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CNN Wolf Blitzer Reports

Alabama to remove Ten Commandments monument

Aired August 21, 2003 - 17:00   ET

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

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


WOLF BLITZER, CNN ANCHOR: It's not something you see every day, a chief justice of the state defying his own colleagues as well as the federal government but that's happening right now at issue, the Ten Commandments. Stand by for hard news on WOLF BLITZER REPORTS.
(BEGIN VIDEOTAPE)

BLITZER (voice-over): Terror in Baghdad.

GEN. JOHN ABIZAID, CENTRAL COMMAND: I mean clearly it is emerging as the number one security threat.

BLITZER: As the death toll rises, another blast at U.N. Headquarters in Baghdad, we'll tell you why.

Chemical Ali caught, Saddam Hussein's most feared henchman in U.S. hands.

On the brink, Israel strikes back but militant groups vow their own revenge. Is there a way out?

COLIN POWELL, SECRETARY OF STATE: The end of the roadmap is a cliff that both sides will fall off of.

BLITZER: Over a cliff in California, we'll show you pictures of a dramatic rescue.

He used to make disguises for CIA spies, now he has a new mission.

UNIDENTIFIED MALE: When I saw these disfigured people I said, Bob, if you can put people in hiding you can bring people out of hiding.

(END VIDEOTAPE)

ANNOUNCER: CNN live this hour, WOLF BLITZER REPORTS, live from the nation's capital with correspondents from around the world. WOLF BLITZER REPORTS starts now.

BLITZER: It's Thursday, August 21, 2003. Hello from Washington, I'm Wolf Blitzer reporting.

Four months after Saddam Hussein's regime was toppled the Pentagon says terrorism is now the biggest security threat in Iraq.

In Baghdad, recovery efforts continue at the scene of Tuesday's devastating bombing at U.N. Headquarters. A previously unknown group today issued a claim of responsibility vowing to carry out more attacks.

The U.S. military announced one victory today the capture of Saddam Hussein's ruthless right-hand man know as Chemical Ali for his role in poison gas attacks against the Kurds.

We've got two correspondents standing by and all the dramatic developments in Iraq. We begin with CNN's Ben Wedeman. He's in Baghdad - Ben.

BEN WEDEMAN, CNN CORRESPONDENT: Yes, Wolf, well we've received the first claim of responsibility for the bombing of the U.N. Headquarters in Baghdad last Tuesday.

Now that claim of responsibility was received by Al Aribiya. That is an Arabic satellite news channel. The claim came from a previously unknown group called the Armed Vanguards of Mohammed's Second Army.

Now this is the first time anyone's ever heard of this organization, which in that claim received by Al Aribiya, they said that they would continue similar attacks against all foreigners in Iraq.

Now, at the scene of the bombing, the rescue efforts continue there. They were suspended at about 7:30 p.m. local time; however, when U.S. troops there undertook a controlled explosion to loosen a part of the roof that was hanging over the damaged part of the building that part of the roof was endangering the workers who were trying to sift through the rubble there.

Today no more bodies were found. At this point the death toll stands, according to U.N. officials here in Baghdad, at 23 but they do believe that there may be one or two bodies still left in the ruins - Wolf.

BLITZER: CNN's Ben Wedeman in Baghdad, thanks Ben very much.

Barbara Starr, our Pentagon Correspondent, is standing by. U.S. officials are acknowledging just how grave the new threat is. Barbara, tell us what the latest is.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Indeed, Wolf, here at the Pentagon today a lot of concern about the security situation in Iraq.

(BEGIN VIDEOTAPE)

STARR (voice-over): Two days after the bombing of the United Nations Headquarters in Baghdad, the top U.S. military commander admitted just how serious the terrorist problem has become in Iraq.

ABIZAID: It is emerging as the number one security threat and we are applying a lot of time, energy, and resources to identify it, understand it, and deal with it. STARR: The military believes terrorist groups are operating in an area bound by Tikrit, al-Ramadi, and Baghdad, perhaps some Saddam loyalists but also foreign fighters infiltrating across the Syrian and Iranian borders and worries that both groups are now working together.

ABIZAID: They are clearly a problem for us because of the sophistication of their attacks and because of what I would call their tactics to go after Iraqis.

STARR: But it is Iraqis that the U.S. military is depending upon for a long term security solution not more U.S. combat troops.

ABIZAID: I think it's clear that we've got to do a lot more to bring an Iraqi face to the security establishments throughout Iraq very quickly.

STARR: There are already 50,000 Iraqis in the police force on border patrols and working in civil defense and other forces to guard pipelines, power plants, and other crucial facilities. The Bush administration is not predicting how many troops may be in Iraq in the months ahead.

DONALD RUMSFELD, DEFENSE SECRETARY: The president has indicated that whatever level of U.S. forces is appropriate that the general will have that level and he knows that.

STARR: One hundred and forty thousand U.S. troops are there now plus 24,000 coalition forces. If a United Nations resolution results in more coalition forces it's not clear the security situation would be calm enough for General Abizaid to allow U.S. soldiers to be sent home.

(END VIDEOTAPE)

STARR: So, Wolf, while the commanders insist that for now they don't need more U.S. troops there's no indication that the attacks are going to stop anytime soon and that is going to put pressure on the Bush administration to make sure that its plan works - Wolf.

BLITZER: Barbara Starr at the Pentagon thanks Barbara very much.

And here is your turn to weigh in on the story. Our web question of the day is this: "Are Iraqis better off now than they were before the war, yes or no"? We'll have the results later in this broadcast. You can vote right now.

Go to cnn.com/wolf. While you're there I'd love to hear directly from you. Send me your comments. I'll try to read some of them on the air each day at the end of this program. That's also, of course, where you can read my daily online column, cnn.com/wolf.

Now to the situation in Israel and Gaza, Israel today struck back for Tuesday's bloody bus bombing that killed 20 people in the heart of Jerusalem, targeting a key leader of a Palestinian militant group in Gaza and leaving the two sides on the brink of all out conflict.

CNN's Jerrold Kessel reports from Jerusalem.

(BEGIN VIDEOTAPE)

JERROLD KESSEL, CNN CORRESPONDENT (voice-over): The Hamas official's car took a series of direct missile hits from Israeli helicopters overhead but it was not exactly a bolt from the blue. Israeli had been contemplating a response after the deadly Hamas suicide bombing killed 20 people in a Jerusalem bus on Tuesday night. Other Hamas spokesmen proclaim their two month ceasefire now dead, promise vengeance.

"Let Sharon the criminal murderer" he says "know that he will be the reason for more killings of his people."

Outside Abu Shanab's house mourning for the 53-year-old U.S.- educated father of 11, considered by many one of the least strident voices in the ideologically radical Islamic group but Israel argues public officials of the militant officials are involved in planning attacks.

GIDEON MEIR, ISRAELI FOREIGN MINISTER: Terrorist organizations are acting freely. The instructions to kill the 20 Israelis came out of the top leadership of Hamas in Gaza in conjunction with their headquarters in Syria and in other places.

KESSEL: The attack preempts the promise of action by the Palestinian Authority. Only hours earlier, Prime Minister Mahmoud Abbas won backing for his declared intention to crack down on the militant groups, an ugly crime he called the Gaza assassination.

MAHMOUD ABBAS, PALESTINIAN PRIME MINISTER (through translator): This action does not serve peace. Such operations affect negatively all the plans that the Palestinian Authority is undertaking.

KESSEL: The anger on Gaza streets will clearly greatly complicate the Palestinian leader's situation. Even at the Israeli security cabinet some ministers propose that attacks such as that in Gaza be held back for a few days as a final test of the Palestinian leadership's resolve to take on their radicals. But after this week's bus bomb the majority in the Israeli government seemed to believe Israel could no longer afford to wait for the Palestinians to act.

Jerrold Kessel, CNN, Jerusalem.

(END VIDEOTAPE)

BLITZER: Just who was the man targeted for retaliation by Israel? He did not hide in the shadows. He was well know; in fact, I spoke with him myself during an earlier crisis.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): In the wreckage of a burned out station wagon, Hamas lost one of its founders. Through two intafadas and countless reprisal battles with the Israelis, Ismail Abu Shanab emerged as a public face of the Islamist group. I interviewed him in April 16th of last year in the midst of a horrible cycle of violence. This was after the devastating Passover seder suicide bombing in late March for which Hamas claimed responsibility and the grinding street battle at the Jenin refugee camp.

Do you support these suicide bombing attacks against Israeli civilians?

ISMAIL ABU SHANAB, HAMAS LEADER: Nobody supports killing innocent people but the Palestinian position is in a self defense position that Palestinians who suffer from Israeli occupation and from Israeli military forces who kill and massacre and assassinate and destroy all of their infrastructure and all of their (unintelligible).

BLITZER: The Israeli military said Abu Shanab had been involved in planning recent attacks against Israelis but Palestinians had a different view of the 53-year-old father of 11 who had gotten a degree in civil engineering in Colorado.

After serving at least seven years in an Israeli prison for his role in establishing Hamas, Abu Shanab had in recent years acted as a liaison with Palestinian Prime Minister Mahmoud Abbas who was then trying to persuade militant groups to stop attacking Israelis.

Last year, I asked Abu Shanab if he encouraged young people to go out and act as suicide bombers.

SHANAB: No, totally. They do it by their initiative but impressed and incited by Sharon's plan to kill more Palestinians and by Sharon (unintelligible) soldiers and tanks and airplanes who kill more Palestinians.

BLITZER: I also asked him whether he would support an independent Jewish state if Israel withdrew to the 1967 borders.

SHANAB: We support one thing, Israeli full withdrawal from our land. If this is achieved we support any plan which can get this Israeli occupation to withdraw.

(END VIDEOTAPE)

BLITZER: He would support an independent Jewish state. I was in Jerusalem when I interviewed Abu Shanab last year. He, of course, was in Gaza.

When we come back infighting at Alabama Supreme Court, the showdown over the Ten Commandments gets down and dirty.

Also, new developments in the Kobe Bryant case. The judge has decided whether to unseal court documents including the arrest warrant. We're waiting for the announcement. We'll go live to Colorado.

And dramatic rescue in California how one man survived a plunge over the edge. (COMMERCIAL BREAK)

(BREAKING NEWS)

BLITZER: We just got these pictures that are coming in to CNN. You're seeing a bus in Cincinnati, Ohio for some reason got derailed off the road and slammed into this house in Cincinnati, obviously, fire workers, rescue workers on the scene. We have no indication of injuries.

We are told there are some injuries but we will get some more information on this but a pretty dramatic picture, a bus, a passenger bus in Cincinnati, Ohio, Metro bus, simply slamming, slamming into a house in Cincinnati and we'll find out some more information about it when we do.

Let's move on to another story now. Another convenience story has seen a shooting in West Virginia. The West Virginia situation obviously getting increasingly more complicated. They're trying to determine if this latest shooting is related to the three other allegedly sniper shootings that have plagued the Charleston area.

Our Investigative Correspondent Art Harris has been reporting on all of the developments including what happened last night involving a 16-year-old girl.

(BEGIN VIDEOTAPE)

ART HARRIS, CNN INVESTIGATIVE REPORTER (voice-over): Late at night at a convenience store in Dunbar, West Virginia, a gunshot heard by a 16-year-old girl who told police it barely missed her only moments after she saw a dark pickup drive slowly by. Her mother...

UNIDENTIFIED FEMALE: And she saw the truck before the shot was fired and said it was maroon with a gold stripe down it.

HARRIS: Investigators came back in daylight to comb the pavement hunting bullet fragments or any other evidence they might find.

CHIEF DEPUTY PHIL MORRIS, KANAWHA CO. SHERIFF'S DEPT.: Our crime lab people checked that building and checked the car that was setting there and the pumps and we could find where no bullet hit anything.

HARRIS: Yet two other witnesses nearby told CNN they also heard the gunshot and a vehicle speeding away its tires screeching. The teenage girl called 911. City police put out an alert.

A county sheriff's deputy spotted a dark pickup like this one shown in an animation investigators are using to recreate an earlier murder scene. The deputy took off after the pickup at a high speed but lost it on the hilly roads of West Virginia. The sheriff's office is downplaying whatever happened.

MORRIS: We cannot connect the chase with what may or may not have occurred in Dunbar. You'll have to talk with Dunbar.

UNIDENTIFIED MALE: But there was a shooting.

HARRIS: We did. Dunbar Police told us the multi agency sniper task force is investigating this latest matter. When reporters pressed the sheriff about a possible rift with other agencies he walked away from his own news conference.

(END VIDEOTAPE)

HARRIS: At other news conferences the mayor has been joined by other members of the sniper task force but nowadays he's on his own - Wolf.

BLITZER: CNN's Art Harris covering the story for us, thanks Art very much.

Now, to a development in the Kobe Bryant case, would unsealing court documents hurt or help the basketball star? Kimberly Guilfoyle Newsome will join us live on play-by-play at center court.

Also, master of disguise a former CIA agent who's using his craft for a new life mission.

And, run for the border, Taco Bell gets in on the California recall.

(COMMERCIAL BREAK)

BLITZER: Defiant words from the Alabama Supreme Court Chief Justice this afternoon after the associate justices overruled him. They ordered a controversial monument of the Ten Commandments removed from the State Judicial Building.

CNN's David Mattingly is in Montgomery, Alabama.

(BEGIN VIDEOTAPE)

DAVID MATTINGLY, CNN CORRESPONDENT: Alabama Chief Justice Roy Moore remaining defiant, disappointed he says by his fellow state Supreme Court justices who today ordered the building manager of the State Judicial Building to take all steps necessary to comply with the federal court order to remove Moore's monument to the Ten Commandments from the rotunda of the building.

It was a move applauded by the Alabama state attorney general who praised the justices for adhering to the rule of law. Moore, however, says he will continue his legal fight by going back to the Supreme Court.

CHIEF JUSTICE ROY MOORE, ALABAMA: I will not violate my oath. I cannot forsake my conscience. I will not neglect my duty and I will never, never deny the God upon whom our laws and our country are based.

MATTINGLY: Scores of people rallied last night on the steps of the Alabama State Supreme Court Building. Some are still here vowing to keep a 24-hour watch on the monument. Last night there was an incident indoors, about 20 or so supporters of Justice Moore refused to leave the building at the end of business hours yesterday. They were arrested and charged with trespassing. No chance of any kind of incident like that today because the building is locked, the doors are closed and people from the general public are not allowed to go inside.

State Attorney General Bill Pryor said that he praises the justices for their action today. He said that they were faithful to the rule of law and said that he believes their action will help prevent the state of Alabama from being fined by the federal courts $5,000 every day that there is a monument in the rotunda of this building.

David Mattingly CNN, Montgomery, Alabama.

(END VIDEOTAPE)

BLITZER: And we'll have much more on this monumental story coming up on "LIVE FROM THE HEADLINES" with Paula Zahn, that's tonight, 8:00 p.m. Among her guests Bill Pryor, the Alabama Attorney General. He's right in the middle of this uproar.

The judge in the Kobe Bryant sexual assault case has reached a decision on unsealing documents that could be announced any minute.

Our National Correspondent Gary Tuchman is live in Eagle, Colorado and he's got the details - Gary.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Wolf, the judge has told us he's made a decision but he's also telling us he will not disclose it just yet. He is not playing games with us. What he is simply doing is finishing up the typing on the computer of the order he will issue and letting the prosecution and the defense know.

But what it is the judge is saying he will tell us whether or not he will unseal court files in the Kobe Bryant case, a very important decision because so far nothing officially has been released in this case.

We know that Kobe Bryant has been charged with a felony sexual assault. We do not know what the prosecution says happened that night. If these files are unsealed they would include the arrest warrant and then we would get that information.

The prosecution and the defense have both told the judge they want it to stay sealed at least until the preliminary hearing which will be held on October 9th, which is seven weeks from today; however, news media attorneys say it's the public right to know. This is a public file and it should be open.

The judge tells us he will tell us by the end of the day today, which is five o'clock local time, seven o'clock Eastern time or at the very latest he'll tell us tomorrow. But if he does decide to unseal any or all of the files it's very likely we won't have the files right away to read to you because the judge says he'll give attorneys a chance to appeal - Wolf.

BLITZER: All right, Gary Tuchman in Eagle, Colorado with that, thanks Gary very much.

Meanwhile, the top NBA draft pick Lebron James has signed what's said to be a multi-million dollar endorsement deal with Sprite. A company spokesman says the contract is unrelated to Sprite's endorsement deal with Kobe Bryant which runs through 2005 and that Sprite has always used more than one star at a time. Ads featuring Bryant stopped running last month, a move the company says was planned long ago.

We're joined now by Kimberly Guilfoyle Newsome. She's an assistant district attorney in San Francisco. She is joining us now live from New York. Kimberly thanks very much for joining us.

The judge in deciding whether to release the unsealed, the documents, the evidence or whatever says it was an easy decision but he's not telling us what that decision is. Does that suggest he's going to not release the documents?

KIMBERLY GUILFOYLE-NEWSOME, ASST. DISTRICT ATTORNEY, SAN FRANCISCO, CALIFORNIA: I would be very surprised if he did release the documents in this particular type of case given the nature of the crime here that's alleged, sexual assault, a forcible rape crime.

Highly sensitive information will be contained within that particular arrest warrant. All the information that is basically the meat of the prosecution's case, any conduct that occurred between, consensual or not, between Kobe Bryant and the victim in this case, specifically any use of force.

It's very prejudicial information for the defendant if it gets out in terms of his right to a fair trial. It's also something that would hurt the victim in this particular case. This judge however, curious that he is saying that he wants to give the people time to appeal it, which sort of suggests that he might actually release the information.

BLITZER: Because it does suggest that because - I take it both the prosecution and the defense have asked the judge not to release the information so if he's saying, throwing out the suggestion that they might want to appeal his decision, he may be rejecting the request from both sides.

GUILFOYLE-NEWSOME: Exactly and that's why I think this is so curious, the timing, et cetera. He didn't come out with the ruling in the beginning of the week. It seems as if he was stalling because originally he said the 18th, stalling for a little bit of time.

And, keep in mind, we won't get this information, as your reporter mentioned, because there will be a stay of relief pending the appeal in this particular case. So, we won't get it until after the preliminary hearing where those facts will come out.

BLITZER: So, the only reason the judge would go forward and release the search warrant, the other documents is what, the public's right to know?

GUILFOYLE-NEWSOME: Absolutely. I mean honestly it's very tough to keep information away from the public. He'll have to make a strong ruling to say that, in fact, the defendant's right to a fair and impartial jury trial is more important and in a sense greater than the public's right to know in this particular case.

Again, we're talking about October 9th if all goes well and the case isn't continued that we're going to get this information regardless of whether they televise proceedings in that courtroom or not.

BLITZER: Kimberly, you're a D.A. You're familiar with these kinds of search warrants. Assuming the judge goes ahead and released the information, and we clearly don't know what the decision is, how much will we learn about this case based on those documents?

GUILFOYLE-NEWSOME: You will learn all the information that the alleged victim in this case gave to the sheriff's department when this occurred, the next day when she made the report, which means it would have to detail everything that she could remember and gave to them at the time she made this report, everything that occurred between her and Kobe Bryant so that's a lot of information.

It's all of the sexual conduct that occurred, the initial intimate consensual encounter, what followed, what she claims was non- consensual, in fact all the details, Wolf, so it's something that definitely I think he wouldn't be wrong if he withheld it until the prelim.

BLITZER: And October 9 is the preliminary hearing. Normally those go pretty quickly. The prosecution submits what evidence they have, then it's simply almost a matter of routine but how much substance would be released at that preliminary hearing?

GUILFOYLE-NEWSOME: Well, curious enough, both parties have agreed that they would only need half of a day in order to put this preliminary hearing which is sort of shocking. I mean prelims, as you point out, are probable cause hearings to just show bare bones sufficient evidence that a crime has been committed, the defendant is the one responsible.

We already know he's admitted he's done the conduct so it's basically going to come down to what we've termed before he said, she said. When was there a statement that basically she said no she didn't want the conduct to go further and then that's it. They're not going to put the victim on I don't believe in this particular case especially since they've agreed it's going to be half a day.

BLITZER: Kimberly Guilfoyle-Newsome, always good to have you on the program. Thanks very much for joining us.

President Bush is facing two international crises. Does he have the plan to solve either one of them? We'll go live on the road to Oregon where he's raising lots of money for his reelection among other things. Plus, dead but now alive, Chemical Ali captured in Iraq, find out about the man who carried out Saddam Hussein's worst crimes.

Also, cliffhanger, literally, cliffhanger over California, find out how one man hung on after plunging over the edge.

(COMMERCIAL BREAK)

BLITZER: Cliffhanger in California. Would you believe this dramatic rescue isn't the most ingenious part of the story? We're back in 60 seconds.

(COMMERCIAL BREAK)

ANNOUNCER: CNN live this hour, WOLF BLITZER REPORTS live from the nation's capital. With correspondents from around the world. Here now is Wolf Blitzer.

BLITZER: Welcome back to CNN. In just a moment, Saddam Hussein's henchman out of hiding and into custody.

First, though, the latest headlines.

(NEWSBREAK)

BLITZER: President Bush is in Oregon today to promote his environmental agenda. But behind the scenes, his attention is focus on two, two international crises on the other side of the world.

Our White House correspondent Suzanne Malveaux is traveling with the president. She's joining us now live from Redmond in Oregon.

Suzanne, tell us what's happening.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well, Wolf, this is the president's second stop in Oregon, as you mentioned before, to do some fund-raising, as well as to promote his environmental agenda.

But behind the scenes, the president is very much focused on one of the greatest challenges of his administration on his foreign policy, those twin attacks, the aftermath of those attacks in Iraq, as well as Israel. It was earlier today that Secretary Powell met with U.N. Secretary-General Kofi Annan to discuss strategy. When it comes to the Middle East, Secretary Powell as well as white house officials, are calling for Palestinian Prime Minister Mahmoud Abbas to dismantle those terrorist organizations.

Well, today Abbas was calling on Palestinian leaders Yasser Arafat to hand over some of the power of those Palestinian security forces to be able to do just that. So far, Yasser Arafat has refused and so the irony in all of this is that the one man that the Bush administration tried to marginalize in the Middle East peace process is now taking center stage, and in an extraordinary move, Secretary Powell and this administration called for his help.

(BEGIN VIDEO CLIP)

COLIN POWELL, SECRETARY OF STATE: I call on Chairman Arafat to work with Prime Minister Abbas and to make available to Prime Minister Abbas those security elements that are under his control so that they can allow progress to be made on the road map, end terror, end this violence that just results in the further repetition of the cycle that we've seen so often. It has to end.

(END VIDEO CLIP)

MALVEAUX: And today, as well, Wolf, on Iraq, Secretary Powell, as well as other administration officials, expressed that they would be more open to another U.N. Security Council resolution to give some political cover to countries that have been somewhat reluctant about contributing troops or aid to Iraq, to the effort. But he also made it crystal clear the United States is not giving up any type of military control over that operation -- Wolf.

BLITZER: Suzanne Malveaux in Oregon with the president. Thanks very much, Suzanne.

The U.N. Security Council has been meet this afternoon about a possible resolution that would get more countries involved in beefing up security in Iraq.

CNN's Michael Okwu is joining us now live from U.N. headquarters in New York to report on what's going on precisely right now -- Michael.

MICHAEL OKWU, CNN CORRESPONDENT: Wolf, you heard Suzanne Malveaux talking about the meeting between Powell and, of course, Kofi Annan, the U.N. secretary-general. One of the key sticking points in that resolution, which Powell was discussing with the secretary- general, likely be language that insures the u.n. plays a vital role and that the U.S. gives up just a little bit of the political power.

(BEGIN VIDEO CLIP)

POWELL: The president has always felt that the U.N. has a vital role to play and he has said that repeatedly. It is playing a vital role. That's what Sergio and his colleagues were doing. And so we are now just exploring language with our Security Council colleagues.

(END VIDEO CLIP)

OKWU: You heard the secretary talking about Sergio. That, of course, a reference to Sergio Vieira De Mello, the U.N.'s top man in Iraq, who died in the attack. Annan has told U.N. staffers he wants to make sure that the U.N. remains undaunted in doing its work and that U.N. staffers did not die in vain. U.S. officials say that -- says that Annan asked Powell in the morning meeting to make sure this is a resolution that is supported by all five permanent members of the Security Council.

(BEGIN VIDEO CLIP) KOFI ANNAN, U.N. SECRETARY-GENERAL: Yes, there were divisions last winter. There were divisions before the war. But we all realize that it is urgent to help bring peace to Iraq, bring peace to the region, and an Iraq that is destabilized and Iraq that is in chaos, it's not in the interest of the region or the world.

OKWU: Annan is scheduled to meet with British Foreign Secretary Jack Straw tomorrow -- Wolf.

BLITZER: Michael Okwu at the U.N. Thanks, Michael, very much.

He's known as Chemical Ali, a label which just begins to hint at his ruthless reputation. Today one of Saddam Hussein's most notorious and feared henchman is in U.S. custody.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): The Pentagon's top brass downplayed the capture.

DONALD RUMSFELD, DEFENSE SECRETARY: Today CENTCOM announced the capture of Chemical Ali, No. 5 on the most-wanted list.

GEN. JOHN ABIZAID, CENTCOM COMMANDER: I would say that Chemical Ali has been active in some ways in influencing people in and around him in a regional way and I think I would leave it at that.

BLITZER: Millions of Iraqis and Kuwaitis wouldn't leave it at that.

Ali Assan Al Majid got his nickname for allegedly ordering the 1988 poison gas attack, which killed thousands of Kurds in the Iraqi town of Halabja. Chemical Ali would go on to be entrusted by his cousin Saddam Hussein with other high-profile assignments.

He became the de facto governor of Kuwait when Iraq invaded its southern neighbor in August of 1990. During seven months of Iraqi occupation, numerous reports of murder, torture, rape, looting. Kuwaitis would never forget Chemical Ali.

MAHMOUD QABAZAD, FATHER OF VICTIM: He burned my heart. My heart burned.

BLITZER: Earlier this year, CNN's Richard Blystone interviewed a man named Mahmoud Kabazhar (ph), who claimed his son, Ahmed, was a leader of the Kuwaiti resistance during the 1990 occupation. Captured by the Iraqis, later, Kabazhar said Ahmed was returned to his family, having been tortured and shot dead right in front of them.

UNIDENTIFIED MALE: His face, I could see it now. But his body -- all his nail is out. All his body was like -- of course not with a cigarette, but I know with a -- there is a machine, you know, like a drill in his body.

BLITZER: Chemical Ali would later be put in charge of Saddam's forces in southern Iraq. He's linked to the 1991 suppression of the Shi'ite rebellion there. At the height of this year's war allied forces thought they'd killed Chemical Ali during an air strike in Basra. Later, U.S. officials indicated he might have survived. With his capture, many Iraqi would like to see him put on trial. The very sentiments of one Kuwaiti father back in April.

UNIDENTIFIED MALE: And then -- and giving him to me, and I know what to do with him. Put him and sit on his chest and get a knife and cut from his body and give him to eat. This is my idea to do with Al- Majid or Saddam Hussein.

(END VIDEOTAPE)

BLITZER: U.S. Officials tell me that Chemical Ali can now expect a lengthy, lengthy, in their words process of interrogations, something that's going to go on for weeks and months.

We're getting some new developments now in the Kobe Bryant case. Updating you from what we reported only moments ago.

Gary Tuchman is on the scene for us again in Eagle, Colorado.

What's the latest -- Gary.

TUCHMAN: We have the decision from the judge. The order is right here, and he has decided to release some of the court files, some of them will be unsealed. The judge has decided to unseal perhaps the most important court file, the one that media attorneys asked for, the actual arrest warrant, which will contain the prosecution's allegation against Kobe Bryant on that night of June 30. The judge saying "the arrest warrant and return recite the offenses for which the defendant was arrested, the amount of bail and the fact the defendant was arrested on July 4, and thus contain no information which would implicate defendant's fair trial rights and therefore should be immediately released. He also says other things will not be releases, including the search warrant, which includes medical test information and statements about the alleged sexual assault. He says that's too graphic and that could prejudice a trial against Kobe Bryant.

Now, we do tell you that it's immediately released. That's what it says here. However, the end of this order it says that the attorneys will get 10 days to appeal this decision. So there's a stay that's been issued, so we don't have the actual arrest warrant. Prosecutors and defense attorneys have both said they wanted everything to stay sealed. The judge now says he will unseal some of these papers, including the most important ones. But we won't have them in our hands for at least 10 days because the attorneys will get a chance to appeal.

Wolf, back to you.

BLITZER: Very interesting, Gary. Because if you were just listening in, Kimberly Guilfoyle Newsome, the assistant D.A. in San Francisco was on this program. And when you reported that before we knew what the judge was going to do, only that he'd made a decision, that he'd give the prosecution and the defense an opportunity to appeal, she immediately said, well, that suggests he is going to release at least some of those documents. So she was right on. It does come as a surprise of some sorts to me, given the fact that both the prosecution and the defense asked the judge not to release this information. He's overruling both sides saying the public has a more important right to know.

TUCHMAN: Not a more important right to know. The public has a first amendment right to know. And he's saying this won't destroy the chance for Kobe Bryant to get a fair trial. He told us it would be an easy decision. That must mean he's not releasing anything. Our interpretation was he would invoke a compromise, and this is what it is. He is saying the public can have the right to know and not damage the chances Of Kobe Bryant getting a fair trial. Therefore he released some information he thought was safe. The other information he thought could damage Kobe Bryant's chances of getting a fair trial he kept under seal.

BLITZER: I am assume both sides the prosecution and defense are only learning about this right now. That the judge didn't give them advanced warning. They have 10 days to go ahead and decide if they want to appeal the judge's decision. Going into this decision you have been talking to both sides.

Did they give you any indication they would go ahead and appeal?

TUCHMAN: We actually asked the district attorney's office yesterday if they would indeed appeal if a decision like this came down, and they told us no comment. Defense attorneys, we've attempted to call them and ask them and they haven't responded.

I would assume, Wolf, that we will get appeals from both of them.

BLITZER: Gary, stand by for a moment because Kimberly Guilfoyle Newsom, the assistant D.A. in San Francisco is rejoining us now on the phone from New York.

Kimberly, in case you missed what Gary reported since we spoke on the air, the judge has released the information. He's going to release at least partially some of those documents, although he's not going to release them right away. He is going to give both the prosecution and defense 10 days to go forward and appeal if they want to.

In this kind of a situation, they both didn't want him to release the search warrant, the other information. Now he's decided it is a good deal.

Do you think they will appeal?

GUILFOYLE-NEWSOM: Definitely think they'll appeal. They've made strong positions that in fact they don't want this information out. They've made strong statements on behalf of the defense and the prosecution, joining the defense argument that release of this information will be highly prejudicial, damaging to the defendant's right to a fair trial. This information should not come out. I think they'll scramble to appeal it. I think, the information will not be releases because it will be stayed pending appeal.

BLITZER: So it's not going to be released obviously for 10 days. But after that, then who decides if they appeal, they go to a higher level of the judicial system, I take it, in Colorado.

GUILFOYLE-NEWSOM: That is correct. And what they'll do is basically ask for a stay pending appeal. What that means is they'll ask the court to prevent the documents from being released beyond the 10-day period so that it does not come out in the public in the interim between the 10-day period and the date of the preliminary hearing October 9. So, what we can expect in this case is, one, an appeal from the prosecution and the defense, two that the media will probably appeal to get the rest of the information released, and three, that we will not hear or see any of this until after the preliminary hearing.

BLITZER: And that preliminary hearing when they show the evidence that they have is scheduled for October 9. This stay and this whole business over whether or not the judge is right in going forward, that shouldn't delay the start of that preliminary hearing, Kimberly, should it.

GUILFOYLE-NEWSOM: Excellent question. In fact, it may delay it, but it should not. I believe that the prelimn will still continue on October 9, unless you have the defense or the prosecution seeking to continue the case. I don't think that we'll see that. They've both said they can be ready to go on that date. I think they want to get this case on the go and I think it will proceed forward on October 9.

BLITZER: And one final question, Kimberly, before I let you go. If the judge holds and demands that he's going to release this information right now is there a potential for some sort of appeal, if Kobe Bryant is convicted, let's say, down the road, that this was so prejudicial to creating a jury pool that they may have an opportunity built in on this issue alone for a possible appeal of a verdict?

GUILFOYLE-NEWSOM: Absolutely, because the taint would begin now. This would be the beginning of the release of prejudicial information that would harm his right not only at the prelimn, but at the trial. It's an excellent point. Basically it's a great appellate issue for the defense in this case, even if Kobe Bryant is convicted down the road.

Kimberly Guilfoyle-Newsom, the assistant D.A. of San Francisco joining us. Helping us understand the whole issue.

I want to thank Gary Tuchman for breaking this news here on CNN as well. Stay with CNN throughout the night. We'll continue to cover this story and get much more information for you about it. Thanks very much to Gary Tuchman and Kimberly Guilfoyle Newsome.

Lets move on. California congressional Democrats are weighing in on the recall election with a difference of opinion.

Who is backing whom?

We'll go live to L.A.

Also, hanging on by a shrub for three days. How the man in the van was saved. All that still to come.

(COMMERCIAL BREAK)

BLITZER: California's congressional Democrats are weighing in on the recall election. There's some difference of opinion between the state's senior Senator and her counterparts in the house. Our national correspondent Bob Franken is, as usual, following all of these developments from L.A. He's joining us live -- Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Wolf, first of all, Governor Gray Davis asked that no Democrat run as an alternative to him in the recall and the Lieutenant-Governor Cruz Bustamante said, sorry governor, we're going to run.

Then the governor asked that fellow Democrats only fight the recall and not endorse another candidate. Today the 33 members of the congressional delegation in California, the Democrats held a conference call and then their leader came out to say, sorry, governor.

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI (D) CA, MINORITY LEADER: We strongly oppose the recall but if California voters make a different choice, then Lieutenant Governor Bustamante is the appropriate person to assume that office.

(END VIDEO CLIP)

FRANKEN: Now, that goes right in the face of Senator Dianne Feinstein who is considered about the most powerful Democrat in the state. As a matter of fact, she was at the L.A. Police Department with an event with Governor Gray Davis about assault weapons. She said that it is completely a mistake and she has no intention of following her fellow Democrats.

(BEGIN VIDEO CLIP)

SEN. DIANNE FEINSTEIN, (D) CALIFORNIA: I am not going to vote on the second part of the ballot. I am going to vote on the first part of the ballot, and my vote is going to be to vote no on the recall.

(END VIDEO CLIP)

FRANKEN: So the Democrats obviously have a problem with the Republicans who are opposing them in the recall. But as we're finding out, Wolf, the Democrats have a big problem with their fellow Democrats -- Wolf.

BLITZER: Bob Franken in L.A. for us, thanks, Bob, very much.

Taco Bell wants in on the recall action. The fast-food chain is launching what it calls the recall election Taco Bell. Through its Web site the company says it will count the sale of every beef crunchy taco as a valid vote for Arnold Schwarzenegger and every chicken soft taco as a vote for Governor Gray Davis. The grilled stuffed burrito will count for a vote for the other 134 candidates. The results will be released the day before their recall vote. Okay for Taco Bell.

For years he helped the CIA evade their enemies. Now this disguisemaker is applying his talent to help the disabled with a truly amazing result. His compelling, heartwrenching story when we come back.

(COMMERCIAL BREAK)

BLITZER: You are looking at pictures of a remarkable rescue in southern California's Angeles National Forest in suburban L.A. A motorist was trapped in his van for about three days after it plunged over the side of a mountain highway and hung on a cliff. The man was rescued only after he set fire to the brush.

When firefighters responded to the two-acre blaze, they discovered the van in the brush. The man was airlifted to Pasadena Hospital where officials say he was dehydrated but in good condition. That's good.

Now to another inspirational story. Children across the United States are going back to school. Some students just want to blend into the crowd. CNN's Kathleen Koch introduces us to a Virginia man who helps them do precisely that.

(BEGIN VIDEOTAPE)

ROBERT BARRON: Hold real still now.

KATHLEEN KOCH, CNN CORRESPONDENT (voice-over): It's August. And that means Bob Barron's Ashburn, Virginia, office is full of anxious children, eager to start the school year, for once, looking like everyone else.

BARRON: You doing okay?

UNIDENTIFIED MALE: Yes.

KOCH: Barry makes incredibly lifelike prosthetics, ears, eyes, noses, fingers, for people whose only choice used to be reconstructive surgery. Samantha Ponder, born with only one ear is having her first fitting.

SAMANTHA PONDER, PATIENT: I don't like people making fun of me about it. And that's why it's important to me. Because, I think, they can make fun of me for anything else, but if I have a prosthetic ear, they can't make fun of me for that.

KOCH: But it was masks like this in the movie "Mission: Impossible" that he used to specialize in.

So this is the kind of thing, though, that you would make for the CIA? BARRON: Yes.

KOCH: As an agent for 24 years he crafted disguises used by undercover operatives in hot spots around the world.

BARRON: You have to really pass close scrutiny by a foot, and a half in broad daylight, and you have to make sure that looks like skin.

KOCH: But come retirement, instead of heading to Tinseltown to make millions, he chose a different career track.

BARRON: When I saw these disfigured people, I said, Bob, if you can put people in hiding, you can bring people out of hiding.

KOCH: And he has, more than 1,000 over the last 10 years.

Really amazing. Every little wrinkle and blood vessel.

BARRON: And, if you'll look real close, fingerprints.

KOCH: Making a silicone ear can take a week. A full mask, three or four months.

BARRON: And each hair is laid in one by one. This is an elderly gentlemen. You can see the cancer marks in his ear.

KOCH: Though not permanent, Barron insists the prosthetic, like this false eye, are medically necessary.

BARRON: It restores symmetry, and it also keeps the mucus membranes from drying out.

Hold real still.

KOCH: The emotional benefits are even greater, say the parents of this 6-year-old getting a new ear.

CHARLES BROWN, FATHER: I think, for Thomas, it's going to be a matter of confidence and being able to deal with other people.

BARRON: What do you think?

KOCH: A former spy on a new mission.

BARRON: You're my pal, right?

UNIDENTIFIED MALE: Right.

BARRON: You're my pal?

KOCH: Kathleen Koch, CNN, Ashburn, Virginia.

(END VIDEOTAPE)

(COMMERCIAL BREAK) BLITZER: Here are the results of our unscientific poll, "LOU DOBBS TONIGHT" starts right now.

END

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



blast in Iraq; No increase in U.S. troops in Iraq yet; Israel strikes back; Ismail Abu Shanab killed by Israeli retaliation; More shooting at a convenience store in West Virginia; Alabama Supreme Court votes to remove monument of Ten Commandments; Judge to announce decision on unsealing documents in Kobe Bryant case;>



Aired August 21, 2003 - 17:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
WOLF BLITZER, CNN ANCHOR: It's not something you see every day, a chief justice of the state defying his own colleagues as well as the federal government but that's happening right now at issue, the Ten Commandments. Stand by for hard news on WOLF BLITZER REPORTS.
(BEGIN VIDEOTAPE)

BLITZER (voice-over): Terror in Baghdad.

GEN. JOHN ABIZAID, CENTRAL COMMAND: I mean clearly it is emerging as the number one security threat.

BLITZER: As the death toll rises, another blast at U.N. Headquarters in Baghdad, we'll tell you why.

Chemical Ali caught, Saddam Hussein's most feared henchman in U.S. hands.

On the brink, Israel strikes back but militant groups vow their own revenge. Is there a way out?

COLIN POWELL, SECRETARY OF STATE: The end of the roadmap is a cliff that both sides will fall off of.

BLITZER: Over a cliff in California, we'll show you pictures of a dramatic rescue.

He used to make disguises for CIA spies, now he has a new mission.

UNIDENTIFIED MALE: When I saw these disfigured people I said, Bob, if you can put people in hiding you can bring people out of hiding.

(END VIDEOTAPE)

ANNOUNCER: CNN live this hour, WOLF BLITZER REPORTS, live from the nation's capital with correspondents from around the world. WOLF BLITZER REPORTS starts now.

BLITZER: It's Thursday, August 21, 2003. Hello from Washington, I'm Wolf Blitzer reporting.

Four months after Saddam Hussein's regime was toppled the Pentagon says terrorism is now the biggest security threat in Iraq.

In Baghdad, recovery efforts continue at the scene of Tuesday's devastating bombing at U.N. Headquarters. A previously unknown group today issued a claim of responsibility vowing to carry out more attacks.

The U.S. military announced one victory today the capture of Saddam Hussein's ruthless right-hand man know as Chemical Ali for his role in poison gas attacks against the Kurds.

We've got two correspondents standing by and all the dramatic developments in Iraq. We begin with CNN's Ben Wedeman. He's in Baghdad - Ben.

BEN WEDEMAN, CNN CORRESPONDENT: Yes, Wolf, well we've received the first claim of responsibility for the bombing of the U.N. Headquarters in Baghdad last Tuesday.

Now that claim of responsibility was received by Al Aribiya. That is an Arabic satellite news channel. The claim came from a previously unknown group called the Armed Vanguards of Mohammed's Second Army.

Now this is the first time anyone's ever heard of this organization, which in that claim received by Al Aribiya, they said that they would continue similar attacks against all foreigners in Iraq.

Now, at the scene of the bombing, the rescue efforts continue there. They were suspended at about 7:30 p.m. local time; however, when U.S. troops there undertook a controlled explosion to loosen a part of the roof that was hanging over the damaged part of the building that part of the roof was endangering the workers who were trying to sift through the rubble there.

Today no more bodies were found. At this point the death toll stands, according to U.N. officials here in Baghdad, at 23 but they do believe that there may be one or two bodies still left in the ruins - Wolf.

BLITZER: CNN's Ben Wedeman in Baghdad, thanks Ben very much.

Barbara Starr, our Pentagon Correspondent, is standing by. U.S. officials are acknowledging just how grave the new threat is. Barbara, tell us what the latest is.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Indeed, Wolf, here at the Pentagon today a lot of concern about the security situation in Iraq.

(BEGIN VIDEOTAPE)

STARR (voice-over): Two days after the bombing of the United Nations Headquarters in Baghdad, the top U.S. military commander admitted just how serious the terrorist problem has become in Iraq.

ABIZAID: It is emerging as the number one security threat and we are applying a lot of time, energy, and resources to identify it, understand it, and deal with it. STARR: The military believes terrorist groups are operating in an area bound by Tikrit, al-Ramadi, and Baghdad, perhaps some Saddam loyalists but also foreign fighters infiltrating across the Syrian and Iranian borders and worries that both groups are now working together.

ABIZAID: They are clearly a problem for us because of the sophistication of their attacks and because of what I would call their tactics to go after Iraqis.

STARR: But it is Iraqis that the U.S. military is depending upon for a long term security solution not more U.S. combat troops.

ABIZAID: I think it's clear that we've got to do a lot more to bring an Iraqi face to the security establishments throughout Iraq very quickly.

STARR: There are already 50,000 Iraqis in the police force on border patrols and working in civil defense and other forces to guard pipelines, power plants, and other crucial facilities. The Bush administration is not predicting how many troops may be in Iraq in the months ahead.

DONALD RUMSFELD, DEFENSE SECRETARY: The president has indicated that whatever level of U.S. forces is appropriate that the general will have that level and he knows that.

STARR: One hundred and forty thousand U.S. troops are there now plus 24,000 coalition forces. If a United Nations resolution results in more coalition forces it's not clear the security situation would be calm enough for General Abizaid to allow U.S. soldiers to be sent home.

(END VIDEOTAPE)

STARR: So, Wolf, while the commanders insist that for now they don't need more U.S. troops there's no indication that the attacks are going to stop anytime soon and that is going to put pressure on the Bush administration to make sure that its plan works - Wolf.

BLITZER: Barbara Starr at the Pentagon thanks Barbara very much.

And here is your turn to weigh in on the story. Our web question of the day is this: "Are Iraqis better off now than they were before the war, yes or no"? We'll have the results later in this broadcast. You can vote right now.

Go to cnn.com/wolf. While you're there I'd love to hear directly from you. Send me your comments. I'll try to read some of them on the air each day at the end of this program. That's also, of course, where you can read my daily online column, cnn.com/wolf.

Now to the situation in Israel and Gaza, Israel today struck back for Tuesday's bloody bus bombing that killed 20 people in the heart of Jerusalem, targeting a key leader of a Palestinian militant group in Gaza and leaving the two sides on the brink of all out conflict.

CNN's Jerrold Kessel reports from Jerusalem.

(BEGIN VIDEOTAPE)

JERROLD KESSEL, CNN CORRESPONDENT (voice-over): The Hamas official's car took a series of direct missile hits from Israeli helicopters overhead but it was not exactly a bolt from the blue. Israeli had been contemplating a response after the deadly Hamas suicide bombing killed 20 people in a Jerusalem bus on Tuesday night. Other Hamas spokesmen proclaim their two month ceasefire now dead, promise vengeance.

"Let Sharon the criminal murderer" he says "know that he will be the reason for more killings of his people."

Outside Abu Shanab's house mourning for the 53-year-old U.S.- educated father of 11, considered by many one of the least strident voices in the ideologically radical Islamic group but Israel argues public officials of the militant officials are involved in planning attacks.

GIDEON MEIR, ISRAELI FOREIGN MINISTER: Terrorist organizations are acting freely. The instructions to kill the 20 Israelis came out of the top leadership of Hamas in Gaza in conjunction with their headquarters in Syria and in other places.

KESSEL: The attack preempts the promise of action by the Palestinian Authority. Only hours earlier, Prime Minister Mahmoud Abbas won backing for his declared intention to crack down on the militant groups, an ugly crime he called the Gaza assassination.

MAHMOUD ABBAS, PALESTINIAN PRIME MINISTER (through translator): This action does not serve peace. Such operations affect negatively all the plans that the Palestinian Authority is undertaking.

KESSEL: The anger on Gaza streets will clearly greatly complicate the Palestinian leader's situation. Even at the Israeli security cabinet some ministers propose that attacks such as that in Gaza be held back for a few days as a final test of the Palestinian leadership's resolve to take on their radicals. But after this week's bus bomb the majority in the Israeli government seemed to believe Israel could no longer afford to wait for the Palestinians to act.

Jerrold Kessel, CNN, Jerusalem.

(END VIDEOTAPE)

BLITZER: Just who was the man targeted for retaliation by Israel? He did not hide in the shadows. He was well know; in fact, I spoke with him myself during an earlier crisis.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): In the wreckage of a burned out station wagon, Hamas lost one of its founders. Through two intafadas and countless reprisal battles with the Israelis, Ismail Abu Shanab emerged as a public face of the Islamist group. I interviewed him in April 16th of last year in the midst of a horrible cycle of violence. This was after the devastating Passover seder suicide bombing in late March for which Hamas claimed responsibility and the grinding street battle at the Jenin refugee camp.

Do you support these suicide bombing attacks against Israeli civilians?

ISMAIL ABU SHANAB, HAMAS LEADER: Nobody supports killing innocent people but the Palestinian position is in a self defense position that Palestinians who suffer from Israeli occupation and from Israeli military forces who kill and massacre and assassinate and destroy all of their infrastructure and all of their (unintelligible).

BLITZER: The Israeli military said Abu Shanab had been involved in planning recent attacks against Israelis but Palestinians had a different view of the 53-year-old father of 11 who had gotten a degree in civil engineering in Colorado.

After serving at least seven years in an Israeli prison for his role in establishing Hamas, Abu Shanab had in recent years acted as a liaison with Palestinian Prime Minister Mahmoud Abbas who was then trying to persuade militant groups to stop attacking Israelis.

Last year, I asked Abu Shanab if he encouraged young people to go out and act as suicide bombers.

SHANAB: No, totally. They do it by their initiative but impressed and incited by Sharon's plan to kill more Palestinians and by Sharon (unintelligible) soldiers and tanks and airplanes who kill more Palestinians.

BLITZER: I also asked him whether he would support an independent Jewish state if Israel withdrew to the 1967 borders.

SHANAB: We support one thing, Israeli full withdrawal from our land. If this is achieved we support any plan which can get this Israeli occupation to withdraw.

(END VIDEOTAPE)

BLITZER: He would support an independent Jewish state. I was in Jerusalem when I interviewed Abu Shanab last year. He, of course, was in Gaza.

When we come back infighting at Alabama Supreme Court, the showdown over the Ten Commandments gets down and dirty.

Also, new developments in the Kobe Bryant case. The judge has decided whether to unseal court documents including the arrest warrant. We're waiting for the announcement. We'll go live to Colorado.

And dramatic rescue in California how one man survived a plunge over the edge. (COMMERCIAL BREAK)

(BREAKING NEWS)

BLITZER: We just got these pictures that are coming in to CNN. You're seeing a bus in Cincinnati, Ohio for some reason got derailed off the road and slammed into this house in Cincinnati, obviously, fire workers, rescue workers on the scene. We have no indication of injuries.

We are told there are some injuries but we will get some more information on this but a pretty dramatic picture, a bus, a passenger bus in Cincinnati, Ohio, Metro bus, simply slamming, slamming into a house in Cincinnati and we'll find out some more information about it when we do.

Let's move on to another story now. Another convenience story has seen a shooting in West Virginia. The West Virginia situation obviously getting increasingly more complicated. They're trying to determine if this latest shooting is related to the three other allegedly sniper shootings that have plagued the Charleston area.

Our Investigative Correspondent Art Harris has been reporting on all of the developments including what happened last night involving a 16-year-old girl.

(BEGIN VIDEOTAPE)

ART HARRIS, CNN INVESTIGATIVE REPORTER (voice-over): Late at night at a convenience store in Dunbar, West Virginia, a gunshot heard by a 16-year-old girl who told police it barely missed her only moments after she saw a dark pickup drive slowly by. Her mother...

UNIDENTIFIED FEMALE: And she saw the truck before the shot was fired and said it was maroon with a gold stripe down it.

HARRIS: Investigators came back in daylight to comb the pavement hunting bullet fragments or any other evidence they might find.

CHIEF DEPUTY PHIL MORRIS, KANAWHA CO. SHERIFF'S DEPT.: Our crime lab people checked that building and checked the car that was setting there and the pumps and we could find where no bullet hit anything.

HARRIS: Yet two other witnesses nearby told CNN they also heard the gunshot and a vehicle speeding away its tires screeching. The teenage girl called 911. City police put out an alert.

A county sheriff's deputy spotted a dark pickup like this one shown in an animation investigators are using to recreate an earlier murder scene. The deputy took off after the pickup at a high speed but lost it on the hilly roads of West Virginia. The sheriff's office is downplaying whatever happened.

MORRIS: We cannot connect the chase with what may or may not have occurred in Dunbar. You'll have to talk with Dunbar.

UNIDENTIFIED MALE: But there was a shooting.

HARRIS: We did. Dunbar Police told us the multi agency sniper task force is investigating this latest matter. When reporters pressed the sheriff about a possible rift with other agencies he walked away from his own news conference.

(END VIDEOTAPE)

HARRIS: At other news conferences the mayor has been joined by other members of the sniper task force but nowadays he's on his own - Wolf.

BLITZER: CNN's Art Harris covering the story for us, thanks Art very much.

Now, to a development in the Kobe Bryant case, would unsealing court documents hurt or help the basketball star? Kimberly Guilfoyle Newsome will join us live on play-by-play at center court.

Also, master of disguise a former CIA agent who's using his craft for a new life mission.

And, run for the border, Taco Bell gets in on the California recall.

(COMMERCIAL BREAK)

BLITZER: Defiant words from the Alabama Supreme Court Chief Justice this afternoon after the associate justices overruled him. They ordered a controversial monument of the Ten Commandments removed from the State Judicial Building.

CNN's David Mattingly is in Montgomery, Alabama.

(BEGIN VIDEOTAPE)

DAVID MATTINGLY, CNN CORRESPONDENT: Alabama Chief Justice Roy Moore remaining defiant, disappointed he says by his fellow state Supreme Court justices who today ordered the building manager of the State Judicial Building to take all steps necessary to comply with the federal court order to remove Moore's monument to the Ten Commandments from the rotunda of the building.

It was a move applauded by the Alabama state attorney general who praised the justices for adhering to the rule of law. Moore, however, says he will continue his legal fight by going back to the Supreme Court.

CHIEF JUSTICE ROY MOORE, ALABAMA: I will not violate my oath. I cannot forsake my conscience. I will not neglect my duty and I will never, never deny the God upon whom our laws and our country are based.

MATTINGLY: Scores of people rallied last night on the steps of the Alabama State Supreme Court Building. Some are still here vowing to keep a 24-hour watch on the monument. Last night there was an incident indoors, about 20 or so supporters of Justice Moore refused to leave the building at the end of business hours yesterday. They were arrested and charged with trespassing. No chance of any kind of incident like that today because the building is locked, the doors are closed and people from the general public are not allowed to go inside.

State Attorney General Bill Pryor said that he praises the justices for their action today. He said that they were faithful to the rule of law and said that he believes their action will help prevent the state of Alabama from being fined by the federal courts $5,000 every day that there is a monument in the rotunda of this building.

David Mattingly CNN, Montgomery, Alabama.

(END VIDEOTAPE)

BLITZER: And we'll have much more on this monumental story coming up on "LIVE FROM THE HEADLINES" with Paula Zahn, that's tonight, 8:00 p.m. Among her guests Bill Pryor, the Alabama Attorney General. He's right in the middle of this uproar.

The judge in the Kobe Bryant sexual assault case has reached a decision on unsealing documents that could be announced any minute.

Our National Correspondent Gary Tuchman is live in Eagle, Colorado and he's got the details - Gary.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Wolf, the judge has told us he's made a decision but he's also telling us he will not disclose it just yet. He is not playing games with us. What he is simply doing is finishing up the typing on the computer of the order he will issue and letting the prosecution and the defense know.

But what it is the judge is saying he will tell us whether or not he will unseal court files in the Kobe Bryant case, a very important decision because so far nothing officially has been released in this case.

We know that Kobe Bryant has been charged with a felony sexual assault. We do not know what the prosecution says happened that night. If these files are unsealed they would include the arrest warrant and then we would get that information.

The prosecution and the defense have both told the judge they want it to stay sealed at least until the preliminary hearing which will be held on October 9th, which is seven weeks from today; however, news media attorneys say it's the public right to know. This is a public file and it should be open.

The judge tells us he will tell us by the end of the day today, which is five o'clock local time, seven o'clock Eastern time or at the very latest he'll tell us tomorrow. But if he does decide to unseal any or all of the files it's very likely we won't have the files right away to read to you because the judge says he'll give attorneys a chance to appeal - Wolf.

BLITZER: All right, Gary Tuchman in Eagle, Colorado with that, thanks Gary very much.

Meanwhile, the top NBA draft pick Lebron James has signed what's said to be a multi-million dollar endorsement deal with Sprite. A company spokesman says the contract is unrelated to Sprite's endorsement deal with Kobe Bryant which runs through 2005 and that Sprite has always used more than one star at a time. Ads featuring Bryant stopped running last month, a move the company says was planned long ago.

We're joined now by Kimberly Guilfoyle Newsome. She's an assistant district attorney in San Francisco. She is joining us now live from New York. Kimberly thanks very much for joining us.

The judge in deciding whether to release the unsealed, the documents, the evidence or whatever says it was an easy decision but he's not telling us what that decision is. Does that suggest he's going to not release the documents?

KIMBERLY GUILFOYLE-NEWSOME, ASST. DISTRICT ATTORNEY, SAN FRANCISCO, CALIFORNIA: I would be very surprised if he did release the documents in this particular type of case given the nature of the crime here that's alleged, sexual assault, a forcible rape crime.

Highly sensitive information will be contained within that particular arrest warrant. All the information that is basically the meat of the prosecution's case, any conduct that occurred between, consensual or not, between Kobe Bryant and the victim in this case, specifically any use of force.

It's very prejudicial information for the defendant if it gets out in terms of his right to a fair trial. It's also something that would hurt the victim in this particular case. This judge however, curious that he is saying that he wants to give the people time to appeal it, which sort of suggests that he might actually release the information.

BLITZER: Because it does suggest that because - I take it both the prosecution and the defense have asked the judge not to release the information so if he's saying, throwing out the suggestion that they might want to appeal his decision, he may be rejecting the request from both sides.

GUILFOYLE-NEWSOME: Exactly and that's why I think this is so curious, the timing, et cetera. He didn't come out with the ruling in the beginning of the week. It seems as if he was stalling because originally he said the 18th, stalling for a little bit of time.

And, keep in mind, we won't get this information, as your reporter mentioned, because there will be a stay of relief pending the appeal in this particular case. So, we won't get it until after the preliminary hearing where those facts will come out.

BLITZER: So, the only reason the judge would go forward and release the search warrant, the other documents is what, the public's right to know?

GUILFOYLE-NEWSOME: Absolutely. I mean honestly it's very tough to keep information away from the public. He'll have to make a strong ruling to say that, in fact, the defendant's right to a fair and impartial jury trial is more important and in a sense greater than the public's right to know in this particular case.

Again, we're talking about October 9th if all goes well and the case isn't continued that we're going to get this information regardless of whether they televise proceedings in that courtroom or not.

BLITZER: Kimberly, you're a D.A. You're familiar with these kinds of search warrants. Assuming the judge goes ahead and released the information, and we clearly don't know what the decision is, how much will we learn about this case based on those documents?

GUILFOYLE-NEWSOME: You will learn all the information that the alleged victim in this case gave to the sheriff's department when this occurred, the next day when she made the report, which means it would have to detail everything that she could remember and gave to them at the time she made this report, everything that occurred between her and Kobe Bryant so that's a lot of information.

It's all of the sexual conduct that occurred, the initial intimate consensual encounter, what followed, what she claims was non- consensual, in fact all the details, Wolf, so it's something that definitely I think he wouldn't be wrong if he withheld it until the prelim.

BLITZER: And October 9 is the preliminary hearing. Normally those go pretty quickly. The prosecution submits what evidence they have, then it's simply almost a matter of routine but how much substance would be released at that preliminary hearing?

GUILFOYLE-NEWSOME: Well, curious enough, both parties have agreed that they would only need half of a day in order to put this preliminary hearing which is sort of shocking. I mean prelims, as you point out, are probable cause hearings to just show bare bones sufficient evidence that a crime has been committed, the defendant is the one responsible.

We already know he's admitted he's done the conduct so it's basically going to come down to what we've termed before he said, she said. When was there a statement that basically she said no she didn't want the conduct to go further and then that's it. They're not going to put the victim on I don't believe in this particular case especially since they've agreed it's going to be half a day.

BLITZER: Kimberly Guilfoyle-Newsome, always good to have you on the program. Thanks very much for joining us.

President Bush is facing two international crises. Does he have the plan to solve either one of them? We'll go live on the road to Oregon where he's raising lots of money for his reelection among other things. Plus, dead but now alive, Chemical Ali captured in Iraq, find out about the man who carried out Saddam Hussein's worst crimes.

Also, cliffhanger, literally, cliffhanger over California, find out how one man hung on after plunging over the edge.

(COMMERCIAL BREAK)

BLITZER: Cliffhanger in California. Would you believe this dramatic rescue isn't the most ingenious part of the story? We're back in 60 seconds.

(COMMERCIAL BREAK)

ANNOUNCER: CNN live this hour, WOLF BLITZER REPORTS live from the nation's capital. With correspondents from around the world. Here now is Wolf Blitzer.

BLITZER: Welcome back to CNN. In just a moment, Saddam Hussein's henchman out of hiding and into custody.

First, though, the latest headlines.

(NEWSBREAK)

BLITZER: President Bush is in Oregon today to promote his environmental agenda. But behind the scenes, his attention is focus on two, two international crises on the other side of the world.

Our White House correspondent Suzanne Malveaux is traveling with the president. She's joining us now live from Redmond in Oregon.

Suzanne, tell us what's happening.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well, Wolf, this is the president's second stop in Oregon, as you mentioned before, to do some fund-raising, as well as to promote his environmental agenda.

But behind the scenes, the president is very much focused on one of the greatest challenges of his administration on his foreign policy, those twin attacks, the aftermath of those attacks in Iraq, as well as Israel. It was earlier today that Secretary Powell met with U.N. Secretary-General Kofi Annan to discuss strategy. When it comes to the Middle East, Secretary Powell as well as white house officials, are calling for Palestinian Prime Minister Mahmoud Abbas to dismantle those terrorist organizations.

Well, today Abbas was calling on Palestinian leaders Yasser Arafat to hand over some of the power of those Palestinian security forces to be able to do just that. So far, Yasser Arafat has refused and so the irony in all of this is that the one man that the Bush administration tried to marginalize in the Middle East peace process is now taking center stage, and in an extraordinary move, Secretary Powell and this administration called for his help.

(BEGIN VIDEO CLIP)

COLIN POWELL, SECRETARY OF STATE: I call on Chairman Arafat to work with Prime Minister Abbas and to make available to Prime Minister Abbas those security elements that are under his control so that they can allow progress to be made on the road map, end terror, end this violence that just results in the further repetition of the cycle that we've seen so often. It has to end.

(END VIDEO CLIP)

MALVEAUX: And today, as well, Wolf, on Iraq, Secretary Powell, as well as other administration officials, expressed that they would be more open to another U.N. Security Council resolution to give some political cover to countries that have been somewhat reluctant about contributing troops or aid to Iraq, to the effort. But he also made it crystal clear the United States is not giving up any type of military control over that operation -- Wolf.

BLITZER: Suzanne Malveaux in Oregon with the president. Thanks very much, Suzanne.

The U.N. Security Council has been meet this afternoon about a possible resolution that would get more countries involved in beefing up security in Iraq.

CNN's Michael Okwu is joining us now live from U.N. headquarters in New York to report on what's going on precisely right now -- Michael.

MICHAEL OKWU, CNN CORRESPONDENT: Wolf, you heard Suzanne Malveaux talking about the meeting between Powell and, of course, Kofi Annan, the U.N. secretary-general. One of the key sticking points in that resolution, which Powell was discussing with the secretary- general, likely be language that insures the u.n. plays a vital role and that the U.S. gives up just a little bit of the political power.

(BEGIN VIDEO CLIP)

POWELL: The president has always felt that the U.N. has a vital role to play and he has said that repeatedly. It is playing a vital role. That's what Sergio and his colleagues were doing. And so we are now just exploring language with our Security Council colleagues.

(END VIDEO CLIP)

OKWU: You heard the secretary talking about Sergio. That, of course, a reference to Sergio Vieira De Mello, the U.N.'s top man in Iraq, who died in the attack. Annan has told U.N. staffers he wants to make sure that the U.N. remains undaunted in doing its work and that U.N. staffers did not die in vain. U.S. officials say that -- says that Annan asked Powell in the morning meeting to make sure this is a resolution that is supported by all five permanent members of the Security Council.

(BEGIN VIDEO CLIP) KOFI ANNAN, U.N. SECRETARY-GENERAL: Yes, there were divisions last winter. There were divisions before the war. But we all realize that it is urgent to help bring peace to Iraq, bring peace to the region, and an Iraq that is destabilized and Iraq that is in chaos, it's not in the interest of the region or the world.

OKWU: Annan is scheduled to meet with British Foreign Secretary Jack Straw tomorrow -- Wolf.

BLITZER: Michael Okwu at the U.N. Thanks, Michael, very much.

He's known as Chemical Ali, a label which just begins to hint at his ruthless reputation. Today one of Saddam Hussein's most notorious and feared henchman is in U.S. custody.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): The Pentagon's top brass downplayed the capture.

DONALD RUMSFELD, DEFENSE SECRETARY: Today CENTCOM announced the capture of Chemical Ali, No. 5 on the most-wanted list.

GEN. JOHN ABIZAID, CENTCOM COMMANDER: I would say that Chemical Ali has been active in some ways in influencing people in and around him in a regional way and I think I would leave it at that.

BLITZER: Millions of Iraqis and Kuwaitis wouldn't leave it at that.

Ali Assan Al Majid got his nickname for allegedly ordering the 1988 poison gas attack, which killed thousands of Kurds in the Iraqi town of Halabja. Chemical Ali would go on to be entrusted by his cousin Saddam Hussein with other high-profile assignments.

He became the de facto governor of Kuwait when Iraq invaded its southern neighbor in August of 1990. During seven months of Iraqi occupation, numerous reports of murder, torture, rape, looting. Kuwaitis would never forget Chemical Ali.

MAHMOUD QABAZAD, FATHER OF VICTIM: He burned my heart. My heart burned.

BLITZER: Earlier this year, CNN's Richard Blystone interviewed a man named Mahmoud Kabazhar (ph), who claimed his son, Ahmed, was a leader of the Kuwaiti resistance during the 1990 occupation. Captured by the Iraqis, later, Kabazhar said Ahmed was returned to his family, having been tortured and shot dead right in front of them.

UNIDENTIFIED MALE: His face, I could see it now. But his body -- all his nail is out. All his body was like -- of course not with a cigarette, but I know with a -- there is a machine, you know, like a drill in his body.

BLITZER: Chemical Ali would later be put in charge of Saddam's forces in southern Iraq. He's linked to the 1991 suppression of the Shi'ite rebellion there. At the height of this year's war allied forces thought they'd killed Chemical Ali during an air strike in Basra. Later, U.S. officials indicated he might have survived. With his capture, many Iraqi would like to see him put on trial. The very sentiments of one Kuwaiti father back in April.

UNIDENTIFIED MALE: And then -- and giving him to me, and I know what to do with him. Put him and sit on his chest and get a knife and cut from his body and give him to eat. This is my idea to do with Al- Majid or Saddam Hussein.

(END VIDEOTAPE)

BLITZER: U.S. Officials tell me that Chemical Ali can now expect a lengthy, lengthy, in their words process of interrogations, something that's going to go on for weeks and months.

We're getting some new developments now in the Kobe Bryant case. Updating you from what we reported only moments ago.

Gary Tuchman is on the scene for us again in Eagle, Colorado.

What's the latest -- Gary.

TUCHMAN: We have the decision from the judge. The order is right here, and he has decided to release some of the court files, some of them will be unsealed. The judge has decided to unseal perhaps the most important court file, the one that media attorneys asked for, the actual arrest warrant, which will contain the prosecution's allegation against Kobe Bryant on that night of June 30. The judge saying "the arrest warrant and return recite the offenses for which the defendant was arrested, the amount of bail and the fact the defendant was arrested on July 4, and thus contain no information which would implicate defendant's fair trial rights and therefore should be immediately released. He also says other things will not be releases, including the search warrant, which includes medical test information and statements about the alleged sexual assault. He says that's too graphic and that could prejudice a trial against Kobe Bryant.

Now, we do tell you that it's immediately released. That's what it says here. However, the end of this order it says that the attorneys will get 10 days to appeal this decision. So there's a stay that's been issued, so we don't have the actual arrest warrant. Prosecutors and defense attorneys have both said they wanted everything to stay sealed. The judge now says he will unseal some of these papers, including the most important ones. But we won't have them in our hands for at least 10 days because the attorneys will get a chance to appeal.

Wolf, back to you.

BLITZER: Very interesting, Gary. Because if you were just listening in, Kimberly Guilfoyle Newsome, the assistant D.A. in San Francisco was on this program. And when you reported that before we knew what the judge was going to do, only that he'd made a decision, that he'd give the prosecution and the defense an opportunity to appeal, she immediately said, well, that suggests he is going to release at least some of those documents. So she was right on. It does come as a surprise of some sorts to me, given the fact that both the prosecution and the defense asked the judge not to release this information. He's overruling both sides saying the public has a more important right to know.

TUCHMAN: Not a more important right to know. The public has a first amendment right to know. And he's saying this won't destroy the chance for Kobe Bryant to get a fair trial. He told us it would be an easy decision. That must mean he's not releasing anything. Our interpretation was he would invoke a compromise, and this is what it is. He is saying the public can have the right to know and not damage the chances Of Kobe Bryant getting a fair trial. Therefore he released some information he thought was safe. The other information he thought could damage Kobe Bryant's chances of getting a fair trial he kept under seal.

BLITZER: I am assume both sides the prosecution and defense are only learning about this right now. That the judge didn't give them advanced warning. They have 10 days to go ahead and decide if they want to appeal the judge's decision. Going into this decision you have been talking to both sides.

Did they give you any indication they would go ahead and appeal?

TUCHMAN: We actually asked the district attorney's office yesterday if they would indeed appeal if a decision like this came down, and they told us no comment. Defense attorneys, we've attempted to call them and ask them and they haven't responded.

I would assume, Wolf, that we will get appeals from both of them.

BLITZER: Gary, stand by for a moment because Kimberly Guilfoyle Newsom, the assistant D.A. in San Francisco is rejoining us now on the phone from New York.

Kimberly, in case you missed what Gary reported since we spoke on the air, the judge has released the information. He's going to release at least partially some of those documents, although he's not going to release them right away. He is going to give both the prosecution and defense 10 days to go forward and appeal if they want to.

In this kind of a situation, they both didn't want him to release the search warrant, the other information. Now he's decided it is a good deal.

Do you think they will appeal?

GUILFOYLE-NEWSOM: Definitely think they'll appeal. They've made strong positions that in fact they don't want this information out. They've made strong statements on behalf of the defense and the prosecution, joining the defense argument that release of this information will be highly prejudicial, damaging to the defendant's right to a fair trial. This information should not come out. I think they'll scramble to appeal it. I think, the information will not be releases because it will be stayed pending appeal.

BLITZER: So it's not going to be released obviously for 10 days. But after that, then who decides if they appeal, they go to a higher level of the judicial system, I take it, in Colorado.

GUILFOYLE-NEWSOM: That is correct. And what they'll do is basically ask for a stay pending appeal. What that means is they'll ask the court to prevent the documents from being released beyond the 10-day period so that it does not come out in the public in the interim between the 10-day period and the date of the preliminary hearing October 9. So, what we can expect in this case is, one, an appeal from the prosecution and the defense, two that the media will probably appeal to get the rest of the information released, and three, that we will not hear or see any of this until after the preliminary hearing.

BLITZER: And that preliminary hearing when they show the evidence that they have is scheduled for October 9. This stay and this whole business over whether or not the judge is right in going forward, that shouldn't delay the start of that preliminary hearing, Kimberly, should it.

GUILFOYLE-NEWSOM: Excellent question. In fact, it may delay it, but it should not. I believe that the prelimn will still continue on October 9, unless you have the defense or the prosecution seeking to continue the case. I don't think that we'll see that. They've both said they can be ready to go on that date. I think they want to get this case on the go and I think it will proceed forward on October 9.

BLITZER: And one final question, Kimberly, before I let you go. If the judge holds and demands that he's going to release this information right now is there a potential for some sort of appeal, if Kobe Bryant is convicted, let's say, down the road, that this was so prejudicial to creating a jury pool that they may have an opportunity built in on this issue alone for a possible appeal of a verdict?

GUILFOYLE-NEWSOM: Absolutely, because the taint would begin now. This would be the beginning of the release of prejudicial information that would harm his right not only at the prelimn, but at the trial. It's an excellent point. Basically it's a great appellate issue for the defense in this case, even if Kobe Bryant is convicted down the road.

Kimberly Guilfoyle-Newsom, the assistant D.A. of San Francisco joining us. Helping us understand the whole issue.

I want to thank Gary Tuchman for breaking this news here on CNN as well. Stay with CNN throughout the night. We'll continue to cover this story and get much more information for you about it. Thanks very much to Gary Tuchman and Kimberly Guilfoyle Newsome.

Lets move on. California congressional Democrats are weighing in on the recall election with a difference of opinion.

Who is backing whom?

We'll go live to L.A.

Also, hanging on by a shrub for three days. How the man in the van was saved. All that still to come.

(COMMERCIAL BREAK)

BLITZER: California's congressional Democrats are weighing in on the recall election. There's some difference of opinion between the state's senior Senator and her counterparts in the house. Our national correspondent Bob Franken is, as usual, following all of these developments from L.A. He's joining us live -- Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Wolf, first of all, Governor Gray Davis asked that no Democrat run as an alternative to him in the recall and the Lieutenant-Governor Cruz Bustamante said, sorry governor, we're going to run.

Then the governor asked that fellow Democrats only fight the recall and not endorse another candidate. Today the 33 members of the congressional delegation in California, the Democrats held a conference call and then their leader came out to say, sorry, governor.

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI (D) CA, MINORITY LEADER: We strongly oppose the recall but if California voters make a different choice, then Lieutenant Governor Bustamante is the appropriate person to assume that office.

(END VIDEO CLIP)

FRANKEN: Now, that goes right in the face of Senator Dianne Feinstein who is considered about the most powerful Democrat in the state. As a matter of fact, she was at the L.A. Police Department with an event with Governor Gray Davis about assault weapons. She said that it is completely a mistake and she has no intention of following her fellow Democrats.

(BEGIN VIDEO CLIP)

SEN. DIANNE FEINSTEIN, (D) CALIFORNIA: I am not going to vote on the second part of the ballot. I am going to vote on the first part of the ballot, and my vote is going to be to vote no on the recall.

(END VIDEO CLIP)

FRANKEN: So the Democrats obviously have a problem with the Republicans who are opposing them in the recall. But as we're finding out, Wolf, the Democrats have a big problem with their fellow Democrats -- Wolf.

BLITZER: Bob Franken in L.A. for us, thanks, Bob, very much.

Taco Bell wants in on the recall action. The fast-food chain is launching what it calls the recall election Taco Bell. Through its Web site the company says it will count the sale of every beef crunchy taco as a valid vote for Arnold Schwarzenegger and every chicken soft taco as a vote for Governor Gray Davis. The grilled stuffed burrito will count for a vote for the other 134 candidates. The results will be released the day before their recall vote. Okay for Taco Bell.

For years he helped the CIA evade their enemies. Now this disguisemaker is applying his talent to help the disabled with a truly amazing result. His compelling, heartwrenching story when we come back.

(COMMERCIAL BREAK)

BLITZER: You are looking at pictures of a remarkable rescue in southern California's Angeles National Forest in suburban L.A. A motorist was trapped in his van for about three days after it plunged over the side of a mountain highway and hung on a cliff. The man was rescued only after he set fire to the brush.

When firefighters responded to the two-acre blaze, they discovered the van in the brush. The man was airlifted to Pasadena Hospital where officials say he was dehydrated but in good condition. That's good.

Now to another inspirational story. Children across the United States are going back to school. Some students just want to blend into the crowd. CNN's Kathleen Koch introduces us to a Virginia man who helps them do precisely that.

(BEGIN VIDEOTAPE)

ROBERT BARRON: Hold real still now.

KATHLEEN KOCH, CNN CORRESPONDENT (voice-over): It's August. And that means Bob Barron's Ashburn, Virginia, office is full of anxious children, eager to start the school year, for once, looking like everyone else.

BARRON: You doing okay?

UNIDENTIFIED MALE: Yes.

KOCH: Barry makes incredibly lifelike prosthetics, ears, eyes, noses, fingers, for people whose only choice used to be reconstructive surgery. Samantha Ponder, born with only one ear is having her first fitting.

SAMANTHA PONDER, PATIENT: I don't like people making fun of me about it. And that's why it's important to me. Because, I think, they can make fun of me for anything else, but if I have a prosthetic ear, they can't make fun of me for that.

KOCH: But it was masks like this in the movie "Mission: Impossible" that he used to specialize in.

So this is the kind of thing, though, that you would make for the CIA? BARRON: Yes.

KOCH: As an agent for 24 years he crafted disguises used by undercover operatives in hot spots around the world.

BARRON: You have to really pass close scrutiny by a foot, and a half in broad daylight, and you have to make sure that looks like skin.

KOCH: But come retirement, instead of heading to Tinseltown to make millions, he chose a different career track.

BARRON: When I saw these disfigured people, I said, Bob, if you can put people in hiding, you can bring people out of hiding.

KOCH: And he has, more than 1,000 over the last 10 years.

Really amazing. Every little wrinkle and blood vessel.

BARRON: And, if you'll look real close, fingerprints.

KOCH: Making a silicone ear can take a week. A full mask, three or four months.

BARRON: And each hair is laid in one by one. This is an elderly gentlemen. You can see the cancer marks in his ear.

KOCH: Though not permanent, Barron insists the prosthetic, like this false eye, are medically necessary.

BARRON: It restores symmetry, and it also keeps the mucus membranes from drying out.

Hold real still.

KOCH: The emotional benefits are even greater, say the parents of this 6-year-old getting a new ear.

CHARLES BROWN, FATHER: I think, for Thomas, it's going to be a matter of confidence and being able to deal with other people.

BARRON: What do you think?

KOCH: A former spy on a new mission.

BARRON: You're my pal, right?

UNIDENTIFIED MALE: Right.

BARRON: You're my pal?

KOCH: Kathleen Koch, CNN, Ashburn, Virginia.

(END VIDEOTAPE)

(COMMERCIAL BREAK) BLITZER: Here are the results of our unscientific poll, "LOU DOBBS TONIGHT" starts right now.

END

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blast in Iraq; No increase in U.S. troops in Iraq yet; Israel strikes back; Ismail Abu Shanab killed by Israeli retaliation; More shooting at a convenience store in West Virginia; Alabama Supreme Court votes to remove monument of Ten Commandments; Judge to announce decision on unsealing documents in Kobe Bryant case;>