Wednesday, February 25, 2004

Mixed Reviews On Mel Gibson's "The Passion of Christ"; Pentagon Reviewing Policies On Sexual Assault; Democrats, Republicans use Greenspan Speech for Political Gain

Mixed Reviews On Mel Gibson's "The Passion of Christ"; Pentagon Reviewing Policies On Sexual Assault; Democrats, Republicans use Greenspan Speech for Political Gain

Aired February 25, 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.We wade again tonight into that uncomfortable intersection of religion and public debate. Mel Gibson's movie on the death of Jesus opened today, Ash Wednesday, and I was struck by a line one of our guests wrote. She writes reviews for "USA Today." She reviews movies and she gave Mr. Gibson's film three stars. She basically liked it. But she also wrote this. "This is not a movie that families could gather around and watch every Easter after brunch."This movie, it seems, is many things, different things to different people but the one thing it is not, if I've read the reviews correctly, is entertaining. It is hard and difficult and draining, perhaps as it must be.The reviewers have their say on the program tonight and so do the ticket buyers and it's where we begin. We start the whip with CNN's Maria Hinojosa, who has spent much of the day and evening talking to people going to the movies, Maria a headline.

MARIA HINOJOSA, CNN CORRESPONDENT: Aaron, there were reverends and rabbis, protesters and police, tears of sadness from some moviegoers, anger and dismay from others, but everyone who has seen it has an opinion about "The Passion."

BROWN: Maria, thank you. We'll get to you at the top tonight.Next to the Pentagon and allegations the military has a growing sex abuse problem, Jamie McIntyre with us again, Jamie a headline.

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT: Well, Aaron, one member of Congress today put it this way. Female soldiers in the U.S. military have more to fear from their fellow soldiers than they do from the enemy. That might be a bit of an overstatement but, even though the data doesn't quite support it, the U.S. military does have a perception problem that there's a problem with sexual assaults.

BROWN: We'll take a look at that. Jamie, thank you.A challenge to the president on Social Security and presidential candidates too by the sound of it. Our Senior White House Correspondent John King did the reporting, John a headline.

JOHN KING, CNN SR. WHITE HOUSE CORRESPODNENT: Aaron, four years from now the first wave of the baby boomers will retire. The Fed Chairman Alan Greenspan said today that unless the politicians make the tough choices, Social Security and probably Medicare too will bust the federal budget.But ask the president or his leading Democratic rivals about that and they made crystal clear they don't want to deal with those tough choices until after the election.

BROWN: John, thank you.And finally the Martha Stewart trial and a bold day for the defense. Allan Chernoff did the reporting here, Allan the headline tonight.

ALLAN CHERNOFF, CNN CORRESPONDENT: A 20-minute recipe for defense, Martha Stewart's lawyers call only one witness to the stand then rest their case. Closing arguments are scheduled to begin on Monday -- Aaron.

BROWN: Allan, thank you. We'll get back to you and the rest shortly.Also coming up on the program tonight, a controversial bill that will protect gun manufacturers from lawsuits begins working its way through Congress. In Segment 7 tonight, the fight heard round the world, the Cassius Clay, Sonny Liston Bout, which was more than a fight and took place 40 years ago today.And the rooster, who is still paying off a bet he made that night, will deliver morning papers for Thursday, all that and more in the hour ahead.We begin with the movie, certainly the movie of the moment but a movie just the same, a Hollywood movie with all it entails right down to a marketing campaign. As such, it is important to remember that to many people, religious or not, "The Passion of the Christ" is neither, strictly speaking, a work of history nor the gospel truth.But because it lives for the moment at the intersection of both of deeply held faith and bitterly painful memories, different people will see it in very different ways. The only conclusion we can draw tonight is a simple one. People are seeing it.Here's CNN's Maria Hinojosa.

(BEGIN VIDEOTAPE)

HINOJOSA (voice-over): They lined up at noon on a work day.

UNIDENTIFIED MALE: I don't mind waiting for it. It's Lent. You're supposed to suffer. 

HINOJOSA: The enthusiasm on this Ash Wednesday for "The Passion of the Christ," the movie, drawing reverence and rabbis, mostly the very religious but not your typical movie crowd just yet.

UNIDENTIFIED MALE: It's the most awesome thing I've ever seen. I came Monday night to a private showing and came back again this morning. It's the way I wanted to start my Ash Wednesday off.

HINOJOSA: It released on 2,800 screens in this country from Texas to Miami to New York. The very devout were devout in their admiration.

UNIDENTIFIED FEMALE: In the middle of it, I said this is the hardest movie I have ever watched because I couldn't control my emotions.HINOJOSA: Jewish leaders saw it. Many came to denounce it.

ABRAHAM FOXMAN, ANTI-DEFAMATION LEAGUE: From beginning to end, it was an unambiguous portrayal that the Jews were bloodthirsty, the Jews were angry, the Jews were vengeful and they were the ones that were directing the Romans what to do.

HINOJOSA: While Christian leaders largely defended it.

WILLIAM DONAHUE, CATHOLIC LEADER: I think there are other people who I think are hypersensitive about the subject of anti-Semitism and they are just looking for something.

HINOJOSA: And viewers one by one made their peace with "The Passion.

"UNIDENTIFIED FEMALE: You realize how much your life is worth and that someone else gave up their life for you. It's just you value your life so much.UNIDENTIFIED MALE: There are a couple parts I thought were completely true to the Bible but it's Hollywood, so as a whole I thought it was fantastic.

(END VIDEOTAPE)

HINOJOSA: Now, Aaron, this was not a typical night of any kind of premier. About an hour or two ago there were several protesters gathered here saying that the movie was anti-Semitic. They were wearing concentration camp uniforms and chanting "boycott Mel Gibson" but others have gotten into the fray. Today, the New Black Panther Party, no relationship to the old, held a rally saying that they're upset because Christ is not depicted as black. And people from the Ethical Treatment of Animals issued a statement saying that animals mistreated today suffered the way Jesus Christ is depicted as suffering in the movie.And finally, Aaron, Cardinal Egan here from New York reminding worshippers to remember on Sunday that Christ gave his life freely and that no one took it from him -- Aaron.BROWN: Maria, thank you, Maria Hinojosa.We'll have more on "The Passion" as we go along tonight.First some of the other news of the day, starting with growing concerns about rape within the military. A Senate panel today heard allegations that more women are being victimized and the system is letting them down.Here again, CNN's Jamie McIntyre.

(BEGIN VIDEOTAPE)

MCINTYRE (voice-over): Since the U.S. went to war in Iraq, 88 American troops have reported they've been victims of sexual assault while deployed in the war zone.

SEN. SUSAN COLLINS (R), SENATE ARMED SERVICES COMMITTEE: And our women soldiers sometimes have more to fear from their fellow soldiers than from the enemy.

MCINTYRE: Earlier this month, Defense Secretary Donald Rumsfeld ordered a review of how victims are treated. And Congress wants answers as well.

SEN. WAYNE ALLARD (R), SENATE ARMED SERVICES COMMITTEE: Many of the victims' stories were heart-wrenching and appalling. In some cases, I was utterly speechless and outraged.

MCINTYRE: Victims' complaints include poor medical care, little or no counseling and in some cases having to work side by side with the accused attacker.Pentagon officials acknowledge that more needs to be done for victims but commanders bristled at the suggestion they don't take sexual assault cases seriously.

GEN. MICHAEL MOSELEY, AIR FORCE VICE CHIEF OF STAFF: For the notion that people get a free pass or that things are winked at or swept under the rug is outrageous.

MCINTYRE: The Pentagon also released a new study disputing the perception that rape is on the rise in the military.

DAVID CHU, UNDERSECRETARY OF DEFENSE FOR PERSONNEL AND READINESS: The incidence of sexual assault in the military is down from 1995, approximately cut in half from the level that prevailed seven years earlier.

MCINTYRE: In 1995, six percent of the troops surveyed by the Pentagon said they'd been a victim of rape or attempted rape. By 2002, the rate had dropped to just three percent. But rape is an underreported crime and victims' rights advocates say the numbers don't tell the whole story. 

CHRISTINE HANSEN, EXECUTIVE DIRECTOR, THE MILES FOUNDATION: So often we find that the victims may actually go underground for fear of what reprisals or retribution or, more specifically, the fear of adverse career impact and the impact to their security clearances that may occur when they do report a sexual assault in theater.

(END VIDEOTAPE)

MCINTYRE: Pentagon officials concede they don't have the data to conclude whether troops deployed in a war zone are more likely to be victims of sexual assault; however, they say they're reviewing all the policies with an eye toward doing more toward prosecuting sexual offenders and more toward protecting their victims -- Aaron.

BROWN: This is an ongoing issue given what has gone on in the Air Force, at the Air Force Academy and the rest. What is it that they -- I guess what is it that victims' advocates say they aren't doing?

MCINTYRE: Well, I mean one of the chief complaints is that when women bring forth charges of rape against an accuser that often what happens is the women end up getting punished for some minor infraction while the accused rapist or sexual abuser goes unpunished, often because rape is a case of he-said or she-said and it's very hard to prove that case.One of the things they did at the Air Force Academy, for instance, was to grant amnesty for minor infractions to students so that they wouldn't be, for instance, prosecuted for drinking in the dorm and then have the accused rapist go free.So, the Pentagon says they're looking at all of the things involved in the treatment of victims of rape to see if they can't do a better job in making sure that they get fair treatment.

BROWN: Jamie, thank you, Jamie McIntyre at the Pentagon tonight.Also on the Hill today, Alan Greenspan did what someone once said all Fed chairmen have to do, which is take away the punch bowl when the party gets going good. Normally, that means raising interest rates or decrying the deficit. This time he issued a tough warning. When it comes to Social Security, the party is over, a splash of cold water at any time, decidedly so in an election season.Here's our Senior White House Correspondent John King.

(BEGIN VIDEOTAPE)

KING (voice-over): The Fed chairman put election year pressure on both political parties, warning that without difficult choices soon the looming retirement of the baby boomers will bust the federal budget.

ALAN GREENSPAN, FEDERAL RESERVE CHAIRMAN: We will eventually have no choice but to make significant structural adjustments in the major retirement programs. 

KING: By that, Chairman Greenspan means raising the Social Security retirement age and reducing annual cost of living increases. At the White House, quick proof there's a reason they call Social Security the third rail of American politics.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: My position on Social Security benefits is this that those benefits should not be changed for people at or near retirement.KING: Both leading Democratic presidential candidates rushed to rule out Social Security benefit cuts.

SEN. JOHN KERRY (D), PRESIDENTIAL CANDIDATE: The wrong way to cut the deficit is to cut Social Security benefits. If I'm -- if I'm president, we're simply not going to do it.

SEN. JOHN EDWARDS (D), PRESIDENTIAL CANDIDATE: The answer is not to cut Social Security benefits for those who need them and depend on them. The answer instead is to stop tax cuts for the wealthiest Americans.

KING: Chairman Greenspan has legendary status in Washington and both parties looked for election year advantage in his testimony. To the Democrats' delight, he said growing federal budget deficits eventually threaten long-term interest rates and living standards.

GREENSPAN: It's out there somewhere and it's out there in this decade.KING: Republicans liked his recipe for reducing that red ink. Greenspan did not rule out tax increases but was adamant that Congress impose strict budget caps and cut spending first.

GREENSPAN: It's an easy solution to a problem where you have a deficit to increase taxes. It's not evident to me that over the long run that actually works.

KING: And Republicans nodded approvingly when Chairman Greenspan said the ten-year Bush tax cuts had helped the economy out of recession and, in his view, so long as spending is controlled that those tax cuts should be made permanent.

GREENSPAN: They should be continued because I think over the long run they will benefit this economy.

(END VIDEOTAPE)

KING: On the issue of Social Security here at the Bush White House and leading Democratic budget voices in the Congress concede the chairman's point that something has to be done about Social Security but, Aaron, there is no bipartisan consensus and on both sides of the aisle they think it would be political suicide to talk much more about this before the election.

BROWN: The president four years ago campaigned in part on the notion of personal retirement accounts, setting aside some of your Social Security money to invest. This seems to be an opening for that, is it?

KING: It is in part but remember the president proposed that. He had the late New York Senator Daniel Patrick Moynihan head a bipartisan commission that said that was a good idea and also said that Congress would need to debate those other issues, raising the retirement age, perhaps cutting back benefits, definitely reducing the cost of living increases.The president was prepared to go forward with that plan early in the administration with a lot of time before an election and then the stock market went down in the recession and nobody, especially Republicans, wanted to touch it because of the mid-term elections.There is no consensus now to do that, little time before this year's election, at least as the politicians view it, so nobody wants to deal with it until after the elections when they can try to have another bipartisan whack at it.

BROWN: John, thank you very much, John King tonight.Ahead on NEWSNIGHT, we go back to the movie "The Passion." We'll see how Christian groups, one Christian group at least, hopes to make use of the film. We'll also hear from a panel of film critics. What do they think of the movie?Later still, another in our series on still photography segments. We'll look at the trouble in Haiti through stills, that and more as NEWSNIGHT continues from New York.

(COMMERCIAL BREAK)

BROWN: More now on "The Passion of the Christ," which opened today with all the hype of "Jaws," including the death of a woman in Kansas. She apparently had a heart attack during the crucifixion scene.In case you needed a reminder, this movie is rough stuff, one that some say portrays the suffering of Christ at the expense of the message of Christ, not in short a come-to-Jesus moment, if you will, yet that is precisely how others are treating it.Here's CNN's Jeff Flock.

(BEGIN VIDEOTAPE)

JEFF FLOCK, CNN CHICAGO BUREAU CHIEF (voice-over): Giving out free tickets...

UNIDENTIFIED FEMALE: Upstairs and it's theater 11.

FLOCK: Sponsoring lecture series...

GARRY POOLE, EVANGELICAL DIRECTOR, WILLOW CREEK CHURCH: We're calling it "The Man Behind the Movie." 

FLOCK: Handing out literature, even running TV commercials. 

PASTOR JERRY MCQUAY, CHRISTIAN LIFE CENTER: I'm Pastor Jerry McQuay.

FLOCK: Churches hoping darkened movie theaters could yield thousands of new converts to Christ.

UNIDENTIFIED MALE: I think it's going to change lives.

FLOCK: Trying to capitalize on passions stirred.

MCQUAY: And I'd like to encourage you to experience "The Passion" in theaters and come worship with us at Christian Life Center.It's creating a natural opportunities for Christians to talk to their non church friends and say, hey, would you like to go see this with me?

FLOCK: Pastor McQuay's suburban Chicago church rented out six 400-seat theaters, paying full price, $9 a ticket, for church members to take along a non-believer friend.

MCQUAY: The end result of that could certainly be that people would join the church.

UNIDENTIFIED MALE: And it is now time to introduce "The Passion of the Christ."

FLOCK: This screening, sponsored by Relevant Radio, the country's largest Catholic radio network, hoping to entice Catholic listeners back to worship.

UNIDENTIFIED MALE: It's been a while since I visited the church and seeing this movie, you know, I'm going back.

UNIDENTIFIED MALE: I'm going to try and be a better person as a consequence.

FLOCK: "An historic event is about to take place. Will your church be ready" reads this advertisement for a discussion guide for churches? It was written by Garry Poole.

POOLE: I think that this movie will probably be one of the greatest opportunities for dialog about Christianity that we've seen in our lifetime.

UNIDENTIFIED FEMALE: Whether I believe in God or Jesus, this man was a great man.

FLOCK: Churches hoping that spirit will help fill their hard wooden pews like the film is now packing the plush seats of the theaters.I'm Jeff Flock, CNN, in Chicago. 

(END VIDEOTAPE)

BROWN: Seeing a movie ought not be a test of faith, nor should writing about one we believe, yet this time it seems both are true. A critic we invited to the program tonight backed out late this afternoon after getting literally hundreds of e-mails, many of them hateful, some anti-Semitic, a few threatening his life. It's a movie, a movie which is how we want to look at it now, even if untangling the movie and the message and all the rest isn't so easy. We're joined by three critics. First in Los Angeles, Claudia Puig of "USA Today." With us in New York Rene Rodriguez, who writes about movies for "The Miami Herald," and David Sterritt of "The Christian Science Monitor," and we are glad to have all of you.Claudia, start us off here. Just in a sentence or two or a really short paragraph how did you like the movie?

CLAUDIA PUIG, "USA TODAY": Well, like might not be the most appropriate word. The unremitting and almost orgiastic violence put me off a little bit. There certainly was a power and a poetry and a beauty to it but I wish that I -- I would have preferred to have seen more of Jesus' humanity and more of the magnetism that drew followers to him and a little less of the lacerating and the flogging and just the gore, the gore and the bloodbath.

BROWN: Got it. Let me come back to that.PUIG: Sure.

BROWN: Rene, too violent?

RENE RODRIGUEZ, "THE MIAMI HERALD": It probably is too violent in that after a while you kind of stop registering what you're watching on screen and you're almost waiting for the scene to be over so the movie can move on.But what's interesting about that is that is the reason why Gibson made the movie. He wants to force you to focus on every lash, every nail, every bit of agony that Christ endured.

BROWN: And, in the end, you found it effective?

RODRIGUEZ: I think as a whole the movie has an undeniable power and I think whether you liked the movie or not, it certainly leaves an impression and it certainly stays with you. You don't necessarily have to agree with the approach that Gibson takes and you don't necessarily have to find meaning in the areas that he finds meaning but as a work of art I think it's pretty undeniable that it works.

BROWN: David, where are you falling in the conversation so far?

DAVID STERRITT, "THE CHRISTIAN SCIENCE MONITOR": The movie has obviously a certain kind of power. It just pulls out all the stops. But what to m e is most important about it is that it is so relentlessly physical, so relentlessly material.There are occasional flashbacks to Jesus' earlier life. We see a little bit, a few seconds almost, of the Last Supper, a little bit of the Sermon on the Mount but mainly it's all of this brutality as if the death and the torture and crucifixion of Jesus were the really important thing and not the fact that he then rose from the dead, which is what Easter is about and triumphed over death. That gets one minute at the end of the movie.

BROWN: Claudia, the question of anti-Semitism, did you see it in the movie?

PUIG: I saw, there were some portrayals I think of Caifus and some of the Jewish rulers, there was some sort of one-dimensional portraits of those particular characters. There was a kind Jewish person that helped him carry the cross.

BROWN: Yes.

PUIG: But I can certainly see where it would lend itself to people, you know, people would be concerned, particularly in the portrayal of Caifus and the Jewish leaders but to be fair it was the Romans that were doing, you know, the real physical abuse and the excessive flogging at the behest of the Jewish leaders.

BROWN: Rene, I'm sorry Rene you did not see the anti -- I think the line I remember from you is you really had to look for it to be...

RODRIGUEZ: I think -- I don't think the movie is anti-Semitic at all. I think where this is all coming from is that Gibson is the kind of artist who likes to paint in very, very broad strokes.

BROWN: In everything he does.

RODRIGUEZ: In everything he does. I mean you could draw comparisons between this movie and "Braveheart" and they're both very similar and they're both very broad. I don't think this movie is anti-Semitic at all. I think his failing is that he paints the high priests who condemn Jesus in such, you know, villainous cartoonish terms that it's very easy to read anti-Semitism in there.

STERRITT: Yes, I agree with that.PUIG: Yes.

BROWN: Do you think 30 years from now, 50 years from now that this movie will still be out there in a sort of powerful way or even in a month from now?

STERRITT: Yes. I think that a lot of people are going to see this movie today and I think a lot of people are going to be seeing this movie over the next week or so and then I think it's not going to have what the Hollywood people call legs. It's going to drop off a lot because it's a really unpleasant movie and unless you're interested in a particular strain of Christian thinking and tradition, unless you really fall right in there, you're just going to find this movie just too much, much too physical as I said before, not nearly enough metaphysical.I think it's going to end up in the video stores where it's going to be just another movie and where people are going to look at it without really a lot of fuss and some of the people who look at it over the years are going to be people who are interested and feel called by that particular kind of Christian tradition.And others are going to be cultists who are just into it as a kind of a horror movie and, in many ways, it works better as a horror movie than as a religious movie.

BROWN: Rene, let me give you the last word here. Do you think it is -- is it -- has it been worth all the fuss? There's been so much controversy and so much fuss about this. Is there a payoff there in that respect?

RODRIGUEZ: I think there is a payoff in the sense that, you know, my review in the paper today ran on the front page. You have a subject that is normally not in the news, which is religion and the differences between theologies and the difference between Jewish and Christians.There is a lot of attention being focused on these differences and I think once the controversy dies down, I think what you're going to find is people who may not necessarily know a lot about the other person's faith having learned, even if it's just a little bit, having learned about it and I think that, I mean I know it sounds very kind of hand-holding Cumbaya but it's actually true.

BROWN: A little bit of that on a day like today is not a terrible thing. Thank you all, good to have you with us. Thank you. I expect we'll revisit this again.Still to come on the program, more normal matters for us, Martha Stewart and an amazingly quick defense. We'll tell you that story and much more.Around the world this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: Blink and you might have missed it. Martha Stewart's lawyer today put on a defense that lasted barely longer than the closing credits to "Law and Order." But if you remember you "Law and Order," you'll also recall these lawyers are under no obligation to do anything more. Just the same after some pretty tough days of prosecution testimony, today would seem to be a gamble.Here again, CNN's Allan Chernoff.

(BEGIN VIDEOTAPE) 

CHERNOFF (voice-over): A one witness defense for Martha Stewart lasting 21 minutes.

ROBERT MORVILLO, DEFENSE ATTORNEY: We called only one witness because we thought that was a sufficient way to deal with the quantity and the quality of evidence that the government had put in.

CHERNOFF: How would you characterize the quality of the evidence the government put in?

MORVILLO: You know I don't talk about the quality of the evidence outside the courtroom.

CHERNOFF: Do you think they've proven anything?

MORVILLO: I think that the witness that we called indicates what we thought about their case.

CHERNOFF: Attorney Stephen Pearl was the witness on the stand to rebut a charge that Martha Stewart lied by telling federal investigators she didn't know her stockbroker Peter Bacanovic called her on December 27, 2001, the day she sold her ImClone stock.Pearl, who accompanied Stewart during her interview with the government testified his notes indicated the question to Stewart was not whether Bacanovic had called but what time Peter Bacanovic left a message to which she responded I don't know.After Stewart's lawyers rested, prosecutors introduced a taped interview with broker Bacanovic to rebut testimony of Stewart's business manager. Heidi DeLuca had testified she discussed selling ImClone with Bacanovic, backing up Stewart and Bacanovic's claim that they had an agreement to sell ImClone if the stock fell below $60 a share.Bacanovic on tape said that couldn't have happened.

PETER BACANOVIC INTERVIEW WITH SEC: "I don't get into that much detail with Heidi.

QUESTION: So, the issue of the stock at $60 didn't come up with Heidi?

BACANOVIC: No.QUSTOIN: And Heidi never brought it up to you?

BACANOVIC: No. She only brought it up to me in terms of adding gains to the account."

JACOB ZAMANSKY, SECURITIES ATTORNEY: I do believe Martha Stewart and Bacanovic are going to be convicted of the obstruction charge, false statements and very likely conspiracy.

(END VIDEOTAPE) 

CHERNOFF: The judge has scheduled closing arguments for next Monday and Tuesday and indicated she's likely to give the case to the jury on Wednesday -- Aaron.

BROWN: Allan, thank you very much.Still to come on the program, a very controversial gun bill, a bill that would protect manufacturers from certain lawsuits. Later, segment seven goes into the ring for one of the most famous fights of all time, Cassius Clay, Sonny Liston, and the mouth heard around the world.As we go to break, a check of how the stock market did today. 

(COMMERCIAL BREAK)

BROWN: It is a familiar mantra of the gun industry: Guns don't kill people. People kill people. The slogan, of course, hasn't prevented a number of lawsuits from being filed, all aiming to hold gunmakers accountable for the crimes committed with the guns they make or sell. The lawsuits in turn have sent the gun industry scrambling to lobby for protections against such suits. And now the Senate is poised to turn those protections into federal law. In a test vote today, 75 senators supported the proposal. Here's CNN Joe Johns. 

(BEGIN VIDEOTAPE)

JOE JOHNS, CNN CAPITOL HILL CORRESPONDENT (voice-over): The Washington, D.C. sniper attacks. A Bushmaster rifle used in the killing spree was traced back to a store on the West Coast where more than 200 firearms had been reported missing. It's at the center of a Senate battle over limiting lawsuits against gunmakers and gun dealers. 

SEN. DIANNE FEINSTEIN (D), CALIFORNIA: The store had no record of the purchase for the assault rifles used in the attacks and failed to report it stolen until after the ATF recovered the weapon from the snipers and traced it back to the store.

 JOHNS: The bill being debated is aimed at stopping negligence lawsuits that proponents say threaten to cripple the gun industry, but could also prevent the sniper victims and their families from suing the gun store for negligence. Gun rights supporters who back the measure say not all lawsuits would be cut off, for example, if the gun seller or maker violated a federal or state law. 

SEN. LARRY CRAIG (R), IDAHO: If this licensed gun dealer violated current law, he will be shut down. What we're talking about here, again, is a narrow piece of legislation. 

JOHNS: The gun lobby says lawsuits against the industry have been unsuccessful, but extremely expensive to defend in court. 

WAYNE LAPIERRE, NATIONAL RIFLE ASSOCIATION: They are going to kill the American firearms industry. We're going to ship this whole industry overseas. JOHNS: Quirky, high-stakes politics surround the debate. Senate Democratic leading Tom Daschle, who is up for reelection, helped write the measure. But now he's feeling the heat from fellow Democrats who are gun control advocates. So he's offered a number of changes, including one that would allow the sniper lawsuits to go ahead. 

SEN. TOM DASCHLE (D-SD), MINORITY LEADER: The principle of equality before the law demands that everyone, individuals and businesses alike, be held accountable for their actions. JOHNS: Adding to the drama is a proposal to renew the 1994 assault weapons ban, which expires this year. Gun control advocates say they will try to tack it on to the bill. Joe Johns, CNN, Capitol Hill. 

(END VIDEOTAPE) 

BROWN: On now to the Constitution.The word we used yesterday to describe President Bush's support for a constitutional amendment banning gay marriage was big. And it is a big story. Proposing to change a document as fundamental as the Constitution is a very big deal. But the distance between proposing and changing is hardly small. It's what we call a second-day story, after the big. 

(BEGIN VIDEOTAPE) 

BROWN (voice-over): When it comes to amending the Constitution, proposing is far easier than passing. 

DAVID KYVIG, NORTHERN ILLINOIS UNIVERSITY: The last estimate I saw was that about 14,000 amendments have been proposed to the Constitution, and, of course, only 27 adopted. 

BROWN: By requiring a two-thirds vote in the House and Senate and ratification by three-quarters of the states, the founding fathers ensured that changes to our fundamental social document would be possible but only on issues where there was an overwhelming national consensus. 

KYVIG: You have to have a combination of North and South and East and West and urban and rural support for a proposal in order for it to have a chance of meeting that threshold of -- of the amending process. And that's not very easy to achieve. 

BROWN: In fact, over the last quarter-century, only one amendment has been ratified. It puts limits on when congressman can raise their salaries, not exactly controversial and not exactly new. It was written by James Madison, first sent to the states in 1789. Since then, Congress has learned to put time limits on such things. Other than that, only one amendment has even come close. 

ALLAN LICHTMAN, AMERICAN UNIVERSITY: There was a very strong national consensus back in the '70s, behind the Equal Rights Amendment. It got through Congress. But it bogged down in the states and it was never ratified. There is not that same kind of broad national consensus today for a constitutional amendment on gay marriage. 

BROWN: In recent years, there have been plenty of proposals to amend the Constitution. Remember the amendment to ban the desecration of the American flag. It has yet to pass the Senate. A Balanced Budget Amendment never got to the states either, nor did term limits and school prayer. All had popular support. None made it to the Constitution. 

KYVIG: Politicians have frequently found that proposing a constitutional amendment is a wonderful way of stating a position on an issue, but never having to accept responsibility for that proposal becoming law. 

BROWN: Clearly, the founding fathers never could have anticipated a debate over gay marriage, but just as clearly, they knew exactly what they were doing so long ago, when they made the very idea of changing the Constitution so very hard to do. 

(END VIDEOTAPE) 

BROWN: Before we go to break, a few other stories that made news around the country today, starting with a possible setback for the 9/11 Commission. The speaker of the House, Republican Dennis Hastert, said today he will block a 60-day extension the commission requested to complete its work, which the White House had agreed to. The U.S. Supreme Court ruled today that Washington state and its scholarship plan which barred theology students from participating does not violate the constitutional ban on religious discrimination. And after chalking up three more wins yesterday, Utah, Hawaii and Idaho, Democratic front-runner John Kerry campaigned in Ohio again today. His rival, John Edwards, launched a three-day swing through California. Both states hold primaries next Tuesday, Super Tuesday. Ahead on NEWSNIGHT, trouble in Haiti, a look at life there through the lens of a still photographer. A break first. This is NEWSNIGHT on CNN. 

(COMMERCIAL BREAK)

BROWN: A quick look now at some of the stories that made news around the world today, starting on the West Bank. Israeli troops raided a number of Palestinian banks. They took close to $7 million, money the Israelis say was earmarked for funding terrorism. The Palestinians, as you imagine, would have a different take, a local paper headlining it: "The Occupation's Armed Robbery."Survivors of yesterday's earthquake in northern Morocco are accusing the government of abandoning them. They say relief is slow in coming because they are Berbers, a minority in the Arab country. And hours after President Bush warned citizens of Haiti not to try and escape the political turmoil in their country by fleeing to the United States, the Coast Guard intercepted two ships off the coast of Miami -- or, rather, one off the coast of Miami, the other near Haiti. Together, they were carrying more than 100 Haitians who will now be sent home. The Coast Guard says it is watching several other small boats off the coast of Haiti tonight. The backdrop for all of this, the mess in Haiti, which got worse today. Rebels who launched an uprising three weeks ago now control half the country. And today, looting erupted in the capital of Port- au-Prince. With pressure mounting for international intervention, the United Nations Security Council has called a meeting for tomorrow. When the fighting broke out earlier this month, photojournalist Peter Andrew Bosch of "The Miami Herald" returned to this tiny country he has covered for the past 20 years. Last Sunday, a tip led him to Cap-Haitien in the north. He was there with his camera when the city fell to the rebels. 

(BEGIN VIDEOTAPE) 

PETER ANDREW BOSCH, "THE MIAMI HERALD": My name is Peter Andrew Bosch. I've worked for "The Miami Herald" for the past 21 years. And, right now, I'm in Haiti. I've been on the road the whole time following the rebels. I went up to Hinche on the 17th, February the 17th. And Hinche was already taken by the resistance front. In light of the recruits that they have recruited from town to town, they are very camera-shy. They are moving with the movement, but they don't want their faces to be photographed. That person was standing next to another person that had a gas mask on. They did not want their faces to be identified. Right now, I'm in Cap-Haitien. I couldn't sleep on Saturday night. And...

(INAUDIBLE) 

...said I needed to be there. So I got up at 5:00 that morning. And there was a small plane coming up here that morning at 7:00. And probably about 11:00 they took the police station. And that's when they started securing the area and gunfire all over. The only resistance that they had had already fled. A couple of people had been killed, left in the streets and left in some of the buildings. People proceeded to loot the police station. And then they burned it down to the ground. And then they went out looking for any Aristide supporters. The police stations are generally the first things that they take. They take the police stations and then they free the prisoners. They have received a lot of their weapons from the police stations that they raided. And then they generally let the public loot it and then they burn it down. That evening, they proceeded to loot the World Food Program warehouse, which was full of lentil beans. The resistance front the next day secured the port and started securing the whole city and arresting all the looters that they could get. That was down by the port. Apparently, this gentleman had displayed aggressive acts towards one of the resistance soldiers. And he was shot. There's a lot of uncertainty of what is going to happen, whether Aristide is going to resign and leave the country. I would like my photographs to educate people of what really is going on. 

(END VIDEOTAPE) 


BROWN: A number of stills. Ahead, segment seven goes to the fights for a look at one of the defining moments in professional boxing and a moment that said a fair amount about the country, too. Cassius Clay, Sonny Liston, 40 years ago today. This is NEWSNIGHT. 

(COMMERCIAL BREAK) 

BROWN: More than occasionally, the program takes a look at yesterday's news, because, sometimes, yesterday tells us a lot about today. The yesterday in this case was 40 years ago. Civil rights was the issue of the day. And that day 40 years ago featured two black men, one a tough guy, owned, many people believed, by powerful white men, the other young and uppity, to use a word of the time, who had come to be owned by on one. In a story, one seemed to represent the past, the other the future, and it all played out, past and future, in a boxing ring in Miami. 

(BEGIN VIDEOTAPE) 

CASSIUS CLAY, BOXER: Here's the eighth round exactly as it will happen. Clay comes out to meet Liston and Liston starts to retreat. If Liston goes back (INAUDIBLE) he'll end up in a ringside seat. 

BROWN (voice-over): The boxing world, not to mention the rest of America, had never seen anything quite like him or anything quite like this. 

CLAY: Clay plays with his left. Clay plays with his right. Look at young Cassius carry the fight.

BROWN: Twenty-two-year-old Cassius Marcellus Clay of Louisville, Kentucky, the mouth of the South, taunting, reciting poetry, guaranteeing to defeat the heavyweight champion of the world, big bad Charles Sonny Liston. 

ALLEN BARRA, SPORTS JOURNALIST: I don't think you could go back far enough to find a heavyweight that was as highly regarded and scary as Sonny Liston. BROWN: Cassius Clay, outwardly, at least, was very clearly not afraid. But, far more importantly, he was establishing a pattern, one that, in just a very few years, would make him the most recognizable sports figure on the planet. 

ANGELO DUNDEE, FORMER TRAINER: He changed the whole innovation of boxing. He was the first available superstar. BROWN: And in that fight, in a smoky, steamy Miami auditorium, he was the very best over an older, slower Sonny Liston. 

BARRA: To take the years of abuse, of drinking, lack of training, take this with -- in combination with underestimating Cassius Clay and you can see that there's no real surprise as to what happens in the ring. What happens in the ring when you watch the tape seems, I think, in retrospect, inevitable. 

BROWN: Clay won the fight when Liston did not appear for the start of the seventh round. He couldn't lift his left arm. His biceps, doctors would say later, was torn, probably because he swung at Cassius Clay so often and missed. 

DUNDEE: Cassius Clay, peripheral vision, sharp, he's looking over my shoulder. He's looking over my shoulder. And he comes up. We win. 

BROWN: In many ways, it was far more than just a boxing match, of course. It marked the end of an era in both attitude and style. The very next day, there were hints that Cassius Clay would embrace Islam. 

BARRA: By the next fight, he was Muhammad Ali. He was more dedicated, more focused, bigger, stronger and faster. And everything that happened after that, of course, is history. 

BROWN: Ali is still a figure larger than life, but a man who four decades ago changed the landscape of sports and in a way of the culture itself. 

CLAY: You know how great I am. I don't have to tell you about my strategy. I'll let my trainer tell you. Bodina (ph), come here. Bodina, tell him, what are we going to do. 

UNIDENTIFIED MALE: You are going to flight like a butterfly and sting like a bee. Rumble young man, rumble.
 (END VIDEOTAPE) 

BROWN: Forty years ago. Tomorrow morning's papers next. 

(COMMERCIAL BREAK)

(ROOSTER CROWING) 

BROWN: OK, time to check morning papers from around the country and around the world. And I'm not sure why I'm laughing, except that the stack is a big mess, and that may be the reason. We'll start with "The Washington Times," which in many respects leads differently than most other newspapers. So we'll spend a little time here. Up in the corner over here on the side, "Bush Seeks Protection For Gun Dealers. Senate Measure Targets Lawsuits." We told you about that. "Bush Warns Haitians Not to Flee to U.S." I think this is a very good story today. "Radio Host to Pay for Lewdness. Shock Jocks Will Risk Jobs." Clear Channel, the largest owner of radio stations in the country, suspended Howard Stern today from its radio stations and said it's not going to tolerate the fare that makes morning radio morning radio in much of the country. That's "The Washington Times." 

"Philadelphia Inquirer." This is the lead I think in most papers, one way or another. "Greenspan: Cut Future Benefits, Social Security and Medicare Targeted." Also on the front page, "Passionate Reactions to the Movie." And they highlight two reactions, quite different. "It bothered me. I'm Jewish. It was too much," says this woman. And says Kim Graham (ph), a Philadelphia minister, "The film isn't anti-Semitic. It's anti-sin." And that's the lead. Those are the leads in "The Philadelphia Inquirer."

Across the state in Pittsburgh, "The Pittsburgh Tribune Review." I haven't heard this story. I like it. "FBI Horded, Destroyed Oklahoma City Evidence. A White Supremacist Gang May Have Aided Timothy McVeigh." We'll read more about that story. It's an AP story reported by John Solomon. So we'll take a look at that and perhaps you will as well. 

"The Atlanta Journal-Constitution" has Haiti on the front page, and also the Clear Channel story. But this is a good local story for them. "Jamal Lewis Indicted by Feds." I think he plays in Baltimore, but the indictment came up, was handed up in Atlanta. "NFL Star is Charged With Conspiracy to Buy Cocaine in the Year 2000." That's an unfortunate story. We'll see how it plays out in court. How we doing on time, please? Fifty."Greenspan: Cut Social Security, U.S. Can't Afford Promised Benefits," he says. 

The lead in "The San Francisco Chronicle." I wanted to get to the Detroit paper, if I can, if I can find it here. Just play along with me. Oh, let's do this one, actually. This is "The Amelia Bulletin Monitor," Amelia County, Virginia. And this is the story that they wanted us to note. And we do. "VMI Cadets Called up For Active Duty." Five Virginia Military Institute cadets, who are also part of the Virginia Army National Guard, have been called to active duty.

"Chicago Sun-Times" leads thusly. "Greenspan: Social Security Must Be Cut. Fed Chairman Says Country Can't Afford Benefits Promised to Baby Boomers." That would be us, wouldn't it? The whether tomorrow, "dreamboat."Here is Soledad O'Brien with a look at what is coming up tomorrow on "AMERICAN MORNING."

 (BEGIN VIDEO CLIP) 

SOLEDAD O'BRIEN, CNN ANCHOR: Thanks, Aaron. Tomorrow on "AMERICAN MORNING," the Academy Awards ceremony is this Sunday. What are the most memorable moments from Oscar night? We have got the best and the worst of everything, from the hosts, the special performances, and those acceptance speeches. That's tomorrow, 7:00 Eastern -- back to you, Aaron.

(END VIDEO CLIP)

BROWN: Thank you. Will we -- let's do that again. Thank you. We will be with you tomorrow, but not until 10:30. But to make up for that, we'll go to midnight Eastern time. We hope you'll join us for that."LOU DOBBS TONIGHT" next for most of you. Good night for all of us. END

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.comPentagon Reviewing Policies On Sexual Assault; Democrats, Republicans use Greenspan Speech for Political Gain>

Tuesday, February 24, 2004

Bush Proposes Constitutional Amendment Banning Gay Marriage; Pentagon Charges Guantanamo Prisoners

Bush Proposes Constitutional Amendment Banning Gay Marriage; Pentagon Charges Guantanamo Prisoners

Aired February 24, 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.A colleague came into my office today and asked if I thought today was big. I knew exactly what he meant. Yes, I think today is big. Any time you talk about amending the Constitution of the United States you are talking big.Tonight we'll spend plenty of time on the question of gay marriage. We'll have a series of reports. We have a couple of guests with very different points of view. That's important to do and we'll do it but as all this goes along, this process which thankfully takes a while, we need to look long and hard at the larger question. Is this the sort of issue that rises to the level of a constitutional amendment? Is it up there with slavery or a woman's right to vote? Does it stand there next to free speech or the protection from unwarranted search and seizure by the government? Or, is it perhaps a smaller issue than that, not an unimportant issue, but smaller than the great issues we reserve or should reserve for the Constitution? Whichever, it is the bulk of the program tonight and it starts the whip. Our Senior White House Correspondent John King, John a headline from you.

JOHN KING, CNN SR. WHITE HOUSE CORRESPONDENT: Aaron, the president today insisted that gay marriage is an issue that meets that test, that high test of changing the Constitution. He says the most fundamental institution of civilization is at risk. His critics say perhaps the president is worried his conservative support is at risk -- Aaron.

BROWN: John, thank you. We'll get to you at the top tonight.On the Democratic side of what almost certainly now will be an election issue in the fall, CNN's Candy Crowley in Houston, Texas tonight, Candy a headline.

CANDY CROWLEY, CNN SR. POLITICAL CORRESPONDENT: Aaron, the truth is Democrats would rather not talk about gay marriage but there are some things beyond their control, so tonight John Edwards and John Kerry talked.

BROWN: Candy, thank you.Now to the question of how this is playing around the country and in San Francisco, which the last time I checked is part of the country. CNN's David Mattingly is there, David a headline from you.

DAVID MATTINGLY, CNN CORRESPONDENT: Aaron, it is an issue that is fiercely political and deeply personal. That's why we hear strong words on both sides of gay marriage tonight from San Francisco Bay all the way to Boston Harbor -- Aaron.

BROWN: David, thank you.And finally to the Pentagon, an entirely different matter, a decision to put a pair of prisoners from Guantanamo on trial, Jamie McIntyre at the Pentagon, Jamie a headline.

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT: Well, Aaron, Pentagon officials admit these two are not the biggest fish they're holding. One of them made a recruiting videotape for al Qaeda. The other drove Osama bin Laden around. But they are the first to face charges of war crimes and, Aaron, here's the kicker. Even if they're found not guilty the U.S. could still hold them in prison indefinitely.

BROWN: Jamie, thank you. We'll get back to you and the rest shortly.Also coming up tonight on the program the most talked about movie in a long time maybe ever, "The Passion of Christ," what's fact, what isn't, an expert's opinion tonight.And we'll end up the evening with a start on tomorrow morning, your papers for Wednesday, all that and more in a busy hour ahead.We begin tonight at the end of a pretty big day. We can say this with a fair degree of confidence because no matter where you stand on the question of gays and marriage and state's rights and all the rest, it is a very big day when the president of the United States enters the fray. It is bigger still when the president does so with an eye towards changing the fundamental law of the land. A number of reports tonight, beginning with CNN's John King.

(BEGIN VIDEOTAPE)

KING (voice-over): It is scenes like this in San Francisco that the president says left him no choice but to endorse a constitutional amendment banning gay marriage.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: A few judges and local authorities are presuming to change the most fundamental institution of civilization. Their actions have created confusion on an issue that requires clarity.

KING: The White House says Mr. Bush favors an amendment that defines marriage as between a man and a woman but lets individual states allow civil unions that give legal recognition and partnership benefits to gay couples.

BUSH: Our government should respect every person and protect the institution of marriage. There is no contradiction between these responsibilities.

KING: Such an amendment is a major priority for religious conservatives critical to Mr. Bush this election year and Democrats were quick to accuse the president of pandering.

SEN. EDWARD KENNEDY (D), MASSACHUSETTS: It's about politics, an attempt to drive a wedge between one group of citizens and the rest of the country solely for partisan advantage.KING: Gay rights advocates, including the Log Cabin Republicans, say the president can no longer claim to be a compassionate conservative.

PATRICK GUERRIERO, LOG CABIN REPUBLICANS: The president has jeopardized the over one million gay and lesbian votes he received in 2000. This is really a declaration of war on gay and lesbian families.

KING: Nearly two-thirds of Americans oppose gay marriage but not all of those opponents think the issue warrants changing the Constitution.

BILL MCINTURFF, GOP POLLSTER: It's about 50/50 as a proposition, so in other words this is not a slam dunk.KING: Amending the Constitution is no easy task. A proposed change first must pass both the House and the Senate with two-thirds support and then be ratified by 38 states.In the last campaign, Mr. Bush said gay marriage was a state issue but now aides say he was swayed by court rulings in Massachusetts, the thousands of gay weddings allowed in San Francisco in defiance of state law and where local governments in New Mexico and elsewhere might soon issue gay marriage licenses as well.

(END VIDEOTAPE)

KING: Now the president called on Congress to act promptly but even many social conservative allies on this issue doubt there are the votes in Congress to pass the proposed amendment this year, no doubt at all. Aaron, know that the president has now put this very emotional divisive issue front and center in the presidential campaign.

BROWN: And how will it -- I agree with you though I'm not entirely sure how it plays out in the campaign. Are they going to make ads about it? Is he going to make speeches on it or is it just there?KING: Unclear on the ad question. They do say this will be added quite soon to the president's routine stump speech and the Bush campaign is also saying this is another issue in their view on which Senator John Kerry of Massachusetts, the man they believe will be their opponent, has waffled, has had a number of different positions or has been evading tough questions on the issue. They insist they're doing this not to divide the country, yet they also say privately more than publicly that they believe this is an issue that benefits the president.

BROWN: John, thank you, our Senior White House Correspondent John King. John touched a bit on the politics of this, at least as it is seen in the White House. Now the challenge facing the Democrats who find themselves facing a wedge issue, if you will, sharp end first.Here's CNN's Candy Crowley.

(BEGIN VIDEOTAPE)

CROWLEY (voice-over): Gay marriage is a loser issue for Democrats. Supporting it turns off culturally conservative voters in southern and must win swing states. Opposing it ticks off the culturally liberal base.Both John Kerry and John Edwards are against gay marriage and against a constitutional amendment to ban it, which makes the whole issue mighty uncomfortable.Why are you opposed to gay marriage?

SEN. JOHN EDWARDS (D), PRESIDENTIAL CANDIDATE: I just don't support gay marriage myself personally.

CROWLEY: Why?

EDWARDS: Because I don't think it's the right thing to do.

CROWLEY: You don't think it's the right thing to do. Don't you think that...

EDWARDS: Thank you all very much.

CROWLEY: They really, really would rather not talk about this.

EDWARDS: I don't know.

SEN. JOHN KERRY (D), PRESIDENTIAL CANDIDATE: Because I believe as a matter of belief that marriage is between a man and a woman. That's my belief.

CROWLEY: This is a particularly sticky wicket for Kerry, one of only 14 Senators who voted in 1996 against the Defense of Marriage Act, defining marriage as between a man and a woman. Bottom line from both the Senator candidates, leave gay marriage to the states and change the subject.

EDWARDS: Well, what this indicates is the president is not in touch with what's going on with people's lives. I mean if he really wants to help married couples, what he should be doing is helping them with all their economic problems. 

CROWLEY: In Georgia for a second day, Edwards put his best foot forward walking presidentially down the grand staircase of the State House with allied lawmakers. In a twist only politics can provide, Edwards opened his standard stump speech attacking the president for only picking on John Kerry.

EDWARDS: And, by the way, today I've got a message for somebody in Washington and that message is this. Not so fact George Bush, you don't get to decide who our nominee is.

CROWLEY: Kerry, working his way through Ohio on a jobs tour didn't like the president's Monday night speech either.

KERRY: Last night was almost a fantasy speech about a world that doesn't exist for most Americans. I believe we deserve a president who is going to fight to make the playing field fair for the workers of this country.

CROWLEY: But, hey, at least he got picked on.

(END VIDEOTAPE)

CROWLEY: The end of the day the Senators John had this tally, gay marriage two nays, a constitutional amendment against gay marriage two nays, George Bush's speech two nays -- Aaron.

BROWN: Well that part is simple enough. I gather from all of this you will not hear unless forced, maybe at gunpoint, the Democrats talking about this at all.

CROWLEY: You know it's not a real workable issue. Now there are, you know, pockets of the country where it is. When they're in front of liberal groups at fund-raisers, when you see some of the party's core out there don't doubt this is also an issue that activates, and I think we heard this in John's speech -- I'm sorry in John's piece, that in fact this does activate those who are pro-gay marriage. So, the calculation here is by the White House is that there are more who side with the president than who side with the Democrats and, at the moment, that is also the Democrats' calculation, not something they want to bring up in most places in the country.

BROWN: Candy, thank you very much, Candy Crowley tonight.If there is any doubt how fierce this debate might become, consider where it is already going. Politicians like mobsters and radio shock jocks generally abide by an unwritten law. Family members, especially kids, are off limits. But in a debate that's all about family, what defines one, who gets to create one, the guidelines can become very confused.

(BEGIN VIDEOTAPE)

JOHN ARAVOSIS, CREATOR, WWW.DEARMARY.COM: Dear Mary: This Friday morning we were married in San Francisco after driving all night from Los Angeles. The lines were long but I wish you could have been there to see the tremendous outpouring of joy and happiness and love...

BROWN (voice-over): "Newsweek" has called it an audacious surprise attack.

ARAVOSIS: Dear Mary: I know you've heard it many times before but how could you let this happen?

BROWN: Political opponents say it is tacky and disrespectful.

ARAVOSIS: Do something, Mary. You have an obligation to yourself and to every gay and lesbian person in this country. Speak out for what's right.

BROWN: It takes the purely political and makes it intensely personal.

ARAVOSIS: You're scared to oppose your father's opinion. Wow, you should be proud of who you are.

BROWN: The Web site is dearmary.com and the Mary that these more than 9,000 postcards are addressed to is the openly gay daughter of Vice President Dick Cheney.

ARAVOSIS: You know what, Dick Cheney talks about my family. I can talk about his family. Let's talk about gays. Let's talk about their relationships. Let's talk about your kids whether they're gay or not and whether that's okay.

BROWN: In the year 2000, Mary Cheney was a visible member of her father's campaign even though according to "The Washington Post" she had a long term female partner and wore what appeared to be a wedding band. Indeed, her father defended the right to free choice.

DICK CHENEY, VICE PRESIDENT OF THE UNITED STATES: People should be free to enter into any kind of relationship they want to enter into. It's really no one else's business in terms of trying to regulate or prohibit behavior in that regard.

BROWN: That was four years ago. Last month, the vice president appeared to retreat from his earlier stance saying he would support whatever the president's position was on gay marriage.Mary Cheney is now a senior member of her father's political team and has made no public comment and a campaign spokesman refused CNN's request for an interview.

ARAVOSIS: She's running her father's political campaign now for reelection. We think it's highly relevant to ask his campaign director what they feel about gay relationships when last we heard she's in one.

BROWN: And so with a touch of humor the battle is joined.

(END VIDEOTAPE)

BROWN: And it is just beginning.Still ahead on the program tonight we'll come back to the issue of gay marriage, a discussion in our second half hour, a look at the reaction from around the country as well.And we'll talk with Andrew Sullivan and Dr. James Dobson who see this all quite differently.Up next the first charges have now been filed against prisoners at Guantanamo Bay. We'll have the latest on that.And in Segment 7 tonight, Mel Gibson's movie "The Passion of Christ," what does it tell us about how Jesus died? How accurate is it, that and more as NEWSNIGHT continues from New York.

(COMMERCIAL BREAK)

BROWN: A first today in the Bush administration's war on terror, the country's war on terror as well. The Pentagon has brought formal charges against two of the prisoners being held at the U.S. military base at Guantanamo Bay in Cuba. Both men are believed to be members of al Qaeda and both will be tried before a military commission.Here's our Senior Pentagon Correspondent Jamie McIntyre.

(BEGIN VIDEOTAPE)

MCINTYRE (voice-over): The first al Qaeda detainees to face charges are described in Pentagon indictments as bodyguards and drivers for Osama bin Laden and are accused of helping bin Laden plan and carry out terrorist attacks. The formal charge is conspiracy to commit war crimes. In a Pentagon statement, a Yemeni suspect, Ali Hamza Ahmed Sulayman al Bahlul is described as "a key al Qaeda propagandist who produced videos glorifying the murder of Americans."He's said to have made this recruiting video about the October, 2000 attack on the USS Cole to motivate other al Qaeda members to continue attacks against the United States.And the documents alleged he was also ordered by bin Laden to arrange a satellite downlink to watch the September 11 attacks but failed because of the mountainous terrain.A Sudanese man, Ibrahim Ahmed Mahmoud al Qosi is identified as "a key al Qaeda accountant, bin Laden bodyguard and weapons smuggler." He is said to have shepherded bin Laden around Afghanistan and helped him flee from Kandahar as U.S. forces were closing in, in late 2001.The accused have not yet met with their Pentagon-appointed attorneys who are echoing the concerns of human rights groups that the military commissions fall short of American standards of justice. 

LT. CMR. PHILIP SUNDEL, DEFENSE ATTORNEY: We have very, very grave concerns about whether our client can get a fair trial in this process. The process is not designed with the checks and balances that we expect to see in a criminal justice process.

(END VIDEOTAPE)

MCINTYRE: These two men are the first charged but they're not the most important al Qaeda suspects held by the U.S. in Guantanamo. In fact, neither one will face the death penalty.It's also the case though that even a not guilty verdict will not guarantee they'll be freed. The Pentagon has made it clear they plan to hold onto anyone that they think poses a future risk despite what the military commissions decide -- Aaron.

BROWN: Ultimately, the courts are getting involved in this. The Supreme Court will get involved in this. Do you have any idea who the witnesses are to this, how this is going to unfold?

MCINTYRE: Well, it's not clear that there will be witnesses. Looking at the charges they filed in this case, for instance, one guy is charged with making a videotape, the other one with driving bin Laden around and shepherding him around the country.The defense attorneys say they have yet to see any of the evidence against their clients. In fact, they've yet to talk to them. They're just trying to get an interpreter.So, as they announced these charges today, these defense attorneys are just trying to figure out how solid the case is. They say they're not happy with the process but they're just hoping that the military judges will "do the right thing."

BROWN: And a process question, are they -- do they have a Fifth Amendment protection against self incrimination?

MCINTYRE: Well, they do to an extent but there are some differences between these military commissions and the U.S. justice system. For instance, in certain circumstances, the government in these cases can actually eavesdrop on conversations between the defendants and their attorneys and that's something obviously that would be strictly prohibited in the U.S. regular criminal system.

BROWN: It would be. Jamie, thank you very much, Jamie McIntyre at the Pentagon tonight.The Money Line Roundup starts tonight with Martha Stewart and the answer to the burning question ever since her trial began. Will she testify? Late today her lawyer said no. He expects to call just a single witness tomorrow on her behalf and then rest his case."Fortune" magazine is out with a list of the most admired companies and, for the second year running, Wal-Mart is number one. Berkshire Hathaway, that's Warren Buffett's company, came in second and Southwest Airlines came in third. Companies are me in second and Southwest Airlines came in third. for the second year running, Wal- Mart is number one, ranked by "Fortune" based on investment value, along with quality of service, products and their management.Consumer confidence took a dip for the month, the confidence (unintelligible) index falling to the lowest level since October this after more hopeful numbers in January.Wall Street in the meantime had a lackluster day, which is to say it was down all of it. Market watcher say not so much profit taking as a shortage of buyers keeping prices low today.Still ahead on NEWSNIGHT tonight, "The Passion" how accurate is it.And up next, America's top two intelligence figures defend their agencies on Capitol Hill, we take a break first.This is NEWSNIGHT on CNN.

(COMMERCIAL BREAK)

BROWN: A quick roundup of some of the stories that made news around the country today starting with two more audio tapes claiming to be from al Qaeda. The CIA says it believes the voice on both tapes is probably Ayman al-Zawahiri, the al Qaeda second in command. The taped messages, which aired on two Arab satellite news networks, warned of more attacks like those on 9/11 and criticized France's push to ban Islamic head scarves in schools.On to the al Qaeda manhunt, today U.S. military officials say the man believed to have been a top aide to Abu Musab al-Zarqawi was killed last week in a U.S. raid in Iraq. Zarqawi was suspected of writing a letter to al Qaeda seeking help with the insurgency targeted in the U.S.-led coalition and Iraqis who cooperate with the United States, the U.S. government offering a $10 million bounty for information leading to Zarqawi's arrest.In Morocco, the northern part of the country, aftershocks continue tonight following a 6.5 earthquake that struck the region before dawn. Here are the latest numbers 564 people believed to have died, another 300 hurt in the quake, most of the victims women and children. The men in the region mainly work overseas.In Washington, the Senate Intelligence Committee held its annual hearing on worldwide terror threats today. It coincided with a "New York Times" report today that German intelligence officials gave the CIA the first name of one of the 9/11 terrorists back in March of 1999, asked the CIA to check him out.When asked about the report during his testimony today, the CIA Director George Tenet defended his agency, said he would discuss the issue in more detail in a closed session with the committee, which brings us to the public portion.Here's CNN's David Ensor.

(BEGIN VIDEOTAPE)

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): On a day when another threatening audio tape from al Qaeda was made public, a stark assessment from the nation's intelligence chiefs of the continuing terrorist threat.

GEORGE TENET, CIA DIRECTOR: Even catastrophic attacks on the scale of 9/11 remain within al Qaeda's reach. Make no mistake these plots are hatched abroad but they target U.S. soil and those of our allies.

ENSOR: Tenet said Osama bin Laden's group is still trying to attack with poison, chemical, biological, nuclear or a dirty bomb and said even if bin Laden himself is killed or captured the danger will remain for the foreseeable future. FBI Director Robert Mueller said the terrorists' potential targets are varied.

ROBERT MUELLER, FBI DIRECTOR: Our transportation systems across the country, particularly subways, bridges in major cities, as well as the airlines, have been a continual focus of al Qaeda targeting.

ENSOR: Several Senators had pointed questions about why U.S. intelligence said Iraq had weapons of mass destruction before the war when none have been found.

SEN. RICHARD DURBIN (D), ILLINOIS: How can you build a policy of preemption on intelligence if we were so wrong in the lead up to the invasion of Iraq?

TENET: We're not perfect but we're pretty damn good at what we do and we care as much as you do about Iraq and whether we were right or wrong and we're going to work through it in a way where we tell the truth as to whether we were right or wrong.ENSOR (on camera): Tenet said the CIA-led team in Iraq looking for weapons is still getting new leads to follow up. He may get a more intense grilling on the WMD shortfall Thursday at a Senate Armed Services Committee hearing.David Ensor, CNN, Washington.

(END VIDEOTAPE)

BROWN: Still to come on NEWSNIGHT, we'll check morning papers, as always.Up next, we go back to the major story of the day, the president's proposal for a constitutional amendment to ban gay marriage, how that is likely to play in an election year, take a break first.Around the world this is NEWSNIGHT

.(COMMERCIAL BREAK)

BROWN: Back now to where we began the program and the night, and where we expect to return often in the months ahead. It seems fair to call them fighting words, President Bush saying he'll back a constitutional amendment that bans same-sex marriage. The news wasn't unexpected. The president had warned he might do so. But expected or not, it eclipsed a lot of other news today. Everyone seems to have a reaction. On the reaction, here's CNN's David Mattingly. 

(BEGIN VIDEOTAPE) 

UNIDENTIFIED MALE: For better or for worse. 

DAVID MATTINGLY, CNN CORRESPONDENT (voice-over): When, Ella Johnson and Erma Daniels (ph) decided to marry after years together, they wanted their I do's to be as much a political statement as a personal commitment. And just minutes after the president spoke in support of a constitutional amendment banning gay marriage they got their wish. 

UNIDENTIFIED FEMALE: It just made me want to get up and rush down there faster before he made any moves, before they passed any constitutional laws or whatever. 

MATTINGLY: It is a message multiplied 3200 times and climbing at San Francisco city hall, where same-sex marriages continued for an 11 day. San Francisco Mayor Gavin Newsom sharply critical, comparing the president's support for the amendment to standing in the courthouse door obstructing equal rights. 

GAVIN NEWSOM (D), MAYOR OF SAN FRANCISCO: And I'll be honest with you, you know, the president, he can happily stand and fly on some aircraft carrier anytime he wants but he should keep his hands off the constitution of the United States of America. 

MATTINGLY: The strong words are just one sign of how fiercely political and deeply personal the issue was before the president even spoke. 

UNIDENTIFIED FEMALE: I'm proud that against gay marriage. I'm glad he made that presentation. 

MATTINGLY: It's a question of who should decide, the courts, where gay marriage supporters believe the Constitution is on their side, or the voters, where a clear majority is against gay marriage. 

GOV. MITT ROMNEY (R), MASSACHUSETTS: I don't think anyone ever imagined that we would have courts and local officials defining marriage in a way that has no historical precedent whatsoever and claiming that it's been in the Constitution all along. 

(END VIDEOTAPE) 

MATTINGLY: Nonetheless that constitutional question headed back to court here in California. In the meantime, state Attorney General Bill Lockyer says he wants the state Supreme Court here to weigh in on this issue and decide if the city of San Francisco should be allowed to continue issuing licenses to gay couples -- Aaron. 

BROWN: So does that mean he's going to somehow take to it the Supreme Court? Does he have standing to take it to the Supreme Court? How is that going to happen? 

MATTINGLY: He is going to file with the state Supreme Court, asking the state's high court to go ahead and rule on this, bypassing all of the legal cases that are now pending against the city of San Francisco. He wants to bypass all that and hopefully get a quicker resolution by going straight to the top. 

BROWN: David, thank you very much -- David Mattingly with us tonight. On now to Colorado Springs, Colorado. We're joined by James Dobson. Dr. Dobson is the founder and, as many of you know, the chairman of the board of Focus on the Family. Pleased to see him with us tonight. Let's see how much ground we can cover, sir, in 4 1/2 minutes. In a sense, why does it matter to you what a couple in San Francisco does, calls itself, behaves? How does it affect your life, your city, your culture, or anything else? 

DR. JAMES DOBSON, PRESIDENT, FOCUS ON THE FAMILY: Well, Aaron, it affects the entire nation and, through the United States, the entire world. What's at stake here is the future of the family itself. You know, for 3,000 years, marriages have been honored in law and in custom in cultures all over the world. And all of a sudden now, there's this stampede to change the understanding of the Constitution and the understanding of the family. And it has incredible implications. It's a social experiment that is certain to lead to disaster, in our view. 

BROWN: I understand that. I wonder if I can bring you back to the question. Can you tell me how it causes you or the culture any harm? We heard from somebody last week, a couple that had just gotten married, two men. And they said that, when they go to the hospital now, they can answer that question, yes, we are family. Why is that a bad thing? 

DOBSON: Well, you know, there are ways to address rights to such activities as that. There's a way -- there are ways to deal with that, not only for gays, but for, we'll say, two widows or a brother and sister or others who are committed to each other. There are ways that that can be handled. But don't call it marriage, because, when you begin to redefine marriage, then there's no place to stop. Instead of basing the definition of marriage on tradition and, in our case, theology and on the Constitution and other things, when it comes down to rights, then it can be anything anybody calls it. And so that's an open door to polygamy, to group marriage, to marriage that the state has no interest in, so people are coming and going. That's exactly what's happened in Scandinavia, where 60 percent of the families are now breaking up and 60 percent of the children live in situations where there is a marriage out of wedlock. It has destroyed marriage there and it will destroy it here. 

BROWN: Let me -- I'm really working hard at understanding this, truly. How does the marriage of two gay people impact the family lives of two straight people? Why would it cause the breakdown of straight family life? 

DOBSON: I'm trying real hard to explain it to you here. BROWN: I know you are. And I appreciate it. 

DOBSON: And I don't think you're listening to me. 

BROWN: I'm listening to every word, sir. That's not fair. 

DOBSON: I am concerned about the impact of this decision on the nation. You don't make your policy decisions on the basis of a couple or an individual. You make it in terms of the social experiment that's involved here and what will happen if we go in this direction. What it means is that the definition of marriage will mean everything. And when it means everything, it means nothing. 

BROWN: OK. 

DOBSON: That means you have instable families, with people going and coming. And you have children, especially boys, who do not function well with a lack of stability. And that has all kinds of social implications. 

BROWN: Are you more accepting of the idea of civil unions, something that provide the same legal guarantees of marriage, but under a different word? 

DOBSON: No, that's what we call a quasi-marriage. And I think that weakens and interferes with the stability of marriage itself. I've already mentioned that the so-called rights issue can be dealt with. But just don't call it marriage. You have to protect the sanctity of marriage. And even though you don't understand what I'm saying, Aaron -- and I don't mean any disrespect -- but 66 percent of the American people oppose gay marriage. 

BROWN: No, I understand that. 

DOBSON: This is not a right-wing, extremist view. This is the way it has been for 3,000 years. 

BROWN: I'm sorry. I just want to come back one more time on this one, because I got confused.You said it's OK to give people of all -- straights, cousins, whatever -- a legal umbrella on which to operate under, but you don't want to call it civil unions either? Is that correct, just so I'm clear?

DOBSON: Well, what we're really talking about here is the distribution of rights. 

BROWN: Right. 

DOBSON: Let's suppose we're talking about insurance and other things. If you're going to single out those who say they are gay -- and all we have to go on is their explanation of that -- and then they get something that other people don't, if you're going to distribute those kinds of rights, you need not to be discriminatory, but to give it also to, as I mentioned before, two widows who are committed to each other, two sisters, two brothers, others who live in a household like that. 

(CROSSTALK) 

DOBSON: But don't call it marriage. You can even have it one man and one woman. But don't base it on a sexual relationship. It ought to be nondiscriminatory, if you're going to do that. 

BROWN: Good to talk you too you, sir. It's always nice to see you. Thank you. 

DOBSON: Good to talk to you, Aaron. 

BROWN: Thank you, sir, very much. We'll talk with the writer Andrew Sullivan, who sees this a bit differently, after the break. This is NEWSNIGHT. 

(COMMERCIAL BREAK) 

BROWN: Andrew Sullivan is a writer and a blogger. He opposes abortion, tough on defense, voted for President Bush in the last election, but won't, he says, in the next. In his latest blog, he writes: "The Republican Party today lost the support of most gay people for a generation."Mr. Sullivan joins us from Washington tonight. We're always pleased to see him. And we are tonight. In a way, I think we're picking up on where we left off last week or the week before. Look, did the -- has the gay community, has your community pushed too far too fast in a society that can't, in some respects, keep up with it? 

ANDREW SULLIVAN, ANDREWSULLIVAN.COM: No, I don't think so. I think families and friend and people are happy to talk about this, are open to this. And we've been discussing it across the country in different states. What happened today is, the president said, enough. We're not going to let the states decide. We're not going to let legislatures and courts hassle this out. We're not going to let people find their own way to an end. We're going to actually put this in the Constitution of the United States, which is a huge body blow to any gay person in this country. It's the equivalent of saying, you're no longer really a fully equal citizen in this country. We're going to actually single out a group of people in the Constitution and say, you are going to not have equal rights in this respect. I think, you know, a law, other things are tolerable and passable and we can talk about them and debate. But the Constitution, even if you disagree with marriage rights for gay people, to actually put that in the Constitution of the United States is an incredibly extreme and radical measure. 

BROWN: Actually, just as an aside, I think one of the most interesting things of whatever it is that is in front of us on this issue is exactly that question, whether people, regardless of how they feel about the issue of same-sex marriage, think it, as we said at the beginning, rises to the level of a constitutional amendment. The president said these amendments are reserved for really important issues and this is a really important issue. It's culturally important. 

SULLIVAN: But the Constitution has never been used to deny a group of people rights in this country. And to use a very explosive and emotional cultural issue that divides people and stirs up emotions, as it inevitably will, and to put that in the Constitution is really I think a step. I'm an old-fashioned conservative, believes that states' rights matters, that we should actually allow the states to take up a different position on this. I think Massachusetts will always have a different view than Alabama. And I think the whole genius of federalism is that one state can go one way, another state can go another. But what the president is saying is that he wants every state, regardless of their own position, to have the same position. And that, I think, is a terribly divisive and aggressive move.

BROWN: I know I've asked this before of you. And I'm going to again. In a sense, why not take all of the legal protection of marriage, every ounce of it, OK, but just call it something else? It will make a lot of people a lot easier to deal with right now. 

SULLIVAN: Well, some people are proposing that around the country. 

BROWN: Yes. 

SULLIVAN: But, remember, that this amendment to the Constitution would ban that as well. 

BROWN: Well, we don't know that, because there is -- I mean, again, there are a number of theories about the president specifically said that he did not support that notion today. 

SULLIVAN: But he endorsed the Musgrave amendment, which bans marriage and all the legal incidents thereof. And you heard James Dobson just before saying he doesn't approve of anything that would give gay couples civil acknowledgment and civil recognition. The amendment, as it is currently written, would strip gay people of any protection whatsoever in their relationships. It would invalidate Vermont civil unions and it would invalidate Massachusetts civil unions and California civil unions. 

BROWN: Do you think it is possible that this debate, which will probably play out over a period of not months, but maybe years, might, in the end, be good for the gay community, that it might force people to think about issues they have not wanted to think about and you may come out of this a winner? 

SULLIVAN: I think we already have in many respects. I think the sight of those people in San Francisco lining up around the block, they're not threatening anybody. They want to live their lives in peace and quiet and commitment. These are conservative values of committing to one another in fidelity and love and family. How this can be a threat to anybody, I don't know. I welcome this debate. I just think taking it to the level of the Constitution is like dropping a nuclear bomb on this debate and silencing it forever. We need time and space and we need the states to be left alone to decide this for themselves. 

BROWN: Are you going to vote in November? 

(LAUGHTER) 

SULLIVAN: I'm not going to -- I can't, as a gay person, support any party that wants to strip a person of basic civil rights. It's just -- I can't imagine that a president would do that, would single out a group of people and say, you guys and only you guys, cannot have the same rights as everybody else. I think it's appalling and unconscionable. And I hope that the Senate and the House and other responsible people prevent it from happening. 

BROWN: Always good to see you. Thank you. 

SULLIVAN: Thank you very much. 

BROWN: Thank you very much. Up next, what may be tomorrow's controversial topic. We expect it will be, Mel Gibson's "The Passion." How much of what viewers will see when the movie premieres on Wednesday is fact? From New York, this is NEWSNIGHT. 

(COMMERCIAL BREAK) 

BROWN: "The Passion of the Christ" opens tomorrow nationwide. And we're guessing we don't have to tell you, it's Mel Gibson's controversial new movie, which has been triggering protests and raids for months. Google Mr. Gibson and the title and you'll get more than 55,000 results. By now, we know the two-hour film is a dramatic and graphic, quite graphic, recreation of the last 12 hours of Jesus' life, his crucifixion. It's not a documentary, but Mr. Gibson has said he was committed to making his movie as realistic as possible. So how accurate is it? Here's NEWSNIGHT's Beth Nissen. 

(BEGIN VIDEOTAPE) 

BETH NISSEN, CNN CORRESPONDENT (voice-over): Should viewers of "The Passion of the Christ" take Mel Gibson's vision as gospel? The work of scores of biblical scholars and historians was summarized in the "Newsweek" magazine cover story, "Who Really Killed Jesus?" by managing editor Jon Meacham, himself a student of biblical history. He has seen the movie twice. 

JON MEACHAM, "NEWSWEEK": I think the basic means of crucifixion in Gibson's movie is essentially right. This was a terrible way to die. 

NISSEN: Only a few of the film's horribly graphic details are in dispute. Gibson shows nails being driven into Christ's palms, which conflicts with archaeological findings. 

MEACHAM: Most suggests that the nail would go through the wrist, which would obviously physically keep you on the cross. 

NISSEN: Otherwise, Gibson's bloody depiction of Christ suffering on the cross is in accordance with historical sources on this commonly used form of capital punishment. 

MEACHAM: Death by crucifixion was wretched, horrible, violent. It's the reason we have the word excruciating. 

NISSEN: The film also accurately portrays the public nature of this form of execution for those found guilty of sedition in Roman- occupied Palestine. 

MEACHAM: The point of the cross was that it was a public warning to others. You were on that hill. You were on those pieces of wood. And the message was, if you don't fall in line, this will happen to you. 

NISSEN: Gibson's film diverges more from historical even some biblical sources in its depiction of how Jesus was sentenced to death and by whom. 


MEACHAM: The central historical problem is Pilate. That's where he went sort of off the rail, by making Pilate such a good guy. 

NISSEN: The film depicts Pontius Pilate as a Roman leader concerned with justice, reluctant to sentence Jesus to death, but persuaded to do so by a Jewish mob and the temple high priest, a portrayal that doesn't square with historical records of Pilate's tyrannical rule. 

MEACHAM: One historian describes Pontius Pilate as stubborn, cruel, and of inflexible disposition, quite the opposite of the just Roman ruler. 

NISSEN: Gibson chose to use the Bible as his key source, which, for historians, is problematic. 

MEACHAM: The Gospel accounts may contain important spiritual truths, theological truths, but they're not necessarily documents in which the chronology of events, the nature of events in time can be taken as literally true. 

NISSEN: And biblical scholars, even Catholic leaders fault Gibson for how he's used the Gospels, making a composite of the New Testament's four varying accounts of the crucifixion. Gibson, for example, ignored a passage from the Book of John in which it is the chief priests and temple officers who call for Jesus' crucifixion and instead blends accounts from the other three books that stress the role of the crowd. 

MEACHAM: If you take "Let his blood be upon us and upon our children" line from Matthew and put it in the larger crowd scene, before Pilate, then you get a sense that the Jewish mob made that cry, as opposed to a certain element of the Jewish society at that time. You could come away from this movie believing that the Jews killed Jesus. That's not what happened. 

NISSEN: What did happen? Who did kill Jesus? 

MEACHAM: As a matter of history, Pontius Pilate and the Roman Empire killed Jesus. It was Pontius Pilate saying, if you think you're the king of the Jews, this is what happens to you, because there's only one king of the Jews, and that's Caesar. 

NISSEN: Historians and scholars know there will be many who take this film on faith. 

MEACHAM: People will go to see this never-ending story, this eternally, perennially fascinating story that is only going to stop being told when the kingdom of God comes. 

NISSEN: And will surely be discussed as to its truths, its details until then. Beth Nissen, CNN, New York. 

(END VIDEOTAPE) 

BROWN: Morning papers after the break. (COMMERCIAL BREAK) (ROOSTER CROWING) 

BROWN: OK, time to check morning papers from around the country. This is the kind of news day that's going to sell a lot of papers, because you got some hot-button issues out there. And we'll do them quickly.

"Dallas Morning News": "Bush Backs Gay Marriage Ban. Candidates Won't Be Able to Hold Their Peace on Tricky Issue." I don't disagree with that. They also -- the Mel Gibson movie is on the front, too: "Too Young For Passion. Experts Say Gibson Film Can Uplift or Overwhelm Them." That's "The Dallas Morning News." Not far away. 

I don't know why we're into Texas tonight, but "The San Antonio Express-News." "Bush Attacks Gay Marriage" is the way they phrase it, the editors at that fine newspaper. "Philadelphia Inquirer" leads also with the gay marriage ban. "Bush Seeks Gay Marriage Pan," pretty straightforward, "Urges Congress to Amend Constitution." 

What I found interesting up there, I guess this is Pennsylvanians. Less than half of Pennsylvanians support the idea of a constitutional amendment, though 64 percent oppose gay marriage. So people are starting to think about whether that balance and whether the issue rises to a constitutional amendment. 

"The "Richmond Times-Dispatch." "Bush Wants Ban on Gay Marriage" on one side. "Rugged Cross" is the headline on the Mel Gibson movie. I don't mean this crassly, but this is the most brilliantly marketed movie I've ever seen in my life. It is unbelievable.How we doing on time, Terry (ph)? Thank you. 

"Passion's Cross" is the headline in "The Detroit Free Press." And down in corner, "Bush Wants Ban on Gay Marriage." So everybody around the country pretty much leading the same way. "Bush Wants Ban On Bay Marriage. President Calls For Amendment to Block Activist Judges And Local Officials. Dems Say He's Pandering to the Right." 

That's the way "The Chicago Sun-Times" headlines it. But you can't see "The Sun" thing, because they have got this big darn baseball there. The weather tomorrow in Chicago is adequate. That's morning papers. Here's 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 here on "AMERICAN MORNING," a high school wrestler in the biggest fight of his life, trying to remember it. He developed amnesia when he hit his head during a championship match. Now, what can doctors do and his family to try and bring back his past? Sanjay helps us with this very intriguing story, tomorrow morning, 7:00 a.m. Eastern time, right here on "AMERICAN MORNING." Hope to see you then -- Aaron. 

(END VIDEO CLIP) 

BROWN: Bill, thank you. Thank all of you for joining us tonight. "LOU DOBBS" is next for most of you. And all of us and perhaps all of you will be with us tomorrow, 10:00 Eastern time. Until then, good night for all of us at NEWSNIGHT. 

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