Thursday, February 12, 2004

Cloning Breakthrough; Steroid Indictments; Atkins Changing Way Americans Eat?

Cloning Breakthrough; Steroid Indictments; Atkins Changing Way Americans Eat?

Aired February 12, 2004 - 22:00 ET

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

AARON BROWN, CNN ANCHOR: Good evening again. We're in Atlanta tonight. So, is it good news or bad? As we'll report shortly, scientists in South Korea say they've created human embryos through cloning, a major step toward being able to clone a baby. While the scientists work on perfecting their technique, the rest of us can consider the ethical ramifications of it all. There are the prospects of great medical advances, cures to horrible diseases, great stuff. Then there is also the not-so-great stuff, at least to many people. Many people think that we are now racing to that brave new world where science outpaces ethics. This is not a dispute to settle in one night. It is one to understand better, and we shall. It begins "The Whip."CNN's Dr. Sanjay Gupta gets us started on the cloning story. A headline from you tonight, please.

DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Breakthroughs aren't a word that are often used by researchers. But it probably applies here. Researchers in South Korea have cloned a human embryo, taken those stem cells and performed a critical step toward creating replacement parts for humans.BROWN: Sanjay, thank you. We'll get to you at the top tonight.Next, to what seems like the forgotten player in the ImClone scandal, the drug at the center of it all. CNN's Allan Chernoff with us. Allan, a headline from you. 

ALLAN CHERNOFF, CNN CORRESPONDENT: ImClone's cancer drug gets approval on its second go-round before the Food and Drug Administration. But it's too late for thousands of cancer patients, as well as Martha Stewart and ImClone founder Sam Waksal. BROWN: Allan, thank you. Drugs and scandal elsewhere tonight also. This scandal involves steroids in big league sports. CNN's Josie Burke does the reporting and offers up a headline. 

JOSIE BURKE, CNN CORRESPONDENT: Aaron, the personal trainer for baseball superstar Barry bonds, the most prolific home run hitter in the game, was among those indicted today for conspiring to distribute performance-enhancing drugs to athletes -- Aaron. 

BROWN: Josie, thank you. And finally to Boston and the bitter fight over gay marriage in Massachusetts. CNN's David Mattingly with the duty. David, a headline today? 

DAVID MATTINGLY, CNN CORRESPONDENT: Aaron, state lawmakers are only looking for a simple majority to get behind a proposed constitutional amendment banning gay marriage. And so far, they haven't been able to find it -- Aaron. 

BROWN: David, thank you. We'll get back to you and the rest shortly. Also coming up tonight on NEWSNIGHT from Atlanta, under fire in the board room and under attack in the market place. We'll hear what the head man at Disney plans to do to keep his job, a well-paying job, that. Later, the controversy continues after his death, Dr. Robert Atkins and the ongoing effect on the foods we eat. We'll all dip into the gossip front, something we rarely do here at NEWSNIGHT, to get to the bottom of the breakup of Ken and Barbie. And perhaps that story will make the front page of your morning paper. I'll bet it makes many. We'll get an early jump on Friday, rooster in tow. All that and more in the hour ahead. We begin tonight either one small step down a road to a better and healthier tomorrow or one giant leap into the brave new world, perhaps a bit of both. Like the embryonic cells that researchers say they can now manipulate, the possibilities are nearly limitless. So are the implications, for making people better, or, some worry, for making better people -- that in a moment. First, the news of the day and CNN's Sanjay Gupta. 

(BEGIN VIDEOTAPE) 

GUPTA (voice-over): These researchers from South Korea have accomplished a first. 

UNIDENTIFIED MALE: We have to a nouns the successful derivation of human embryo stem cells from cloned human 

(UNINTELLIGIBLE). 

GUPTA: Yes, they cloned a human cell. No, they did not try to make a baby, nor did they develop a radically new technique. They used essentially the same method used to create Dolly the sheep. But the South Korean scientists stopped well short of letting their embryo develop to full term. Here's what they did. Researchers took an egg from a Korean woman, removed all the genetic material from inside that egg, then took the genetic material from another cell from the same woman and injected it into the empty egg. With a chemical bath, the researchers made this egg divide as if it had been fertilized. And after five or six days, the egg turned into a blastocyst. That's an early stage embryo. By then, stem cells had formed inside the blastocyst, which a scientist then removed. By removing those stem cells, the embryo was destroyed. It took many attempts to finally get to one stem cell line. Researchers are calling this a breakthrough because it is a first step towards developing specialized treatments for diabetes, Parkinson's and other genetically-linked diseases. But in theory, if the stem cells had not been removed, the blastocyst could have been implanted to a woman's uterus and possible carried to term, creating a cloned human baby. And that's what many people fear could happen. Now that the way to create an embryo of a human clone for stem cells has been published, could it be a recipe for cloning human beings? 

DONALD KENNEDY, EDITOR IN CHIEF, "SCIENCE": It's a recipe only in the sense that, catch a turtle is the recipe for turtle sup. That is, there is much difficulty that would remain to anybody who tried to use this technology as a first step toward reproductive cloning. 

(END VIDEOTAPE) 

GUPTA: And all the scientists, including those South Korean scientists, used that press conference also as an opportunity to talk about the ban of reproductive cloning. Still, this is the first important step toward, possibly replacement parts down the line many years. 

BROWN: All day, I had a vision of what this story was, is that we had moved a large step down a road that maybe we wanted to go down and maybe we don't want to go down or maybe we don't want to go the whole way. Now, I'm not sure it's a large step. It sounds more like an incremental step.

GUPTA: Yes. Certainly, the outcome is going to be what everything is measured by. Can you actually translate today into therapies for diabetes, Parkinson's and things like that? Getting these stem cells that are going to be a perfect genetic match. If you had diabetes and we did this for you and created pancreatic cells that could be used perfectly for Aaron Brown, no rejection, nothing like that, that is sort of the outcome. But that's still several years down the road. They haven't done this yet, what's happened today yet, but the theory that it could happen has been out there for some time. 

BROWN: But several years is not a lot. We're not talking decades, right? 

GUPTA: That's right. And if you had to sort of measure the progress of things, this was a large part of the overall progress of things. How long will it take for the rest of that to actually get to those treatments might be incrementally shorter than what it's taken to get to here. 

BROWN: Thank you. 

GUPTA: Thank you. 

BROWN: I have the feeling we're at the beginning of something. As we said, this is an issue of enormous implication, which many Americans disagree how the country should look at it, where the country should go.We're joined tonight by Professor Lee Silver. He is a professor of molecular biology and public affairs at Princeton University. It's nice to see you, sir. Thanks for joining us. 

LEE SILVER, PRINCETON UNIVERSITY: Good evening, Aaron. 

BROWN: Professor, put a headline on this from where you saw it today. What is the thing we should be most focused on? 

SILVER: Well, this is a giant technical step, in the sense that a lot of scientists thought that, even if human embryo cloning was possible, it would always be very inefficient. And what the Korean scientists have done is, they have developed a method to make cloning of human embryos efficient. There was a 25 percent success rate of turning eggs into embryos. So this suggests that it's -- there's not just a hypothesis stem cells could be used to overcome disease, but this provides really good evidence that -- it's going to be down the line. We're going to be able to use embryonic stem cells to create tissues that can be used to overcome a person's disease. 

BROWN: What about this, if anything, should make me nervous? 

SILVER: I think that a lot of people are very nervous about reproductive cloning. But there's a bright line between using these cells for therapeutic purposes and for reproductive purposes. And that bright line is whether you put the embryo into a woman's womb or not. If you just work in the laboratory, you cannot create a fetus or a baby. We have to remember, of course, the embryos we're talking about are invisible to the human eye. It's only if you put that into a womb. That's not a slippery slope. That's a giant leap, if somebody did that. And, at the moment, the technology is dangerous in animals. And the Korean scientists didn't do anything to show that it might be safe to use reproductive cloning in humans. 

BROWN: Do different countries or different cultures here view the prospects of human baby cloning differently? 

SILVER: Well, it's not the human baby cloning that cultures view differently. Most people don't like that idea. I think different cultures look at the human embryo in very different ways. So, in the United States there's a real polarization between those who look at this invisible embryo and equate it with a human being vs. those who just see cells that could be used for tissues that can overcome disease. The Asian countries don't seem to have as much of a problem with using human embryos to overcome disease, which is why a lot of scientists and money is moving to Asia, as opposed to the United States. 

BROWN: Back two, 2 1/2 years ago, when the president made his decision and made his speech on stem cell research, there was talk about brain drain and money drain going to other places. Have we, in fact, seen that? 

SILVER: Well, in fact, there's some evidence that that actually is happening. We've seen a reduce in the amount of money and research being done in the United States, at the same time, as Singapore and China and now Korea are investing a lot more money, again, because they don't have the same cultural objection that exists in some people in the United States. 

BROWN: I'm not quite sure how to ask this question. But I think what I want to know is, do you think, in your lifetime, for example, in your lifetime, they will be able to repair a broken spinal cord, get someone who's paralyzed to walk? Do you anticipate that? 

SILVER: I do, actually. I think many scientists are very optimistic that this technology can be used to replace all sorts of tissues and organs. Now, organs are more difficult. I think the first replacement, clinical use of replacement technology will be with simple cells, like muscle cells to overcome heart disease or pancreatic cells to overcome diabetes or perhaps to neurological cells to overcome Parkinson's disease. When you try to make something more complicated, like a kidney, for example, that's going to be further down the road. But I think, perhaps in my lifetime, I might even see that. 

BROWN: That would be some sort of day, if we get there. And there will be a lot of battles between now and then, scientific and otherwise.

SILVER: Yes. 

BROWN: Professor, good to have you with us tonight. Thank you, sir, very much.

SILVER: Very good to be with you. 

BROWN: Thank you, Lee Silver, Professor Lee Silver, out of Princeton University. The Food and Drug Administration today approved a drug that wouldn't have been possible without cutting-edge microbiology. It's a long path to the market, however. It's also tangled up in matters of a more old-fashioned sort, a scandal involving celebrity, greed and something else. The company is ImClone, the drug Erbitux. And the something else is irony. Here's CNN's Allan Chernoff. 

(BEGIN VIDEOTAPE) 

CHERNOFF (voice-over): FDA approval of Erbitux came too late for many people, Martha Stewart, who dumped her ImClone stock the day before the Food and Drug Administration first rejected the cancer drug more than two years ago.Her friend, Sam Waksal, at the time ImClone's chief executive, tried to sell on inside information that the rejection was coming. Waksal is now serving a seven-year jail term. Stewart is on trial for lying about her sale. Most important of all, it came too late for cancer patients like Rachel Hightower, who died only months after this interview. 

RACHEL HIGHTOWER, CANCER PATIENT: If you think you have something that may cure you or may help you at least extend your life, then you're real anxious to get to that drug. And there ought to be ways to expedite the process. 

CHERNOFF: Erbitux, also called C-225, treats the most serious type of colon cancer, when it has spread to other parts of the body. Clinical trials showed Erbitux, in combination with chemotherapy, shrank tumors in nearly one-quarter of patients. Yet, oncologists warn, Erbitux is not a cure. 

DR. LEN LICHTENFELD, AMERICAN CANCER SOCIETY: Well, I think it's party that we remember that the benefits of this drug are modest or limited, at most. It's not the magic bullet. It is not the greatest advance in cancer treatment. At best, it has a limited benefit. 

(END VIDEOTAPE) 

CHERNOFF: Sam Waksal, in a letter to CNN last month, claimed: "My drug is everything I said it was and it would not be here were it not for me." ImClone and its partner, Bristol-Myers Squibb, intend to make Erbitux available ready for patients in two weeks -- Aaron. 

BROWN: Allan, thank you very much -- Allan Chernoff, who is in New York tonight. On to another category of drugs and a widening scandal in the world of sports. After an 18-month investigation, a federal grand jury has indicted four men who allegedly operated an illegal drug ring that supplied steroids and other performance-enhancing drugs to athletes. It's the latest twist in a doping scandal that's touched some on pretty big names. Reporting for us tonight, CNN's Josie Burke. 

(BEGIN VIDEOTAPE) 

BURKE: Those indicted include the two top men at the Bay area company, 

BALCO, Victor Conte Jr. and James Valente, track coach Remy Korchemny, and the personal trainer of Barry Bonds, Greg Anderson. No athletes were indicted or identified in court papers. But more than two dozen athletes, including home run king Bonds, did testify before a grand jury leading up to the charges. 

JOHN ASHCROFT, ATTORNEY GENERAL: The use of anabolic steroids in sports is a matter of great concern to the public. And I believe that the integrity of sports will be re-enforced by enforcement actions. I believe there is already a question in the mind of the public. And it's a question which is well founded given the indictment today.

BURKE: And Ashcroft did not rule out the possibility some could be called as witnesses at trial. The attorney general also did not rule out the chance of further indictments. 

ASHCROFT: If, as a result of these facts being made public, we learn additional information which would lead us to act in the defense of our laws and in the defense of our culture against illegal steroids or drug use or the like, we'll take additional activity. We do not want to signal in any way that we are closing the book. 

(END VIDEOTAPE) 

BURKE: The four defendants in this case are expected to make their first court appearance tomorrow morning in San Francisco. And as for the most famous athlete associated with this scandal, well today, Barry Bonds did not have to say much about the events. He did issue a statement where he expressed sadness that his friend and trainer, Greg Anderson, had been indicted. But he went on to say that because he did not know the -- quote -- "state of the evidence," he'd have no further comment -- Aaron. 

BROWN: Just help me out on a point or two. They are charged with selling this, correct? 

BURKE: Selling, distributing, a whole ring starting with Conte, of getting it out there to these athletes all across the sports world. 

BROWN: OK. If they were selling or distributing or getting it out there, someone had to be receiving it. Is it a crime to receive the drug? Or is it just a crime to sell it or distribute it or get it out there otherwise? 

BURKE: Well, it's interesting how you might interpret the law. It is a crime, Aaron, to take prescription drugs without a prescription. And anabolic steroids, by definition, are drugs that are regulated by prescription. So if you are getting them other than through your doctor, that is a crime. It's not what the authorities are focused on right now. Again, they didn't name names in this indictment. They went through all the different counts. They talked about a Major League Baseball player here, an NFL player here, but did not especially signal out those people by name. It will be interesting to see, if this goes to trial, whether any of those unidentified athletes are called as witnesses and we learn who they are and what they said. 

BROWN: Do you know if any athlete was given a grant of immunity to testify before the grand jury? 

BURKE: It's been reported that several athletes at the beginning of their testimony were granted limited immunity, not full immunity. 

BROWN: Got it. Josie, thank you. We'll see where it goes from here -- Josie Burke tonight.Still ahead on the program, John Kerry on the eve of getting another endorsement from a former competitor. In Massachusetts, the legislature continues to grapple with the issue of gay marriage. It is a struggle there. And later, the low-carb revolution and continued questions about whether his own diet led to Dr. Atkins' death. From Atlanta, this is NEWSNIGHT. 

(COMMERCIAL BREAK) 

BROWN: On opposite sides of the country today, the debate over who should be allowed to marry was very much on display. In a direct challenge to California State law, San Francisco City officials began marrying gay couples, even though voters in the state passed a ballot measure in 2000, the year 2000, defining marriage as a union between a man and woman. State lawmakers later approved a domestic partner law that will take effect next year. San Francisco's mayor, who gave the green light to today's gay marriages, contends, California's Constitution outlaws all forms of discrimination, which brings us to the state on the opposite coast and the fierce battle over its constitution. From Massachusetts tonight, here's CNN's David Mattingly. 

(BEGIN VIDEOTAPE) 

MATTINGLY (voice-over): With two failures already under their belts, Massachusetts legislators failed again to agree on a constitutional ban on gay marriages. 

UNIDENTIFIED MALE: Ninety-six in the affirmative, 103 in the negative. The amendment is not adopted. 

MATTINGLY: Long days of passionate debate now clearly taking its toll. 

UNIDENTIFIED MALE: I will not let you get off the hook on the question of marriage. 

CROWD: No discrimination!

MATTINGLY: And there was no escaping the demonstrators shouting as lawmakers as they entered the chamber, these wanting gay marriage to remain legal.

 JARRETT BARRIOS (D), MASSACHUSETTS STATE SENATOR: Because I will lose numerous financial benefits that go along with marriage, my two children are also affected by this. 

MATTINGLY: Freshman Senator Jarrett Barrios, an openly gay legislator, personally appealed for the future protection of his family. 

BARRIOS: When your civil rights are being taken away, you have no choice but to educate, to promote, to advocate with every possible thing you can. At least, that was my decision. And I hope I don't live to regret it. 

MATTINGLY: But through the emotions, the core of the argument remains the same, one side seeing gay marriage as an issue of legal rights, the other as a fight to protect the sanctity of an age-old institution. 

GENEVIEVE WOOD, FAMILY RESEARCH COUNCIL: But, ultimately, I think they are going to give the people a chance to vote on whether or not marriage ought to remain as being that of a union of man and of a woman. 

(END VIDEOTAPE) 

MATTINGLY: About the most obvious sign that any kind of progress is being made is that lawmakers agreed tonight to work past 9:00 and continue debate until midnight -- Aaron. BROWN: David, they've gone through a number of combinations here, all of which include, I think, a ban on gay marriage, civil unions, not civil unions. I guess the question I have is, what's the hangup? What is it they can't ultimately agree on? 

MATTINGLY: Well, they're looking for middle ground. And no one right now really knows exactly what that looks like. There's a great deal of political will behind the idea of banning gay marriages. No one can seem to agree, however, how much protection and how to provide protection to gay couples. And that's where the sticking point is. 

BROWN: And the other thing to note here is, no matter what the legislature does, come May, not that long from now, gay couples in the state of Massachusetts will be allowed to get married, right? 

MATTINGLY: That's right. And the earliest a constitutional amendment could take effect would be 2006. So you have a two-year period where gays will be allowed to marry in Massachusetts. And the question is, what's going to happen to all those marriages? Will those licenses be revoked in the future and what sort of legal problems will that cause for the state in two more years?

BROWN: David, thank you very much. These are complicated waters we're wading through tonight. Thank you. Last night on this program, General Wesley Clark was somewhat noncommittal on whether he would endorse anyone in the race that no longer includes him. Today, he edged closer to an endorsement. Tomorrow, the expectation is, he will lend his name and support to John Kerry. That's the big political news of the day. We emphasize news. Here's CNN's Kelly Wallace. 

(BEGIN VIDEOTAPE)

KELLY WALLACE, CNN WHITE HOUSE CORRESPONDENT (voice-over): In an interview with CNN's Judy Woodruff, the retired four-star general and now former presidential candidate was coy. 

WESLEY CLARK, (D) FMR. PRESIDENTIAL CANDIDATE: Well, I'm looking forward to seeing John tomorrow, Judy. And I'm looking forward to going to Wisconsin. We'll have more to say about what's happening tomorrow. 

WALLACE: A Democratic source says when Wesley Clark throws his support behind John Kerry Friday, he will bring a lot of the southern and military vote along with him. 

UNIDENTIFIED FEMALE: Senator John Edwards! 

WALLACE: But Senator John Edwards is not so sure about that. The North Carolinian rallying in Racine, Wisconsin, predicted before news of the Kerry-Clark pairing that Clark supporters would go to him. 

SEN. JOHN EDWARDS, (D-NC) PRESIDENTIAL CANDIDATE: Now that he's out of the race, I think a lot of voters will be attracted to me, because they know I'm the one person left in this race who has won a tough race in the south. 

WALLACE: Howard Dean, teaming up in Madison, with wife Judy, to try to bring his campaign back to life. His aides downplayed the Clark move, noting that the Kerry campaign has said in the past, that endorsements don't matter when it comes to electability. The former Vermont governor, hoping to end his losing streak appeals to Wisconsin's independent spirit. 

HOWARD DEAN, (D) PRESIDENTIAL CANDIDATE: The media would like to end this candidacy. They claim the contest is over. They say your voice doesn't matter, they say your vote doesn't count. They expect you to rubber stamp the choice of others. You don't have to listen to them. 

WALLACE (on camera): Howard Dean and John Edwards have both said they will stay in this race even if they don't win here on Tuesday. But Dean is now saying this, that if he doesn't win here, he will go home and figure out what to do. Kelly Wallace, CNN, Milwaukee, Wisconsin. 

(END VIDEOTAPE) 

BROWN: Few more items before we go to break, all of them Iraq- related, starting with the knotty questions of elections. A top U.N. envoy met today with Iraq's Grand Ayatollah al- Sistani, who wants Iraqis to vote directly for the government that will take power this summer. The Bush administration says that's too complicated. Early elections will not work. It favors a caucus system. The envoy says he favors election, but stopped short of setting a timetable and directly siding with the ayatollah. The top American commander in Iraq came under fire today. General Abizaid and company were at compound in Fallujah when insurgents targeted them with rocket-propelled grenade. The troops returned fire and the general's party escaped injury. And National Guardsman preparing for deployment in Iraq has instead been arrested. Specialist Ryan Anderson, who serves with the 81st Armored Brigade at Fort Lewis, Washington, near Tacoma, is being held on suspicion of aiding the enemy, specifically, according to the Pentagon, of passing secret information to al Qaeda. Sources are telling us that Specialist Anderson, who is a Muslim, was caught in a sting operation in which he was allegedly trying to contact al Qaeda in an Internet chat room. Coming up next on NEWSNIGHT, Disney under fire, as the top man fights off a takeover attempt, as well as turmoil in his own boardroom. Around the world, this is NEWSNIGHT. 

(COMMERCIAL BREAK) 

BROWN: In the wonderful world of Disney, there always magic in the air. And just as important, there's always money, too, at least there was, enough to paper over a world of infighting and backbiting and sometimes not-so-great investments. For as long as that held true, the CEO at Disney, Michael Eisner, could do little wrong. Now that money is scarcer, the long knives have come out. A giant cable company is at the door. And at an investors meeting today, Mr. Eisner was on the hot seat. Here's Jen Rogers. 

(BEGIN VIDEOTAPE) 

JEN ROGERS, CNN CORRESPONDENT: Like Mickey Mouse, Michael Eisner is an American icon, a celebrity CEO at home and Hollywood and on Wall Street, but in less familiar territory following an unsolicited bid for his company from Comcast. 

MICHAEL EISNER, CEO, DISNEY: We feel that we're running a pretty good company as it is. 

ROGERS: If this is a man under siege, in jeopardy of losing his job, it was hard to tell at a previously scheduled investor conference Thursday. 

PAUL KIM, MEDIA ANALYST: I think Mr. Eisner carried this very well. He was very relaxed, but confident and very articulate. And it showed through, at least the institutional investors, that this is a team that's working well and everything's kind of coming together for the companies. 

ROGERS: And that was the story Disney wanted to sell: The company has never been stronger. Comcast was a punch line. 

EISNER: Acquisitions. Oh, we're buying Comcast. 

(LAUGHTER) 

ROGERS: Eisner critics, who have been sharpening their knives for years, are hardly laughing. But Eisner, the longest serving CEO of a Dow 30 company, told me he's not taking the attacks personally. 

EISNER: When you're up there on that pedestal, you've got to expect people are going to take shots at you. And, at the end of the day, quality family entertainment and performance, put those two things together and all the criticism goes away. ROGERS: Making Comcast go away might be a taller order. Jen Rogers, CNN Financial News, Orlando, Florida. 

(END VIDEOTAPE) 

BROWN: A few other bits of business now, starting with Ted. United's new budget division got going today. Uni-Ted. Get it? United created it to take on the likes of Southwest, JetBlue and Delta's entry, Song.On Capitol Hill, the Fed chairman, Alan Greenspan, once again, he expected employment to grow in the coming months and inflation to remain low, which didn't exactly move the markets, because, in truth, Mr. Greenspan said exactly the same thing yesterday. So investors sold a bit today, after buying big yesterday. Still to come on the program, the Atkins effect, changing the way Americans eat amid controversy over whether it harmed the man who created it. We'll take a break first. From Atlanta, this is NEWSNIGHT. 

(COMMERCIAL BREAK) 

BROWN: Swimmer drives with shark on his leg. Tomorrow night is pizza night for most of the NEWSNIGHT staff and topping night for some. They're the ones, and they know who they are, or perhaps it's should be, we know who we are, picking the pepperoni off the crust, and the cheese and the anchovies, too, anything to avoid a single evil carb. For them and millions more, Dr. Atkins may be gone, but his diet lives on, because, according to a number of studies out now, it does work, which has done little to end the debate over the high-fat, low-carb diet or the man himself. Here's CNN's Adaora Udoji. 

(BEGIN VIDEOTAPE) 

ADAORA UDOJI, CNN CORRESPONDENT (voice-over): Diet guru Dr. Robert Atkins built an estimated $200 million empire selling his famed high-protein, high-fast, low-carbohydrate way to a healthy heart and body. 

UNIDENTIFIED MALE: As long as you cut out the carbohydrate, the weight loss is automatic. 

UDOJI: But the latest controversy about whether he was obese and suffering from heart problems before he died raises questions, say some, about Atkins' credibility and the perceived health of his diet. 

DR. MARC ZIEGAL, NEW YORK UNIVERSITY: It matters whether Atkins was overweight or whether he was a victim of some dietary indiscretion on his own, because people identify with them. He's given authority to what he's doing. He's a cardiologist. He went against the cardiology establishment. 

UDOJI: Analysts say, the revelations may have created confusion for millions embracing the low-carb frenzy, Atkins' influence arguably so strong, it's moved markets. 

PHIL LEMPERT, FOOD INDUSTRY ANALYST: What we find -- and this is according to ACNielsen's home scan panel -- 17 percent of Americans are eating low-carb. They're on a low-carb diet. That's a huge number. We've never seen a number like that before. 

UDOJI: That new ACNielsen survey shows Americans are buying less high-carbohydrate foods, rice, 8 percent less than last year, pasta, down 5 percent. Orange juice slipped 4. At the same time, they're picking up low-carb diet foods, 9 percent more nuts, meat snacks up 8 percent, and sausage up 4. 

JIM GAWLEY, FOOD INSTITUTE: We're seeing that sales of low-carb products at retail were expected to be -- or estimated at $15 billion last year. And they're expected to double this year to $30 billion. 

UDOJI: Trying to gobble up that market, food manufacturers, including Atkins, have launched over 500 new products, everything from low-carb beer to chocolate. 

ZIEGAL: If somebody manages to show that, in some respect, the diet is unhealthy, then that causes a lot of problems financially for the groups that are proponents of it. UDOJI: Analysts say, Dr. Atkins may indeed have started a revolution, but persistent questions may hurt his company's bottom line, not the phenomenon he championed. Adaora Udoji, CNN, New York. 

(END VIDEOTAPE) 

BROWN: More now on the diet and the debate. And, in the interest of full disclosure, let me just say that pepperoni is great without the crust,, but it's not nearly as good as it is with the crust. Barbara Fairchild is the editor in chief of "Bon Appetit" magazine. Nice to have her with us tonight.And I suppose you could look at this and say it's a fad. But if it's a fad, it's a pretty big fad. 

BARBARA FAIRCHILD, EDITOR IN CHIEF, "BON APPETIT": Oh, I think it's gone way beyond fad. It's gone way beyond trend. I think it's a frenzy. 

(LAUGHTER) 

BROWN: Yes. I'm just curious. Have you started to do low-carb recipes and menus in the magazine? 

FAIRCHILD: Well, it's interesting, because, really, there's a lot to pick and choose from in the magazine. And it really is all a matter of choice. There's always been a lot in "Bon Appetit" that's been low-carb.

BROWN: Yes. 

FAIRCHILD: We do a lot of recipes for meat, of course. So you can really stay on the program quite easily. But, I think the bottom line here is that the main thing is portion control and enjoying life and the pleasures of the table, instead of just worrying about downing two pounds of steak. 

BROWN: Well, that's the problem, isn't it? For foodies and the rest, a world without fresh baked bread is hardly worth living in. 

FAIRCHILD: That's really what's missing here, Aaron. You've really hit it on the head.I think it's very ironic that, at a time in the U.S. where we have so many delicious artisanal breads that are available all over the country, that people are shunning carbohydrates and also not picking and choosing among the so-called good carbs vs. the bad carbs. That's a whole subgenre of this whole debate. And I think a lot of companies are suffering because of it. 

BROWN: It does work, though. 

FAIRCHILD: It works. It works for some people. It's like anything, really. Weight Watchers works for a lot of people. It just really depends upon your mind-set, too, at the time that you start. 

BROWN: But without -- you know, I'm not going to be an endorser of this, believe me. I'm not even close to at weight. But there's something quite wonderful about knowing that the worst thing you did today was ate a four-pound steak. 

FAIRCHILD: Well, it's certainly easy to stay on. 

BROWN: Yes. 

FAIRCHILD: Because these foods have always been a part of the American diet. And they're certainly very, very available. It's funny.One of my staff went on the diet for three days. And she came into my office and she said, you know, it's the first diet I've ever been on where I craved a peach. So I thought that said a lot. 

(LAUGHTER) 

BROWN: That's true, though, in a way. There's a lot about it that is counter intuitive, the notion that fresh fruit is not good for you, the notion, honestly, that bread isn't good for you. I mean

(CROSSTALK) 

FAIRCHILD: Right, or the wonderful vegetables that you can get today. The other parallel thing that's happening in this country is rise once again of excellent farmers markets all over the country. And most of that is fruits and vegetables and herbs and wonderful things that you can do to give yourself a healthy lifestyle, enjoy -- again, enjoying the pleasures of the table, which is I think something that's really missing here. Once we start talking about like the glycemic index and all that kind of thing, I feel as if we're going to be sitting around at the table, not talking about what we did today, but counting everything that's going into our mouths. That's no fun. 

BROWN: Oh, I think we've reached that point. Here's my true-life solution to this, is that, every now and then, a couple times a year, for two, three weeks, you go on this diet and you lose eight pounds or 10 pounds or whatever, and then you go back and serve up some rice. 

FAIRCHILD: And, indeed, a lot of people are doing it that way. And I think that's probably the way to do it, instead of over the long term. Let's put it this way. The day after tomorrow is Valentine's Day. I don't want a pound of bacon as my gift. 

BROWN: Oh, really? 

(LAUGHTER) 

BROWN: You know, it's interesting, because that was your parting gift from the program tonight. 

(LAUGHTER) 

FAIRCHILD: Oh, thank you. That's what that is over there. OK, great. 

BROWN: Yes, and some really cheap ground beef. 

FAIRCHILD: Thank you. And a dozen eggs. 

(LAUGHTER) 

BROWN: You're a tough guest. All right, well, somebody find her some chocolate and move it along.Nice to have you with us. Come back again and talk about other more interesting sort of food things. 

FAIRCHILD: OK. Thanks. 

BROWN: Food trends and the like, rather than just meat. Thank you much. 

FAIRCHILD: Great.

BROWN: Nice to meet you, too. Ahead on NEWSNIGHT, well, is this a NEWSNIGHT first? I think this probably is for us. We're going to take a gander, if you will, at celebrity gossip, yes, the sordid details of the breakup of Barbie and Ken. We'll take a break first. We'll get you ready. This is NEWSNIGHT. 

(COMMERCIAL BREAK) 

BROWN: Well, we personally think the timing was insensitive or at best ill-considered. Really, Valentine's Day is just two days away. But then maybe it's better this way, a clean break, instead of going through the motions once again, smiling that same frozen smile that, it turns out, hid so much from the world. Today, we learned, the ultimate couple, the one we thought would never part, was calling it quits. Kaput. We knew they were plastic, really plastic, nowhere close to biodegradable. Their love, it seems, was. Here's CNN's Jeanne Moos. 

(BEGIN VIDEOTAPE) 

JEANNE MOOS, CNN CORRESPONDENT (voice-over): First Ben and Jen. Now Barbie and Ken? Their dancing days are over after 43 years of romantic walks and frolicking on the beach. Mattel made it official. 

UNIDENTIFIED FEMALE: The flame of romance has gone out. 

MOOS: At a jampacked press conference, they played the commercial that brought Barbie and Ken together back in 1961. 

ANNOUNCER: It could lead to this. MOOS: Instead, it led to this. 

UNIDENTIFIED FEMALE: She dumped him. He didn't dump her. 

MOOS: Any truth to rumors about Ken's sexual orientation? 

UNIDENTIFIED MALE: I can speak to that. I've been with Ken for ten years. Stop fronting, Ken. It is nice to have you home. You're a liar. I'm straight as an arrow. 

MOOS: Jokester reporters aside, Mattel said last year was a challenging one for Barbie sales. Toy analysts describe the break-up as an effort to revitalize the brand. 

UNIDENTIFIED FEMALE: Maybe Barbie will get a new boyfriend. 

MOOS: Maybe. Ken's replacement is expected in the fall. 

UNIDENTIFIED MALE: I've heard rumors and I think his name is Blaine. 

MOOS: As for poor Ken... 

UNIDENTIFIED FEMALE: He's not being disappeared, he's just simply not going to have the word boyfriend associated with him. MOOS: A new Barbie was unveiled waving goodbye to Ken. Barbie will be tossing out Ken's photos. As for who gets to keep Barbie's dream house? No question it is Barbie which leaves girls debating where to put him Ken. 

UNIDENTIFIED FEMALE: I may put my dog... 

MOOS: It is a dog eat dog world. Jeanne Moos, CNN, New York. 

(END VIDEOTAPE) 

BROWN: Morning papers next. 

(COMMERCIAL BREAK) 

(ROOSTER CROWING) 

BROWN: The rooster has a Southern drawl when we do the program from Atlanta, doesn't it? It doesn't? Time to check morning papers from around the country and around the world, or, in this case, around the country and a couple stops in Asia. Now, you think you know, don't you, what lead in "The Korea Herald" is, because what was the big story of the day, not just in Korea, everywhere, right? You're wrong. The big story in "The Korea Herald," "Samsung Gave GNP" -- GNP in this case is a political party -- "Another $17 Billion" something. Won, maybe? "Prosecution Expanding Probe of Main Opposition Party Campaign Funds." That's the lead. Down in the middle of the page -- if you can go down there. I'm not sure you can. "Korean Clone Human Embryos For Stem Cells." So it certainly makes the front page, but it's not the dominant story on the front page of "The Korea Herald." 

"The China Daily." That would be the newspaper -- or a newspaper -- it wouldn't be the newspaper -- in Taiwan, because it's in English, thank goodness. "Drug Trafficking on the Rise: 72 Percent of Users Under 35" is the headline. "Ministry's 2004 focus including curbing production of heroin and ice." All right, that's a quick tour of Asia. We move now -- so, you see, we'll working our way back east. We'll stoop at "The Oregonian," the newspaper in Portland, Oregon, though they probably want you to say the newspaper of Oregon. 

They call it "The Oregonian," after all. And they play cloning very hard. "Cloning Find Revives Debate. Implications of First Cloned Human Embryos Are Far-reaching and Hotly Contested." They certainly did a nice kind of graphic layout of all of this on the front page of "The Oregonian." They also all put the steroid story. "Steroid Charges Nets Bonds'" -- that's Barry Bonds -- "Trainer." Front page of "The Oregonian."

"The Miami Herald" -- how much time, Terry (ph)? Thank you. "Miami Meets the Beatles" is the headline. That's the story, at least, that caught my eye, that great picture of the Fab Four. I don't think I have ever said the Fab Four, but the Fab Four frolicking -- I don't think I've ever said frolicking -- in the Atlantic on their tour of Florida, tour of the states 40 years ago. Don't you feel old? I do. 

"The Philadelphia Inquirer." Nothing amusing about this, my friends. "Starvation Report Blames New Jersey. Unheeded Advice. Boys' Health Problems Were Voted, Yet Adoptions Proceeded." You might remember this story. We did it a couple nights about these young children who were starved. What was that about, my friends? 

"The Washington Times" leads with Washington, coincidentally. "Greenspan Backs Bush Tax Cuts" is the lead there. One paper from Detroit tonight. Why don't we do that? It' a local story. "School Funding Fight Looms. Granholm" -- that's the governor of the state of Michigan" -- "Budgets Restore Cuts to Poor School Districts." That makes sense to me.

"Chicago Sun-Times." "Army G.I. Tried to Help al Qaeda" is the headline." "National Guardsman Accused of Offering Tips to the Terrorist Network." Man. Look, if people behaved, I'd be out of work.The weather tomorrow is "heat wave," 34 degrees in -- that thing came with me to Atlanta. We'll wrap up the day in a moment. 

(COMMERCIAL BREAK) 

BROWN: A quick recap of our top story before we say good night.The first published report of human cloning. South Korean and American researchers say they have cloned a human embryo, not for reproduction, but to make stem cells. Many believe stem cells hold the possibility for treating a number of ugly diseases, including Parkinson's and diabetes. But some worry that this sort of research also opens a Pandora's box, if you will. Tomorrow on NEWSNIGHT, she's unique, truly unique, the only woman referee in major sport -- well, a major men's sport, at least. We'll meet Violet Palmer, see how she keeps NBA players in their place. That's tomorrow on NEWSNIGHT, 10:00 Eastern time. Before we go, Bill Hemmer with a look at what's coming up tomorrow on "AMERICAN MORNING." 

(BEGIN VIDEO CLIP) 

BILL HEMMER, CNN ANCHOR: Aaron, thank you. Tomorrow morning here on "AMERICAN MORNING," some of the most serious accusations made regarding the president's air National Guard service, accusations the White House calls outrageous. We'll talk to a retired member of the Texas Guard. He says he heard officers talking about embarrassing information in the president's file. Also says later, he saw some of his records in the trash. What does he know today and can he prove any of it? We'll check it out tomorrow morning here on "AMERICAN MORNING," 7:00 a.m. Eastern time. Hope to see you then -- Aaron. 

(END VIDEO CLIP) 

BROWN: Thank you. "LOU DOBBS TONIGHT" next for most of you.We'll see you tomorrow from New York, weather willing, 10:00 Eastern time. Good night for all of us.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.comWay Americans Eat?>

Wednesday, February 11, 2004

Congress Debates Decency Of Media; Wesley Clark Drops Out Of Presidential Race; Bush Calls For International Community To Crack Down On WMD Proliferation

Congress Debates Decency Of Media; Wesley Clark Drops Out Of Presidential Race; Bush Calls For International Community To Crack Down On WMD Proliferation

Aired February 11, 2004 - 22:00 ET

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

AARON BROWN, CNN ANCHOR: Good evening again everyone.At the risk of causing myself a lot of trouble, it seems to me the only thing worse than the Super Bowl Halftime Show is Congress getting involved in the Super Bowl Halftime Show, which it did today.Believe me it is not that I thought the halftime show was some wonderful expression of American values. I thought the whole thing, including the clothes ripping, was pretty tasteless and offensive. It's just that my Libertarian side believe the marketplace will handle it all just fine.TV is the most democratic business in the world. You all vote hundreds of times a day with your remote controls and I trust you and your remotes, at least I trust you a lot more than I trust the members of Congress in an election year.Not surprisingly, Congress did not ask for my advice on this, so we begin with Congress an indecency in the media.CNN's Elaine Quijano starts us off with a headline.

ELAINE QUIJANO, CNN CORRESPONDENT: Aaron, lawmakers held two hearings today on the timely topic of broadcast decency rules and enforcement. They all agree the Janet Jackson display was offensive but what's not clear is how far officials should go to punish or prevent such incidents.

BROWN: Elaine, thank you. We'll get to you at the top tonight.The president took up the question of keeping nuclear weapons away from the bad guys. CNN's Suzanne Malveaux with the duty this evening, a headline from you Suzanne.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well, President Bush once again is calling on the international community to cooperate, to help, this time to crack down on the spread of weapons of mass destruction. The question here is are those countries that are still smarting over the Iraq War will they cooperate this time?BROWN: Suzanne, thank you.Lawmakers in Massachusetts battling over gay marriage, CNN's David Mattingly on Beacon Hill tonight, David your headline. 

DAVID MATTINGLY, CNN CORRESPONDENT: Aaron, a State Supreme Court in Massachusetts says yes to gay marriages and now the state legislature looks for a way to say no with a constitutional amendment -- Aaron.

BROWN: David, thank you.And finally, Wisconsin, where the Democratic field will be smaller come the next primary. CNN's Kelly Wallace there for us tonight, Kelly a headline.

KELLY WALLACE, CNN NATIONAL CORRESPONDENT: Aaron, smaller because Wesley Clark is getting out. Howard Dean and John Edwards are staying in but John Kerry remains the man to beat, a new poll showing him leading by more than 30 points here -- Aaron.BROWN: Kelly, thank you. We'll get back to you and the rest shortly.Also coming up we'll talk with General Wesley Clark live later in this hour.Also on the program tonight a huge takeover offer for the Disney Company. A cable giant tries to move into content, as we say in the business.We'll have a really cool look at the Beatles' arrival on the American scene 40 years ago. These are the pictures Larry was talking about, taken through the eyes of a photographer who recorded it. It's very cool stuff.And what would Wednesday be like without a heaping helping of Thursday morning's papers to send you to bed with. Well, all that and more in the hour ahead. You probably could think of something better than that.We begin with the Super Bowl, television, decency, politics and a flashback, if you will. Forty-two years ago when FCC Commissioner Newton Minnow called the medium a vast wasteland, he was talking about television then, "Bonanza," "The Flintstones," "Mr. Ed." The first Super Bowl was six years off and Janet Jackson wasn't even a twinkle in her future agent's eye.Forty-two years later television is either just as good or just as awful as its always been but it remains on the books, at least, a public trust. Networks in theory still answer to the FCC and both answer to Congress. Politics still apply. The culture war rages on.Here's CNN's Elaine Quijano.

(BEGIN VIDEOTAPE)

QUIJANO (voice-over): A week and a half after the revealing Super Bowl Halftime Show aired on national TV, lawmakers sent broadcasters a clear message of their own. 

REP. HEATHER WILSON (R), NEW MEXICO: You knew what you were doing. You knew what kind of entertainment you're selling and you wanted us all to be abuzz here in this room and on the playground in my kid's school because it improves your ratings. It improves your market share and it lines your pockets.

QUIJANO: But at that House hearing, the head of Viacom, CBS' parent company, said he didn't know what was going to happen.

MEL KARMAZIN, PRESIDENT AND CEO, VIACOM: Everyone at Viacom and everyone at CBS and everyone at MTV was shocked and appalled and embarrassed.

QUIJANO: He, along with NFL Commissioner Paul Tagliabue apologized. But at a Senate committee hearing, lawmakers said the Janet Jackson episode was not isolated.

SEN. FRANK LAUTENBERG (D), NEW JERSEY: During the Super Bowl, we were bombarded with ads featuring flatulent horses, crotch-biting dogs, a monkey making sexual advances to a woman.

QUIJANO: Senators also grilled members of the Federal Communications Commission. The FCC chairman promised tougher action but said others should take part in policing content.

MICHAEL POWELL, FCC CHAIRMAN: The time has come for the commission, the Congress and the industry and the public, as Senator Graham said, to take the necessary steps to prevent allowing the worst of television and all that it has to offer from reaching unsuspecting children.

QUIJANO: Concerns over broadcast decency rules have already prompted the networks to take action. NBC edited out a shot of an elderly woman's breast on the medical drama "ER" and ABC announced it might be editing two versions of its hit police show "NYPD Blue" to include one with less sexual content but some warn those measures could go too far.

JEROME BARRON, GEORGE WASHINGTON UNIVERSITY: I think what we have to be careful is that we don't draw the line so that it cuts too deeply into First Amendment freedom.

(END VIDEOTAPE)

QUIJANO: Now, lawmakers are considering a House bill to increase the fine for indecency violations from $27,500 to $275,000 per violation and they could go further with some suggesting revoking licenses and having broadcasters forfeit advertising profits. But it's important to note that none of those fines would impact cable networks like MTV, which regularly air suggestive content -- Aaron.BROWN: Elaine, thank you. Thank you.So, a morality play or Washington's longest running farce? James Poniewozik writes about culture, politics, the business of television for "Time" magazine and we're pleased he's with us tonight. So what do you make of all this? It's an election year. Are you that cynical or is there more to it than that?

JAMES PONIEWOZIK, MEDIA CRITIC, "TIME" MAGAZINE: There's something more to it than that. I mean it's not as though the political powers that be could have caused Janet Jackson's breast to pop out at the Super Bowl and, you know, therefore there were extraneous events that were driving this.But, obviously you know the FCC pressures were in the works. The hearings were in the works. Certainly, you know, there are interests on all sides that, you know, have some hay to make in election years by getting us all really afraid of that evil box in our living room or wherever else.

BROWN: Look, there is a perception, I don't think it's absolutely untrue that the society itself is in all sorts of places is simply too coarse, has gotten too coarse in the way we talk to one another, in the movies we see, the television we watch, all of that. Is that an area the government ought to regulate?

PONIEWOZIK: Well, I mean you hit on an interesting thing which is that there are actually two conversations that you can be having here. One, what sort of culture should we be living in? What sort of culture do we want our kids growing up in and so forth? And you can have a lot of interesting discussions about that.The other question is, is there one standard of that that any government body should be enforcing and do we want John McCain, Dianne Feinstein, whoever it is, determining what that is for us?I mean, you know, we are not only intelligent we're in a 500 channel universe but, you know, we're sort of in a 500 channel culture. I mean it's kind of hard to say what is the community standard on anything in a time when, you know, even the biggest broadcasters only serve a minority at any given time.

BROWN: But in terms of this conversation or, at least in what the Congress was dealing with today, we're really not in a universe of 500 channels. We're in a universe of four channels, aren't we? And we're really talking about the broadcast networks because clearly...

PONIEWOZIK: Six or seven depending on how you define them, yes. Yes.

BROWN: I'm sorry. To those I didn't mention, I apologize. Cable clearly is a different universe and that in an odd way is part of the broadcast network's problem.

PONIEWOZIK: It's the broadcast networks' major problem. It's their first, second and third problem which is that, you know, whatever ratings problems they have are exacerbated by the fact that people can go to cable, that in fact people choose to go to cable. You used to have in broadcasting something called least objectionable programming.

BROWN: Yes.

PONIEWOZIK: The idea that, you know, as a broadcaster, one of the big three, you want to give people as few reasons as possible to change the channel and so you would try to put the thing on that offends as few people as possible.Well now, if you do that, you have a lot of people who want most objectionable programming who are going to go off to MTV or, you know, VH1 or whatever other option out there if you don't give that to them and there just, there isn't this big wide 

(UNINTELLIGIBLE) down the middle that you can pitch to anymore.And, in a sense, you know, what we saw disastrously at the Super Bowl was, you know, CBS, Viacom sort of trying to bring the edge to the mainstream and one of the few remaining big mainstream broadcasting events and it all sort of blew up.

BROWN: It sure did that. It sure did that. There was a piece in the "New York Times" I think a couple of years ago about broadcast programmers desperately trying to figure out how they could take a "Soprano's" like program or "Sex in the City" like program and put it on their network and they can't.

PONIEWOZIK: Yes.

BROWN: And it's killing them.

PONIEWOZIK: It's almost a contradiction in terms because what, you know, makes "Soprano's," "Sex in the City," whatever it is what it is, is in part because those, HBO for instance, is able to do what it does by getting a relatively small number of people, a few million, whatever, so interested in a particular show that they will pay to watch it.But, you know, if you're ABC you're still in the business of trying to get 15, 20 million people to, you know, kind of like something enough not to change the channel and the thing is something like "Sex in the City," "The Soprano's" is going to turn a lot of people off and, again, you know, bringing MTV to the Super Bowl halftime was just that large.

BROWN: Well, I don't think they'll be back next year. That's my guess.

PONIEWOZIK: I'm not going to count anything out.

BROWN: Well, that's true. It's television. We shouldn't guess. Nice to meet you, thank you.

PONIEWOZIK: Oh, thank you.

BROWN: Thanks for coming in.On to proliferation of an all together different sort, we would say, weapons of mass destruction. The president, who has been on the defensive some of late about WMDs yet to be found in Iraq, went on the offensive today. In a speech in Washington he delivered the equivalent of a dressing down Congress gave the FCC.Reporting the story from the White House, CNN's Suzanne Malveaux.

(BEGIN VIDEOTAPE)

MALVEAUX (voice-over): President Bush is calling for the world to crack down on the spread of weapons of mass destruction.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: We and our friends are determined to protect our people and the world from proliferation.

MALVEAUX: Mr. Bush introduced new proposals to stop the spread of weapons, including focusing on the black market, adopting stricter interdiction protocols and giving greater responsibilities to the U.N.'s nuclear watchdog group.Mr. Bush says current international treaties have failed to stop the spread of nuclear weapons. Example, the father of Pakistan's nuclear bomb, AQ Khan, was able to sell nuclear secrets to Iran, Libya, North Korea through a global black market network.Though Mr. Bush praised U.S. intelligence, European allies and Pakistan's leader Pervez Musharraf for recently bringing Dr. Khan down, he had a warning for countries not so cooperative.

BUSH: Continuing to seek those weapons will not bring security or international prestige but only political isolation, economic hardship and other unwelcome consequences.

MALVEAUX: Mr. Bush commended Libya for agreeing to give up its weapons program, pressed Iran to cooperate with more stringent inspections, and he called on North Korea to continue talks to abandon its nuclear ambitions. One nuclear expert says raising the profile of weapons proliferation may encourage countries to cooperate.

DAVID ALBRIGHT, PRESIDENT, INSTITUTE FOR SCIENCE AND INTERNATIONAL SECURITY: WE could end up with a much better nonproliferation regime with stronger treaties, stronger agreements, more political commitment by countries to make the world safer against the spread of nuclear weapons.

(END VIDEOTAPE)

MALVEAUX: The announcement doesn't come in a vacuum. Mr. Bush is eager to portray himself as a war time president with bold vision during this election year, the White House saying that they of course are building on the cooperation they've gotten from countries regarding WMD -- Aaron.BROWN: How does this all translate ultimately into policy, international policy or national policy? It needs to be both.

MALVEAUX: Well, it certainly is going to be difficult to convince some of these countries to actually cooperate. You have the situation with Russia. It has always been providing nuclear technology to Iran. That is something that really is going to have to be worked out diplomatically with this administration.You also have the case of Israel as well. There will be questions coming from other countries, from Arab nations, saying well why don't you have an open policy when it comes to the nuclear weapons in Israel?These are the type of things that diplomatically the administration is going to have to work out. They are also going to have to work with the international community, the IAEA, in trying to strengthen some of those protocols when it comes to proliferation of weapons of mass destruction. There's a lot of work that's involved here.

BROWN: Suzanne, thank you, Suzanne Malveaux at the White House tonight.Iraq next and the central fact of life there, helping Americans is just about as dangerous as being an American. In the space of two days at least 100 Iraqis have lost their lives in a pair of suicide bombings. The latest came outside an army recruiting center in Baghdad today. Forty-seven people died. An American commander called it part of a pattern that is expected to worsen as the date approaches to hand over sovereignty to an Iraqi government.Hamas is calling for more suicide bombings in Israel, retaliation a spokesman says for a pair of Israeli raids today in Gaza. At least 15 Palestinians died in the operations, including a senior member of the military wing of Hamas. Eight of the 12 people killed in one of the raids were civilians, according to Palestinian sources. An Israeli commander says all of them were armed.Ahead on NEWSNIGHT, Massachusetts takes up the issue of gay marriage. Can the legislature fashion a compromise that satisfies both sides? We'll talk about that with Andrew Sullivan in a minute.And later, a magical mystery tour with the Beatles through the eyes of the photographers who were with them as they came to America 40 years ago, we take a break first.From New York this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: In the Massachusetts State House today, an amendment restricting marriage to straight couples vaulted to the top of an agenda planned months ago. It was originally eighth on the list of issues for consideration at the session but that was before the State Supreme Court ruled last week that Massachusetts must allow gay marriages by this coming May.Another measure of the intensity of the debate the crowds. Outside and inside the State House, thousands of people standing shoulder-to-shoulder in many cases right next to their ideological enemies. Reporting for us tonight, CNN's David Mattingly.

(BEGIN VIDEOTAPE)

MATTINGLY (voice-over): Shouting in the streets, shouting in the hallways, it all adds up to one pressure-filled day for Massachusetts legislators as they try to craft a constitutional amendment banning same-sex marriage.

DAVID FLYNN (D), MASSACHUSETTS STATE REPRESENTATIVE: It's a gut wrench. It's a gut test. I've had over 4,000 e-mails on this subject matter.

MATTINGLY: After Senators followed an escort in ceremonial top hat into the House chamber, lawmakers immediately launched into a variety of amendments providing civil union protection for same-sex couples but prohibiting marriage, defining it between one man and one woman.

HARRIETTE CHANDLER (D), MASSACHUSETTS STATE SENATOR: I urge my colleagues to stand with me against discrimination today and to oppose this effort to amend our constitution.

MATTINGLY: Supporters, however, seem to be listening closely to the chant of people demanding a public vote, people angry over last week's ruling of the State Supreme Court making gay marriage legal in Massachusetts beginning in May.

BRIAN LEES (R), MASSACHUSETTS SENATE MAJORITY LEADER: All we are asking, I believe the people in the hall, the people that have written letters and others that have written say they would like to give the people a chance to vote. We are doing that.

MATTINGLY: But any proposed amendment to the State Constitution approved here would not appear on the ballot until late 2006 giving gay couples two years to marry legally and to continue to plead their case to voters.

UNIDENTIFIED FEMALE: It's a basic human right to marry. It's about love. We're all living in the same state and the same country. We should have the absolute equal rights.

(END VIDEOTAPE)

MATTINGLY: If the amendment eventually passes, all those marriages it's feared could be in jeopardy. There is one proposal before the legislature, however, that would simply reclassify those marriages later as civil unions -- Aaron.

BROWN: The amendment as it is being talked about, I just want to be clear here, allows for civil unions in the way that Vermont does but not marriage, that word.

MATTINGLY: That's correct. They are staying away from the marriage word. They are offering equal protection under the law as a civil union. But critics of that say that a civil union is a separate system from a marriage and therefore is not equal the same thing that the court said when it allowed for gay marriages.

BROWN: David, thank you very much, David Mattingly in Boston tonight.Faith, politics, sexuality all converging into the culture war. Andrew Sullivan is the senior editor of "The New Republic," a "Time" magazine columnist as well, who also edited the book "Same Sex Marriage pro and con, a Reader." He has thought and written a lot about all of this. We are pleased to see him with us tonight, good to have you.I guess I'm a practical person in a moment that isn't suited for a practical person. Why not accept the idea of a civil union as a step forward, as the best you can get in the political climate that exists now and not move on but just fight on another day?

ANDREW SULLIVAN, SENIOR EDITOR, "THE NEW REPUBLIC": Well, because the suits have been filed and the courts have already ruled. You can't stop couples who want to have equal rights from going to courts to seek redress. No one put them up to it. They did so.The gay rights movement like 15 years ago told them not to but people do. They belong to families. They have loved ones. They've lived together their entire lives. They ask themselves a simple question. Why are we not equal? Why do we have to be put into this separate category and called civil union? Why can't we just have what our brothers and sisters have and our mothers and fathers have?I mean people think that gay people belong in this other category outside of families but we were all born into families and we just want to have the same rights as our brothers and sisters.

BROWN: You make an argument that marriage, the word, not some other word, not civil union, not anything else but marriage is essential to the gay community I guess coming home, as you wrote about it, but also to the straight community understanding the issue.

SULLIVAN: Yes it is about the same thing, you know. I don't like this term gay marriage. It's marriage, marriage for all of us, two people. And right now, gay people have no options. Conservatives criticize gay people for being promiscuous and then they criticize gay people for having marriages and couples. What are we supposed to do? Where do we belong in the society?I would say look ask yourself if you are heterosexual what if someone said your marriage is up for grabs. We're not going to call you married anymore. You're not going to have the right to have your own children. You're not going to have the right to share a home and income and be treated by the government like any body else.I think most heterosexuals have never even thought for a second they didn't have that right. I also think that for gay people to be really fully part of this society, to be treated fully and equally to take on the same responsibilities you need that word.It's a very conservative thing, Aaron, that's the great paradox here. We're arguing for the same conservative values of family and responsibility and monogamy that everybody else is. Somehow now we're not supposed to have that.

BROWN: It's seen as beyond liberal even and it's clearly being set up, I don't mean this in the pejorative, I'm just trying to report it, it seems like it's being set up to be a, fair or not, an important political issue for the next nine months.

SULLIVAN: Yes.

BROWN: The president seems ready to sign onto a Constitutional amendment.

SULLIVAN: Yes. He wants to go to the extreme measure of actually not even allowing Massachusetts to make up its own mind or the states to decide but actually pass a federal amendment that would ban not just gay marriage but also civil unions and domestic partnerships. That's what's now on the table.But look you can't wait for civil rights. You know there was a great book written by Martin Luther King, Jr. "Why we Can't Wait" and I think the notion of equality, once you felt it inside, once you believed it for yourself, cannot be denied and we cannot wait because we are equal human beings and equal citizens and that's the bottom line.I think that -- I think that this conflict is an awful wrenching conflict for everybody and I feel terrible that we have so much raw emotion on both sides when it's really about welcoming people into the same family and into the same society.And, I can't apologize for standing up for equality. What else can I do? I can't -- I can't say we all want to be second class citizens. If you like that, that will be fine. 

BROWN: Yes.

SULLIVAN: Of course you can't. So we have this conflict and I think it was going to happen. It is happening and we just have to make our case as clearly and as fairly and as compassionately as we can.

BROWN: Just as quickly as you can do you think that the country is listening to this?

SULLIVAN: Oh, yes.

BROWN: OK.

SULLIVAN: I'm amazed by how really positive and constructive people are. They want to hear the arguments. They want to make up their minds. They don't want to be reduced to pure emotion.You know when they ruled interracial marriage a constitutional right the polls against it were far higher then than they are now about same-sex marriage, so I believe in this country and I believe in debate and I think we will move forward constructively without too much ranker.BROWN: It is, as always, good to see you. I hope you'll come back to talk about this and a whole host of other things that you think about and write about very well.

SULLIVAN: Thank you so much, Aaron. I'm grateful to be here.

BROWN: Thank you, Andrew Sullivan with us tonight.Coming up on NEWSNIGHT, one less candidate in the field. We'll talk with the man who called it quits today, Wesley Clark, who was with us the day he announced, will be with us tonight as well.Around the world, this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: Right near the top of the program last night we watched as retired General Wesley Clark made what for all the world sounded like a farewell address ending his presidential campaign. It was in everything but the actual farewell, which came today. We're shaping yet again the Democratic primary race.Here's CNN's Kelly Wallace.

(BEGIN VIDETAPE)

WALLACE (voice-over): And now there are five. The retired general brings his first political race to a close.

WESLEY CLARK (D), PRESIDENTIAL CANDIDATE: So, this is the end of the campaign for the presidency and it's not the end of the cause.WALLACE: And it's not the end of the race. That's the message from John Kerry's remaining opponents, including Howard Dean. Now, 0- 14, Dean goes on the attack in Milwaukee after reports that a Kerry supporter, former Senator Robert Torricelli, contributed $50,000 to a secret group that ran these controversial anti-Dean ads last year.

ANNOUNCER: And Howard Dean just cannot compete.

HOWARD DEAN (D), PRESIDENTIAL CANDIDATE: This is the kind of thing that's gone on in the Republican Party before. I'm sorry to see Senator Kerry introduce those techniques to the Democratic Party.

WALLACE: A Kerry spokesman said the Senator was not aware of Torricelli's involvement with the group and called Dean's attack "another day, another Dean act of divisive desperation."John Edwards, also in Wisconsin, says there has been no pressure from Democrats for him to get out of the race. He sticks with his positive, playing up his southern roots message, even though Kerry beat him handily in his own backyard. 

SEN. JOHN EDWARDS, (D) PRESIDENTIAL CANDIDATE: This is a guy that can beat George Bush every place in America, in the north, in the west, in the Midwest and talking like this in the south. 

WALLACE: A sign of the front-runner's confidence, after Tuesday's big wins, he took the day off to work the phones and get rid of a cold.

 (END VIDEOTAPE) 

WALLACE: And John Kerry will be here in Wisconsin on Friday. The last time, though, he campaigned here was June of last year. That does not appear to be affecting his standing, though, because, according to one of the most recent polls, John Kerry is leading by more than 30 points -- Aaron. BROWN: Is he running ads there, just not showing up? Is he running ads, though? 

WALLACE: You know, that's a very good question. I believe he is, although I'm not 100 percent sure. I believe he is. John Edwards, though, we do see him running ads, contrasting his position on North American Free Trade Agreement with John Kerry's.

BROWN: Kelly, with the amount of traveling you've been doing lately, we're just pleased you know which state and what city you are in. Thank you. 

WALLACE: I barely know which state we are in, that's right. 

(LAUGHTER) 

BROWN: Bring me home a bratwurst from Milwaukee. Thank you very much. 

WALLACE: OK.

BROWN: It's tough business, politics is. At the end of a long and difficult day, there are people like me waiting to ask questions you would rather not respond to.Mindful of that, we're especially pleased that General Wes Clark could join us tonight. General, good to see you.Not an easy day, I assume. But I said to you just off the air, this is not the kind of interview I like to do. And you said what? 

WESLEY CLARK (D), FORMER PRESIDENTIAL CANDIDATE: I said, why not? I mean, listen, I've been thrilled to be in this race. I'm not a politician. I never planned to do this. A lot of people came to me and said, you've got to do this for the good of the country. And we put together, I think, a really great campaign. And it was up to the voters. I raised my hand. You know, I volunteered to serve. They looked at me and they said, you know, we want somebody who was in Iowa and somebody who has done something else. That's fine. But we think we made a real impact on the race. 

BROWN: Are you done with politics? 

CLARK: I have no idea.But I'll tell you what, I'm not done with the idea of changing the way the country is headed. We've been going the wrong direction, Aaron, abroad and at home. This is the end of an era. It is the end of the era when patriotic Americans could say, why, if it weren't for those lawyers and all those striped-pants diplomats, we'd let our boys loose on them. We'd teach...

BROWN: Yes. 

CLARK: That's over. You can see what's happening in Iraq. It's also the end of the era when people could say, well, just give those wealthy people tax cuts and they will make jobs for the rest of us. It's not happening. And I know Alan Greenspan's comments today are optimistic. But, listen, Alan Greenspan's comments were optimistic last year and the year before. Every year, they promise us two million more jobs.Last year, we had a net negative minus-53,000 jobs last year. People are hurting in America. And tax cuts for the wealthy wasn't the solution. 

BROWN: Would you be interested in being a vice president? CLARK: Oh, I don't know. That's a long way ahead. Right now (CROSSTALK) BROWN: It's not that long ahead, General. 

(CROSSTALK) 

CLARK: Well, right now, what I'm doing is, I'm thinking about all the issues and I'm just, you know, trying to get everything set here. I've got to get back into business. I don't have an office. I gave up all my business to go into this race. And so we're going to do that and look at what the future holds. I'm really excited about it. I'm really proud of all the people that supported me. And we're still going to talk about the issues as much as I can. 

BROWN: Are you going to endorse somebody? 

CLARK: I'm certainly considering it. 

BROWN: Do you have a timetable? 

CLARK: Not really, no. 

BROWN: Let's talk about -- I want to step back from all this, because, I think as regular viewers of the program know, we spent a lot of time together and we talked about this, whether you should run and how it would go, a lot before you got in. Did it surprise you how tough a business it is? 

CLARK: No, not really. I mean, it's about what I expected. 

BROWN: Anything about it surprise you? 

CLARK: Lost my voice physically. I never had talked that much. And it was difficult. And I got sick because of losing the voice and shaking hands with a lot of people and talking real close to people. I got sick about a month into the race and I was down for five days. 

BROWN: Yes. What did you learn about yourself? 

CLARK: Well, it was about what I knew. You have got to take a big-picture view of these things. You have got to have your ideas. You have got to have the courage to speak out. You've got to listen to the person who's asking the question. You've got to give them an answer they can understand. And you've got to harmonize disharmonious voices from all around. And that's what we did in the campaign. We put together a draft movement, a bunch of professional political activists and campaign workers and a bunch of my family friends that came down.And, you know, we did something that had never been done before. We started with no money, no staff, no political experience, no position papers. And we were up and running in two days. And people said it couldn't be done. Well, we won a state. We got third -- or second in three other states. I think we did really, really well. And there was nothing whatsoever wrong with the campaign. 

BROWN: When you -- well, let me work on that for a second. I think there are people who are in my business who would say, early on, that it took you a while -- forget the campaign -- took the candidate a while to find his voice, to find his rhythm, to find that connection between voters, and that those weeks in New Hampshire, while, in their view, you were struggling to find your voice, proved to be very costly. Do you agree with that at all? 

CLARK: Not really. 

BROWN: OK.

CLARK: First of all, from the very first time I went to New Hampshire, I was at New England College in Henniker. And I did a town hall meeting there. I think it was a week after I had announced.And people called in from all over the country, said it's the most fabulous town hall meeting we've seen since Bill Clinton's done one. A lot of the professional media people decided that they could look elsewhere. And we knew, after I got sick and we didn't do Iowa, and then McEntee, Gerry McEntee from AFSCME, endorsed Howard Dean, a lot of the focus went elsewhere. But it didn't matter. We just put together our campaign. I did a great series of interviews on Tim Russert in November and a bunch of other places. And the momentum began to come back into the campaign. We raised, oh, I think $10.5 million in the last quarter of 2003. We raised a total of $20 million-plus for the campaign. It's been an effort that's been, you know, very, very successful. You do have to win the media war. There's a lot of really great reporters out there. They're very expert at judging politicians and political candidates. I'm not one of them. 

BROWN: Yes. 

CLARK: And, you know, I wasn't a political candidate. I had never run in a race before. But I think I had a real identification with the voters. I felt really good about it. 

BROWN: Just, finally, a week ago, a week and a day ago, you stood up there a winner in Oklahoma. Did you allow yourself -- you're a very disciplined man, as I know -- did you allow yourself that night to think, maybe we're going to win this whole thing? 

CLARK: No, I never thought that. 

BROWN: OK.

CLARK: Because I knew exactly what was happening after Iowa. What was happening after Iowa was a huge tidal wave of determination in the Democratic Party to just vote for the front- runners and get Bush out of there. 

BROWN: Yes. 

CLARK: And it grew and grew and grew. And, you know, you were asking Kelly whether -- who is doing paid media. Listen, no matter how much paid media you do, nothing accounts, nothing overcompensates for what is the unpaid, the free media from just the winning and the front page in the newspapers. 

BROWN: Yes. 

CLARK: And that's the way this race has been. I think every race is different. I don't draw any generalizations. And I'm not being critical. It's the way electorate is. The same anger at President Bush which really drew me into this race is what so many Americans feel. And they want this primary -- I think they want it over.

BROWN: Yes. 

CLARK: I think they want to pick a candidate. I think they want to get on with the election and change this government. 

BROWN: General, if you just want to come out and hang out with us, you're always welcome, always.

CLARK: Well, it's been a lot of fun, Aaron. And I've enjoyed it. And I don't intend to be quiet. I intend to continue to add my voice wherever it is possible to do so. 

BROWN: I expect you will. It's good to see you, sir.CLARK: Thank you. Thank you very much. BROWN: Best of luck. Thank you very much. Still to come on the program, the Disney piece of business, big offer on the table, a company boardroom in an uproar, and, later, a wonderfully fascinating look at the Beatles storming America 40 years ago in still life. From New York, this is NEWSNIGHT. 

(COMMERCIAL BREAK)

BROWN: A funny thing happened on the way to Disney board of directors meeting. Someone tried to hijack the company. Actually, Comcast, the cable giant, tried to buy the company, $50-plus-billion for Disney. Here's CNN's Jen Rogers. 

(BEGIN VIDEOTAPE) 

JEN ROGERS, CNN CORRESPONDENT (voice-over): The keys to the Magic Kingdom could be changing hands. In a bold move, cable giant Comcast made an unsolicited $66 billion bid for the Walt Disney company, a merger that would create the world's largest media company. 

BRIAN ROBERTS, CEO, COMCAST: We do believe that this is a very compelling offer to the shareholders of Disney. This is a fair offer for both sides. 

ROGERS: The Disney board says it will carefully evaluate the proposal, but it's unlikely it would stand as is. The bigger question is what this means for Michael Eisner. He's fended off critics and corporate raiders before, but today, his rank in Hollywood's hierarchy took its biggest hit yet with the surprise move by Comcast. Under pressure from a Disney heir and another former board member who resigned last year, Eisner also is doing damage control over last month's failed attempt to extend a highly profitable partnership with Pixar. 

JACK MYERS, MEDIA ANALYST: Michael Eisner, of course, has weathered a lot of storms and has been a battler his whole life, but this is going to be a tough fight. 

ROGERS (on camera): Hollywood is a town built on happy endings. Whether Michael Eisner will be able to orchestrate one for himself is still an open question. Jen Rodgers, CNN Financial News, Burbank, California. 

(END VIDEOTAPE) 

BROWN: A few more business items before we go to break, starting once again with Martha Stewart. Her lawyers today asked for a mistrial. They argued, without a chance to call witnesses to shoot down allegations of insider trading, they can't defend against charges Ms. Stewart lied about it to investigators. Since Ms. Stewart isn't in fact charged with insider trading, the judge said no to the witness and no to the mistrial. The drug at the center of the Martha Stewart scandal may, in the end, be the only winner at the end of the day. Having shown promise against certain forms of cancer, the drug is expected to gain FDA approval as early as tomorrow. KLM and Air France have gotten European approval for their plans to merge. The combination will result in one of the world's largest airlines. But it needs an OK from American regulators to move on. And on Wall Street today, a slam dunk across the board, the Dow particularly looking strong. Just got to get back in those Internet stocks, you know?Still to come on NEWSNIGHT, back to the '60s. Now, that I do understand, the Fab Four invasion in still life. A break first. This is NEWSNIGHT. 

(COMMERCIAL BREAK) 

BROWN: OK, this is one of those moments that will either make you feel like an old geezer, a high school sophomore, or maybe both; 40 years ago tonight -- 40 years -- the Beatles played their first American concert in Washington, D.C. "LIFE" magazine photographer Bill Eppridge covered the lads backstage, as well as their arrival in New York City and their performance on "The Ed Sullivan Show." The pictures are intimate, funny, telling, and, until now, largely unseen. They went on display recently, along with the work of CBS network photographers in the Smithsonian in Washington and the Museum of Television and Radio here in New York. 

(BEGIN VIDEOTAPE) 

BILL EPPRIDGE, PHOTOGRAPHER: They stepped off the plane and walked down the steps. There were people on every level yelling and screaming and hollering. And I didn't know what to think. I hadn't expected that much. And then the press, members of the press came down and photographed them there on the ground. And they seemed like very respectable gentlemen. 

QUESTION: Will you please sing something?

BEATLES: No!

VICKIE REHBERG, EXHIBIT CURATOR: There were a select group of reporters that were privileged to have really very close ties to all the events. Bill was one of those that was right in their hotel rooms in the Plaza Hotel. 

EPPRIDGE: They didn't pay us any attention. They had their own things to do. They were calling home. They were calling friends, telling them about the plane ride and telling them about their first view of the United States. And they're sitting, watching themselves arrive at the airport. I would consider it quite amazing, but these guys were just going, it's all right, just like that, very quiet. Outside the Plaza, the hotel was ringed with police. There were crowds of people, mostly young girls, just wanting to see them. Well, the chauffeur of the limo who had brought them from the airport opened the trunk of the car. And there were a couple of guitar cases in there. And kids came up. This little girl, all she wanted to do was touch the guitar case. 

REHBERG: Studio 50 was the first live "Ed Sullivan Show."

(BEGIN VIDEO CLIP, "THE ED SULLIVAN SHOW") 

ED SULLIVAN, HOST: Now the Beatles, here they are. 

(END VIDEO CLIP) 

EPPRIDGE: Ed Sullivan seemed to just amazed as we were at them. Actually, by the end of that show, he started looking a few years younger. I think they had that effect on everybody. They brought you back a little bit. 

REHBERG: Washington was their very first concert in America. There were big snowstorms. They took a train instead of a plane, so we got some great candid shots of them. This photo is a closeup of predominantly women fans rushing the stage. The Beatles had thrown jellybeans on the stage, so they were all fighting to grab on to those jellybeans. Two staff photographers from CBS were assigned to cover the Miami Beach appearances. This photograph is part of the second live "Ed Sullivan Show." And this is the stage that was in the Napoleon Ballroom, where "The Ed Sullivan Show" was produced live. 

EPPRIDGE: I didn't think that their power would hold for so long, and it has. That's what's made it very, very special. There's classical music that happens in every era. And their music just sort of drew so many people together. It's become classical. 

(END VIDEOTAPE) 

BROWN: Lovely innocence in it all, compared to where we started the program tonight, halftime show. Morning papers after the break. 

(COMMERCIAL BREAK) 

(ROOSTER CROWING) 

BROWN: Okeydokey, time to check morning papers from around the country and around the world, beginning, as we do, with "The International Herald Tribune." We would actually begin with "The New York Times," but they don't send it to us anymore. I don't know why they're angry, but they are.Here's "The International Herald Tribune," knowing it's basically the same thing. "Cable TV Operator in Bid for Disney, Comcast Unsolicited, $51.4 Billion Offer, If Successful, Would Reshape Industry." Andrew Ross Sorkin wrote the story. We hear a lot of different numbers about what Comcast is willing to pay. I guess it depends on the share price of the stock. 

It was also front-page news in "The Guardian," though it's hardly a bold headline, though what more do you need to say than just show Mickey, right? "Disney in Peril." That's, I guess, $54.1 billion in English for troubled empire. That's how they have headline it in "The Guardian.""The Boston Herald." "Civil War," civil as in civil unions. and the debate has been civil. "Divided Pols, Mixed Compromises on Gay Marriage." Well, it depends how you look at that, I guess.

"The Philadelphia Inquirer" leads with "Comcast Bids For Disney." I believe they're a Philadelphia company. I may be wrong about that. I wish I hadn't said it now. Anyway, that's their lead. It's not the first time I wish I hadn't said something.Another merger story, if you will. 

"The Chattanooga Times Free Press." "Local Grocery Chain For Sale. Parents Company Seeks Buyer This Year for Chattanooga's Biggest Supermarket," the Bi-Lo chain. OK?How we doing on time there? Thirty? That's all? I was just getting into this. 

"The Richmond Times-Dispatch" down at the corner here, if you can get it. "Clash of the Virginia Titans." John Warner -- the two senators, Warner and Senator Allen -- "Split Over an Effort to Tighten Federal Seat Belt Laws." The weather in Chicago tomorrow, by the way, is "hogwash." I don't think that's good. We'll wrap up the day in a moment. 

(COMMERCIAL BREAK) 

BROWN: Recapping our top story before we leave you for the night. Lawmakers slam the man in charge of CBS and MTV for Janet Jackson's display during the Super Bowl halftime show. The NFL commissioner, Paul Tagliabue, also came in for a grilling, as did the FCC commissioner, Michael Powell, nobody very happy there. Tomorrow night on this program, even after his death, diet guru Robert Atkins continue to stir up controversy. There's no doubt he has changed America's food landscape -- the Atkins effect tomorrow on NEWSNIGHT. We'll be in Atlanta tomorrow, but you can watch from the comfort of your home. And I assume you will. We'll see you then.Good night for all of us.END

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