic, security and the Iraq elections. Top U.S. commanders are briefing Pentagon reporters, via satellite when it happens, from Baghdad.

They will be talking about military operations going on in Mosul and elsewhere in northern Iraq. It is all part of efforts to stabilize an election ahead of this month's election. We'll bring you details of the briefing as they become available.

President Bush is gearing up for next week's inauguration and laying out a blueprint for his second term in office. He says his commitment to the war on terror is unwavering, but will make some personal changes in the next four years. CNN's White House Correspondent Dana Bash joins us now with more

Dana, good morning.

DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Hi, Tony.

Tony, you remember during the campaign the president, in one instance seemed unable, and in another unwilling to recall a mistake or a regret from his first term. He was criticized for that. But he didn't want to give ammunition to his opponent. Now, of course, the election is behind him.

In a series of pre-inauguration interviews Mr. Bush is coming up with a few examples of errors in the way he used language. Vowing to be much more careful with his words in the next four years. He cited the both the infamous "dead or alive" quote, about getting Osama bin Laden in the days after 9/11; and on ABC's "20/20" he said, saying, quote, "bring it on" referring to the Iraqi insurgency, was a poor choice of words.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I do think when I said some things in the first term that were probably a little blunt. "Bring it on" was a little brunt. And I was really speaking to our troops, but it came out -- and it had a different connotation and different meaning to others. And so I've -- I'll be more disciplined in how I say things.

(END VIDEO CLIP)

BASH: Now, that is a line used by anti-American forces now as propaganda, as a rallying tool.

The president did also admit his administration's attempt at public diplomacy to reach out to the Muslim world have also not been very good. One area, Mr. Bush expressed no regret or mistake was when it comes to defining his presidency, that is of course the Iraq war. And despite a new report this week that Iraq is a breeding ground for terrorists, Bush aides say their strategy to stay on the offensive and spread, quote, "freedom" there is the right approach, Tony.

HARRIS: He is unwavering, Dana Bash. Thank you, Dana.

BASH: Thank you.

NGUYEN: Time now for our e-mail question of the day. Do you think the Iraqi elections will be free and fair? We want to you send us your comments at WAM@cnn.com and we'll read the e-mail as little bit later this morning.

HARRIS: The first images of the surface of Saturn's largest moon have scientists behaving like children, all ooos and aahs. The images show what appear to be drainage channels and shoreline, flooded areas. And a plane covered by what looks like large ice boulders. One scientist said the moon looks very much like places on Earth or Mars. The photos come from a probe that landed yesterday. European space officials say hundreds more images of the giant moon are on the way.

NGUYEN: Back here on Mother Earth, the weather outside is still kind of frightful for much of the West and Midwest.

In Utah as many as five people could be bury under 30 feet of snow. An avalanche, a quarter mile wide wreaked havoc near the Canyon Resort in Park City, yesterday. The search for victims is expected to resume in an hour, weather permitting, that is. But officials do not expect to find survivors.

In California fears of a dam break caused 2,300 people to flee their homes. The dam, about 50 miles southeast of Los Angeles had been leaking since Thursday. Officials are slowly releasing water to take stress off of the dam. Nearby residents are urged to stay away until Monday.

And in Illinois, severe flooding is likely responsible for the deaths of a mother and her son. The two were found dead in their flooded basement and could have been electrocuted. In the last few days central Illinois has been hit from flash flooding from thunderstorms that downed up to three inches of rain.

Well, for more on these stories and insight into this year's other weather extremes be sure to tune in Next@cnn, that is today, at 3:00 p.m. Eastern. HARRIS: She is an attorney and grandmother facing 20 years in prison on charges of abetting terrorism. We'll look at her case in "Legal Briefs".

NGUYEN: Steps for losing weight and preventing heart disease. That is all ahead as "House Call" with Dr. Sanjay Gupta answers your best questions.

(COMMERCIAL BREAK)

NGUYEN: The CIA's new crystal ball shows Al Qaeda replaced by new terrorists. It also has Hollywood taking a backseat to Ballywood. The CIA's view of the world 15 years from now, that is live next hour right here on CNN SATURDAY MORNING, 9:00 a.m. Eastern.

HARRIS: Good morning, Minneapolis. We'll have a forecast. Minnesotans are waking up to very cold weather, Betty. Your forecast and the forecast for the rest of the country is next.

(COMMERCIAL BREAK)

(COMMERCIAL BREAK)

NGUYEN: Well good morning, everyone.

When one family member suffers, everyone feels the pain. That is the philosophy of the Army's Band of Brothers. Take soldiers Kyle Edgars and Todd Gibbs, both were killed in Iraq. Now, tomorrow morning on "CNN Sunday", the wife of their unit's commanding officer has their story and talks about the challenges facing families left behind when a soldier is killed in action.

And the fashion police, well they are getting ready for the biggest party in Hollywood. Who cares about the awards, it is all about who is wearing who at the Golden Globes. That's live tomorrow morning on "CNN Sunday", 9:00 a.m. Eastern.

HARRIS: And Dave Hennen joins us now. He's following the weather across the nation. And I'm trying to figure out where is the weather story today, Dave? We've been watching Los Angeles, the Ohio River, what is the story today?

(WEATHER FORECAST)

HARRIS: Here's a check of our top stories. Army Specialist Charles Graner takes the stand this morning as the penalty phase of his court martial resumes in Texas. Now, yesterday, a military jury convicted him of abusing Iraqi prisoners. Graner faces up to 15 years behind bars.

It looks like Washington won't be short of hotel workers for next week's presidential inauguration. Workers there have reached a tentative labor deal with hotel managers aimed at avoiding a strike. Union members still have to vote on the deal.

Keep it off the counter, that's what a government panel says about the popular drug Mevacor. The panel recommends that the prescription drug not be sold over the counter. It says people might misuse it without a doctor's oversight.

NGUYEN: Want to talk about an unsolved crime, in a small town on Cape Cod, where every man is a suspect. We'll talk about that DNA dragnet. That is this week's "Legal Briefs".

(COMMERCIAL BREAK)

NGUYEN: An attorney who defended an Egyptian cleric, as he stood trial on terrorism charges is now a defendant herself. Lynne Stewart is charged with urging the cleric's followers to commit acts of violence in Egypt. Her fate is now in the hands of a federal jury.

Also in the docket this morning, three letters, DNA. Civil rights advocates are demanding authorities stop collecting DNA samples from men in the town of Turuo (ph), Massachusetts, as part after murder investigation.

And how do you know when a lawyer joke has gone just too far? Well, when the punch line is, you have the right to remain silent. We're not joking here.

Let's bring in our legal experts to bat these cases back and forth. Former prosecutor Nelda Blair joins us live from Houston. And civil liberties attorney, Lida Rodriguez-Tassef is in our Miami bureau.

Good morning, ladies.

NELDA BLAIR, FORMER PROSECUTOR: Good morning.

LIDA RODRIGUEZ-TASSEF, CIVIL LIBERTIES ATTORNEY: Good morning.

NGUYEN: Let's start with the Lynne Stewart case. This has gone to a federal jury and this is basically a trial about how far an attorney can go to defend her client.

Nelda, let's start with you. Do you think Lynne went too far?

BLAIR: I absolutely do. I don't think it's a question of how far an attorney can go. I think it is how far that someone that wants to support terrorism can go and behind their law license, which is what Stewart is doing.

She has helped this sheik, who by the way, is convicted and serving time in federal prison for conspiring to kill the Egyptian president and to blow up the United Nations. This is a seriously bad terrorist. And this woman is helping him continue to spread his word from prison while she is hiding behind the attorney/client privilege. It's wrong.

NGUYEN: Lida, you agree?

RODRIGUEZ-TASSEF: Oh, give me a break, Nelda. By the way, glad to have you back, but this is absolute baloney. This case isn't about how far an attorney can go. It's about how far the prosecution will go in preventing lawyers from representing their clients. She is being charged with two things.

The first is violating a gag order; not a gag order impose by a court or judge, no. It's a gag order imposed by the prosecution that says we are telling you, defense lawyers, you can't talk about this case to anyone and you can't talk to the media. Will we, the prosecution, follow a gag order? No. We can talk to whoever we want. That's the first thing she is charged with.

The second thing she is charged with is violating a jailhouse rule created by none other than the same prosecution. This is not a jailhouse rule created by some judge or jury or a federal court. This is a jailhouse rule that basically says that prosecutors want defense lawyers to only talk to their clients about legal issues.

Now, that goes completely contrary to what the bar rules tell lawyers they are supposed to be giving their clients advice on. Lawyers are supposed to be counselors on everything. So for the prosecution to say we're telling you, you can only talk to your client about legal issues is akin to a bunch of doctors telling another bunch of doctors we're telling you, you are not supposed to act under the Hippocratic Oath. By the way, we want you to go out and take lives instead of preserving them.

BLAIR: Lida, she is charged with conspiring against the United States government. She is charged with conspiring with terrorists. She let him use the fax machine. She got messages out -- reports that he issued to his followers to go against the ceasefire. I mean, she has done so much more than just chat with her client.

NGUYEN: OK, well, Nelda, we're going to -- unfortunately we're going to have to move on from this, because we have two more topics to get to within our timeframe. Let's talk about submitting DNA.

Is there anything wrong, Nelda, with asking someone to voluntarily submit their DNA?

BLAIR: Absolutely nothing wrong with this. Technology has come many, many strides in the past several years. And DNA is a perfect example. It would be so backward of us not to use DNA to solve crimes.

Which is exactly what the prosecution and the investigators in this case are trying to do. They are trying to solve a terrible murder. What they are doing is asking people to voluntarily submit DNA that can be compared against the DNA found at the crime scene. There is absolutely nothing wrong with that.

(CROSS TALK)

NGUYEN: But, Lida, is this an invasion of privacy? If someone doesn't want to submit, would they be looked at as a suspect because they didn't submit their DNA? RODRIGUEZ-TASSEF: Absolutely. That's what they were told. If you don't submit the DNA, we're going to run the license plate. We'll call you in for questioning. We're going to harass you.

It is absolutely coercive to tell people have you to submit the DNA. By the way, if you don't, we're going to sit here and watch you. In addition it's bad police practices. This case is three years old. You think the guy who committed this crime is still hanging around town waiting to give his DNA? Give me a break. The only DNA they are going to be taking is the DNA of innocent people who are having their privacy invaded by this ridiculous idea.

BLAIR: I bet the ACLU would be screaming if they weren't using DNA to free someone who has been accused.

NGUYEN: All right. Let's move on to the last one. I want to you ...

RODRIGUEZ-TASSEF: That was good, by the way, though.

(LAUGHTER)

NGUYEN: I want you to listen to this joke, quickly. Because this got a couple of people into some hot water.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What do you throw a drowning lawyer? A rock. What do you call 500 lawyers at the bottom of the ocean?

UNIDENTIFIED MALE: A good start.

(END VIDEO CLIP)

NGUYEN: All right. As an attorney, you guys probably don't like these jokes, but I mean what is wrong with saying a few jokes in a courthouse. Let's start with you, Nelda?

BLAIR: There's nothing wrong with joking. It's a perfectly logical thing to do. Perfectly legal thing to do. It is not -- it is constitutional. The problem is these folks were not just telling lawyer jokes, they were creating a public disturbance.

This is a group called American Justice Reform, or something close to that. What they do, basically, is watch the courts. They go in and make sure that the courts are doing their jobs -- according to them. They do it -- they say they do it, with confrontational disruptive policies. All I can say is they have been charged with public misdemeanor. And what they are going to do now, is see the inside of the courtroom for themselves.

RODRIGUEZ-TASSEF: Nelda, you have absolutely no sense of humor. They did nothing wrong. This is not a disturbance. This didn't disorderly conduct. This is a lawyer who got upset because the joke was on him. That's where I'm going to leave it. NGUYEN: All right, ladies. We'll leave it there. No jokes for you two.

BLAIR: We've heard them all.

NGUYEN: Yes, OK. We'll see you next weekend.

Lida Rodriguez-Tassef, and Nelda Blair, as always, a pleasure, have a great morning.

BLAIR: Thank you.

RODRIGUEZ-TASSEF: You, too.

HARRIS: All right. Let's get to our e-mail responses from you this morning. Here's the question, Iraqi elections, free and fair? With a question mark.

And our first response comes from Pete who says, "How free and fair can a democratic election be if not all the people will have an opportunity to participate?"

Good point.

NGUYEN: Gary from canyon city, Colorado, writes: "Per our standards, not so fair. However, per their standards it is miles ahead of what they could have ever dreamed of.

And we appreciate you sending those comments in. Oh keep them coming at wam@cnn.com.

HARRIS: Flooding California cuts off an entire community. Next hour we'll hear from residents on how they are coping with dwindling food and medical supplies.

NGUYEN: But first, from migraines to gastric bypass surgery, "House Call" tackles your best questions. I'm Betty Nguyen.

HARRIS: I'm Tony Harris, we'll see you again at the top of the hour. "House Call" with Dr. Sanjay Gupta, and your top stories, straight ahead.

(BEGIN VIDEO CLIP)

ANNOUNCER: The "Top 25 Innovations" that changed the world and our lives, during CNN's first 25 years. We asked experts at the Lemos (ph) MIT program to come up with a list. Scanning in at No. 10, radio frequency ID tags, miniscule microchips that track packages, animals, toll passes and even people.

SANJAR SADMA, CTO, OATSYSTEMS: Our OAT tags are going to be these silent technology helpers to a society.

ANNOUNCER: One-hour photo? More like one minute, thanks to No. 9. Digital cameras have developed a new kind of photo taking.

At No. 8, memory storage disk, CDs, CD-Rams, and DVD, changing the way we view and store information.

On the move with No. 7, portable computers. Laptops and PDAs give people the freedom to stay connected anywhere. The global positioning system, GPS, finds its way to No. 6. Hikers, sailors, pilots and drivers are now finding their way home with fewer marital spats.

Stay tuned as we navigate to No. 1.

(COMMERCIAL BREAK)

HARRIS: "Now in the News": Mahmoud Abbas is now officially the new president of the Palestinian Authority. Abbas was sworn in about two hours ago. Israel has already suspended contact with the new president after a deadly attack on Israeli citizens in Gaza.

In his acceptance speech Abbas said, quote, "Our hands are extended to Israel, but partnership is not by words alone, but by deeds."

Army Reserve Specialist Charles Graner is scheduled to take the stand this morning. He will testify at the penalty phase of his court martial on charges of abusing prisoners in Iraq. Graner is facing up to 15 years in prison. A military jury found him guilty of leading physical abuse of detainees at Baghdad's Abu Ghraib prison.

As many as five people may be trapped under an avalanche in Utah. Emergency workers will resume their search near Park City if weather permits. The county sheriff says, at this point, it would be a miracle to find anyone alive. Victims are believed to be buried under snow up to 30 feet deep.

I'm Tony Harris. "House Call" begins right now.

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