mr. armstrong? and yes? who's this? this is thurgood marshall. this couldn't be thurgood marshall calling me at home, getting me out of bed. i figured it was my friend who worked with me on the watergate committee and was a good mimic. i said, mark, come on, you're not going to pull it. he said, mark? who's mark? i said, what are you talking about, mark? come on. i don't know who mark is, but i am telling you, i am not going to talk to you. i don't know what you're doing but i am not going to talk to you. and he said, this really is thurgood marshall. i fell comfortable doing that. the rest is complicated. we say in the book berger did not talk to us. because the book is so hostile to berger. it was incumbent on us to say he didn't have the right of reply or rebuttal. when the book came out there was a conference and they discussed at the conference this violation of trust by the clerks and whatnot, and all of the justices, including three that had talked to us, that were at that conference -- this is late in the process. said that none of them h

mr. armstrong indicated this morning, there's some question as to exactly how much of the story we got, but it's not clear that we would have gotten any more of the story if we had an independent counsel to do the work. let's go to the other side of the situation. i don't mean to single justice scalia out, but he wrote a really sustained attack on the independent counsel law, and the basic argument is that this law was unconstitutional because it allowed judges rather than the president to appoint the independent counsel and not only barred the president from removing the independent counsel, but also grounds in which any independent counsel could use for removing an independent counsel. this is the essence of justice scalia's disent, so let's focus on one interesting aspect of that dissent. in the course of lamenting the demise of what justice scalia called our former constitutional system, he cited watergate as an example of a more acceptable arrangement. hoos that the political branches could deal with wrong doing, but if you look carefully at that example, there might be questions about

mr. armstrong indicated this morning, there's some question as to exactly how much of the story we got, but it's not clear that we would have gotten any more of the story if we had had an independent counsel to do the work. now, let's look on the other side of the situation. people like justice scalia, and i don't mean to single him out for special emphasis here, you because he has plenty of company, but he wrote a really sustained attack on the constitutionality of the independent counsel law. and the basic argument is that this law was unconstitutional because it allowed judges rather than the president to appoint the independent counsel and not only barred the president from removing the independent counsel but also limited the grounds on which any executive branch official, in this instance the attorney general, could use for removing an independent counsel. as i said, this is the essence of justice scalia's dissent. so let's focus on one interesting aspect of that dissent. in the course of lamenting the demise of what justice scalia called our formal constitutional system, he -- could

mr. armstrong said it is free. it's an amazing experience to come out here. history, patriotism not only on the ships but music in the air, land and sea so check it out and remember to go to abc2news.com for a full schedule of everything that's happening. thank you so much for joining us this morning. >> pleasure. >> reporter: all right, charlie back to you. >>> baltimore county now backing off just a little bit on the zero tolerance policy. drugs, bombs, no fooling around. you will get tossed but if you wear a hat to school, causing a stir in the cafeteria, it's up to the principal to hand out the punishment. so there's not an automatic suspension there anymore. on average, last year one out of ten students received a suspension if they went to school in baltimore county. >>> well, beginning this weekend the curfew center in baltimore city will be open. children under 17 are not allowed out past 11:00 on weeknights or midnight on the weekends, past curfew kids will be taken to the center on east northern avenue and it's going to be open from midnight to 6:00

mr. armstrong used the word epistimology. and was part of bob mardian's defense and the concern he had, in that he was given the job by john mitchell to find out what this whole watergate breakin was about. because after the breakin, the democratic national committee announced it was bringing a civil suit for invasion of privacy against -- outside of the committee, called creep, or we had to call it crp, because we couldn't call it creep in front of our client, all right? but the democratic committee was going to sue the committee to re-elect the president for invasion of privacy. and john mitchell asked bob mardian to be the lead lawyer on that suit. and without going into great deta detail, it was the epistiolgical issue, what did he know about watergate? to learn about this, to defend his client, he met with some people such as gordon litte and jeb mcgruder and learned what became known as the truth. the truth of the breakin that mitchell had authorized it, that higher ups knew all about this, and then when he went to john

mr. john dean and our panelists alexander butterfield and scott armstrong. [ applause ] . >>> this is really a unique panel this morning. take a special delight in being able to moderate. i'm the guy who thought i was taped. scott's the guy who thought there might be taping. alex is the guy who knew there was taping. they have been together once before almost 40 years ago where they sort of, one, brought this information to the public, but also realizing the importance n historical importance of what they were doing, they paused to make a record of it. that record was recorded many years later in the journal of american history which is a fairly detailed account. it tease march 1989 addition, if anybody is ever interested in going through every detail. what i thought would be interesting this morning is to reminisce about that where we can short of serve as your fact witnesses this morning. if you were in the audience last night, jill vulner did a wonderful job of providing a chronology of events, many of them touching on the tapes because the tapes will become the central issue in the water

mr. obama announced new immigration policy last week. >> lance armstrong filed a rebuke to allegations thatused performance-enhancing drugs. on friday the deadline for responding armstrong accused the usa anti-doping agency of violating its own rules and possibly breaking federal law during its investigation. he denied using drugs and said he has never failed a drug test. armstrong could be stripped of his title. >> the last of four stranded climbers was rescued from mount rainier in washington state. three other climbers were res e rescued. >> hot dry winds are feeding wildfires across the west. more than 2,000 homes near salt lake city were ordered evacuated as 4,000 acre blaze moved closer and tens of thousands of acres are burning across northern colorado. nearly 200 homes west of fort collins have been destroyed and one person has been killed. >>> it's about 21 minutes after the hour. we're going to over to lonnie quinn with a first check of the weather. >> the situation you're talking about in colorado. colorado is not alone. yes that's where the fires are currently burning but some o

mr. seth mcfarlane. you are always an entertaining and enlightening fellow. >> thanks for having me. >> good luck with all of your projects. "ted" opens on the 29th of june. coming up, lance armstrong>>> tour did he france champion lance armstrong has a lot of big projects on his plate. he's in hawaii traing for the ironman triathlon. he joins me from hawaii. lance, tell me exactly what exactly is the ironman. i think i know but i'm frequently wrong. >> the actual ironman is a 2.4 mile swim, 112 mile bike and a marathon which there's now probably 50 of those around the world. then there's a whole series of half ironmans which is exactly half the distance. then the olympic distance is about a mile swim, 25 mile bike, and a 10 k run. >> and i'm he assuming you do this over the course of a month? >> no. i'm joking. you do this altogether back to back? that seems like a lot of exercise. are you an exercise nut? >> i'm -- yeah it's one of those things i sort of can't live without, i guess. >> it can be a little addictive, can't it, to get that kind of high from getting your body in peak shape and have you ever been in bad shape in your whole life? >> yeah. yeah, i've been in bad shape,