Tuesday, March 9, 2004

White House softens position on amount of time 9/11 commission will have with President Bush; British detainees released from Guantanamo Bay

White House softens position on amount of time 9/11 commission will have with President Bush; British detainees released from Guantanamo Bay

Aired March 09, 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.Life even for presidents is full of no win situations and the 9/11 commission is one of them it would seem. When the independent commission was first proposed, the president opposed it believing the matter would better be dealt with by Congress. Lots of people, even in Congress, disagreed. Many of the victims' families really disagreed and the White House backed down.When the commission said it needed more documents, the White House was less than eager to comply. The word subpoena was heard. The White House gave in. The White House opposed the extension for the commission. Again, the families objected and, again, the White House relented.In that regard, we seem to begin the program and the whip with a case of deja vu. Tonight, it centers on how much time the commission gets to question the president. Our Senior White House Correspondent John King with the watch and starts us off with a headline -- John.

JOHN KING, CNN SR. WHITE HOUSE CORRESPONDENT: Aaron, the White House insisting today, contrary to what Democrat John Kerry says that this president is not stonewalling that 9/11 commission but the president has promised to give the chairman and the vice chairman an hour, the White House getting a little softer in tone today saying no one will be watching the clock. The president will answer all the questions -- Aaron.

BROWN: John, we'll get to that at the top tonight.Questions tonight surrounding five citizens of Britain detained at Guantanamo Bay, CNN's Sheila MacVicar with that, Sheila the headline.

SHEILA MACVICAR, CNN SR. INTERNATIONAL CORRESPONDENT: Aaron, those five British men have been returned to the U.K. in just the last couple of hours. Four of them are with police and will be questioned. The fifth man, after two years in detention at Guantanamo Bay, has been released and is reunited with his family tonight -- Aaron.

BROWN: Sheila, thank you.Candy Crowley next on the Tuesday after Super Tuesday, primaries tonight, Candy a headline. 

CANDY CROWLEY, CNN SR. POLITICAL CORRESPONDENT: Aaron, it was a clean sweep of the Gulf States for John Kerry meaning he has now won 33 out of 36 primaries or caucuses. This primary race is done. It's just not quite over.

BROWN: Candy, thank you.And finally how states keep track of sexual predators or fail to, as the case may be, with that CNN's Deborah Feyerick, Deb a headline.

DEBORAH FEYERICK, CNN CORRESPONDENT: Aaron, convicted sexual predators are supposed to register with local authorities, so why aren't they? The numbers who have simply vanished will astound you.BROWN: Deb, thank you. We'll get back to you and the rest shortly.Also ahead on the program tonight, life after the lie, former "New York Times" Correspondent Jayson Blair, is he telling the truth now that he's written a book about making up stories?A little bit later, a bird who always tells the truth stops by with a look at your morning papers for tomorrow. The rooster is nothing but truthful, all of that and more in the hour ahead.We begin with what appears to be a change of mind. The White House seemed to say today the president may allow himself to be questioned for more than an hour by the chairman of the 9/11 commission, seemed to say that, not in so many words, not exactly.How much time Mr. Bush will spend in the meeting is the latest bone of contention for those who accuse the administration of not fully cooperating with the commission it created, including Mr. Bush's presumptive opponent come November.We begin with our Senior White House Correspondent John King.

(BEGIN VIDEOTAPE)

KING (voice-over): The White House took umbrage at Senator Kerry's charge that the president is stonewalling the 9/11 commission.

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: I don't think he's someone who lets the facts get in the way of his campaign. I think I've made it very clear the type of unprecedented cooperative this commission -- that this administration is providing to the commission.

KING: The issue dominated the White House briefing a day after Senator Kerry said if the president has time to attend events like this rodeo he should be able to spend more than an hour answering questions from the commission.

SEN. JOHN KERRY (D), PRESIDENTIAL CANDIDATE: This president has been stonewalling the effort of our own country to know what happened.

KING: The White House says it has given the commission more than two million documents, 50 discs containing radar, flight and other information, dozens of interviews with administration officials, and more than 100 briefings.Given that, the official line is the hour the president has promised to spend with the panel's chairman and vice chairman should suffice but note this somewhat softer tone.

MCCLELLAN: Obviously, the president is going to answer all the questions that they want to raise.

KING: And if those questions run more than the allotted hour?

MCCLELLAN: Nobody is watching the clock, Terry, but again there is a reasonable period of time that has been set aside for this meeting.

(END VIDEOTAPE)

KING: So, an apparent opening there for the questioning of the president to run more than an hour. Jus when will that meeting take place? That is still the subject of negotiations and, Aaron, in those negotiations the White House is still holding firm on these points. It says the meeting with the president will be held in private and it says that meeting will be limited only to the chairman and the vice chairman not the entire commission.

BROWN: Fair to say that what the White House wanted to do today was take a no win situation for the president off the table?

KING: No doubt about that at all. The interesting point is though that the commission even says it always expected this meeting to run more than an hour. This is another one of those occasions when everyone assumed once the chairman and the vice chairman go to the room with the president, if they needed an extra 15 minutes or an extra 20 minutes that that would of course happen.The White House kept saying an hour, an hour, an hour. Senator Kerry hit them yesterday, the White House insisting today's softer tone had nothing to do with Senator Kerry's criticism but it did come the day after.

BROWN: Well, right. We'll let viewers sort that out. I guess the question here is for a very sharp political organization that the White House is, how does it get itself into the same situation with the 9/11 commission over and over again or, maybe not how, but why?KING: Well, the White House insists there are important historical precedents to defend here. The commission is technically a legislative body. Presidents do not appear before Congress or legislative bodies. The White House always notes that President Johnson refused to testify before the Warren Commission and he was a witness. He was in the car behind President Kennedy when he was assassinated. He only sent a letter to the commission. Critics though also say that this president says 9/11 was a defining day in history that it changed everything that perhaps he should change the practice of a president not appearing and, in appearing, perhaps he should appear publicly but the White House says he simply won't do it.BROWN: John, thank you, good to see you, our Senior White House Correspondent John King tonight.On now to Guantanamo Bay where hundreds of terrorist suspects captured after 9/11 during the war primarily with Afghanistan are being held indefinitely. Today, five British prisoners were returned home, not the first to leave Guantanamo. Eighty-eight others have already been released. Dozens have been transferred to other countries for detention but as with the earlier releases, today's raised many questions.Here's CNN's Sheila MacVicar.

(BEGIN VIDEOTAPE)

MACVICAR (voice-over): The arrival of this British military plan from Guantanamo Bay marked the end of an odyssey for five British men that began in Afghanistan in 2001.For more than two years these five Britons have been held with more than 600 others. Like all the detainees here they have never seen a lawyer, never faced charges, never been put on trial.

DONALD RUMSFELD, DEFENSE SECRETARY: The goal was to interrogate them, find out what do they know. Are there other terrorists running around that we could learn information about? Do they know where caches of weapons are? Do they know information about techniques or approaches?So, they get interrogated for a couple of years. Then at some point you say we think we've gotten what we need out of this crowd, five people, and lets move them along.

MACVICAR: The U.S. government now says there is no risk in sending the five back to Britain. The five will be questioned by counterterrorism officers in the U.K. Legal analysts say it is unlikely they will ever face charges.In Washington, the families and supporters of four more Britons who remain in American detention urged the U.S. government to charge those detainees or release them.Azmat Beggs' son is one of those remaining at Camp Delta.

AZMAT BEGG, GUANTANAMO DETAINEE'S FATHER: In one letter he wrote: "I do not know what crime I am supposed to have committed."

MACVICAR: U.S. officials have talked about military tribunals. The legitimacy of those tribunals will be argued before the Supreme Court.

STEPHEN JAKOBI, FAIR TRIALS ABROAD: They are likely to receive an extremely unfair trial, which is rigged wholly in favor of prosecution and conviction.

MACVICAR: With a few released, perhaps 100 or so to date, there remain many more and still no clear idea of how the United States intends to mete out justice here.

(END VIDEOTAPE)

MACVICAR: Something that's sure to spark more controversy, Aaron, on arrival in the U.K. four of those men have been taken into police custody and will undergo questioning by antiterrorism officers in the coming hours but the fifth man, after two years in detention, was not arrested by police, has been immediately released. His lawyer says that he is an innocent man and that he will want to know why he was held for so long -- Aaron.

BROWN: Well, I guess that's the central question. Do the British believe at least, do many people in Britain believe, that these were in fact just innocent guys who were in the wrong place at the wrong time or, as seems somewhat more likely, that's all somewhat more likely that they had more to do with bad stuff than that?

MACVICAR: Well, I think that there's two points of view, one that this has been tremendously embarrassing for the Blair government, that in spite of the very close relationship with President Bush and very close association with the war on terror that the Blair government could not persuade U.S. officials earlier to release these five people.The other four seem to be in a class where we're now getting leaks of information, which suggests that these four were, according to U.S. officials, al Qaeda suspects that they were involved in, as you say, bad things perhaps.But more than that, what Britons have said that they want to see is due process. They want to see some kind of a process which is recognized as fair, go through and test the evidence and see what the cases are against these people rather than holding them in what appears to be indefinite detention.That's been the position of the families, been the position of human rights advocates, been the position of many of those in public life in the U.K. that there has to be some kind of a process.With the return of these five tonight, the U.S. saying that they pose no risk, with the British certainly saying tonight that at least in the case of one of those men there is no case to answer. Those are questions that will again be raised here -- Aaron.

BROWN: Almost certainly. Thank you, Sheila, Sheila MacVicar in London tonight.On to domestic politics, four states today, somewhat academic in that John Kerry no longer faces an opponent to speak of and, of course the president never has, therefore, no surprises, Senator Kerry easily winning in Florida, Louisiana, Mississippi and Texas. Texas, by the way, put the president over the top in that hotly contested Republican primary race. Senator Kerry still has a few more delegates to get before the nomination is absolutely his but those will come in due course. So, the opponents are chosen, the battle lines are drawn and both sides appear ready for eight months of trench warfare.

(BEGIN VIDEOTAPE)

CROWLEY (voice-over): Another election night sweep for John Kerry.

KERRY: In Florida, Mississippi, Louisiana and Texas people voted and they voted for change in this great country of ours.

CROWLEY: So, what else is new? Not much. The primary season nobody saw coming has turned into the primary season everybody is seeing. Another day, another photo op or two, a shaken smile with, one presumes, actual voters in a Florida diner and a hold and swing at the Little Big World Daycare Center.

UNIDENTIFIED MALE: This is Mr. Kerry. He's running to be president of the United States.

CROWLEY: John Kerry has done due diligence for the past several days, traveling Texas, Louisiana, Mississippi and Florida at rallies and town halls asking Democrats to support him in the primaries but that's not what it's about anymore. This is what it's about.

KERRY: If the president wants to have a debate a month on just one subject and we go around the country, I think that would be a great idea. Let's go do it.

CROWLEY: It's about engaging George Bush early and often, one way or the other.

KERRY: His stubborn leadership has led America steadily in the wrong direction.

CROWLEY: With Kerry's nomination all but assured, the primary states are pretty much backdrops now, places to warm up for a General Election already boiling and, of course, places to look for cold cash.

(END VIDEOTAPE)

CROWLEY: And while Kerry and the president are deep into the General Election, there is one little technicality left. John Kerry still doesn't have enough delegates to be the Democratic nominee. It is why he is celebrating his southern victories tonight in Chicago, Illinois. Illinois has a primary next week and that's the night John Kerry is expected to get the delegates he needs -- Aaron.

BROWN: A couple of things quickly, if I can. Has the message changed at all now that he's sewn this thing up?

CROWLEY: You know not really because once it became clear that John Kerry was the frontrunner his target was always George Bush. The message changes this way in that every day they find another way, another way to express their opposition to George Bush. 

BROWN: Yes.

CROWLEY: The language gets tougher and so there's always a new phrase. You know how that goes because it gives us a new lead but nothing new substantively.

BROWN: And just very quickly, what's his money situation like right now?

CROWLEY: They're working on it. One of the reasons he's going to meet tomorrow with Howard Dean and then Thursday with John Edwards is he's looking for some help here in setting up a structure. They're doing fine. They say he's got about $6 million since I think post New Hampshire, so they're all right but they need a lot more. They're up against a guy with about $170 million, so they're trying to network and get all the other campaigns to throw in their fundraising structures and they think they can raise a considerable amount.

BROWN: Candy, thank you very much, on the road again, Candy Crowley tonight.Still ahead on NEWSNIGHT, thousands of lost sexual predators, we'll look at how Megan's Law is not keeping track of them.Then a look at a man who turned the "New York Times" on its ear by making up stories for the paper, former "New York Times" reporter Jayson Blair.And later tonight, Jeff Greenfield tries to get to the bottom of why the gay marriage issue caught fire when it did and how it did.From New York this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: Most felons can, in theory at least, leave their rap sheets behind after they've served their time if they remain clean if they so choose. Sex offenders are the exception because of the danger they pose even after their release from prison.All 50 states now have so-called Megan's laws requiring sex offenders to register with police. That's the theory. It is clearly now not always the fact.Here's CNN's Deborah Feyerick.

(BEGIN VIDEOTAPE) 

FEYERICK (voice-over): Sex offenders across the nation are failing to register with their local police, experts say, something they're required to do under Megan's Law.

EDWARD FLYNN, MASSACHUSETTS SECRETARY OF PUBLIC SAFETY: Sex offenders are the ones who most deeply cherish their anonymity and work hard to maintain it. There is nothing more difficult to do than to find someone who truly does not want to be found.

FEYERICK: According to the National Center for Missing and Exploited Children, 400,000 sex offenders have registered. An estimated 100,000 have not. No one knows where they are or where they may be going and once they disappear officials agree finding them can be all but impossible.

BILL LOCKYER, CALIFORNIA ATTORNEY GENERAL: Unless someone local goes and checks on them, we don't know if they've just forgotten to update it, if they've moved somewhere else, if they're deported of whatever.

FEYERICK: In New York State, officials have lost track of some 2,000 sex offenders. In California some 22,000 convicted predators are unaccounted for. Linda Ahearn heads up the group Parents for Megan's Law. She says part of the problem is sex offenders don't register before they're released from prison but after they get out.

LINDA AHEARN, PARENTS FOR MEGAN'S LAW: Using registration as an honor system is the fundamental flaw of Megan's Law.

FEYERICK: The original Megan's Law was signed in New Jersey ten years ago and later adopted in some form by every other state. Sex offenders are supposed to check in with local authorities every year for ten years, high risk predators every 90 days but if they don't and they haven't moved there's no penalty.

ERNIE ALLEN, NCMEC: The primary weakness is that most states lack the resources and the people to really enforce it on a meaningful basis.

(END VIDEOTAPE)

FEYERICK: A bill pending in the Senate would make failure to register a felony in all states, not just 23 states as is now the case. In the words of one child expert the situation as it exists is like trying to hold the ocean back with a broom -- Aaron.

BROWN: Deb, thank you, Deb Feyerick tonight.A few other stories have made news around the country starting with the sentencing for John Allen Muhammad, the older of the two Washington area snipers. The judge today took the jury's recommendation, as you knew he would, handing down the death sentence. "Mr. Muhammad" he said "committed acts so vile as to be almost beyond comprehension." Technically, the execution is scheduled to take place in October. It almost certainly will not because of mandated appeals and the other murder cases pending against him.Attorney General John Ashcroft is recovering tonight from surgery removing his gallbladder. You may recall he's been in the hospital for several days now suffering from gallstones. The surgery, we are told, went as planned but the attorney general has a few more days of recovery before he heads home.And in Springfield, Massachusetts, a new bishop has been named. He is Timothy McDonnell and he replaced Thomas Dupre, who stepped down amid accusations that he molested two boys in the '70s.And now on to the wages of sin or infamy, if you will, or just the sort of thing that's both tough to take and hard not to watch in many respects and that's precisely how the Jayson Blair saga has played out so far.Watching the "New York Times" tear itself into pieces over his plagiarism and fabrications while at the paper was enough to turn your stomach, or at least ours, and still is to many, even more so now that young Mr. Blair wants people to pay for the privilege.Here's CNN's Maria Hinojosa.

(BEGIN VIDEOTAPE)

MARIA HINOJOSA, CNN CORRESPONDENT (voice-over): Admitting to being a liar and a plagiarist has turned Jayson Blair into a media star.

LARRY KING, CNN ANCHOR: And how he says he's coming clean.

HINOJOSA: He's making the rounds on "LARRY KING LIVE."

JAYSON BLAIR, FORMER "NEW YORK TIMES" REPORTER: I made, you know, a lot of mistakes.

HINOJOSA: With Katie Couric on NBC, all to sell his tell-all memoir "Burning Down my Master's House."BLAIR: Some people, you know, it seems to me would like me to crawl into a hole and disappear forever. That's just not in my nature.

HINOJOSA: He writes about his addictions to cocaine, alcohol, pills, his 7:00 a.m. shots of liquor, which he told CNN only added to his troubles.BLAIR: It was my own character flaws and my own bad choices. I can't really -- there are no excuses for it. There really are no explanations other than the fact that I made bad decisions.

HINOJOSA: Media critic Howard Kurtz also interviewed Blair as part of what he calls hold-your-nose coverage. 

HOWARD KURTZ, "WASHINGTON POST" MEDIA CRITIC: It's a fascinating book in the sense that watching a train wreck is fascinating.

HINOJOSA: Blair showed CNN his former apartment where he fabricated stories.

BLAIR: It was my own prison. That's what it felt like.

HINOJOSA: And the public phone where he called the boss who was first to question his work.

BLAIR: I just remember being in a cold sweat, shaking, you know, still lying.

HINOJOSA: Detailing just how he did it.BLAIR: I would use "Times" databases of photographs. I would use stringers. I would use people, you know, I talked to on the telephone and I would ask them for specific details, you know, what color are the flowers on your porch.

HINOJOSA: But for some Jayson Blair's personal account won't answer the central question why he did it.

KURTZ: I think Jayson Blair still hasn't completely convinced me or himself exactly why he did what he did.

HINOJOSA: The "Times," which changed some senior staff and did a self review, won't talk about the book. In a statement they wrote: "The author is an admitted fabricator. We don't intend to respond to Jayson or his book." But one "Times" employee said...

UNIDENTIFIED MALE: I'm certainly interested in it but I wouldn't buy it.

HINOJOSA: Jayson Blair is hoping others will.Maria Hinojosa, CNN, New York.

(END VIDEOTAPE)

BROWN: Coming up on NEWSNIGHT tonight, we'll go back in time, billions of years in fact, to the earliest look ever at our universe and the reasons why we may not get another look for a long time.Around the world this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: Whoever said on a clear day you can see forever was wrong but not by much as it turns out. With the Hubble space telescope you can come mighty close. Today, we saw new pictures from the Hubble of stars so distant that their light is very nearly the light of creation but if they show the beginning of the universe in stunning, beautiful detail, they almost also mark the beginning of the end for the Hubble.Here's CNN's Miles O'Brien.

(BEGIN VIDEOTAPE)

MILES O'BRIEN, CNN SPACE CORRESPONDENT (voice-over): Take a look back, way back in time. It's the universe as we have never seen it, young, odd-shaped galaxies growing, exploding, devouring each other, a tough neighborhood captured by the Hubble space telescope.

STEVE BECKWITH, DIRECTOR, SPACE TELESCOPE SCIENCE INSTITUTE: It's just unbelievable.

O'BRIEN: It is a long time exposure of a piece of seemingly dark sky near Orion about a tenth of the diameter of the moon. There are at least 10,000 galaxies here, as they looked as relative youngsters, about 12 billion years ago.

BECKWITH: At the depth of the ultra deep field there must be more than a trillion galaxies on the whole sky and each of those galaxies contains roughly 100 billion stars.

O'BRIEN: But it could be Hubble's last big hit. A shuttle mission to make repairs, add two new instruments and extend Hubble's life should have been underway about now but, in January, NASA Administrator Sean O'Keefe cancelled all future shuttle missions to the telescope leaving Hubble to deteriorate and ultimate expire in orbit in two to four years.

SEAN O'KEEFE, NASA ADMINISTRATOR: I'm not happy with the way this decision needs to work out. I'd rather it not be this way but I think it's the only responsible thing to do.

O'BRIEN: O'Keefe's decision comes in the wake of the Columbia accident in February, 2003. The accident board told NASA future shuttle flights not headed to the International Space Station and safe harbor must adhere to a more rigorous set of standards for on orbit inspections, repairs and even rescue by another shuttle. All of it is unproven and unrealistic according to O'Keefe.

O'KEEFE: It comes down to the basic fundamental that you either comply with the recommendations of the Columbia accident investigation board report or you do the Hubble servicing mission, one or the other. You can't do both.

O'BRIEN: But many astronomers and engineers beg to differ.

ROBERT ZUBRIN, PRESIDENT, MARS SOCIETY: If we give up Hubble out of fear, we give up the human exploration of space. In the human exploration of space cowardice is not an option.

O'BRIEN: Astronomers say there is plenty more science for Hubble to do and the telescope would be ten times more powerful if shuttle astronauts could spend some time under the hood.

BECKWITH: Personally, I would take the risk to service Hubble if it were my life but I couldn't ask someone else to do that. That's a difficult decision that people in NASA have to make.

O'BRIEN: Of course, it is Administrator Sean O'Keefe who does have to do that and while there is no doubt no shortage of astronauts willing and eager to fly to Hubble, no one wants the task of explaining why an accident wasn't avoided.Miles O'Brien, CNN, New York.

(END VIDEOTAPE)

BROWN: An ugly chapter of history came to an end today. We learned at Abbu Abbas, the Palestinian terrorist died yesterday of natural causes. He was being held by the Americans, though the Pentagon is not saying where he was being held. He did fall into American hands during the taking of Baghdad. He'd been living there for the better part of 18 years, After leading the takeover of an Italian cruise ship in which Leon Klinghoffer, an elderly Jewish American man confined to a wheelchair, was pushed over the side. Suicide bombers hit a Masonic lodge in Istanbul, Turkey, today. The pair shot their way inside, one of them blowing himself up, taking a waiter with him. The second attacker was badly wounded, no one yet claiming responsibility. And on the West Bank, Israeli forces swept into Jenin in search of the Al Aqsa Martyrs Brigade. In the gun battle that followed, a Palestinian woman died and a French wire service photographer suffered a gunshot to the leg. Still to come on NEWSNIGHT, the continuing fallout over the battle of gay marriage. Why now and how it will affect the upcoming elections?A break first. This is NEWSNIGHT on CNN. 

(COMMERCIAL BREAK)

BROWN: We spent much of the afternoon news meeting on the subject of same-sex marriage, not the right or wrong of it or even the political dimension. It was more like a discussion of physics. We kept using words like critical mass, inertia, momentum, tipping point. We kept asking ourselves and each other, had we ever seen a story so potentially large in scale gather momentum, acquire inertia, reach critical mass and roll towards a tipping point so quickly. And why? Here's CNN's Jeff Greenfield.

 (BEGIN VIDEOTAPE)

JEFF GREENFIELD, CNN SR. ANALYST (voice-over): It has been happening literally from coast to coast, from Asbury Park, New Jersey, on Monday, to New Paltz, New York and out West to Oregon, Washington state, San Francisco, California, marriage ceremonies for same-sex couples despite laws or judicial findings that such marriages are not valid. (on camera): So why is this happening? Well, the answer, unsurprisingly, is politics, specifically the political firestorm triggered by one state Supreme Court that propelled the opponents and advocates of gay marriage into overdrive. (voice-over): The fuse was first lit back last June, when the United States Supreme Court struck down laws that criminalized private sex acts between consenting adults, gay or straight. Then, last November, the Massachusetts Supreme Court, relying in part on that U.S. high court decision, found that its state constitution, with its equal protection clause, required the state to sanction gay marriages. And last month, the court said, we mean marriage, nothing less, including civil unions. But it was what happened in San Francisco on February 12 that turned a simmering debate into a full-fledged front-page story. That is when newly elected Mayor Gavin Newsom, who had barely beaten an opponent who had run to his left, authorized the city to begin issuing marriage licenses to same-sex couples. And gay couples responded by lining up literally around the block; 10 days later, President Bush, under heavy pressure from cultural conservatives, announced his support for a constitutional amendment to define marriage as one man, one woman. 

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Decisive and democratic action is needed, because attempts to redefine marriage in a single state or city could have serious consequences throughout the country. 

GREENFIELD: For Bush's all-but-certain Democratic foe, the issue proved a challenge. Kerry said he was against gay marriage, against a constitutional amendment to ban gay marriage, for one state recognizing a gay marriage performed in another state. And, anyway, he said, it was all politics. 

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: He's doing this because he's in trouble. 

GREENFIELD: For many Republicans in Congress, the issue also proved a challenge. Even staunch cultural conservatives were less than thrilled about changing the U.S. Constitution. For his part, the first openly gay congressman, Barney Frank, criticized local officials for issuing same-sex licenses. This is, he said, not the time to push the issue. But in many of the nation's more socially liberal communities, there is a clear political advantage to such acts of civil disobedience. They draw attention and approval from an increasingly organized gay community, just as in other communities, such as Georgia, state legislators are working very hard to push through a state amendment that would specifically forbid gay marriages. (on camera): In other words, this was not an issue pushed by any of the combatants in the so-called culture wars. It wasn't a ploy by the Bush campaign. It wasn't on the agenda of most of the prominent gay rights advocates. It was, instead, a one-vote majority decision by one state Supreme Court in Massachusetts, plus an audacious move by one mayor in San Francisco that put this whole issue front and center. Jeff Greenfield, CNN, New York. 

(END VIDEOTAPE) 

BROWN: You might argue that, as a gay Republican, Steve Gunderson belongs to a minority within a minority. But that would imply that the percentage of gay people varies by political affiliation and we have no evidence of that. Certainly, as a gay Republican, Mr. Gunderson now finds himself a minority on a narrowing patch of political ground. He and others agree with the president on much and differ with him on just a few issues, or sometimes just a single one. But that single issue is also a singular fact in their lives. And it makes for tough choices. We're glad that Mr. Gunderson could join us tonight to talk about all of this. He's a former congressman from the state of Wisconsin. He joins us tonight from Washington. Nice to see you. 

STEVE GUNDERSON, FORMER U.S. CONGRESSMAN: Glad to be here. 

BROWN: You voted for the president fours years ago?

GUNDERSON: Sure did. 

BROWN: Are you surprised that he came out in favor of a constitutional amendment? 

GUNDERSON: Not surprised. I knew he was getting a lot of intense pressure from the social conservative wing of our party. I was more disappointed, Aaron, that he didn't talk about the fact that there's a real problem that is driving this issue. I mean, the discrimination, the 1,000 benefits that married couples get under federal law that same-sex, loving relationships do not get, the fact that we don't have the hospital visitation, the medical consultation, the -- we have to pay taxes if our domestic partner gets health insurance through our company, the estates, the pensions, the Social Security benefits. There's a problem diving this issue that I think the emotional debate on both sides has failed to address. 

BROWN: Well, as far as I know -- you may know differently -- but as far as I know, the president doesn't believe in these civil unions either. 

GUNDERSON: Well, and that's OK. My disappointment in the president's announcement was not that he said, look, I am for the traditional interpretation and institution of marriage being between a man and a woman, because that's where a lot of America is. Where I think the president let this country down is, he didn't go on beyond that and say, but I want you, as Americans, not only to have a civil debate, but I want you to understand why this issue is before us. There's a large segment of this citizenship that does not have equal benefits and protections under law at either the federal or the state level today. If the president had said that, you know, I'm one of probably a minority, which makes me a Republican. I don't care whether you call it marriage, civil unions, or something else. I'm interested in the outcomes. I want my partner to have the benefit and the protections that my sisters-in-law or my brothers-in-law have in their marriage. 

BROWN: And that's an interesting -- there are -- there is, within, I think, the gay community disagreement about whether civil union is enough. 

GUNDERSON: Sure.

BROWN: Andrew Sullivan on the program a couple weeks ago talked about -- eloquently talked about -- a sense of family, the need for a sense of family that is ingrained in all of us, straight, gay, otherwise. It doesn't matter. Is that -- that's not your issue, though? 

GUNDERSON: Well, it's partially my issue. I care very deeply about my family. My family happens to love my partner and I. We are a couple like my brothers and their wives, my sisters and their husbands. We're all seen that way. What I don't want this to be is just a semantical debate about the use of the word marriage. I want us to focus on the problem and the appropriate legal outcomes. The second thing I want us to do is, I want us to separate the theological debate, which should be left for the theologians, vs. the public policy debate, which talks about civil protections, which is the one the politicians should be addressing. So I don't think we're handling this very well as a country right now. I think we need to slow down, lower our voices, learn a lot more about the issue and figure out, how can we resolve this in a way that is fair and equitable for all Americans? I worry that's not going to happen. 

BROWN: Just a couple of quick things. Do you believe you'll vote for the president? 

GUNDERSON: I think it's too soon to tell. I've told everyone, Ronald Reagan, during his term in office, gave some verbal support to the whole pro-life movement, but he really didn't put his administration's activities and actions behind that. If this was a vocal support of where the president stands on this issue and that's all the further it goes, then, you know, I've never voted for a candidate that I didn't disagree with on one or more issues. If, on the other hand, the president says, I'm going to actively push to change the Constitution to deny protections and benefits for a certain segment of American population, of which I and my partner happen to be two of those people, then I couldn't with integrity vote for him. So I hope he doesn't go there. 

BROWN: Congressman, it's good to see you again. Thank you. 

GUNDERSON: Thank you, Aaron. .

BROWN: Thanks for joining us -- Steve Gunderson joining us.

BROWN: Ahead on NEWSNIGHT, a different point of view on this and I suspect lots other things. John Podhoretz joins us to talk his new book extolling the president. Will take a break first. This is NEWSNIGHT. 

(COMMERCIAL BREAK) 

BROWN: Lots of politics on the program tonight. It turns out, tomorrow, the president will make what aides call a spirited defense of his economic policy. The economy is an area where our polls, at least, show some soft support for Mr. Bush. Indeed, the president has, for a variety of reasons, seen his job approval rating at a low point. A fair amount may have to do with the bashing for months by Democrats during the primary season. That may last. It may not. We can say, though, at first blush, he's in a weakened political position today, something I expect our next guest believes will not last. John Podhoretz is a columnist, among other things, for "The New York Post." He is also author now, "Bush Country: How W. Became a Great President While Driving Liberals Insane." We read him all the time. It's good to see him here;.

JOHN PODHORETZ, COLUMNIST, "THE NEW YORK POST": Thank you so much.

BROWN: Before we get to the book, let me just ask a broader question. Why do you think it is -- if you look at best-seller list these days, you have got this whole range of political books, left and right, that seem to be flying off the shelves. Does that tell us something about where we are? 

PODHORETZ: Yes, it means that the political class, the literate political class in the country is very, very engaged. It started in the 1990s, when conservatives, enraged with Bill Clinton, really took over the best-seller lists in an unexpected way with these jeremiads against the administration. Now you have this balance where you have jeremiads against liberalism by conservatives and you have jeremiads against George W. Bush by liberals, which are sort of sharing the list. 

BROWN: And when you talk about the sale of these books, how many books are you talking. 

PODHORETZ: Hundreds of thousands.

BROWN: Several hundred thousand?

PODHORETZ: Yes, but in each case. 

BROWN: All right, let's talk about the president a little bit. The book is a terrific read. It's great fun. 

PODHORETZ: Thank you. 

BROWN: If have a nice sense of humor. People will agree with it or not on some things. Let's talk about some of the things that you talked about and certainly the attack lines the Democrats will form and have formed: The tax cuts favored the rich. Now, there's no question that the rich benefited the most from the tax cuts. So, you can't argue that, I don't believe, can you, that they did not? 

PODHORETZ: No, but, I mean, the use of verb favor itself indicates a sort of value judgment inside the whole question. Tax cuts exist. The Bush tax cuts cut taxes for everyone in the country who pays taxes. 

BROWN: Income taxes? 

PODHORETZ: Income taxes, federal income taxes. So, under those conditions, what you have there is, in some ways, the more income taxes you pay, the more percentage-wise your tax cut will kick in. I mean, the interesting thing about the federal income tax is that a lot of people in the country don't pay it at all, if you make under a certain amount of money. And a lot of people who make less than a certain amount of money actually get money back from the government in the form of an earned income tax credit. So what you do when you cut taxes, theoretically, is you try to open up the economy by moving money out of the government sector into the private sector, either into the hands of consumers, who can spend it, or into the hands of businesses that will invest with it. 

BROWN: Rather than going issue to issue, do you think there's a central core to George Bush that the Democrats or the left or whatever word you want to use -- pick the word you want -- don't get? 

PODHORETZ: I think very much. I think the central conceit of the leftist attack on George W. Bush is that he's a liar. I think that the central truth about George W. Bush is that he's among the most straightforward presidents and leaders that we've ever had. He says what he's going to do and he does it, for the most part, more than most politicians do. He's not perfect and he's not some sort of heroic truth-teller, but he -- but you know, he said -- you know, he said basically to the U.N., you know, in September of 2002, you know, show your relevance. Come in with me or I will assemble a coalition to take Saddam Hussein out. And he said it and he said it and he said it. And they tested him and they tested him. And six months later, he did what he said he was going to do in September. 

BROWN: Where do you think he's vulnerable, anywhere?

PODHORETZ: I think he's vulnerable on the economy, like everybody else does. I think, in that sense -- I think he's done well and the economy is growing incredibly quickly. But the argument that this replacement, weird replacement of unemployment statistics, which used to be the way we measured whether people were worried about jobs, with job growth, which has only seemed to happen in the last 12 months. Unemployment right now, 5.6 percent, is exactly where it was when Bill Clinton was running for reelection in 1996, claiming 

(CROSSTALK) 

BROWN: Well, but unemployment is always a relative number compared to where it was at any given -- it's like interest rates.

PODHORETZ: That it's down a full percentage point from where it was a year ago. 

BROWN: Right. 

PODHORETZ: So that's a real accomplishment. And he took office in a recession. The economy is now growing 4 percent a year, which is the fastest rate in 20 years. That should be an argument that works for him. But, because of these job growth numbers, Democrats have made a successful sort of change in the debate. 

BROWN: I hate to ask you yes or no. You're a columnist. Do you think he wins in November? 

PODHORETZ: Yes. 

BROWN: Wins big or sneaks by? 

PODHORETZ: No, I think -- that, I don't know. 

BROWN: All right. 

PODHORETZ: But I can see him winning big. 

BROWN: Nice to see you. 

PODHORETZ: Thank you very much. BROWN: Good luck with the book. 

PODHORETZ: Thank you so much. BROWN: Take care. Morning papers after the break. 

(COMMERCIAL BREAK) 

(ROOSTER CROWING) 

BROWN: Man, there it is. It's a mess tonight. Well, I found "The Sun-Times," so I feel better. Time to check morning papers from around the country and around the country today. Since I'm leaving the country, we're going to make this the domestic edition of morning papers. 

Here we go."The South Bend Tribune." That would be South Bend, Indiana. I don't think we've ever led with them, but why not, because they play this story fat, if you will. "Obesity, Inactivity, Poor Diet, Nearly Bad As Smoking." What about those people who smoke right after they eat a big, fat meal? That isn't going to do them any good either. Anyway, that is a huge story in newspapers around the country. Also, in the paper today, "Vote Deficit Stalls Gay Marriage Amendment." One of the -- "Support Lacking in Michigan House to Send Issue to the Senate," that story out of Lancing, Michigan. This is going on in a number of states trying to pass constitutional amendments to ban gay marriage. 

"The Richmond Times-Dispatch" leads in the way you knew they would. We didn't play -- do much with the story. But this is a big story for them and they led appropriately: "Muhammad Sentenced to Death in Sniper Case." Also, they do the Hubble story, but they just do it as kind of a teaser with a picture that Hubble has sent back. I thought those pictures were incredibly cool. 

"The Dayton Daily News" of Dayton, Ohio. "Evolution Lesson Plan Approved. Critics Say it Contains Elements of Intelligent Design," which is a buzz word. "Obesity Deaths to Overtake Tobacco's Toll." People did quit smoking, or lots of people have, but they are still eating a lot. 

Obesity makes the front page of "The Miami Herald." They led with the primary, darn it. Nobody else much cared, but they did. "Kerry Wins Florida Vote." Good for them. That's the right lead for them. 

"Boston Herald." "Death Bed Wedding. Ted Williams' Tragic Son in New Bombshell." I have no idea what that story is about, but it doesn't sound good, does it?

And "The Chicago Sun-Times" always ends it, and it will. The weather tomorrow in Chicago...

(CHIMES)

BROWN: Thank you.Is crisp, 46 degrees. That's kind of on a cool picture of John Kerry campaigning in Chicago. That's morning papers. We'll wrap up the day in just a moment. 

(COMMERCIAL BREAK) 

BROWN: Quick look at our top story before we go. One hour today became potentially more, the White House saying the president will answer all of the 9/11 Commission's questions when it meets with its top two officials -- when he does. Asked if that means the president will spend more than an hour with the officials, the answer was, "Nobody's watching the clock," a shift, in not so many words, in the wake of more objections and some pretty heated campaign attacks by Senator John Kerry. Tomorrow, on this program, for 25 years, actor Jeff Bridges has carried a camera to work. What began as a hobby is now a new book, a behind-the-scenes look at life on a movie set in stills. And before we go, Soledad O'Brien with a look at what's coming up tomorrow on "AMERICAN MORNING." 

(BEGIN VIDEO CLIP) 

SOLEDAD O'BRIEN, CNN ANCHOR: Thanks, Aaron. Tomorrow on "AMERICAN MORNING," George Foreman's big adventure. He's 55 and getting in shape for another fight. He's already the oldest man to win the heavyweight championship and he did that 10 years ago. I'm going to ask him why he's doing it now. That's CNN tomorrow, 7:00 a.m. Eastern -- Aaron, back to you. 

(END VIDEO CLIP) 

BROWN: Thank you. It might have something to do with money. "LOU DOBBS TONIGHT" for most of you is next.We'll see you next from the Middle East. Good night for all of us at NEWSNIGHT. 

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.comcommission will have with President Bush; British detainees released from Guantanamo Bay>

The Destroyed ABM Treaty has resulted in the Worst Foreign Policy since Washington crossed the Delaware

Then and Now (6/8/05)

ABM Treaty

If all remembers Bush wrote Putin at the beginning of his term to abandon the ABM Treaty and replace it with a three page document on Long Range Missiles. The reason is that now Rumsfeld's War Department can do research on Nuclear Weapons like Bunker Buster Bombs with Nuclear Warheads that will cause earthquakes in places like Afghanistan when they are dropped into 'believed to be' hide outs of the still renagade Osama bin Laden.

The Russian Parliament thinks Putin is so astounding for allowing this degradation of the ABM treaty they are making a permanent nest for Putin as the leadership of Russia

.-------------

Legislators to vote on longer term for Putin

MOSCOW - Proposed legislation could allow Putin to run for two newterms, conceivably keeping him in power until 2018

.
http://www.iht.com/articles/128366.htm

------------------

I betcha Bush is jealous!! So much for spreading democracy Georgie! He attacks countries for no reason except OIL what do you think every other country on the planet will do, embrace the reality that democracy is a benevolent and peace loving concept?

Idiot! Walker Bush the Supreme Idiot of the Free World!

Then there is the billions of USA $$ …

...sent to Pakistan for air space so Musharraf could purchase weapons from China to attack India (the only democracy in the area) and then China could turn around a build 100 more nuclear missiles to aim at the USA.

All that in addition to Bush/Rumsfeld willingness to look the other way as Pakistan sold nuclear weapons to countries like North Korea.

-----------

Pakistani who shared secrets is pardoned
ISLAMABAD, Pakistan - Musharraf cited Khan's scientific contribution tothe nation as grounds for the pardon.

http://www.iht.com/articles/128363.htm

--------------

Mushy and Bushy together forever.

Touches the heart you know?


When will Gitmo get their trials?

Bush warehouses people rather than giving them due process!

http://www.cnn.com/2004/US/03/08/waite/index.html

Next under the Pat'riot' Act will be Americans. What a minute aren't there enemy combatants in our prisons that are already Ameican? What about all those people held without due process in our own jails across the country?

Oh, yeah, I almost forgot it's more than just the detainees that are denied due process.

Then there is Moussaui and of course:

Trial: Acquittal on Sept. 11 charges

HAMBURG - A German court cleared Mr. Mzoudi who is only the secondsuspect worldwide to be tried for involvement in the attacks.

http://www.iht.com/articles/127657.htm

Why the acquittal?

Because Bush wasn't interested in providing access to witnesses for the prosecution to make a case with in cross examination. Ashcroft is the worst!

/////////////////////////


The NOW reality of a policy as ineffective as this is that North Korea is ?possibly? returning to the negotiation tables. India and Pakistan have not agreed on a peace initiative. Iraq's Downing Street Memo shows the personal ambitions of dictators, the civil war in Iraq is a reality DAILY with deaths in the double digits DAILY, the deprivation of the poor and middle class in the USA which is starting to look more and more like the military class of North Korea to be honest due to the exclusive focus of military aggression by the Bush/Cheney Administration.

Monday, March 8, 2004

Martha Stewart Meets With Parole Officer. Bush, Kerry Trade Punches Early

Martha Stewart Meets With Parole Officer. Bush, Kerry Trade Punches Early
Aired March 8, 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.So, I was hanging out with some friends over the last few days and the subject of greed came up. It came up in the context of a book by a once famous golfer taking a shot at a once and still famous golfer accusing him of cheating back in 1958."Why would he do that," one friend asked? "Well, he's trying to sell a book," I responded. "But he has a ton of money," said another friend at the table to which I replied, "I've never met anyone who thought they had too much money," which, of course, leads us straight to Martha Stewart.She was worth tens and tens and tens of millions of dollars, more money than you could ever spend if all you did was spend money, yet to save a few thousand dollars, $50,000 or so, chump change to her, she broke the law and lied about it and now she's headed for jail. Her company is headed for trouble and greed finds its way front and center again.Martha Stewart's day tops the whip tonight and the program, CNN's Allan Chernoff with the story, Allan's headline.

ALLAN CHERNOFF, CNN CORRESPONDENT: Martha Stewart will leave the board of directors of her own company, the only question to be resolved whether she'll resign or simply not run for reelection -- Aaron.BROWN: Allan.On to presidential politics and proof that politics (unintelligible) especially with the polls so tight, CNN's Candy Crowley with the headline tonight.

CANDY CROWLEY, CNN SR. POLITICAL CORRESPONDENT: Looking for an upbeat positive visionary kind of thing, a kinder, gentler 2004 campaign? Forget about it. It's only March and it's already getting brutal out here.BROWN: Candy, thank you.In Baghdad the beginning of politics, a hard fought constitution. We expected the headline on Friday. It comes to us tonight. Here's CNN's Jane Arraf. 

JANE ARRAF, CNN BAGHDAD BUREAU CHIEF: It was delayed by suicide bombs and political disagreements but Iraq's political leaders finally got together to implement that first step towards democracy, a draft constitution -- Aaron.

BROWN: Jane, thank you.And finally back home and a story that might have been told by Edgar Allan Poe but is told for us by CNN's Frank Buckley out west, Frank a headline.

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT: Well, Aaron, it was the telltale heart that led authorities to a criminal in the classic Edgar Allen Poe's short story. In this case, it was the alleged buying and selling of body parts that led authorities to arrest two men, including the director of UCLA's willed body program. Tonight he faces a charge of grand theft -- Aaron.

BROWN: Frank, thank you. We'll get back to you and the rest shortly.Also coming up on the program tonight, details just released this evening on a medical procedure that may offer hope to women cancer patients who want to preserve their chances of having children. This is an important development.And later, fresh off the free range and maybe even a golf course, the rooster drops in with a check of your morning papers for Tuesday, all that and more in the hour ahead.We begin with Martha Stewart who has made a fortune some would say a fetish, out of doing things just so. Today, she took her first few steps into a place with new rules to live by, not "Martha Stewart Living," if you will, but from now on Martha Stewart's life. In a moment, questions about how she got there, did her lawyers botch the case? Is she hurting herself now, hurting her chances for leniency? But first, the news of the day reported by CNN's Allan Chernoff

.(BEGIN VIDEOTAPE)

CHERNOFF (voice-over): As Martha Stewart left her meeting with a parole officer she made her first public statement as a convicted felon. Stewart's fall from grace is accelerating.

PAUL CALLAN, CRIMINAL DEFENSE ATTORNEY: She's being told to produce documents relating to her birth, her divorce, her tax history, her civil lawsuits. It's also possible that they took a urine sample from her today to determine whether she's a drug user.

CHERNOFF: The probation office will use the information for a pre-sentencing report to Judge Miriam Cederbaum who will determine Stewart's jail time. Many attorneys are predicting close to a year in prison with little chance of a successful appeal.

SETH TAUB, DEFENSE ATTORNEY: People don't realize the appeal cannot second guess the facts. You have to find a judge error and this was a very good experienced judge.CHERNOFF: Stewart will leave the board of directors of her company, Martha Stewart Living Omnimedia, though after meeting today the board has yet to determine whether Stewart will resign or simply not run for reelection according to a person with knowledge of the board's activities. Stewart hopes to remain involved with the creative side of the business. Ms. Stewart is stepping down at the director of Revlon after seven and one half years on the board of the cosmetics company. Viacom confirmed it had canceled Stewart's television show from its CBS and UPN stations. And Wall Street's confidence of the company continues sagging as well. The stock fell another nine percent Monday.Allan Chernoff, CNN Financial News, New York.

(END VIDEOTAPE)

BROWN: Just to save about $50,000.School children learn it. Cable anchors repeat it. "Court TV" anchors repeat it frequently. The burden of proof falls entirely on the state. That means the defense is under no obligation to give evidence, even call a witness if it believes the state has not made its case, which isn't the same as saying it's necessarily a good idea or there's not a degree of gamesmanship involved. Our vision is 20/20 in hindsight. We're joined tonight by Robert Tarver, a pretty fair defense attorney himself, and we'd like to thank for coming on the program. We're glad to see you.

ROBERT TARVER, CRIMINAL DEFENSE ATTORNEY: Good to be here.

BROWN: All right it is -- I mean hindsight -- there is a wonderful clarity about hindsight and you hear the jurors' comments and the jurors all, or at least those who are talking, seem to suggest they weren't terribly impressed with the way Mr. Morvillo presented himself, presented the case.Set that aside for a second. Do you think he did a fair job for his client, an honorable job for his client, an effective job for his client given the facts he had to work with?

TARVER: Yes, two things. We really don't know the full story of what he had to work with. We don't know what Martha Stewart might have been on the stand. He may have seen something that said, you know what, she can't go anywhere near a witness stand. He may also have seen something that said we can't put these witnesses on. But the bottom line is, as you said before, while there's no burden of proof on the part of the defense there is an expectation that they are going to be able to meet and rebut the items that came out. Now there were some really strong items that came out on the part of the prosecution. 

BROWN: Do you think that expectation is greater when the defendant is a celebrity?

TARVER: I think it is. I think, number one, everyone knew who Martha Stewart was and we knew that in the voir dire. But the big problem is that the defense allowed the prosecution to shape Martha Stewart.Now they heard about who she was but the prosecution really through the evidence they put forward suggested that Martha Stewart was nasty. They suggested that she was curt. They suggested that she was abusive through all of the testimony that came out through the various witnesses. Now the bottom line is that the defense in not putting on other witnesses allowed that to be the picture of Martha Stewart.

BROWN: So, what do you put a witness on the stand that says she's not imperious, she's not this, she's really very kind?

TARVER: Well, I...

BROWN: Someone who knows absolutely nothing about whether she lied to investigators.

TARVER: Yes. Yes. What you do is you actually end up shaping the picture of the event and shaping the picture of the event also entails shaping a picture of Martha Stewart.There are other friends that she has that I'm sure could have said good things about her. There are other workers who could have talked about the relationship between her and this worker. There are a number of different things that could have happened to broaden the spectrum of who Martha Stewart was.

BROWN: To me, I mean it's hard in this case to set Mr. Faneuil aside because he is the central witness but you bring in her friend to talk about their trip and where she talks about getting the tip. You bring in her personal assistant. You bring in people close to her and I think that's a very damaging thing for a defendant.

TARVER: Yes, it was devastating very, very devastating. The bottom line is you get this quantum of proof type of situation where when you got the cumulative effect of people coming from different directions. Everyone knew where Faneuil was coming from.

BROWN: Right.

TARVER: He's the prosecution's witness but you have her friend, you have her secretary and, at some point, people say, wait a minute. You've got people coming from directions east, west, north and south. They don't have anything together. They don't have any common motive. They must be telling the truth. Now the defense never took the offensive to be able to deal with those witnesses.

BROWN: As a defense lawyer, is your first instinct not to put the defendant on the stand?

TARVER: It depends on the defendant. It depends on the circumstances. Number one, you have a defendant who has no prior record per se. She can take the stand without there being an inference that she's a bad person because of the record.But the second question also is the facts and people were afraid in her defense camp to put her on the stand because they knew that the facts were not in her favor that she was going to be cross-examined.But you know what, sometimes you have to go ahead and let the person get up there and make their own personal case. It could be that Martha Stewart's celebrity in and of itself could have swayed a nullification verdict.

BROWN: Five seconds. Do lawyers in these moments second guess themselves?

TARVER: All the time.

BROWN: They do?

TARVER: All the time from the moment the jury goes out.

BROWN: Yes. Nice to see you, thanks for coming in.

TARVER: Good to see you too, Aaron.

BROWN: More now on what lies ahead for Ms. Stewart and how her experience compares with that of other white collar criminals. We're joined from Columbus Ohio by Karen Bond, a former attorney who served time in federal prison for securities fraud. She's now a spokesperson for a prisoner advocacy group.And, in Irvine, California, Henry Pontell, who teaches criminology at U.C. Irvine. He is also the author of "Profit Without Honor, White Collar Crime and the Looting of America." It gives you a sense where he's coming from here. Welcome to you both. Professor, let me start with you. I'm going to ask this, I'm going to say should she go to jail? I don't mean will she go to jail because I think the law is pretty clear that she is going to jail but should someone do time for this sort of offense?

HENRY PONTELL, PROFESSOR OF CRIMINOLOGY, LAW AND SOCIETY, U.C. IRVINE: Well, the sentencing guidelines are pretty clear in this case and I think to frame that question you have to ask, well, it if wasn't Martha Stewart would someone else who did the same thing be going to jail? And the answer would be yes. So, while I have nothing personally against Martha Stewart, I think that she's going to be serving time unless something miraculous happens at this point.

BROWN: OK. Let me try it differently. Why send someone like Martha Stewart to jail? 

PONTELL: Well, the prosecutors seem to think that by sending her to prison they're going to be sending a message that it doesn't matter if you're Martha Stewart of John Q. Public. If you lie to investigators in a federal case, it is a crime and that they will prosecute you. So, I think that's part of the issue right there.I think we also have a slightly different, more than a slightly different, a very different attitude when it comes to sentencing of people in high status positions and I think that, you know, by virtue of the fact that it's Martha Stewart really should make no difference. We're not sentencing her because she's Martha Stewart.

BROWN: Sure.

PONTELL: I think the government took the case and it was resolved the way it has been resolved because of what she did.BROWN: Ms. Bond, do you think you were sent to prison as an example or sent to prison because of the crime or both?

KAREN BOND, FORMER FEDERAL PRISONER: I think it was a combination of both in my case, very much so.

BROWN: And what was it like walking in there that first day?

BOND: It was terrifying. You know it's a very terrifying, humiliating experience to walk through the prison gate, hear it clang behind you, be strip searched, have everything you have with you taken from you. It's humiliating.

BROWN: And we talked some about the kinds of prisons that white collar criminals get sent to, Club Feds and they're really not that terrible. Did you end up at a Club Fed? Was it really not that terrible?

BOND: There are no Club Feds in the federal prison system. That's entirely a media myth. There are no white collar prisons either. There are low custody federal prison camps but only about five percent of the population is white collar. The remainder is mainly drug offenses.

BROWN: How long did it take you to, if this is the right word, acclimate?

BOND: You don't acclimate to a prison environment. It isn't possible and, if you do acclimate, then you're in danger. If you're not aware of your surroundings at all times, you very much risk your safety and your mental stability actually.

BROWN: Were you worried about your safety?

BOND: Yes, I was and, in fact, about 24 months into my sentence I was assault by a prisoner, shoulder fractured, concussion. It's not a safe environment. It is not a golf course, play tennis type of environment with masseuses and room service. 

BROWN: Professor, the state has -- the state, the federal government in this case has a responsibility to keep Ms. Stewart safe after they send her to jail. Does that mean that someone like her has to be kept in virtual isolation?

PONTELL: It may be. I think that decision will be made at the time she's incarcerated. I should also mention that I think according to the federal guidelines that she won't be spending all of her time, assuming she does spend time, in a federal prison that I think -- I believe half of her sentence can be served in a halfway house, which is much different than serving time in a federal prison.

BOND: That used to be the case but it's not the case now. She'll only be able to spend ten percent of her sentence in a halfway house.

BROWN: So, maybe a month or so of a ten-month sentence?

BOND: That's right, the law -- the interpretation by the Department of Justice changed recently as to the halfway house policy.

BROWN: I know and honestly I don't mean this at all flip, OK, but do you -- were you always aware, Ms. Bond, of how many days left you had with the, you know, clock ticking in your mind every day? 

BOND: No, because I never let myself think about it. I'm afraid that if I had started counting the days, it would have been so overwhelming that I couldn't have coped with it.

BROWN: How long were you in prison?

BOND: My sentence was 38 months and out of that I served a little over 34, 53 days a year off for good time behavior.

BROWN: This is probably a truly stupid question but I'm going to ask it anyway because I do that sometimes. But if you had to give her some advice, what would the advice be right now?

BOND: Treasure these moments with your family. Hold them close and when you get to prison please keep your mouth shut and pretend that you are just an ordinary person.

BROWN: And, professor, at this point in Ms. Stewart's life, if you had to give her some advice what would the advice be?

PONTELL: To try not to say too much at this point because the probation part will be prepared now and her sentencing.

BROWN: Is it too late to be contrite?

PONTELL: That's a very good question given how far she's gone at this point. It may be but given that her friend Sam Waksal first claimed innocence and then later apologized for his behavior might be a precedent here. So maybe there is time for her to come clean but it may not be possible.

BROWN: It can't hurt though.

PONTELL: Can't hurt.

BROWN: Thank you, nice to meet you all. Thank you very much.

PONTELL: Thank you.

BROWN: Still ahead on the program tonight, politics, gloves off already, the president and his Democratic opponent coming out swinging. It seems early for that but they sure were today.And later tonight, Segment 7, an interesting medical development that could bring hope to cancer patients who hope one day to be parents. I haven't said this for a while. From New York this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: It's going to be a long campaign and, if the early salvos are any indication, it will be as John McCain predicted the other day a nasty campaign as well.Today, both the president and Senator John Kerry traded shots, more body blows than knockout punches and while we continue to caution you on reading too much into polls, at this stage of the game a new CNN-USA Today Gallup poll shows Senator Kerry with a six point lead, if Ralph Nader is in the race.There are lots of reasons not to read too much into that. It's very early. The Democrats have had the stage for months. The president has barely started spending his millions and millions of dollars, so lots of reasons to be cautious but on both Iraq and the economy, the president appears to have some problems.Here's CNN's Candy Crowley.

(BEGIN VIDEOTAPE)

CROWLEY (voice-over): The president went to a rodeo in Texas Monday, which was enough for John Kerry to ride.

SEN. JOHN KERRY (D), PRESIDENTIAL CANDIDATE: That if the president of the United States can find the time to go to a rodeo he can find the time to do more than one hour in front of a commission that is investigating what happened to America's intelligence and why we are not stronger today.

CROWLEY: Count on this to be the election year of the endless cycle where no statement goes unanswered and no response goes un- responded to.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Two years after the attack on the World Trade Center my opponent introduced a bill to cut the overall intelligence budget by $1.5 billion. His bill was so deeply irresponsible that he didn't have a single co-sponsor in the United States Senate.

CROWLEY: Anyone looking for a mild springtime on the campaign trail can look again. John Kerry told a group of donors that foreign leaders he met with told him they want Bush defeated. A Bush official called that remark outside the boundaries.The storylines of the campaign are already set and character development is the first chapter. The president thinks the Senator is a waffling political opportunist with no core values.

BUSH: Senator Kerry voted for the Patriot Act, for NAFTA, for the No Child Left Behind Act and for the use of force in Iraq. Now he opposes the Patriot Act, NAFTA, the No Child Left Behind Act and the liberation of Iraq.

CROWLEY: The Senator thinks the president is a radical ideologue who doesn't know what he's doing.

KERRY: He has run the most arrogant, inept, reckless, ideological foreign policy in the modern history of our country.

CROWLEY: Sometimes you wonder what they'll be saying about each other by October.Candy Crowley CNN, West Palm Beach, Florida.

(END VIDEOTAPE)

BROWN: A few other stories making news today, Haiti first. U.S. Marines today claimed responsibility for killing a gunman who opened fire yesterday on protesters and an anti-Aristide march. It's the first known gunfire by U.S. Marines since they arrived in Haiti a week ago. Hospital officials and the Red Cross say at least nine other people were killed in Sunday's violence. At least 59 were hurt.John Henry Williams, the 35-year-old son of Boston Red Sox legend Ted Williams, lost his battle against leukemia. He died at UCLA Medical Center over the weekend. Mr. Williams, the son, created controversy after his father's death in July of '02 when he had the hall-of-famer's body sent to an Arizona lab to be frozen.The body discovered yesterday in Manhattan's East River has now been identified as Spalding Gray. The 62-year-old actor/writer disappeared almost two months ago. Mr. Gray had attempted suicide several times in recent years, suffered from depression. The cause of his death, though, is still technically at least under investigation.Coming up on NEWSNIGHT tonight, a new day in Baghdad but as an interim constitution is signed women take to the streets to say their rights had been overlooked. We take a break first.This is NEWSNIGHT on CNN.

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BROWN: In Iraq today, they signed a constitution a few days late and nothing for the ages perhaps. It is provisional, temporary. It's not especially loved by all of the parties to it.But it's hard to look at it as anything but good news and, after a weekend to think about it, it was good enough for all of them to sign or good enough for now at least, which in a winner-take-all part of the world ain't too shabby.Here's CNN's Jane Arraf.

(BEGIN VIDEOTAPE)

ARRAF (voice-over): Like proud parents, the U.S. administrator and British special representative watched the ceremony unfold. First, the children meant to grow up in democracy rather than dictatorship.There was a prayer for the dead, including the hundreds of Shias, Kurds and other Iraqis killed in attacks unleashed since the end of the war, and a document for the living.U.S.-appointed Governing Council members after delays, disagreements and false starts bridged their differences. With a special flourish, all signed their names and took their places in history. The signing took place against a backdrop of continuing attacks."Painful forces," the current head of the Governing Council said, "trying to stop Iraq's political process. They forget that the will of the people is more powerful than their plans" he said.The law entrenches a federal system, a demand by Iraqi Kurds who want to retain the power they have."This is the first time we Kurds feel we are citizens equal to everybody," said Masoud Barzani. He heads one of two Kurdish factions controlling northern Iraq.But not everyone felt so included. Outside the convention center, a group of Yazidis, an ancient sect that worries it's on the verge of disappearing, protested that they weren't represented.(on camera): Signing the constitution is a major accomplishment but it's perhaps a first step. Around this table of the Governing Council there's a lot of hard work that will still have to be done.(voice-over): Not everyone believes it can be done, creating a democratic Iraq but for a country with a history ridden in blood this document was an occasion to celebrate.

(END VIDEOTAPE)

ARRAF: And these laws call for full elections to be held no later than the end of next January with a referendum on a full constitution in October. But there's an awful lot of work before that, including when the U.S. hands over power to the Iraqi government in June, this June, what kind of government they'll be handing power back to -- Aaron.

BROWN: When they have these elections what is it they're electing? Is there -- is this going to be a parliamentary system? Is there going to be a president? What is it going to be?

ARRAF: There's going to be a president and two deputies and there will be some sort of parliamentary system. Now one of the interesting things that this constitution does is it's basically a framework. It sets forward a vision for Iraq, what this country is envisioned to look like and what that will look like is a federalist system, which has been part of what all the fuss has been about.It would envision the Kurds retaining some control of their three provinces in the north and the ability for other ethnic groups, other populations in the country to set up states. It's going to, if it works Aaron, it will be an amazing thing, a country with very diverse ethnic religious groups working together in a federalist system united by a presidency and a council but still retaining quite a lot of their own powers.

BROWN: It will be quite remarkable. Jane, thank you. It's good to see you and we'll see you soon.The interim document will be the law of the land until, as Jane said...presidency and a council, but still retaining quite a lot of their own powers. 

BROWN: It will be quite remarkable. Jane, thank you. It's good to see you. And we'll see you soon.The interim document will be the law of the land until, as Jane said, a permanent constitution is drafted and a new Iraqi leadership is elected. It is a beginning, but certainly not the last word and the final shape of democracy in Iraq. One of the great questions, one of the difficult questions facing the country is the role that Islam will play, the separation of mosque and state, if you will. And for the country's women, who had a measure of equality in the days of Saddam, the answer remains in doubt. Here's CNN's Ben Wedeman. 

(BEGIN VIDEOTAPE)

BEN WEDEMAN, CNN CORRESPONDENT (voice-over): Iraq question women march for their rights. For many, the concept has been reduced to the minimum they want, jobs, houses, and help."If a woman lost her husband, has no income, is destitute, is she not oppressed?" asked Fali al-Abdel Hassan. While the women demonstrated, across town in the Green Zone, the coalition-appointed Iraqi Governing Council was finally signing the interim constitution. Many of the council members represent Islamic parties. (on camera): Laws have been on the books here since 1959 granting Iraqi women more rights than most in the Middle East. But those rights are now under threat from conservative Islamic forces. (voice-over): Feminists Yanar Mohammed, wears a bulletproof vest after receiving death threats from Muslim fundamentalists. She says the U.S.-led coalition backs those opposed to women's rights. 

YANAR MOHAMMED, ORGANIZATION OF WOMEN'S FREEDOM IN IRAQ: We see an occupation that is supporting -- they say -- they call it modern Islam. For women, that is nothing moderate about it. If one man is equal to four women, nothing is moderate about it. They have supported these reactionary groups. They do not want to listen to the voice of women. 

WEDEMAN: To hear from the other half, we visited a coffee shop, an unassailable bastion for Iraqi men for all ages. There's not a sign on the door barring women, but it's an unwritten rule. It's a sort of place you might expect to be crawling with male chauvinists, but not so. "Who kept the country going through all the wars?" asks lawyer Ali Khalid (ph). "It was the women.""It makes no difference if the president is a woman," says merchant Naime Hazelaji (ph), "as long as they're good for the country." Maybe the next generation of Iraqi women does have something to look forward to after all. Ben Wedeman, CNN, Baghdad. 

(END VIDEOTAPE) 

BROWN: The road to today's signing ceremony was not an easy one. Many people contributed along the way in different ways. Noah Feldman was one of them. He help advise the Iraqi Governing Council on drafting their constitution. He teaches at New York University, is also the author of "After Jihad." And he joins us tonight from Washington. It's nice to see you. Is there a danger, either now or after the Americans leave, whenever that is, that Iraq becomes a theocracy?

NOAH FELDMAN, PROFESSOR, NEW YORK UNIVERSITY: The danger is always there, because there's no guarantee that the Islamic parties that are participating right now in the government will stick to their words. What we do know is that, in order to gain support in the population, the Islamists are staying and Ayatollah Ali Sistani, the senior cleric in the country, is saying that he wants democracy. In fact, democracy has been his main watch word. And once he said that and once his followers have said it, it will be difficult for them to turn on a dime and suddenly walk away from the democratic principles. 

BROWN: Well, there's lots of ways I guess you could define democracy. And I'll give you one. If I have got 60 percent of the vote, I win. And the Ayatollah Sistani has 60 percent of the vote, presumably. 

FELDMAN: Well, he has got some chunk of it, for sure, and Shia make up around 60 percent. You're right.

(CROSSTALK) 

FELDMAN: Part of the debate we saw in the last couple of days that democracy really has two components. One is the majority rules and the other is minorities have to be protected. And here, we actually saw a conflict where Ayatollah Sistani said, I don't like the fact that for final ratification of the final constitution, a minority might have a veto power. And then Shia leaders said went to him and they said, look, we need to keep the Kurds on board. And they decided to split the difference. Ayatollah Sistani said, OK, sign it. And then the minute it was signed, he said, well, in the long run, we would really like to change this. So that's a tension that's inherent in democracy. And Iraqis will have to deal it, just like everyone else in every other democracy. 

BROWN: Just a quick question. I want to move on from this. Does the Governing Council have credibility across the country? 

FELDMAN: It has credibility with the Shia. It has credibility with the Kurds. It does not have the same degree of credibility with ordinary Sunnis, because there are Sunnis on the Governing Council. But they are not people who closely affiliated with those who are sympathetic to the insurgency, certainly, or even probably to the ordinary Sunni. They're sort of notables from families inside -- traditionally powerful families inside of Baghdad. So it remains to be seen whether that all-important group, the Sunni Arabs, will have buy in this constitution. 

BROWN: In the constitutional sense, what hasn't been done that needs to be done? What often happens in tough negotiations is, you set some things aside and say, well, we'll get to those later. 

FELDMAN: Absolutely. Deferral is a great strategy when you're trying to meet a deadline. And, in general, in constitutions, it is pretty useful. So the status of Kirkuk, which is an oil-rich city that is claimed both by Kurds and by Turkoman and by some Sunni Arabs, remains undetermined. Exactly how much federalism the Kurds in the north will have remains undetermined. 

(CROSSTALK) 

BROWN: And when you say federalism, what you really mean is how much autonomy they will have, right? 

FELDMAN: I think that's right. I think that's right. This constitution sets up asymmetric federalism. The Kurds have more autonomy right now than the other parts of the country do and probably will retain that. For example, they have 50,000 men at arms and they're more or less retaining control over those, even though, theoretically, those troops will belong to a National Guard that will be responsible to a central government

.BROWN: Do you think that there's a danger still of civil war? 

FELDMAN: It's real. It's still with us. I think that we've moved one step further away from it, but if the bombings on religious Shia sites continue and if Shia who have been patient very far run out of patience and decide to take revenge against at least some Sunni, then there really could be a situation of Sunni-Shia violence. And the Kurds will then walk away from it and say, a plague on both your houses. We're just declaring independence. I don't think that's a likely outcome, but it definitely could happen. 

BROWN: I said before we were on the air, it's a good day, not a perfect day. Do you remember how you responded? 

FELDMAN: Well, I said, better than the alternatives, right? 

BROWN: And it was a perfect day, it wouldn't be real. 

FELDMAN: Right. That's right. If it were a perfect day, it wouldn't be real. If everyone agreed and they all smiled and there was no disagreement, you would know it was a setup. And that's exactly what the Middle East doesn't need and what Iraq doesn't need. We need the real thing, not a show trial, not a show government. 

BROWN: Professor, it must have been a fascinating process, a little piece of history. Thanks. Good to talk to you again.

FELDMAN: Likewise.

BROWN: Thank you, Noah Feldman. Still to come on the program tonight, trafficking in human body parts. Oh, my, the uproar at UCLA over the misuse of donated organs. Around the world, this is NEWSNIGHT. 

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BROWN: Yikes. Did you read the first one? Scientists often say -- this is an unintended segue, by the way -- scientists often say they stand on the shoulders of giants, the giants being those that broke the ground on which new advances are built. Science and medicine also depend on the goodwill of ordinary people, people who donate their bodies to benefit others. UCLA's medical school, like many others, receives over 100 bodies each year. They're supposed to be used for education and research. That's certain what the donors and their families expect.To sell the bodies for profit is certainly not part of the deal. But that is the charge at UCLA. Two arrests have been made. More could come. Here's CNN's Frank Buckley. 

(BEGIN VIDEOTAPE) 

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT (voice-over): The alleged sales of body parts were from cadavers donated to UCLA's Willed Body Program for medical education and research. Officials now believe some body parts were illegally sold for profit. 

GERALD S. LEVEY, VICE CHANCELLOR, UCLA SCHOOL OF MEDICINE: These alleged crimes violate the trust of the donors, their families, and UCLA. We are deeply sorry. 

BUCKLEY: Arrested in the case, Henry Reid, UCLA's Willed Body Program director, on suspicion of grand theft, and Earnest Nelson, an alleged middleman, who according to UCLA officials, sold the parts to research firms. Both men allegedly profited from the scheme. 

LEVEY: We have no indication that the anatomical specimens involved in this case were used for anything other than medical research. 

BUCKLEY: But that's little comfort to Shirley Williams and others, whose loved ones donated their bodies to UCLA. Ms. Williams' husband, Richard, died two years after ago a stroke. His body went to UCLA with the promise it would be returned after scientists could examine it. Instead, she said, she was told that her husband's body had been cremated, the ashes already scattered. After hearing about the current investigation at UCLA, Williams and her attorney filed a class-action lawsuit against the university. 

SHIRLEY WILLIAMS, WIDOW OF BODY DONOR: It may not be murder but it's -- it's devastating and that person that has to hear those words, you know, you just feel like you're being kicked in the stomach. 

BUCKLEY: CNN couldn't reach Reid or Nelson for comment. But Nelson did tell "The Los Angeles Times" that he removed parts from approximately 800 cadavers over a six-year period following a protocol provided by Reid. "I follow that protocol and they charge me with receiving stolen body parts?" he said. Human tissue is used in everything from surgical products to medical instrument training. Institutions like UCLA can reallocate body parts to research firms for nominal fees, but profiting is prohibited. 

PROF. MICHAEL SHAPIRO, UNIVERSITY OF SOUTHERN CALIFORNIA: We don't want to reduce persons and the representatives of persons, their body parts, to mere commodities. 

(END VIDEOTAPE) 

BUCKLEY: UCLA officials say they believe that Nelson's claim of 800 cadavers being involved is an exaggeration. But they concede, Aaron, they just don't know how many bodies are involved, because the records for the program are now in the hands of investigators -- Aaron. 

BROWN: And what is the crime? 

BUCKLEY: Well, in this case, they're very simple crimes. They stole something and the other guy received something...

BROWN: Got it. 

BUCKLEY: ... that was stolen. 

BROWN: So it's theft? 

BUCKLEY: Yes, it's grand theft and receiving stolen property. 

BROWN: My goodness. Thank you, Frank -- Frank Buckley out in L.A. tonight. "Moneyline Roundup" now and the fate of Disney's CEO Michael Eisner. My, he's made a lot of news of late, hasn't he? According to "The Financial Times," Disney's board of directors of Disney will meet next month to discuss plans of a possible successor, this as the big cable operator Comcast said it's unlikely to sweeten its about $60 billion offer to buy out Disney. A new study gives a boost to what's already a Blockbuster pill. It shows that patients taking high doses of the cholesterol-lowering drug Lipitor suffered from significantly lower rates of heart attack and stroke compared to other patients on similar, but less potent medicines. Said one doctor involved in the two-year study, "This is really a big deal." Shares of Pfizer, which makes Lipitor, were up a bunch today. It did OK in after-hours trading, as well. The rest of the market, unfortunately, was sort of nasty. Intel dragged down the Dow and the Nasdaq a bit, not a very pleasant day to start the week. Ahead on NEWSNIGHT, a new medical procedure that could offer women with cancer the opportunity to preserve their ability to have a child. A break first. This is NEWSNIGHT. 

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BROWN: It's one of the bitter truths about cancer. You can survive the disease, but the treatment that saves you can do irreversible damage, like making you infertile. For women, that's especially grim because of the limits of science, but those limits may be bending. An experimental technique which freezes and transplants ovarian tissue has taken a step forward, not a final step, but a good and important one. The results appear in today's edition of the medical journal "The Lansing."Here's CNN's Holly Firfer. 

(BEGIN VIDEOTAPE) 

HOLLY FIRFER, CNN MEDICAL CORRESPONDENT (voice-over): When Lance Armstrong was diagnosed with cancer, he knew that radiation and chemotherapy would leave him sterile. So he froze his sperm so that he and his ten wife could have a family some day. Eight years later, he's a father to three healthy children. Women and young girls don't have that clear option. Treatment for cancer and other diseases can leave them infertile. Dr. Kutluk Oktay is pioneering an experimental procedure to help women preserve the dream of becoming mothers. DR. 

KUTLUK OKTAY, WEILL MEDICAL COLLEGE: And many of these patients actually told me that it made them more upset to find out that they won't be able to have babies than they may die of Their cancer. This in effect helps them cope better with the cancer. 

FIRFER: Dr. Oktay removed part of a 30-year-old breast cancer patient's ovary and preserved it cryogenically. Six years later, it was removed from the liquid nitrogen and implanted just below the skin on her abdomen. The ovary began to make eggs, which were harvested and fertilized. One egg split into four cells and this embryo was implanted into the women's uterus. Although the women's pregnancy was not successful, doctors say the fact that her ovarian function was restored just menopause reversed gives them great hope. 

DR. JOE MASSEY, INFERTILITY SPECIALIST: The research has been slow up to this point. I think it's encouraging. We think it will go much faster now. 

FIRFER: Some express concern that the potential for reintroducing cancerous tissue into the body still exists and warn, even if a viable pregnancy results, the child will need meticulous follow-up to ensure he or she is healthy. But Dr. Oktay says this is an important first step. 

OKTAY: If our goal is to go to the moon, we're orbiting the moon now and now we're looking for the right spot to land. 

FIRFER: But for many women who successfully beat cancer, reversing menopause and regaining the possibility to have children will be nothing short of a miracle. Holly Firfer, CNN, Atlanta. 

(END VIDEOTAPE) 

BROWN: Morning papers after the break. 

(COMMERCIAL BREAK) 

(ROOSTER CROWING) 

BROWN: OK, after a brief absence, time to check morning papers from around the country and around the world. We'll start with "The International Herald Tribune," published by "The New York Times" in France. There's three good stories on the front page of the -- well, perhaps they're all good, but I like these three. The interim council -- the Iraqi council, which is an interim council, signs the interim charter. We told you about that. Down at the bottom, though, some of the complications all of this can be seen in Afghanistan. "In Afghanistan, Agony As Escape. Women Fleeing Cruel Lives Choose Even Crueler Deaths." It's a horrible -- it's a wonderfully written story by Carlotta Gall about how little life has changed for women in the post-Taliban era outside of the major cities. Inside the major cities, things are a little bit better. Anyway, it's a very good piece. It was in today's The New York Times." And, finally, some Dutch advice to U.S. on gay marriages. "Go Slowly," an interesting story, because that whole issue seems to be moving at warp speed in this country. 

"The Washington Times" leads with the Iraqi constitution. Just a kind of interesting headline to me. And, again, "The Washington Times" is the more conservative of the two papers in Washington. "Bush Chides Kerry On Intelligence Cuts, Paints Senator as a Flip- Flopper." I guess there's a couple of ways you might have led that story or headlined that story. 

"The Atlanta-Journal Constitution" starts with the constitution." "Iraqis Sign Constitution." Down at the bottom, "Kerry's Views Underscore Split in Religious Vote," a political story there. We're down to a minute.Here's good news, by the way. People say we don't do enough good news. 

"The Boston Herald" supplies some. "Drunken Surgeon Busted." That to me good news, though I know none of the details. That's 

"The Boston Herald" this morning.How we doing on time, Terry (ph)? Thirty-seven seconds. Here's good news, too. You know, people say we don't do enough good news, but 

"The Detroit News." "The Big Three Reliability Gets a Lift." So I guess those cars aren't breaking down like you used to think they did, but they were never that bad. But you know what I mean.OK, finally, 

"The Chicago Sun-Times," because we always end on that. Quickly down here, "Juanita Jordan Selling Real Estate." That's Michael Jordan's wife, is a realtor in Highland Park. Remember, I began the program by saying, you can never have too much money? That's the proof of it. "Very familiar" is the weather in Chicago.We'll wrap up the day in just a moment. 

(COMMERCIAL BREAK) 

BROWN: Before we go tonight, another look at our top story. Martha Stewart meeting today with a federal probation officer, step one in the sentencing process which concludes in June, presumably. The board of Martha Stewart Omnimedia also met today. Sources say MSNBC Stewart will either resign from the board or not stand for reelection. Meantime, CBS and UPN have dumped her TV show, "Martha Stewart Living," from their schedules. Tomorrow on this program, a town with history running through it, year-round sunshine and, yes, it could be all yours, for the right price. Huh. Before we go, Soledad O'Brien with a look at what's coming up tomorrow on "AMERICAN MORNING."

(BEGIN VIDEO CLIP) 

SOLEDAD O'BRIEN, CNN ANCHOR: Thanks, Aaron. Tomorrow on "AMERICAN MORNING," John Kerry's Swiss education. The future senator and presidential candidate was only 11 years old when he was passed off to an exclusive school in Switzerland. We'll see how that shaped the man we see today, CNN tomorrow 7:00 a.m. Eastern -- Aaron, back to you.

(END VIDEO CLIP) 

BROWN: Thank you, Ms. O'Brien.We'll see all of you tomorrow at 10:00 Eastern time. For most of you, "LOU DOBBS TONIGHT" is next.Good night for all of us.Trade Punches Early>