Monday, February 23, 2004

Bush Goes on Offensive; Nader Announces Presidential Run; U.S. Marines Land in Haiti

Bush Goes on Offensive; Nader Announces Presidential Run; U.S. Marines Land in Haiti

Aired February 23, 2004 - 22:00 ET

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

JUDY WOODRUFF, GUEST HOST: And good evening to everybody once again.The election year has a decidedly different feel tonight. After months of focusing on an ever shrinking field of Democrats, there are two new factors today and neither spells good news for whoever winds up as the nominee of that party.Factor one, President Bush and that's where we begin the whip tonight. John King, our Senior White House Correspondent, starts us off with a headline -- John.

JOHN KING, CNN SR. WHITE HOUSE CORRESPONDENT: Judy, the president delivered his most aggressive, most partisan speech of the campaign year tonight. As for the Democratic front-runner, John Kerry, the president didn't mention him by name but said a certain Massachusetts senator wants to have it both ways on taxes, both ways on trade and both ways on the war in Iraq -- Judy.

WOODRUFF: All right, John.And on to a spoiler last time and a wild card this time, although he would probably disagree with the first part. Ralph Nader got into the running. We'll talk with him, first, a headline from CNN's Candy Crowley.

CANDY CROWLEY, CNN SR. POLITICAL CORRESPONDENT: Edwards and Kerry agree, Bush engaged great, Nader in not so great.

WOODRUFF: All right and we'll be back to Candy too.Next to Haiti, the fighting and efforts to stop it, CNN's Lucia Newman on the videophone for us, Lucia a headline from you.

LUCIA NEWMAN, CNN CORRESPONDENT: Judy, U.S. Marines land in Haiti, not to support the besieged president but rather to give protection to the U.S. Embassy here.

WOODRUFF: All right and Lucia we'll be back to you as well.Finally to California, 100 days into the Schwarzenegger administration, CNN's Frank Buckley with the story and a headline -- Frank.

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT: Well, Judy, Arnold Schwarzenegger was an action star before he became the governor. His staffers now say that his mantra is action, action, action, stupid. Is the governor delivering? We'll be taking a look in later in the program -- Judy.

WOODRUFF: Okay, Frank, and we'll be talking to you as well.Also coming up tonight on the program, my interview with Ralph Nader, is he a spoiler and, if so, for whom? And in Segment 7 tonight, eating through New Orleans, not the Creole food, the Creole restaurants and everything else for that matter the battle against the Formosan termite, all that to come in the hour ahead.But we begin tonight with the president, who not so long ago said the time for politics had yet to arrive but that was before a Democratic front-runner emerged, before the White House was seen by some as struggling with its message on the economy.It was before Mr. Bush's approval numbers began slipping below 50 percent. In other words, that was then. This is now, time for a tougher message and plenty of money to tell it. Here again, CNN's John King.

(BEGIN VIDEOTAPE)

KING (voice-over): The new phase of the Bush campaign included the president's first direct assault on the Democratic front-runner.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: For tax cuts and against them, for NAFTA and against NAFTA, for the Patriot Act and against the Patriot Act, in favor of liberating Iraq and opposed to it and that's just one Senator from Massachusetts.

KING: His rhetoric was sharper and more partisan as the president tested a new stump speech on a supportive Republican crowd. Mr. Bush says Democrats would hurt the economy by raising taxes and undermine national security by giving the United Nations too much influence over decisions to go to war.

BUSH: We must never outsource America's national security decisions to the leaders of other governments.

KING: The election is more than eight months away and the president and his campaign team wanted to wait a bit longer before turning more aggressive, at least until the Democratic candidate is clear.But Iraq's political transition is in doubt, the economy is not generating jobs as fast as the White House would like, the president's poll numbers are in decline and some Republicans are getting nervous.

SCOTT REED, GOP STRATEGIST: Republicans across the country, especially the grassroots, feel now is time to slug back a little. Let's get the president back on the offense, talk about his message and get the Republican grassroots excited again about this campaign.

KING: The new speech is just the beginning. Next Tuesday's primaries could settle the Democratic race and the president will launch his first TV ads two days later.The Bush-Cheney campaign is delivering daily critiques of Democratic front-runner John Kerry's Senate voting record and Republican governors are among the Bush surrogates being asked to campaign more aggressively.

(END VIDEOTAPE)

KING: Not all of tonight's speech was aimed at the Democrats. Some Republicans have quietly questioned whether the vice president is suddenly a liability on the GOP ticket. For them the president said this. "They don't come any better and I am proud to have Dick Cheney by my side" -- Judy.

WOODRUFF: John, does the White House see any downside at all to the president coming out slugging so early in the year? After all it is only February and even though his poll numbers have been slipping this is -- we've got a long way to go until the election.

KING: They do see a downside and the president alluded to it himself during a meeting with a bipartisan group of governors here at the White House earlier today. The president said he knew this was the year of sharp elbows and sharp tongues.The president does want to get some things done this year and now that he is much more aggressive on the campaign trail, he will be even more viewed through a political scope, if you will.Anything the president does this year, of course, was going to be viewed politically but the more he engages in opposing the Democrats and fighting day to day with the Democrats the more everything he does will be viewed politically and makes it harder to get anything accomplished.

WOODRUFF: We noticed that he urged the governors to stay above politics.

KING: Yes, the governors. I don't know that anyone in the country is going to stay above politics this year when it comes to elected officials anyway, Judy. The president, it's a tough job being an incumbent president in an election year, any president, Democrat or Republican, and look the White House was getting urgent appeals from Republicans across the country to get more aggressive, start spending money and tonight is a key turning point.

WOODRUFF: OK, John King there to record it. We appreciate it.President Bush's shift in strategy is not the only twist on the election trail. Consumer advocate Ralph Nader has gone ahead and done what many Democrats had dreaded announcing yesterday that he will run as an independent. For Democratic front-runner John Kerry and his closest rival John Edwards, two more issues to address on the stump. Here's CNN's Candy Crowley.

(BEGIN VIDEOTAPE)

CROWLEY (voice-over): Earlier than most expected, the president is stepping up his campaign. Make of that what you will.

SEN. JOHN KERRY (D), PRESIDENTIAL CANDIDATE: I think George Bush is on the run and I think he's on the run because he doesn't have a record to run on.

SEN. JOHN EDWARDS (D), PRESIDENTIAL CANDIDATE: Unless he's improved the security that this administration is providing for the American people here at home, I can't imagine he's got all that much to say tonight.

CROWLEY: In a day of harmony, John Edwards and John Kerry were separately delighted to have George Bush in their line of sight but none too pleased to see this man.

RALPH NADER (I), PRESIDENTIAL CANDIDATE: Relax, rejoice that you have another front carrying the ancient but unfulfilled pretensions and aspirations of the Democratic Party.

CROWLEY: Which is to say that Ralph Nader whom some Democrats blame for taking away critical votes from Al Gore, is running for president again. Some top Democrats call Nader an opportunist, a spoiler and that was in public. No such freedom of speech on the campaign trail where the Senators John merely suggested Ralph's run is redundant.

EDWARDS: I believe that it is important for the Democrats to have somebody at the top of the ticket who is appealing to the people who voted for Nader last time. I think that candidate is me.

KERRY: I think my candidacy will speak to and appeal to many of the people who were attracted in the year 2000 to Ralph Nader.

CROWLEY: Mostly these days, Edwards and Kerry ignore each other, partly because Kerry wants to seem like but never say that his nomination is a done deal and he is in stage two.

KERRY: I'd never put my arm around a firefighter here in New York City after 9/11 and promise help and then not give it.

CROWLEY: The Kerry-Edwards no contact contest is also the natural result of Edwards' speak-no-evil campaign. Still, Edwards can't help but make the point, re: the Kerry-Bush rehash of Vietnam.

EDWARDS: This campaign and this election is not about George Bush's past, John Kerry's past or John Edwards' past. This is about the future of the American people.CROWLEY (on camera): Edwards' warm and fuzzy campaign has made him a hit among many voters. Still even aides concede all that sunshine has made it difficult to rain on John Kerry's front-running parade.Candy Crowley CNN, Columbus, Georgia.

(END VIDEOTAPE)

WOODRUFF: Later in the program we'll hear from Mr. Nader himself about why he did what so many had begged him not to do.Well, Mr. Nader himself has said that it will be difficult to collect enough signatures to get himself on the ballot in all 50 states but safe to say a lot of Democrats are worried and angry tonight about the potential Nader effect and then there's the new offense from the White House, plenty to hash over tonight.Joining us in Sacramento is Mindy Tucker, former press secretary for the Bush-Cheney 2000 presidential campaign and in New York Katrina Vanden Heuvel. She's editor of "The Nation" magazine, which last month urged Mr. Nader not to run. We're glad that both of you are with us.Katrina Vanden Heuvel to you first, Ralph Nader, is this clearly a negative for whoever the Democratic nominee is?

KATRINA VANDEN HEUVEL, "THE NATION": Ralph Nader is public citizen number one and he has many issues that should be part of the Democratic candidate's portfolio speaking to the over waning corporate power in this country, speaking to living wage, speaking to universal health insurance but as a citizen, not as a candidate. The overwhelming mass of progressive Democratic voters this year understand this is not 2000 that the stakes are too high in 2004 with the most extremist administration in our lifetime in this White House.So, we had hoped Ralph Nader would speak as the great American he is to the issues we care about but not as a candidate. He may well do very poorly and the danger is that those issues will do poorly with him.

WOODRUFF: Mindy Tucker, I talked to Ralph Nader today. He says that he is going to be taking votes away from President Bush as well. He said people are going to vote for him who are disappointed in the president. He said he think he'll persuade some Republicans just to sit home.

MINDY TUCKER, FORMER BUSH SPOKESWOMAN: I don't think that's true. I think if anything he causes a rift in the Democrat Party. They would love to come out of this primary showing unity behind one candidate but they've got this little crack that just emerged today and I think it shows there is still a liberal wing of the Democrat Party that's not entirely happy with what's going on at the top of their ticket right now.

VANDEN HEUVEL: But, if you look at the issues that John Edwards and John Kerry are speaking to, what's important for the Democratic Party to do is steal Nader's issues and speak as progressive populists. That was the mistake in 2000 and I think that Kerry and Edwards have already learned that they need to speak about fair trade, about corporate power, about two Americas, about poverty in this country. Those will be winning issues and I think if they do that they will marginalize Ralph Nader.

WOODRUFF: All right. Mindy, I want to turn to President Bush now. Any doubt I in your mind now that this president is keeping Dick Cheney on the ticket? He had something nice to say about him in a speech tonight.

TUCKER: There's never been any doubt in my mind. I think the president said over a year ago that he's going to be on the ticket with him and he believes what he said when he nominated or when he asked Dick Cheney to be his vice president that if something were to happen to President Bush, he would be an excellent president. That's the one thing he looks at in a vice president and I'm glad and I know a lot of Americans are glad that he's keeping him on the ticket. I think it's important to have that kind of strength and that kind of stature and experience between the president and the vice president at the top of our ticket.

WOODRUFF: Katrina, let me read to you something else the president said tonight in this speech to the Republican governors. He said the choice in this election is clear. He said between an America that leads the world with strength and confidence or an America that is uncertain in the face of danger, clearly a reference to what he says would happen if the Democrats were to win in November.

VANDEN HEUVEL: This administration has misled a nation into war. Think of the 500 or more men and women who have been killed because of that -- the way this administration has misled us into war. And I think that this administration had undermined America's security not strengthened. It is a mess in Iraq. Our military is stretched thin. The National Guard is strained.When you look at Dick Cheney you understand the stakes in this election. A preemptive war doctrine that undermines security, an administration that is gutting our nation for the sake of tax cuts for the rich. I come back to Ralph Nader, I'm sorry. I cannot give, as he did, a B-plus to the Democrats and a D-minus to the Republicans. This is the most extremist reactionary government and Dick Cheney represents the fact that we have a big corporation masquerading as an administration.

WOODRUFF: Mindy Tucker, the president clearly trying to paint the Democrats as the party that would make it unsafe to be living in this country.

TUCKER: He doesn't have to try to paint it. All you have to do is look at the record of the man that right now is the frontrunner for the Democratic nomination. This is a guy who says he's for the war and then says he's against the war, says he's for an increase in strong national defense but has a record of voting against it. In fact, he voted against increasing intelligence funding after the first World Trade Center bombing.This is not somebody who you can believe what he says because he doesn't act upon what he says and this is not somebody who I frankly want sitting in that chair when America's security is on the line.

WOODRUFF: Katrina Vanden Heuvel.

VANDEN HEUVEL: This is an administration, Mindy, that has lost the trust of over one-third of the American people because their sons and daughters are dying because this administration hyped the intelligence and is now stonewalling the investigation that Americans are due that it is an insult to this country. We haven't had a fair 9/11 investigation or now do not have a fair investigation into what led us to declare there was an imminent threat from the government of Iraq. Finally, this administration is gutting the money that should go to first responders that should go to homeland security for tax cuts for the rich.

WOODRUFF: All right.

TUCKER: You know it's just not accurate what you said and I can say personally my husband is over there and I know there are a lot of people in America who believe we're there for the exact right reasons. They know why we're there and they're going to finish the job they were sent there to do by a commander-in-chief who knows how to protect our country.

WOODRUFF: We're going to have to leave it there. Mindy Tucker, Katrina Vanden Heuvel, it's good to see you both.

VANDEN HEUVEL: Thank you.

WOODRUFF: We appreciate it. Thank you for being on NEWSNIGHT.Also coming up tonight on the program American Marines arrive in Haiti but will both sides accept a peace plan in time to avoid more bloodshed?And later a tasting of New Orleans, the battle to save the city from the voracious Formosan termite.From Washington this is NEWSNIGHT.

(COMMERCIAL BREAK)

WOODRUFF: In Haiti tonight, chaos appears to be growing and diplomacy dying on the vine. Opposition leaders have backed away from a U.S. supported plan that calls for sharing power with Haiti's president. American officials say they will extend the deadline until tomorrow. By then, however, rebel forces could make the whole thing moot and a small number of American forces could have their hands pretty full.Here again CNN's Lucia Newman.

(BEGIN VIDEOTAPE)

NEWMAN (voice-over): The Marines have landed, arriving in Haiti by air dressed in full combat gear here to protect the U.S. Embassy. That's where they went straight from the airport to significantly boost security for American diplomatic personnel, those who are left. All non-essential staff and hundreds of American citizens living here were being sent home as the Marines arrived. 

UNIDENTIFIED FEMALE: There are problems in the country. My country, the U.S., has asked me to leave.

NEWMAN: This as rebels led by former Haitian military and paramilitary officers remain in control of Haiti's second largest city, Cap-Haitien, overrun on Sunday.

LOUIS JODEL CHAMBLAIN, REBEL LEADER (through translator): We are proud to liberate this town, the second city of the country, which was ostracized by a government of armed thugs.

NEWMAN: This said by a former paramilitary leader accused of gross human rights violations himself. Still, many cheered while many others went on a looting rampage. Poor Haitians grabbing all the grain they could carry from warehouses by the port city's dock. Rebels and their supporters are hunting down government sympathizers vowing to march on to the capital next. Nervous and frightened, government supporters near the capital put up barricades on roads and patrolled the streets to try and prevent a rebel advance. The White House, meanwhile, have given the political opposition 24 hours more to consider a power sharing deal with President Aristide, a deadline that was supposed to have expired Monday afternoon. Washington is still holding out hope that a negotiated settlement can be reached before the breakdown of law and order becomes complete but it's unwilling to send in U.S. troops at this stage to prevent it

.(END VIDEOTAPE)

NEWMAN: Yes, Judy, the Marines are here but only and absolutely only to protect Americans, not to answer President Aristide's international plea for others to come in here and help him restore that law and order -- Judy.

WOODRUFF: All right, CNN's Lucia Newman reporting for us tonight live from Haiti.Raymond Kelly is New York City's police commissioner but a decade ago he served as the head of a United Nations group that had the job of revamping Haiti's police force. Commissioner Kelly joins us now from New York. Raymond Kelly, based on what you know about that island nation, 50 U.S. troops going to be enough to restore law and order?

RAYMOND KELLY, NEW YORK CITY POLICE COMMISSIONER: No, that's not their mission. Their mission is to secure the U.S. Embassy and I think that's a pretty formidable force to do that but in terms of securing the country, no, obviously you need a lot more than that. I think Haiti needs an international security presence. Ideally that would be some force under United Nations sponsorship that would go in there and give some order maintenance to a troubled place.

WOODRUFF: And what is to stop an international force like what you described from going in and doing what you suggest they should do?

KELLY: Well, I don't think there's anything to stop it. I don't know if there is enthusiasm to do that. There's been some talk about the French and the Canadians sending some troops there. They have a long history in Haiti of course. The Canadians have been very supportive of Haitians through the years.So, I wouldn't be surprised if we see something like that under the U.N. sponsorship but I think that's the only way that you're going to see order restored in Haiti.

WOODRUFF: You were just telling me that based on what you know of Haiti you really are not all that surprised that it's come to this.

KELLY: Well, it's a troubled land. Aristide was the only democratically elected president of Haiti. There's been lots of trouble before that. Since they won their independence from France in 1804, there was the Duvaliers and people who followed them. So, it's been a place that's racked with problems. It's the poorest place in the western hemisphere, 70 percent unemployment, 70 percent illiteracy, virtually no potable water in the country. It needs help. It needs international help. That's the only way that you're going to see order restored in Haiti in my judgment.

WOODRUFF: What do the Haitian people themselves want?

KELLY: Well, the Haitian people want what everybody else wants. They're gritty, tough, very impressive people. They have a great work ethic. They just, they need a little assistance. They would love to see intervention obviously by the United States but I don't think that's going to happen. So, any sort of international presence, I think, is what the majority of the Haitian people are hoping for.

WOODRUFF: So, if the United States is not going to make that happen what could make it happen? Is it going to have to come from the rebels, the different rebel groups themselves or from where?KELLY: Well, I think ideally it would come from the U.N., possibly the CARICOM, the Caribbean community nations, possibly the OAS. They don't have, I think, the clout or the forces to do that though. I think the U.N.-sponsored intervention would be something very much accepted, as I said, by the Haitians and would restore order. I don't think it would take much. It's not going to take a large force. Haiti is a rather primitive country in many ways and I think a professional military force could restore order there fairly quickly.

WOODRUFF: New York City Police Commissioner Raymond Kelly who a decade ago was in Haiti heading up a United Nations group charged with revamping the security in that country, Commissioner Kelly good to see you again. We thank you very much for talking to us tonight.

KELLY: Glad to be with you, Judy.

WOODRUFF: We appreciate it.And coming up on the program the situation in Iraq as a new possible time table for elections emerges.Around the world this is NEWSNIGHT.

(COMMERCIAL BREAK)

WOODRUFF: In Iraq today, Defense Secretary Donald Rumsfeld got a blunt report from coalition officials. They told him in no uncertain terms that Iraqi security forces are not ready to police the country on their own. Mr. Rumsfeld is visiting Iraq in part to assess the security situation as the deadline for handing over power approaches. Today, the United Nations had more to say on how and when that should happen.Here's CNN's Jane Arraf

.(BEGIN VIDEOTAPE)

JANE ARRAF, CNN BAGHDAD BUREAU CHIEF (voice-over): Although the U.S. and Britain will hand over power on June 30th, a U.N. report released Monday suggests Iraq won't be ready for elections until late this year or early 2005.

KOFI ANNAN, U.N. SECRETARY-GENERAL: We both agree that electoral issue is extremely important and we need to find a way of moving forward.

ARRAF: The first step will be to draft laws for elections and for a government.

CARINA PERELLI, UNITED NATIONS: We have come to the conclusion that once those basic agreements are reached among the Iraqis it would take at least a month to be able to conduct a credible, well organized election that has results accepted by everybody.

ARRAF: In January, tens of thousands of Shias took to the streets in support of their spiritual leader Ayatollah Ali al-Sistani, who called for elections immediately after the handover. A statement from his office this week indicates that Sistani will go along with the U.N. recommendations. The Shias, who make up the majority of Iraq's population, have been the most visibly worried about election delays.

JEREMY GREENSTOCK, BRITISH REPRESENTATIVE TO IRAQ: It's the concern of the Shias that they might be denied the power they've never had for some of these decades previously. There are competing concerns but Iraq has been a traumatized nation out of this recent period and therefore you would expect fears to be on the top of everybody's mind because they've been a frightened people.

ARRAF: One of those competing concerns is how much power Iraqi Kurds, who have controlled their own territory since 1991, will retain in a new unified Iraq. Greenstock said Arabs and Kurds could be nearing agreement.

GREENSTOCK: There is a compromise between they're playing a part in the center and they're getting autonomy in their region. I think we're very close to realizing that compromise in language in the law that is going to be adopted. 

ARRAF: As for what sort of caretaker governments the U.S. and Britain will hand over to in June, that's the next step to be decided and the next comprise. Jane Arraf, CNN, Baghdad.

(END VIDEOTAPE) 

WOODRUFF: And a few more stories around the world before we go to break. As Defense Secretary Rumsfeld was arriving in Iraq today, a suicide bomber attacked a police station in the northern city of Kirkuk. Coalition officials said the explosion killed at least eight Iraqi police officers and wounded 33 others. Two children were also hurt. In Iran, hard-line conservatives have reclaimed power after a landslide victory in disputed parliamentary elections. The vote was widely boycotted by reformists and Iran's Interior Ministry said just half of eligible voters cast ballots, a record low turnout. Hard- liners say turnout was closer to 60 percent. And at the Hague, the International Court of Justice today began hearings on whether the barrier that Israel is building along the West Bank violates international law. The court's decision, which will be nonbinding, is expected in a few months. Still to come on NEWSNIGHT, a 100-day update. How has Arnold Schwarzenegger done in dealing with California's problems? That story and more ahead. 

(COMMERCIAL BREAK) 

WOODRUFF: Back when he was mayor of New York City, with the city in pretty dire shape, Ed Koch became known for asking just about anyone he would meet, how am I doing? Twenty years later and three times zones away, Arnold Schwarzenegger, Governor Schwarzenegger is tackling many of the same problems that Ed Koch did, only on a larger scale, with more at stake. The question itself hasn't changed. After a little more than three months on the job, how is he doing? Here is CNN's Frank Buckley.

 (BEGIN VIDEOTAPE) 

GOV. ARNOLD SCHWARZENEGGER (R), CALIFORNIA: We are here, ladies and gentlemen, to clean house. 

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT: As a candidate, Arnold Schwarzenegger promised to do a lot during his first 100 days in office. 

SCHWARZENEGGER: I will consolidate programs, streamline bureaucracy and get more money directly to the classroom. 

BUCKLEY: As a governor, he wasted no time doing what he could on his own. On day one, he ordered a repeal of the tripling of the car license fee. 

SCHWARZENEGGER: This is action, not just dialogue. 

BUCKLEY: Since then, he's enlisted the legislature in repealing the law that gave illegal immigrants driver's licenses and cultivated bipartisan support for ballot initiatives that if enacted will refinance the state's massive debt and force balanced budgets in the future. 

SCHWARZENEGGER: I need your help. BUCKLEY: Staffers say the former action star's mantra is right out of Hollywood. 

ROB STUTZMAN, COMMUNICATIONS DIRECTOR: It is action, action, action, stupid is our watch word, our phrase. BUCKLEY: Has he delivered? 

FABIAN NUNEZ (D), CALIFORNIA ASSEMBLY SPEAKER: I think this governor really has done a very good job in his first 100 days in office. 

BUCKLEY: One of his Republican supporters? Hardly. Fabian Nunez is the Democrat assembly speaker. He opposed Schwarzenegger in the recall. He's taken off the gloves since the election, to put them away. 

NUNEZ: And what you don't hear from me and I think many others of my colleagues is that we're not beating up this governor. And the reason why we're not beating him up is, he doesn't deserve to be beaten up. 

BUCKLEY: Sacramento is governed by a new tone, say most observers. partisanship rules the day. 

SEN. JIM BRULTE (R), CALIFORNIA SENATE REPUBLICAN LEADER: This is a governor who is changing the culture in the capital. 

BUCKLEY: They even smoke here now. The governor has got a cabana where he enjoys cigars with legislators he wants to know better. And it is not, say capital veterans, governing in a smoke- filled tent, but rather a breath of fresh air. 

JOHN BURTON (D), CALIFORNIA STATE SENATOR: I've been through a whole lot of governors. And none of them never ever came up to see me. So he's pretty good at that. And he supplies me with candy and flowers and Bon Bons and DVDs. So he's pretty good at courting. 

BUCKLEY: But it is early. And social issues like the gay marriages taking place in San Francisco could force the governor into distracting battles. And while proposals and ballot initiatives are action, they're not accomplishments. Still, the governor is eternally optimistic. 

DANIEL WEINTRAUB, "THE SACRAMENTO BEE": And sometimes a little bit delusional that everything is fantastic with him, as he's known to say, everything is wonderful, but there is no denying that he is a force for optimism and hope and this idea that California is governable. 

(END VIDEOTAPE) 

BUCKLEY: So, in short, Governor Schwarzenegger is at least getting an A for effort and has a few accomplishments under his belt. But March 2, when this bond measure is up on the initiative ballot, that's what is really going to be telling, Judy, because if it in fact passes, then the state will have the financial slate wiped clear, according to the governor. He will have a great deal of leverage for other things that he wants to accomplish. If it doesn't pass, then the governor may be looking at some very serious cuts and most observers here, believe, Judy, that he will in fact have to call for a raising of taxes -- Judy. 

WOODRUFF: I don't think you can overstate how much is riding on that March 2 bond measure, Frank, coming up next Tuesday. All right, who would have thought a smoke-filled cabana, right? OK, Frank Buckley. And before we go to break, our "Moneyline Roundup," starting tonight with the Comanche helicopter. After 20 years of development at a cost of $7 billion, the Army today pulled the plug. Boeing and United Technologies were expecting another $14 billion when the Comanche went into production. Halliburton next. The Pentagon says the question of whether a subsidiary overcharged for gasoline in Iraq is now a criminal matter. And Martha Stewart got a boost today from a business manager of hers. Heidi DeLuca was testifying on behalf of co-defendant Peter Bacanovic. She told the jury that, in November of 2001, Mr. Bacanovic talked about selling Ms. Stewart's ImClone shares even before they fell to $60. It somewhat weakens the government's theory that Mr. Bacanovic and Ms. Stewart cooked up the $60 figure as a cover story after ImClone collapsed and the feds came knocking. Next up on the program, why is Ralph Nader running for president again? And what effect does he think he'll have on the race? My conversation with him in just a moment. This is NEWSNIGHT.

(COMMERCIAL BREAK)

WOODRUFF: Many Democrats were using the S-word today, calling Ralph Nader a spoiler. Mr. Nader, as you might imagine, doesn't see it that way. The S-word he prefers is second front. OK, sticking with the military-speak, how does he see the battle then? I spoke with him earlier today. 

(BEGIN VIDEOTAPE) 

WOODRUFF: You ran four years ago. You got, what, three percent of the vote. Do you honestly and seriously believe that you have a real shot at winning this election this year? 

RALPH NADER (I), PRESIDENTIAL CANDIDATE: Well, you know, the stock answer, it depends on the voters and the media. But there are other purposes for the campaign. I don't think there's too much political organization behind 45 million workers who don't make a living wage in this country, or 45 million people who don't have health insurance, of which 18,000 die every year. Or there's enough organized effort to crack down on corporate crime, fraud and abuse, or the environment. In other words, we need more voices, more energies, more political and civic involvement. 

WOODRUFF: I hear what you're saying, but the practical effect -- if you're saying, in essence, there are other reasons, beside actually going to win this election, the practical effect is to help or hurt the other candidates. And as you know, every Democrat who's practically got a vocal chord today is out there saying, Ralph Nader you're making a mistake. 

NADER: Well, first of all, they're wrong. I mean, I've seen the assertions that New Hampshire was lost, you know, because of my vote. I got more Republican votes than Democrat in New Hampshire in 2000. So if CNN does a poll for my supporters, and breaks them down in the next few weeks, how many come from Republicans, how many come from Independents, how many come from Democrats, very few are going to come from Democrats, because the out-of-power party members come back into the fold, as Senator Kerry said quite correctly two days ago. 

WOODRUFF: So you're saying you think you will be drawing as many Republicans as you are Democrats in this campaign, given your positions on the issues? 

NADER: Yes, because look at the overlap of concurrence here. The conservatives are furious with Bush over corporate subsidies and the energy and Medicare bill. OK? Now, I agree with that. They're furious with him over the Patriot Act and big brother and surveillance. I agree with that. 

WOODRUFF: But why would they turn to Ralph Nader rather than some other conservative who's running? 

NADER: Because there isn't any other conservative. They're either going to vote for an Independent or stay home. And, by the way... 

WOODRUFF: But aren't they more likely to stay home, which is what a lot of analysts are saying? 

NADER: They can be encouraged to stay home by an Independent candidacy. You see, I can probe that area, because there's so many overlaps. They don't like the idea of Congress increasing their pay regularly. They don't like the idea of softness on corporate crime, the Enron thing. They're very upset by that. They hate the deficits that are growing. There's a real revolt brewing in conservative circles. And then there's the liberal Democrats -- excuse me, the liberal Republicans, who never liked Bush to begin with. 

WOODRUFF: Well, we're familiar with what the Democrats are saying, because they -- but essentially, you're arguing that the White House should be worried about your candidacy. But they're not saying anything negative about it. They're saying it doesn't affect anything they're doing. 

NADER: Well, that remains to be seen. But I think we have ways to take the Bush administration apart that the Democrats are either too cautious or indentured through their financial contributors. For example, President Bush is raising $200 million. Now, he's raising it from all the corporate fat cats who've got business before the Bush administration: contracts, grants, deregulation, things they want, right? Why aren't the Democrats exposing that? Because they're dialing for the same dollars. I'm not dialing for those dollars. 

WOODRUFF: You endorsed Dennis Kucinich back in January. 

NADER: Yes. 

WOODRUFF: And you said you were supporting him. What happened? He's still in the race. 

NADER: Well, I still urge Democrats in the primary to support him. I've worked with him for 30 years. I would love him to be the Democratic nominee. 

WOODRUFF: But what? I mean, but you've announced you're running. 

NADER: It doesn't seem like he's a front-runner yet. That's the problem. The real Democrats in the progressive tradition of the Democratic Party are getting nowhere in the midst of the corporate Democrats. 

WOODRUFF: We've already heard from John Kerry, John Edwards. They both have said they wish you weren't running. We've heard from any number of other Democrats. Howard Dean just put out a statement saying -- he said, if George Bush is re-elected, all of the health, the safety, the consumer, the environmental, the open government things that you've spent your life working for will all be undermined. And he said that the judges that the president is appointing will still be in office 50 years from now. NADER: Agreed. 

WOODRUFF: In other words, that's going to be on your shoulders. 

NADER: Agreed. I think that a second front against Bush is going to be very, very effective. By the way, Governor Dean did his best to rip into Kerry. Remember -- I mean, they ought to talk. The main thing is we need more competition, more voices and choices. We're asking for volunteers to get on the ballot in those difficult states. And, by the way, Judy, you should see the bias in state laws against third parties, Independent candidates. We've got a whole listing of the 50 states' requirements on our Web site, VoteNader.org. 

WOODRUFF: But you're saying you can get beyond that. Ralph Nader, finally, all these people are saying this is all about Ralph Nader's ego, about himself, and not about the party, and not about the cause. 

NADER: This is a commitment to justice, Judy. I've been working for 40 years on behalf of the health, safety and economic well being of the American people. I don't like citizen groups being shut out by both parties in this city, corporate occupied territory, not having a chance to improve their country. 

WOODRUFF: Doesn't hurt you to hear that? 

NADER: Hurt me to hear what? 

WOODRUFF: That people are saying this is all about your ego? 

NADER: That's because they have no other argument. You see, that's name-calling, like Governor Bill Richardson, who is a chronic speedster in his car as governor. He violates speed laws. He's probably a little irritated that I pointed that out. 

WOODRUFF: OK. All right, Ralph Nader fighting back. He's running -- you're running as an Independent. Thank you very much. 

NADER: Yes, thank you. 

WOODRUFF: We appreciate you coming by. 

(END VIDEOTAPE) 

WOODRUFF: We may try to find out what Governor Bill Richardson has to say about that. Well, still ahead on NEWSNIGHT, eating their way through New Orleans. But these are the kind of tourists you don't want in your town. 

(COMMERCIAL BREAK) 

WOODRUFF: Tomorrow is Fat Tuesday, another way of saying it, Mardi Gras, the last party before lent.In New Orleans, it adds up to a lot of crayfish, a little bourbon and letting the good times roll. But if it is last party for people, at least for a while, there is a team in New Orleans working day and night to make sure it is also the last supper, period, for some other creatures. Here is CNN's Mike Schulder. 

(BEGIN VIDEOTAPE) 

MICHAEL SCHULDER, CNN CORRESPONDENT (voice-over): In the old French quarter of New Orleans, a lesson in warfare. In order to defeat your enemy, you must understand your enemy. 

NAN-YAO SU, TERMITE EXPERT: The problem with human beings, that we are very visual animals. If we don't understand them, we have a hard time understanding them. The sideboard, huh? 

SCHULDER: After spending his childhood playing with insects, Nan-Yao Su has devoted his entire career to understanding the enemy in question, one of the most veracious insects in on the planet, the Formosan Termite. 

SU: Wow. Now, this is probably only part of the large nesting structure, we are seeing. 

SCHULDER: Formosan Termites arrived on a ship returning from Asia after World War II underground, out of sight, they steadily built up their colonies digging webs of tunnels that extended more than 300 feet infesting the historic buildings put up when this territory belonged to France and Spain. You'd have to dig up the entire city to find them all. 

ED BORDAS, HEAD OF THE NEW ORLEANS EXTERMINATION EFFORTS: Basically these buildings are 200 years old and older and older, and to lose these structures to the Formosan Termite would have been tragic. 

SCHULDER: New Orleans native, Ed Bordas is the city's chief commander in the war on termites. 

BORDAS: I knew nothing, really, about what was going on, and I was guilty. I had a pest control business, I used chlordane and I thought when I sprayed that chlordane, I killed all those. I was fooling myself and fooling the world. 

SU: You know, it's human reaction to insects -- when you see insects most people say, Ah-uh, yuk, spray them. So, basically you are doing is what I call the spray and pray. 

SCHULDER: Year after year of spraying and praying did not work, which is why during spring mating season, the air in New Orleans is thick with the Formosan Termite's version of speed dating. The termites were winning. The strategy had to change. 

SU: We don't even use any chemicals unless we find them. And we only put where we found them.

BORDAS: Thinking, why not bring the termite to us, rather than us trying to protect the building, chase the termites, move them around, and not kill the colonies. 

SCHULDER: Small holes were drilled throughout the French Quarter. Simple blocks of wood inserted without any chemicals. When the termite tunnels hit the blocks of wood and the termites start eating... 

SU: Now we are going to replace this one with bait. So termite come in connecting to this station here, it will carry this bait and going back to the nest and give the poison to everybody else.

 SCHULDER (on camera): And you can insert enough poison on this bait to get the whole colony? 

SU: It does not takes a lot. 

SCHULDER: Now let me ask you something, because I'm looking at this bait station here, and if I'm a smart termite, I'm going to say, That does not look like wood to me. How do you convince them to eat that stuff? 

BORDAS: They're blind.

(LAUGHTER) 

SCHULDER: Is that right? 

ED: Oh, absolutely. 

SCHULDER: How convenient. That's got to taste different from wood. ED: Better. 

SU: Better 

ED: It's paper. That's whey they eat paper between the wood first. 

SU: They love soft paper more than the wood. 

SCHULDER (voice- over): And, so these super termites, which have spread from a mere four colonies in the 1960s to countless infestations throughout the southeast, may have finally met their match. There are signs that their numbers are decreasing, and the progress is being made using just a tiny amount of chemicals strategically placed using the enemy against itself. 

SCHULDER (on camera): What makes you think that you two guys Ed Bordas and 

NAN-YAO Su can outsmart these -- this species that's been around for a hundred thousand of years? 

SU: We never promised we will, but we are making good progress. 

SCHULDER (voice-over): From the French Quarter in New Orleans, Michael Schulder, CNN.

(END VIDEOTAPE) 

WOODRUFF: Boy, that's optimism. It gives a whole new meaning to the term Fat Tuesday. Well, coming up next, we'll update our top story and we'll preview tomorrow. Stay with us. 

(COMMERCIAL BREAK) 

WOODRUFF: Before we go, a quick recap of our top story: President Bush tonight launching a tougher phase of his campaign for reelection. He dished up red meat on taxes, saying Democrats would hurt the economy by raising them. He did not, however, mention an opponent by name. Tomorrow night on the program, the message, the marketing and the theology behind Mel Gibson's "The Passion of the Christ." That's NEWSNIGHT for tonight. Thanks for watching. Aaron is back tomorrow. And for those of you left wondering from Friday and our segment on "Sex and the City," it was Big.I'm Judy Woodruff. 

Please join me tomorrow at 3:30 Eastern for "INSIDE POLITICS." Good night.TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.comU.S. Marines Land in Haiti>

Friday, February 20, 2004

Judge in Stewart case says securities fraud case is problematic; Prosecution rests in Martha Stewart case; Same-sex couples flocking to San Francisco for marriage licenses; Supreme Court to hear Padilla case; Jane Roe fights against Roe v. Wade in Fifth Circuit;

Judge in Stewart case says securities fraud case is problematic; Prosecution rests in Martha Stewart case; Same-sex couples flocking to San Francisco for marriage licenses; Supreme Court to hear Padilla case; Jane Roe fights against Roe v. Wade in Fifth Circuit;

Aired February 20, 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. I've never said that before.It is a rare TV series that has an ending at all. Mostly they just get cancelled. It is even more rare to really care about how a TV series ends. "Mary Tyler Moore" had an ending. I don't remember anyone debating beforehand what the ending should be. "M*A*S*H" ended and people talked about it but after, not before. "Sex in the City" is different. People are invested in the ending. It matters to people even, of course, as it doesn't matter at all. It's a TV show but all around the country this week people talked about Big and the Russian and Carrie and the rest as if they were real people with real lives. We did it here, Molly saying this, Kate saying that, the men chiming in as well, though I'm not sure we really felt our opinions mattered very much. It's Friday and "Sex and the City" is a perfect Friday story. It's the dessert tonight. We serve the entree first and the entree was well prepared as it turns out by Martha Stewart stuck in a drama of her own, Allan Chernoff covering, Allan a headline from you tonight.

ALLAN CHERNOFF, CNN CORRESPONDENT: One of Martha Stewart's best friends raises reasonable doubt about her damaging testimony, the kind of doubt that can build confidence for Martha Stewart now that the government has rested its case -- Aaron.BROWN: Allan, thank you. We'll get to you at the top tonight.Now, San Francisco, gay marriage in the courts, again CNN's David Mattingly is covering, David a headline today.

DAVID MATTINGLY, CNN CORRESPONDENT: Aaron, gay marriage opponents failed for a second time to stop same-sex couples from getting marriage licenses in San Francisco, which is now no longer the only place where gay couples are getting married in this country -- Aaron.

BROWN: David, thank you.Dallas next, abortion and the legal challenge to Roe v. Wade being fought by Jane Roe herself, Ed Lavandera worked the story for us, Ed a headline.

ED LAVANDERA, CNN DALLAS BUREAU CHIEF: Aaron, nine years ago the woman known as Jane Roe changed her mind. She was once a staunch supporter of abortion rights but now she's vowing to return to the Supreme Court to end legalized abortion. We'll explain what she's doing -- Aaron.

BROWN: Ed, thank you.And now the search for Osama bin Laden and how it might be different this time, our National Security Correspondent David Ensor on that so, David, a headline.

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT: Aaron, a large number of military and intelligence assets are being assembled on both sides of the Afghan-Pakistani border. What's different this time is that a lot of those assets are Pakistani and there may be incentive for the president of Pakistan to really try to help to find Osama bin Laden.

BROWN: David, thank you. We'll get back to you and the rest shortly.Also coming up on this Friday edition of NEWSNIGHT, as we said, we're going to talk about sex, well "Sex in the City" that is and for those of you who are saying what is "Sex and the City" and why are they making such a fuss about it we've taken care of that as well. Nissen condenses five years into five minutes.The rooster, who loves "Sex in the City," will stop by for your morning papers for Saturday.And a very special bonus segment tonight, the man who turned humiliation into stardom. It is Friday, all that and more in the hour ahead.We begin with the Martha Stewart trial, the prosecution resting today, fair to say though it might have been better had the prosecution rested yesterday before the defense could take a shot at one of their star witnesses and possibly inject some reasonable doubt into what yesterday sounded like very damning testimony.Here again, CNN's Allan Chernoff.

(BEGIN VIDEOTAPE)

CHERNOFF (voice-over): After hearing potentially devastating testimony from one of her closest friends, Martha Stewart got a slight reprieve. Mariana Pasternak under cross-examination questioned her memory of Martha Stewart bragging about her broker. "I do not know if that was a statement made by Martha or if it was a thought in my mind" Pasternak conceded. On Thursday, Pasternak recalled Stewart telling her, "Isn't it nice to have brokers who tell you those things," referring to broker Peter Bacanovic tipping her that ImClone chief Sam Waksal was trying to dump his stock. Prosecutors have argued that tip led Stewart to sell her ImClone shares.Prosecutor Michael Schachter tried to regain ground by asking for Pasternak's best recollection to which she responded "I believe Martha said it." Shortly thereafter, prosecutors rested their case.As defense attorneys made motions to throw out charges, Judge Miriam Cederbaum said the securities fraud count against Ms. Stewart is problematic. She assigned homework for the weekend, written arguments on why the charges should or should not be tossed.

ROBERT MORVILLO, DEFENSE ATTORNEY: We're going to do some research and writing.

CHERNOFF: And you go and ask to throw out all of the counts?

MORVILLO: All of the counts.

CHERNOFF: What do you think the odds of success are?

MORVILLO: Oh, I don't evaluate the odds of success. That's what the judge gets paid for.

CHERNOFF: But on the securities fraud in particular?

MORVILLO: That's what the judge gets paid for. She'll read what we write and then she'll make a decision as to what she wants to do.

(END VIDEOTAPE)

CHERNOFF: Peter Bacanovic's legal team now takes center stage. They'll spend next week presenting their case and then Martha Stewart's lawyers get their chance -- Aaron.BROWN: Let's just explain as briefly and as simply as we can what the securities fraud charge is because it is a pretty novel charge in this case.

CHERNOFF: In fact, that's exactly the word that the judge herself has used to describe this. Normally, securities fraud deals with insider trading but Martha Stewart is not charged with criminal insider trading. Rather, the securities fraud charge here addresses Martha Stewart allegedly trying to defraud investors in her own company by saying she did nothing wrong in selling her ImClone stock.

BROWN: So, by proclaiming her innocence she was defrauding the stockholders, the government alleges, of her own company. Allan, thank you. You'll be back in court next week. Jeffrey Toobin is here. Well, well, well, well, well Mr. smart lawyer

.JEFFREY TOOBIN, CNN LEGAL ANALYST: It was a great moment in court. When that -- when she said in court, well maybe it was Martha talking and maybe it was in my own head, you could sort of hear this ripple go through, what did she just say? And, no, she really -- it was an embarrassment for the prosecution but... 

BROWN: How did this happen?

TOOBIN: Well, I mean obviously -- and they went through some of her prior statements. She had waffled on this in the past. She was much more definitive in her direct testimony than she had ever been before but it is worth pointing out though this part of the statement kind of went south on the prosecution, the main thing she said about Martha Stewart that Martha Stewart knew that the Waksals were dumping their stock, which is the most incriminating thing she said, that was not challenged on cross-examination. So, that still stands well for the prosecution.

BROWN: OK, let me just be slightly argumentative, just a citizen here.

TOOBIN: By all mean.

BROWN: If I think, if I as a juror think a witness is flaky, I question everything that witness has said.

TOOBIN: Absolutely. It's like what Barry Scheck said in the O.J. Simpson case when he said, you know, when you find a bug in your spaghetti you don't just remove the bug from the spaghetti. You throw out the whole bowl and there is that possibility that they will do that with this testimony.

BROWN: How novel is the -- well, I want to go back to this one more second. They interview this woman, the prosecution does, and do they have to turn over the notes?

TOOBIN: Yes.

BROWN: So, the defense knows that she's been a little flaky.

TOOBIN: Right.

BROWN: Not a legal term here and I'm not trying to disparage her but that's how it sounds. They know that.

TOOBIN: Yes. They do know that.

BROWN: So they know to go after her.

TOOBIN: They know to go -- I mean Robert Morvillo in his cross- examination he went right to that. And, if I could just digress for one minute, my favorite moment in her testimony, she said well -- the lawyer said, you know, you were sitting on a chair. She said no, it wasn't a chair it was a chaise. 

BROWN: That is going to warm you to the hearts of the jury right there.

TOOBIN: That's a great sort of Martha touch there.

BROWN: That's perfect. The securities fraud charge, I said novel. It sounds almost unfair to say if you declare your innocence that you are committing a crime.

TOOBIN: It is unfair and, as Allan said and as the judge said, it is an unusual way of charging it. But, I mean in fairness to the prosecution they put on securities analysts who said, look, the Martha Stewart company came to us and said don't worry about the company because Martha is innocent. She didn't do anything wrong. Don't worry about our company. So, they made a direct tie between the proclamation of innocence and an impact on the Martha Stewart stock price. That doesn't get rid of the fundamental unfairness that seems to bother you but it's not a made up idea that her declaration of innocence had potential impact on the stock price here.

BROWN: But what the judge did not allow is any investor to come in and say he or she relied on that statement before buying or selling Martha Stewart Living.

TOOBIN: That's right. That was one area that she precluded and you could see that every time the securities fraud charge came up in court the judge was uncomfortable with it. I mean, you know, part of this case is very straightforward, false statements, obstruction of justice. The securities fraud has always troubled the judge and sometimes these judges they sort of hope the jury acquits on that count so they don't have to worry about it.

BROWN: All right, 30 seconds, not asking you to predict an outcome here, just tell me how the prosecution did overall.

TOOBIN: Better than I expected. I thought this was a weak case and I thought Faneuil did much better on the witness stand that many of us expected and Annie Armstrong, Martha Stewart's secretary, talking about Martha altering that message on the computer, then saying restore it. It was all a lot stronger than I expected.

BROWN: And the defense team is formidable.TOOBIN: It is but don't count on a long defense case. I wouldn't be surprised if this case goes to the jury by the end of next week.

BROWN: Really because the stockbroker side of this has been endless.

TOOBIN: It's been somewhat endless but, you know, I don't think there are going to be a lot of witnesses. There's maybe going to be a -- there was one witness today, a fairly minor witness. But, you know, defense cases they always talk bit. We're going to have a lot of witnesses. I don't think there are going to be a lot of defense witnesses. You could see summation by the end of the week.

BROWN: Control room is going to kill me, yes or no Martha testifying?

TOOBIN: No. 

BROWN: Thank you. Have a good weekend.

TOOBIN: See you.

BROWN: Thank you.On to San Francisco where the rush on gay weddings continues and where a court battle is looming, three lawsuits have now been filed since the city began performing marriages eight days ago. Today the judge combined the cases into one but he also denied again a request to stop the weddings; reporting from San Francisco CNN's David Mattingly.

(BEGIN VIDEOTAPE)

MATTINGLY (voice-over): For the second time, opponents of same- sex marriage in San Francisco left a California courtroom unable to stop the city's gay marriage spree.

MATHEW STAVER, LIBERTY COUNSEL ATTORNEY: How can the mayor enforce laws on the citizens of San Francisco when the mayor and his staff are potentially breaking ten civil laws, the criminal code, and two constitutional provisions?MATTINGLY: A judge refused to issue a restraining order saying the nearly 3,200 marriage licenses issued to same-sex couples so far created no irreparable harm.

THERESE STEWART, CHIEF ASSISTANT CITY ATTORNEY: We're glad the court is going to hear the merits of those issues and that the court did not in the meanwhile stop the city from allowing gay marriages to happen and we're proud of the city for taking that stance. But, by the way, this isn't just about San Francisco. This is about the whole country.

MATTINGLY: Gay marriage opponents expressed a sense of urgency asking the judge to hurry the case along. Each married couple now conceivably can challenge local governments, employers, and insurance companies to provide benefits equal to heterosexual couples.Already, hundreds married in San Francisco have returned to homes in other states. Meanwhile, same-sex couples lined up for marriage certificates Friday in the small town of Benalillo, New Mexico. Similar lines can be expected just two and a half months from now in the state of Massachusetts.

(END VIDEOTAPE)

MATTINGLY: All this while the really tough questions still have not been addressed in San Francisco in court. Is the city breaking the state law that defines marriage between one man and one woman or are same-sex marriages truly protected under the state constitution -- Aaron?

BROWN: This whole issue it seems like in just the last three months has moved at the most rapid speed. Are they still, are couple still flocking to San Francisco to get a marriage license?

MATTINGLY: We saw lines outside City Hall today just as we've seen for days now but you will not see those lines come Monday morning when the city opens for business. People will have to get an appointment so all the marriage licenses will be handled by appointment, which is a sign that the city is trying to get back to business as usual.

BROWN: David, thank you for your work this week, David Mattingly in San Francisco.Ahead on the program tonight, tracking Osama bin Laden, CNN's David Ensor on U.S. plans for a renewed offensive to catch the leader of al Qaeda.And later, a new twist in the Roe v. Wade story as the woman at the heart of that case goes back to court on the other side.From New York this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: In the new normal dirty bombs and enemy combatants are phrases that have come to seem familiar, which is scary in itself. The two phrases have collided in the person of Jose Padilla, a suspected terrorist who has been held in a military brig for almost two years without being charged with anything and without access to anyone, including a lawyer.Mr. Padilla is a U.S. citizen born in Brooklyn. He wasn't captured on a battlefield but arrested in Chicago. No matter how it turns out it is an extraordinary case, which the U.S. Supreme Court has decided to hear, reporting for us, CNN's Kelli Arena.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN JUSTICE CORRESPONDENT (voice-over): Despite being a U.S. citizen, Jose Padilla has been held indefinitely in a naval brig in South Carolina. He's never been charged and hasn't seen a lawyer.Now the Supreme Court will decide whether the president can take away such constitutional rights during wartime, calling into question the key powers the Bush administration says it needs to fight terrorism.

DONNA NEWMAN, PADILLA'S ATTORNEY: I am confident that they will likewise find, as the Second Circuit found, that the president does not have the authority he now claims, this unbridled authority he now claims he has.

ARENA: Padilla designated an enemy combatant, was initially picked up at Chicago's O'Hare Airport. He is accused of plotting to set off a radioactive dirty bomb inside the United States. The government says he "represents a grave danger to the national security." 

ALICE FISHER, FORMER JUSTICE DEPARTMENT OFFICIAL: Military detention is to deprive the enemy of combatants that will go back and fight against our soldiers and fight with the enemy and whether they are here or whether they are abroad the war powers and international law command that those individuals who are intent on attacking us can be detained.

ARENA: Just last month, as it became clear the Supreme Court would get involved, the Pentagon said it would allow Padilla to see his lawyers. His lawyers say they expect that within two weeks but the government will monitor the meeting and certain topics are off limits.(on camera): How and why certain individuals are designated enemy combatants has never been fully explained by the Bush administration but CNN has learned the White House counsel is expected to shed some light on the process in a speech next week.Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

BROWN: On now to the search for Osama bin Laden. For more than two years now American forces have been stymied by the support he enjoys along the border of Afghanistan and Pakistan where it's believed he's hiding that and Pakistan's reluctance to fully help, along with the diversion of manpower to Iraq has hampered the search. But things may, may finally be changing. That's the promise at least, the hope.Here's CNN's David Ensor.

(BEGIN VIDEOTAPE)

ENSOR (voice-over): Along Pakistan's border with Afghanistan an all-out effort is underway to hunt down Osama bin Laden, believed to be hiding out in the remote tribal region.On a secret mission last week, U.S. intelligence chief George Tenet spent a day in Islamabad meeting with Pakistan's military and intelligence leaders. General David Barno, the top U.S. soldier in Afghanistan did the same last week, a full court press on Pakistan, which is making some headway. More Pakistani forces are moving into the border region and they are warning tribal elders there to stop sheltering al Qaeda or else.

LT. GEN. DAVID BARNO, COMMANDING GENERAL, COMBINED FORCES COMMAND, AFGHANISTAN: They're obviously adding that enforcement mechanism for those that do not comply that include I think destruction of homes.ENSOR: Pakistani troops are getting U.S. intelligence and logistics help discretely provided, says a respected Pakistani observer, by U.S. military and intelligence personnel on the ground.

AHMED RASHID, AUTHOR, JOURNALIST: Local tribal leaders have seen them. I think they were there in very small numbers, maybe a dozen or two dozen. I think there will probably be an increase in that.

UNIDENTIFIED MALE: Are there any U.S. troops operating in those areas with the Pakistani military?

BRIG. GEN. DAVID RODRIGUEZ, DIR. OF OPERATIONS, JOINT CHIEFS: No, they're not.UNIDENTIFIED MALE: Never have been?

RODRIGUEZ: No. No.

ENSOR: The denials provide some political cover for Pakistan's General Musharraf in a nation where may sympathize with al Qaeda. CIA spokesman also decline all comment but knowledgeable sources say a few military personnel on assignment to other U.S. agencies, like the CIA and FBI, are on the ground in Pakistan.

RASHID: They're helping with communications, with logistics, with satellite information all that kind of thing.

ENSOR: On the Afghan side of the border, U.S. forces are beefing up their numbers and making plans for a spring offensive against al Qaeda and the Taliban.

BARNO: We're moving in the direction of cooperative operations on both sides of the border, a hammer and anvil approach if you will.

ENSOR: Barno has said he hopes to find bin Laden this year. Bush administration officials deny it but some see politics behind the push.

PAT LANG, FORMER CIA OFFICIAL: There's just a greater kind of almost desperation on the part of the United States government to lay their hands on Osama bin Laden before -- in the light of our electoral cycle.

(END VIDEOTAPE)

ENSOR: Bin Laden's evaded capture before. U.S. officials are making no predictions but under a thick cloak of secrecy a major effort is now being ramped up -- Aaron.

BROWN: David, thank you, David Ensor in Washington tonight.A few more quick items before we head to break starting with parliamentary elections in Iran. Hardliners expected to win a majority of the seats, reformers have been knocked off the ballot, opposition papers shut down, voters intimidated. No word yet on turnout or actual results but no one is expecting any miracles of democracy.Americans and other foreigners spent the day packing up and leaving Haiti with rebels promising more attacks over the weekend. An international delegation today circulated a proposal for ending the bloodshed but neither the government nor the rebels were buying. In the meantime, the U.S. government has begun putting air marshals on all flights in and out of Haiti to prevent hijackings.Japan is tightening security at airports, nuclear plants and government facilities. No official explanation why but officials say the country now is at the highest terror alert level since American forces invaded Iraq.Coming up on NEWSNIGHT later we will check morning papers. This being Friday we'll throw in a tabloid or two.Up next an interesting twist in the Roe v. Wade story but will it mean anything to a woman's right to choose, a break first.This is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: Miranda, Sullivan, Brown, it's a measure of landmark legal rulings, cases whose reach is so broad that a single name becomes a reference point, like Roe, Jane Roe, the woman who challenged a Texas law and transformed the legal and cultural landscape.It wasn't until after the U.S. Supreme Court issued its ruling legalizing abortion that we learned her real name, Norma McCorvey, but today a Federal Appeals Court agreed to hear from her again three decades later. She's trying to overturn the ruling she fought so hard to win.Here's CNN's Ed Lavandera.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: I want to thank all the wonderful women who are standing here.

LAVANDERA (voice-over): For nearly a decade, Norma McCorvey has been working to undo her role as Jane Roe in the case that legalized abortion. This case to you it wasn't settled 30 years ago?

NORMA MCCORVEY, "JANE ROE": No, it wasn't, not at all.

LAVANDERA: McCorvey and a team of lawyers will argue before the Fifth Circuit Court of Appeals that Roe v. Wade should be overturned. Her argument is based on what she calls 31 years of watching women suffer from the harmful effects of abortion.

MCCORVEY: We filed over 5,000 pieces of testimonies and documentations from women throughout the country who have gone through legalized abortion. A lot of their lives have been just absolutely miserable since then.

LAVANDERA: McCorvey's opponents say they're shocked the Fifth Circuit Court even agreed to hear this request. They say time and the lack of new evidence should keep this case closed.

DAVID SCHNECK, ATTORNEY: Cases eventually are over at some point and whether the parties like the result initially or decide they don't like it later they don't get to go back and start over and decide that they want a different result.

LAVANDERA: If the courts do decide to reopen the Roe v. Wade case, many legal experts say it could open a Pandora's Box perhaps reopening the door to countless other cases.S

CHNECK: The question was not about Ms. Roe or Ms. McCorvey in 1973. The question was about what the Constitution said, so there's really been no change in facts that would be relevant to reopening the case.

LAVANDERA: McCorvey doesn't worry about that.

MCCORVEY: We didn't come in to sit down at the table. We come in to kick the table over and say no. We do not want this. We do not want to see children die or women suffer from the psychological and emotional abuse that is brought on by a termination of pregnancy.

(END VIDEOTAPE)

LAVANDERA: McCorvey and her attorneys will make their case to the Fifth Circuit Court in New Orleans on March 2. If that doesn't work out, McCorvey says she will continue and try to get this case back before the Supreme Court.Now abortion rights activists are paying close attention to this but everyone we spoke with today says that they don't really see that this has much of a chance of succeeding -- Aaron.

BROWN: Did anybody you talk to today remember a similar situation like this where the court overturned a decision it had already made based on the plaintiff's change of mind?

LAVANDERA: No one that we spoke with today. In fact, they say that's why they're so convinced that this is going to have such a hard time. It would have to take an extraordinary amount of perhaps new evidence but they say that the fact that 30 years have gone by is really going to be the strongest part of their case come March 2.

BROWN: Ed, thank you very much, Ed Lavandera in Texas tonight.Before we go to break a few other stories that made news today around the country, President Bush made another recess appointment to the federal bench today, another controversy naming Alabama Attorney General William Pryor, an outspoken abortion opponents to the U.S. Appeals Court for the Eleventh Circuit. Democrats had blocked the nomination with a filibuster ten months ago. It is the second time this year the president has bypassed Congress to appoint a judge.Democrats, including the chairman of the Democratic National Committee today urged Ralph Nader not to seek a third party candidacy in the upcoming presidential election. Mr. Nader is expected to announce this weekend whether he will run as an Independent. Many Democrats believe Mr. Nader cost them the White House in the year 2000 when he ran on the Green Party ticket. A flight from New York to Morocco was diverted to Maine today after a passenger phoned his wife and told her he was being abducted, a story he repeated to the FBI and shouldn't have. It was a hoax. The man's wife in Chicago had reported him missing on Valentine's Day. He apparently made up the kidnapping story to explain why he was boarding a plane to Morocco. He's been charged with making false statements to the FBI. We suspect he has some explaining to do at home as well. University of Colorado has named longtime assistant football coach Brian Cabral to be the interim head coach while Gary Barnett is on paid leave. Coach Barnett suspended after making disparaging remarks about a female football player who has accused a former teammate of sexual assault. Six women in all have made allegations involving the University of Colorado football program. No charges have yet been filed. Up next on NEWSNIGHT, "Sex and the City." And for those who need a catchup on what this is all about, a handy-dandy review of it all.Around the world, this is NEWSNIGHT. 

(COMMERCIAL BREAK) 

BROWN: A small confession: I have never seen an episode of "Friends." I have never seen "ER." I have never saw "Law & Order." "Cheers" was background noise. The first episode of "Seinfeld" I ever saw was the last. I've seen a few since. I hear the series did pretty well.Two years ago, I found myself at a fancy luncheon event. I was seated next to this stunning woman. We had a lovely chat. She was smart and funny. She said she was an actress. Her name was Kristin Davis. I actually asked her if she had been able to find any steady work. The table went silent. So it was an odd and embarrassing way that I came to know "Sex and the City." But like many of you, I missed a lot. And like many of you, I, too, got sucked into the last season. For those of you who like me aren't exactly sure what all of this fuss is about, we offer the entire series really fast, reported by Beth Nissen. 

(BEGIN VIDEOTAPE) 

BETH NISSEN, CNN CORRESPONDENT (voice-over): First, the cast of characters, they are Carrie, who writes a newspaper column about sex and relationships, Samantha, who is in public relations when she's not in bed, Miranda, a sardonic attorney, and Charlotte, more traditional and prim, although she still -- let's just say she dates a lot. Here's a season-by-season breakdown of what happens to these four brunch-sharing, cosmo-sipping, lover-seeking gals. Try to keep up. Carrie meets Mr. Big, played by the guy from "Law & Order." Big is not his real name. Carrie just calls him that because he's a big shot with a big bucks and a big limo, also a big little black book of other women. That breaks Carrie's heart. Carrie and Big break up. Meanwhile, Samantha dates a 20-something, a married man, and Charlotte's doorman, among others. Miranda goes through a dating dry spell. And Charlotte obsesses about getting married. OK, that's season one. Season two, Carrie realizes she's not over Big and they get back together, but then:

(BEGIN VIDEO CLIP, "SEX AND THE CITY") 

CHRIS NOTH, ACTOR: I may have to move to Paris. 

(END VIDEO CLIP) 

NISSEN: They break up again. Meanwhile, Samantha dates a 70-year-old, her neighbors, and Charlotte's brother, among others. Charlotte doesn't find a husband, but she does find some nice shoes. Miranda starts seeing Steve, but she's a lawyer and he's a bartender. And it doesn't work, so they break up, but then they get back together. Carrie starts to date Seth, who is Bon Jovi. But then she runs into Big, who is back from Paris with his beautiful young fiance. OK, season three. Carrie, trying to forget Big, starts dating Aidan, a furniture designer who is that guy from "Northern Exposure," although he hasn't yet hit it big in "My Big Fat Greek Wedding." Meanwhile, Samantha dates a firefighter, a short man and her office assistant, among others. Charlotte meets a rich doctor, Trey, who is the guy from "Twin Peaks." They get engaged and then get married. Miranda and Steve move in together, but Steve wants to have a baby and Miranda doesn't, so they break up again. 

(BEGIN VIDEO CLIP, "SEX AND THE CITY") 

CYNTHIA NIXON, ACTRESS: This isn't going to work, Steve. 

(END VIDEO CLIP) 

NISSEN: Carrie cheats on Aidan with a now married Big, then confesses to Aidan, which breaks his heart. They break up. On to seasons four and five. Carrie and Aidan get back together, move in together and get engaged. But then Carrie gets cold feet and they break up for good. She sees Big once more, but then he moves to California. Meanwhile, Samantha briefly tries a relationship with someone who has XX chromosomes, but she soon goes back to XY. Newlyweds Charlotte and Trey have bedroom problems. Trey moves out. Charlotte starts to date her divorce attorney. Miranda and Steve see each other again for one night, and Miranda gets pregnant. She has a baby boy and becomes a single working mother. Carrie writes a best-selling book. She starts to date a fellow author, Jack, who is the guy from "Office Space," a cult film prized by cubical workers everywhere, which brings us to the current season. Jack breaks up with Carrie by post-it note. Meanwhile, Samantha develops a real relationship with a waiter/actor Smith, who lovingly stands by Samantha while she goes through chemo for breast cancer and looses her hair. Charlotte converts to Judaism, marries her divorce attorney. They try to have a baby, but can't. Charlotte gets a cavalier King Charles spaniel instead. Miranda takes up a handsome doctor who is the guy from "L.A. Law," but then gets back together with Steve. She and Steve get married and move to Brooklyn with their son.Seemingly over Big at last, Carrie gets serious about a Russian artist, Alexander Petrovsky. He is Mikhail Baryshnikov. Petrovsky tells her he's moving to Paris -- what's with all of the men in Carrie's life moving to Paris? -- and asks her to move with him. 

(BEGIN VIDEO CLIP, "SEX AND THE CITY") 

MIKHAIL BARYSHNIKOV, ACTOR: I'm hoping you will come and be with me. 

(END VIDEO CLIP) 

NISSEN: She does, despite her friends' misgivings and a last- minute, last-ditch visit from Big. Big then meets with Carrie's friends, asks what he should do.

 (BEGIN VIDEO CLIP, "SEX AND THE CITY") 

NIXON: Go get our girl. 

(END VIDEO CLIP) 

NISSEN: And that's where things stand at the end of episode 93, with only one more episode to go. Me, personally, I'm guessing it will be a "Big" finish. Beth Nissen, CNN, from "Sex and the City" city. 

(END VIDEOTAPE) 

BROWN: We are nothing if not efficient around here. OK, now that you're caught up on it all, when we come back, the real question: How should it end? This is NEWSNIGHT. 

(COMMERCIAL BREAK) 

BROWN: The other night -- I don't know why I'm being so confessional today -- but some friends and I were talking. The conversation essentially boiled down to these two questions: Where do we fit in the universe and what are marshmallows made of? It didn't quite get to where Carrie should end up and with whom Carrie should end up, so we'll deal with that tonight. Joining us, the head of the original programming for the Trio Network, Andrew Cohen, who's been with us before. Filmmaker Liz Garbus is here, Tia Williams, beauty editor of "Teen People" and the author of "Accidental Diva," and in Washington, Ali Wentworth, the co- host of "Living It Up With Ali and Jack." It's good to have all of you here to see you all.Take 15 seconds, no more each, Ali, starting with you. How should it end? And then we'll deal with the whys. 

ALI WENTWORTH, CO-HOST, "LIVING IT UP! WITH ALI AND JACK": I think that Carrie should be walking in Charles de Gaulle Airport by herself, get on a plane back to New York, a single woman, having not made two bad mistakes. 

BROWN: All right. We'll come back to that. Tia, how should it end? 

TIA WILLIAMS, BEAUTY EDITOR, "TEEN PEOPLE": I think that Big should fly to Paris and rescue her. 

BROWN: You want Big? 

WILLIAMS: I want Big. I want Big. (LAUGHTER) BROWN: All right. I'm intrigued by that. Yes, Liz, how should it end? 

LIZ GARBUS, FILMMAKER: She's got to come home and marry New York and marry singledom. She's got to get rid of Big. She's got to get rid of Alexander Petrovsky and be married to New York and a single lifestyle. 

ANDREW COHEN, HEAD OF ORIGINAL PROGRAMMING, TRIO NETWORK: Back in New York, city she loves, making Big work like hell for her for her love and repent. And, by the way, I want to find out Big's real name. 

BROWN: Do we not -- has he never had a name? 

(CROSSTALK) 

COHEN: We don't know. But I think what's going to happen is, it's going to end with her saying something crazy like Orville or something, and then Liz and millions of other women are going to name their child Orville, you know. It's going -- the world is going to 

(CROSSTALK) 

BROWN: All right, Ali, let's go back to you. 

WENTWORTH: OK. 

BROWN: It's important, in quotes, we'll use the word important, to you that she end up with neither of them because? 

WENTWORTH: Because it's not -- it wouldn't be an authentic ending to what the show has been over the years, which is a single gal having sex in the city.

BROWN: Yes. 

WENTWORTH: And I think what she's left with are two men that, if she ends up with Big, it sort of sets back her -- her sort of feminist, you know, politically incorrect person that she is. And if she ends up with Mikhail Baryshnikov, then I feel for her. She's going to be scrubbing dishes in Paris while he's...

COHEN: Forget it.(CROSSTALK) 

BROWN: No one likes him. 

(CROSSTALK) 

GARBUS: They have zero chemistry.This is a woman who gave up her job. She's giving up her friends for him. There's never even been so much of a discussion. He's betraying her inner soul. And the truth is, I think "Sex and the City" is really a show about the family and about alternative families. And he didn't embrace her family, because her family are her four friends. And Big got it right when he said, a guy can only hope to play fourth to you guys. That's why Big has a shot. 

(CROSSTALK) 

WENTWORTH: She also has nothing in common with Petrovsky, nothing in common. 

(CROSSTALK) 

COHEN: Well, the great thing that they did -- and we've analyzed this like crazy at Trio, because we're obsessed with pop culture. And what we decided is that, a couple weeks ago, they gave everyone a great excuse to hate Petrovsky, because Miranda started to hate Petrovsky.

BROWN: Right. 

COHEN: And they saw, she's making the bad move. And you understood why she was making a bad decision. But the audience was let in, on, OK, it's cool to hate this guy. 

BROWN: I need to deal with the Big question for a second. Tell me -- here's what I know about Big, Tia, is that there is this scene the other day where she says to him, every time I'm happy, you come back and mess it up. This is like every -- honestly -- bad guy that every good girl has ever fallen for.

GARBUS: Right, so why do you want him? 

WILLIAMS: She's never been happy. She's never been happy with the other guys that she's dated. 

BROWN: So she's only happy with this bad boy? 

WILLIAMS: She has always been in love with him. He's the love of her life. They will never be finished. And I feel like every guy she's dated has been a direct reaction to something about Big. 

GARBUS: Well, she only wants him because he's unavailable. I think that's really the enticing thing. 

(CROSSTALK) 

BROWN: Excuse me, but that's also true in this case of him, it seems to me. He only wants her because she's flown off to Paris with Petrovsky. 

(CROSSTALK) 

COHEN: But, by the way, this is one of the reasons this show is so great, and this is one of the reasons we're talking about this right now, because you make mistakes. And, in relationships, they're not always great. And that's why -- and this is a perfect example. They're not always on the same wavelength. They're going to keep coming back to each other. And they're going to hopefully find peace and contentment with each other. 

BROWN: Hang on. Ali? 

WENTWORTH: The relationship with Big is a neurotic relationship. I can only speak from my personal experience, but I've heard that relationship.

BROWN: That's my favorite part. 

(LAUGHTER) 

WENTWORTH: I've had that relationship in my past and it was completely dysfunctional. And then I had Petrovsky in the form of a French director with the smoking-cigarette, model-looking daughter, the whole thing.

(LAUGHTER) 

WENTWORTH: And, ultimately, the relationship with Mr. Big is not going to get better. It's going to be fraught with insecurities and dishonesty.And Petrovsky needs to go find himself a 14-year-old. And then, ultimately, when you get these two men out of your life, you meet the one. For me, it was my husband. 

BROWN: Yes, it was. 

COHEN: I hope so. 

(LAUGHTER) 

BROWN: Liz, both you and Ali, it seems to me -- well, three of you -- are -- you've created a scenario where she -- you will not let her be happy in love. 

GARBUS: No, I think that, in fact, she is really 

(CROSSTALK) 

BROWN: I wrote this down. "She should marry her singledom."

GARBUS: OK.First of all, the show is about being single, and it has been. And all three other women are paired off right now. BROWN: Right. 

GARBUS: So, in order for the show to be true to its ideals, she has to end up single and happy. And the truth is, these three other women, that is her family. and HBO shows, "The Sopranos," "Six Feet Under," they are about families adapting to the modern world. Here's another family. And that's where the family is going to be restored, but it's going to be this family of girlfriends. 

(CROSSTALK) 

BROWN: Tia. Tia.

WILLIAMS: I don't know how realistic that is, though. It's very much a theory, though, isn't it, that a 38-year-old woman can walk off into the sunset happy to be single and not be in love? I mean, I don't know -- I don't know a woman who would make that choice, honestly. 

WENTWORTH: Aaron, can I say one thing? 

BROWN: Of course. 

WENTWORTH: Can I just say one thing?If I wrote this last episode, I would have her blow off Big, say goodbye to Petrovsky. She's in the plane. She lands in Kennedy Airport and she bumps into something -- somebody that we would think, wow, he looks pretty good and you leave it at that. You leave us with, wow, will she end up with this guy or will she, again, marry singledom and have a series of relationships of different lengths? 

BROWN: So there should be a question mark at the end that will allow us to fill it in however we choose to? 

WENTWORTH: Yes. 

COHEN: But I think the one question mark that should not be there -- and I think that this is what the show is about -- to me is about these four women who are in search of contentment, in whatever shape contentment finds itself. And so I think that Carrie will be content. And I'm hoping that her contentment is, you know, being back and making him work for it. But I think it will be a question mark. 

(CROSSTALK) 

COHEN: Big. 

(CROSSTALK) 

BROWN: Kind of quickly here, does it need to end? If it didn't end, would it be unsatisfying?

(CROSSTALK) 

WILLIAMS: ... a lot more episodes. BROWN: Is that unique series where it has to end? Tia? 

WILLIAMS: If it didn't end, would it? 

BROWN: Yes. I don't mean if they kept producing them. I mean if there wasn't a clear ending to it.

WILLIAMS: I think that it would be very disappointing if there wasn't a clear ending. 

GARBUS: I would be very, very happy if she was single, but there were some prospects out there, that she was happy with her computer and her friends and her writing and her career, but maybe there was somebody in her future. 

(CROSSTALK) 

COHEN: I think it will end with some kind of a question mark leaving the door open. 

(CROSSTALK) 

GARBUS: Yes, maybe Big, probably not, I'm hoping, but maybe some other(

CROSSTALK) 

WENTWORTH: Hey, guys.

(CROSSTALK) 

WENTWORTH: They've got a movie in the works. So, you know, if they end with a question mark, they'll resolve it in a feature-length film that will come out next summer. BROWN: Works for me. You guys work for me, too. Come back any time. Thank you very much. We'll check morning papers after the break. 

(COMMERCIAL BREAK)

 (ROOSTER CROWING) 

BROWN: OK. 

UNIDENTIFIED MALE: Okeydokey.

UNIDENTIFIED MALE: Okeydokey.

BROWN: Time to check morning papers from around the country and around the world. Everybody calm down now. Some of these I haven't seen before. Here we go. 

"The Philadelphia Inquirer" begins thusly. "High Court to Hear Dirty Bomb Case." We told you about this earlier. I can't think of an issue in my lifetime quite like this, so I'm glad the court's going to settle it. Down in the corner, "New Jersey Suspends Execution." See, I don't believe they have had any. "At issue, whether the effects of a lethal injection can be reversed. The ruling is considered a landmark." I think the whole point of a lethal injection is that it can't be reversed. Call me crazy. "The Times," British newspaper. "The Most Controversial Story Ever Told." This is the Mel Gibson movie. This is going to be huge. It opens next week, I guess. And it's been the most interesting campaign for a movie I've ever seen. And it's pretty interesting stuff. This thing's going to be huge. "Fire and Fury." 

"The Times Herald-Record" in Upstate New York. Haiti is the lead. I just think they like the picture. That's my guess. And they call and tell me I'm crazy. They wouldn't be the first people to do that. "San Francisco Chronicle." "Gay Weddings Clear Second Hurdle. Same-sex Marriages in New Mexico as Well. Both Sides Return to Court March 29." For now, that goes on. And let's do a couple of the tabloids, because it's Friday and because we like to and because, why not? 

"The National Enquirer" leads thusly. I never know with "The Enquirer" if these things are right or not, OK? "Siegfried Walks Out On Roy." I hope that's not right. We've been talking about relationships here. OK, "The Weekly World News," I have a better idea whether these are accurate or not. Their lead today -- or this week. I think it's a weekly, "Princess Diana is Alive," for all of you who have wondered. "She's recovering in a French convent from the deadly crash that killed her lover." Inside, a story that you will not find anywhere else. "Nutty Kim Jong Il Announces" -- that's the word Aaron -- "Announces North Korean Mission to the Sun." But this is what I loved about it -- quoting the Korean leader, the North Korean leader -- "We'll go at night when it's not so hot.

"The weather in Chicago tomorrow according, to "The Chicago Sun- Times," is "retrogressing." Beats me. I guess it's going to get colder. We've got one bonus story tonight. We'll get to that after the break. 

(COMMERCIAL BREAK) 

BROWN: Finally from us for the week, a cultural story again. Want to know how important TV is in our day and age? This is how important. Not only can it make or break you. It can make and break you at the same time. Meet the man to whom it has happened. 

(BEGIN VIDEOTAPE) 

BROWN (voice-over): What to call University of California engineering student William Hung? The most successful failure there ever was, perhaps? 

(BEGIN VIDEO CLIP, "AMERICAN IDOL") 

WILLIAM HUNG, CONTESTANT (singing): She bangs, she bangs. 

(END VIDEO CLIP) 

BROWN: He did fail, spectacularly, on TV's "American Idol."

(BEGIN VIDEO CLIP, "AMERICAN IDOL") 

SIMON COWELL, JUDGE: You can't sing. You can't dance. So what do you want me to say?

(END VIDEO CLIP) 

BROWN: But there was something to winning about the way he lost. 

(BEGIN VIDEO CLIP, "AMERICAN IDOL") 

HUNG: I already gave my best and I have no regrets at all. 

(END VIDEO CLIP) 

BROWN: But he's been a star ever since. 

HUNG (singing): Shake your bon-bon. Shake your bon-bon. Shake your bon-bon.

BROWN: There are Web sites devoted to him. Fan clubs talk about projects of various sorts. He was invited to sing at the U.S. Berkeley volleyball game, in which he was presented with a $25,000 check as part of an album and video deal. William just smiled. What is that old crack about the guy who can't win for losing? It certainly doesn't apply to William Hung, whose career took off like a rocket, after he bombed big-time. Maybe this isn't so hard to understand. The more real people there are on TV, airbrushed and photo-shopped, made over, cut, pasted and polished, the less real they seem. Could it be that we were on the verge of forgetting what real really is? Until William Hung came along to remind us. 

(BEGIN VIDEO CLIP, "AMERICAN IDOL") 

HUNG: I have no professional training of singing. 

COWELL: No.(END VIDEO CLIP) BROWN: This is real. 

(END VIDEOTAPE) 

BROWN: Good to have you with us tonight and for the week. Hope you have a wonderful weekend. We'll see you again next week."LOU DOBBS TONIGHT" is next for most of you.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.comproblematic; Prosecution rests in Martha Stewart case; Same-sex couples flocking to San Francisco for marriage licenses; Supreme Court to hear Padilla case; Jane Roe fights against Roe v. Wade in Fifth Circuit;>