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CNN Live Today
Predawn Missile Strike Kills Hamas' Founder; Opening Statements Under Way in Terry Nichols Trial
Aired March 22, 2004 - 10:00 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.
DARYN KAGAN, HOST: Good morning everyone from CNN headquarters in Atlanta. I'm Daryn Kagan. Let's get started with a check of the headlines at this hour.
In the Middle East, chaos and a call for revenge, that during the funeral procession for Sheikh Ahmed Yassin, the founder of Hamas. The spiritual leader was killed in an Israel missile strike in Gaza this morning. The Palestinian Authorities says it will take the matter to the United Nations, but Palestinian militants groups are vowing revenge. We'll go live to the scene just ahead.
A top U.S. military official is in Pakistan today for an update on the tense situation along the country's border. General John Abizaid arrived in Islamabad as tribal elders in the region tried to negotiate a truce between Pakistani troops and suspected militants. The elders have been talking with tribesmen accused of harboring wanted al Qaeda fighters.
In Iraq, a U.S. soldier and an Iraqi interpreter are dead after an improvised explosive advice went off yesterday. It happened in western Baghdad. Three other U.S. soldiers are injured. Earlier Sunday, a soldier was shot and killed in a non-combat incident.
And back here in the U.S., in a few hours, two members of Congress are planning what they call a major announcement regarding the federal Marriage Amendment. Senator Wayne Allard and Representative Marilyn Musgrave, both from Colorado, will hold a news conference on the matter of same sex marriage. We'll have more on that in a bit.
CNN LIVE TODAY begins right now.
In Gaza City, fires are burning while anger smolders. Tens of thousands of Palestinians are vowing revenge against Israel and its predawn missile strike that killed Hamas' founder Ahmed Yassin. Hamas leaders are vowing revenge. They say Israel has, quote, "opened the gates of hell."
Chris Burns filed this report just moments ago.
(BEGIN VIDEOTAPE)
CHRIS BURNS, CNN CORRESPONDENT (on camera): Israeli authorities have clamped down here at the Erez border crossing between Gaza and Israel, allowing just a handful of journalists in at this moment. Normally a place where thousands of Palestinians cross in and out to work inside Israel, the Israeli government is now very much on edge, expecting some kind of retaliation for the killing of Sheik Ahmed Yassin.
Tens of thousands, meanwhile, are protesting in the streets. And over my shoulder inside Gaza City, smoke rising in the sky from people lighting bonfires. Calls for revenge among Hamas, there is a call to shake Israel like an earthquake, calling this all-out war. The al Aqsa Martyr's Brigades, an offshoot of Yasser Arafat's Fatah movement, saying that it is war against what they call The Sons of Zion.
So very much high emotions among the Palestinians, who are outraged by how a 67-year-old quadriplegic, spiritual leader of Hamas could be killed in his wheelchair as he left a mosque. Israeli government, however, saying that this was very much a long time in coming. That Mr. Yassin was marked for death for quite a long time, and he had to die now because of so many suicide attacks that he was supporting.
Chris Burns, CNN, at Erez Crossing, Israel.
(END VIDEOTAPE)
KAGAN: We'll have more from Chris just ahead.
Israel offensive has drawn a strong reaction from the international community. The European Union condemns the strike saying it undermines the legal basis in the fight against terrorism. France and Britain were quick to condemn the attack. British Foreign Secretary Jack Straw says that every country has the right to defend itself, but Israel has stepped over the line.
(BEGIN VIDEO CLIP)
JACK STRAW, FOREIGN SECRETARY, U.K.: All of us understand Israel's need to defend itself and it is fully entitled do that against the terrorism, which affects it, within international law. But it is not entitled to go for this kind of unlawful killing. And we, therefore, condemn it. It is unacceptable. It is unjustified and it is very unlikely to achieve its objectives.
(END VIDEO CLIP)
KAGAN: Straw and other European Union foreign ministers are meeting in Brussels to discuss the fight against terrorism.
In the U.S., the Bush White House is firing back at a former insider in the administration's war on terror. Former counterism adviser, Richard Clarke has just released a book, it's called "Against All Enemies." And in it he said President Bush did too little too late to prevent the September 11 attacks and to make the country safer today.
Here's what Clarke had to say to CBS's "60 Minutes."
(BEGIN VIDEO CLIP) RICHARD CLARKE, FMR. COUNTER TERRORISM ADVISER: I find it outrageous that the president is running for re-election on the grounds that he's done such great things about terrorism. He ignored it. He ignored terrorism for months when maybe we could have done something to stop 9/11. Maybe. We'll never know.
(END VIDEO CLIP)
KAGAN: Earlier today on CNN "AMERICAN MORNING," National Security Adviser Condoleezza Rice dismissed Clarke's claims.
(BEGIN VIDEO CLIP)
CONDOLEEZZA RICE, NATIONAL SECURITY ADVISOR: This wasn't an issue of who knew about al Qaeda. This was an issue about what were we going to do about al Qaeda. And it was Dick Clarke's job to develop for this president a broad, comprehensive strategy for dealing with the al Qaeda threat. And he eventually did that and I think did a very good job. But this retrospective rewriting of the history of the first several months of the administration is not helpful.
(END VIDEO CLIP)
KAGAN: Clarke is scheduled to testify Wednesday before the September 11 Commission on Capitol Hill.
We have a new development to report from the site of last week's fierce fighting along the boarder with Pakistan. The battle gained attention amid intelligence reports that a top al Qaeda leader may be pinned down. Well today, Pakistani troops discovered a series of tunnels that could have provided an escape.
Our senior international correspondent Nic Robertson is in Islamabad with more on that -- Nic.
NIC ROBERTSON, CNN SENIOR INT'L CORRESPONDENT: Indeed Daryn, Pakistani officials say they cannot rule out the possibility that people may have escaped down those tunnels, taking them out of compounds that were being surrounded by Pakistani troops. There was an attack early this morning against the Pakistani military outpost in the area. But the day has been mostly quiet. We understand as Pakistani officials, through tribal leaders, are trying to negotiate with the al Qaeda members and the tribe's people supporting them there, negotiate a surrender.
They're also using this time to analyze their dead and captured.
(BEGIN VIDETAPE)
ROBERTSON (voice-over): Suspected al Qaeda fighters killed by Pakistani troops removed from the battlefront. And according to local intelligence sources, to be DNA tested by U.S. officials. Over the weekend, Pakistan's military lowering expectations al Qaeda's No. 2 Ayman al Zawahari has been captured or killed.
GEN. SHAUKAT SULTAN KHAN, SPOKESMAN, PAKISTAN ARMY: Nobody can be confident. It can't be said with certainity who is here and not here.
ROBERTSON: Also over the weekend, Pakistani artillery idled allowing negotiations aimed at an al Qaeda surrender. Several thousand troops still on standby, and many more, according to the army, maintaining a cordon around suspected compounds. Although by their own account, a difficult job.
LT. GEN. SAFDAR HUSSEIN, PAKISTAN ARMY: Not knowing whether the locals, they are with us or with them. It's very difficult to identify them. And when an undefined enemy is there, it's technically chasing the shadows.
ROBERTSON: Local newspapers have reported civilian casualties. The military played them down and few here expect that to stop the operation.
Questions here, however, are being raised. Why did Pakistan's President General Musharraf hint so strongly in an interview with CNN about a high valued target?
ZIA UDDIN, EDITOR, "DAWN" NEWSPAPER: Perhaps he wanted to divert attention to the international media from the real subjects, which were being discussed between him and Secretary Powell, which was non- proliferation.
(END VIDEOTAPE)
ROBERTSON: Whatever the reasons, a swift capture of Usama bin Laden's deputy is beginning to seem at this time, Daryn, a less and less likely.
KAGAN: Meanwhile, Nic, can you tell us more about the arrival of General John Abizaid, the head of U.S. Central Command in Islamabad today? The significance of that arrival?
ROBERTSON: We are told, Daryn, that this is a routine visit. That it had been scheduled for last week. We were told that it didn't happen last week because of Secretary Powell's visit. And the meetings are meetings that have been scheduled for some time. So although it's very likely, he will obviously get an update on the events that are happening in Waziristan, this standoff and negotiations with al Qaeda elements. We are told officially that it is a routine visit -- Daryn.
KAGAN: Nic Robertson reporting from Pakistan, thank you for that.
Across the border in Afghanistan, U.S. and Afghan troops are pressing their hunt; it's called Operation Mountain Storm. And it was launched just over two weeks ago, trying to flush out Taliban and al Qaeda militants, who may be hiding in the rugged, inaccessible areas. The two soldiers were among the dozen people killed in a two-day battle. U.S. military says it has found a large cache of weapons including rockets, mines and machine guns.
Let's focus on some news back here in the states. Opening statements are under way this hour for Oklahoma City bombing conspirator, Terry Nichols. A federal court has already found him guilty, but the state trial could send him to death row.
Our national correspondent Susan Candiotti lays out the case.
(BEGIN VIDEOTAPE)
SUSAN CANIDOTTI, CNN NATIONAL CORRESPONDENT (voice-over): Terry Nichols is brought to and from the courthouse wearing what appears to be a bulletproof vest for his own safety, while state prosecutors are trying to have him put to death for the Oklahoma City bombing nine years ago.
ANN OWENS, RESTAURANT PATRON: I remember watching the news after it had happened and I just thought to myself, this is horrible.
CANDIOTTI: In federal court, bomber Timothy McVeigh was convicted and executed. His buddy, Terry Nichols was sentenced to life. Now the state of Oklahoma is putting Nichols on trial, seeking the death penalty.
SARA MCEWEN, RESTAURANT PATRON: It's fair because we deserve, as Oklahomans, to say how we feel because it was done in our state.
UNIDENTIFIED FEMALE: I think it's a waste of money because he's already got the three lifetimes and state really can't afford it.
CANDIOTTI: The strongest evidence against Nichols was found in his Kansas home; 60 feet of detonator cord, plastic barrels said to resemble those used in the attack. The defense says others still uncaught must have helped McVeigh; Nichols must have been a fall guy. Nichols' trial is taking place in McAllister, home to the Oklahoma State Penitentiary, and the state's death row.
But even victims' families realize that what most want may not come soon.
ROY SELLS, VICTIM'S HUSBAND: I doubt -- I'm 70 and I doubt very seriously whether if he gets the death sentence, will I ever get to see him die.
CANDIOTTI (on camera): Terry Nichols looks solemn and said nothing as he entered the courthouse this morning. The trial could last four to six months.
Susan Candiotti, CNN, McAllister, Oklahoma.
(END VIDEOTAPE)
KAGAN: And from the rubble of that 1995 bombing, a reminder that life moves on. Today the local HUD office, which lost 35 employees in the attack, moves into the new federal building. This is the only agency that was housed in that building that has survivors from the Oklahoma City blast. Securing America's ports; a new effort to keep illegal nuclear material out? We'll take you live to one U.S. port; show you what they're doing.
And identifying yourself to the police. Do you have the right to remain silent?
And later, Keith Carradine is Wild Bill Hickock and "Deadwood" may never be the same. There's a new series on HBO, he's along with us live to talk about that.
(COMMERCIAL BREAK)
KAGAN: You have seen it on countless cop shows. A police officer makes an arrest and tells the suspect he has a right to remain silent. But do you have the same right when an officer asks you your name, especially in post 9/11 America? It's a question that goes before the Supreme Court today. Our Elaine Quijano examines the issue and what it means to you.
(BEGIN VIDEOTAPE)
ELAINE QUIJANO, CNN CORRESPONDENT (voice-over): Cowboy Larry Dudley Hiibel was standing outside his pickup truck parked along a Nevada road. His 17-year-old daughter inside when a sheriff's deputy, investigating a call about a domestic disturbance, started asking questions. As shown in captioning provided by Hiibel's supporters, 11 times the deputy told Hiibel, to produce I.D.; each time the rancher refused.
LARRY DUDLEY HIIBEL, RANCHER: Go ahead and -- and cuff me.
UNIDENTIFIED MALE: Let me see your identification.
HIIBEL: I'm being -- I'm being cooperative with you.
UNIDENTIFIED MALE: Let me see some I.D.
QUIJANO: The encounter ended with Hiibell handcuffed, taken to jail, and fined $250 for causing a delay to a peace officer. Prosecutors eventually dropped domestic violence charges against him.
DAVID ALLISON, DISTRICT ATTORNEY, HUMBOLDT COUNTY, NV.: This is a small intrusion upon an individual's rights, balanced against the need of the state to know who is doing what.
HARRIET CUMMINGS, HIIBEL'S ATTORNEY: We believe that it runs contrary to core American values to make it a crime for someone not to identify themselves.
QUIJANO: Hiibel's case is one of six search and seizure cases before the Supreme Court this term. Already the High Court has sided with police on two of those cases. Now, with civil liberties taking the spotlight in this post 9/11 world, experts say what happens with Hiibell's case could have far reaching complications. EDWARD LAZARUS, FMR. SUPREME COURT CLERK: We have this idealistic notion in this country that we can live in a kind of splendid anonymity, we can walk around and be left alone. And this question really raises in the post 9/11 era the issue of whether that's really true any more.
HIIBEL: This case isn't just about me. This is about all Americans. What happened on Grass Valley Road I think is alien to all Americans. I think we've enjoyed our freedoms and I don't think most Americans want them trampled on.
QUIJANO: A delicate balance the High Court must strike between an individual's rights and public safety.
Elaine Quijano, CNN, Washington.
(END VIDEOTAPE)
KAGAN: Meanwhile in California, Scott Peterson is due back in court this morning. The Modesto man is accused of murdering his wife and their unborn son, is seeking another change of venue. Peterson's attorney says publicity has made it impossible to find an impartial jury in Redwood City. That's the setting after the Peterson camp won an earlier change of venue from Modesto, the hometown of his slain wife Laci.
There's a court hearing this morning in the sexual harassment lawsuit filed against Arnold Schwarzenegger. This one is in Los Angeles. A woman who worked as a body double in two of his films say that the film star, who is now California governor, groped her and made unwanted sexual advances. Today's proceedings, we'll provide a progress report on the case.
And in New York City, jurors return to deliberations in the trial of two former Tyco executives accused of plundering some $600 million from the company. Friday marked the first full day of deliberations. Former Tyco CEO Dennis Koslowski and former CFO Mark Schwartz could face each up to 30 years in prison.
Hundreds of ships dock in U.S. ports every day. Now the U.S. has a new weapon to help stop illegal radioactive material from reaching shore. We'll have a live report from the Port of Newark.
And how are you going to pay for your kid's college tuition? Gerri Willis might have some tips for you -- Gerr.
GERRI WILLIS, CNNFN PERSONAL FINANCE EDITOR: Hey, Daryn. You know, broker dealers under investigation again and guess what? This time it could affect you. They're investigating how 529 plans are sold to big college savings vehicle. We'll tell you more when CNN LIVE TODAY returns.
(COMMERCIAL BREAK)
KAGAN: With the higher cost of higher education, families with young children are turning to what's called 529 Plans. It's a college savings program offered in a lot of states. But there's a possible scandal that could affect your investment.
To help you avoid trouble, of course, we have our personal finance correspondent Gerri Willis to help us on this Monday.
Gerr, good morning.
WILLIS: Hey, Daryn. Good to see you. You know, first off, you have to understand the basics about these 529 Plans. These are one of the best programs for college savings available right now. And they are complicated, even the regulators say they're complicated. But basically you can save money for college, allow that money to build up tax-free. And then even when you take the money out, take a distribution as it's called, that's tax-free, too. So understand that these are complicated but they're worthwhile looking into.
KAGAN: All right. Now, No. 1 -- or No. 2 to the folks out there, don't stop saving.
WILLIS: Right. Exactly. I think some of the news coming out of the last few weeks about investigations into the 529 Plans may have people thinking, Oh, I don't want to invest in that. But you really should think about it. Here's why. There are relatively few limits on how much money you can set aside. Up to $230,000 in some of these plans. Whereas other savings plans like the Coverdale, you can only set aside about $2,000 a year. Once more, you own this money as the parent. Which is always good news if you're trying to decide how to use that money. So lots of good things about these plans, 529, for parents.
KAGAN: You mean if you don't like where Johnny is going to school, or chooses to go to school, you can yank the funds.
WILLIS: And if they decided not to go to school you can yank the funds.
KAGAN: Ah! Even better.
WILLIS: Even more importantly.
KAGAN: OK. That's one thing you need to be aware of. You also need to beware of the broker that you select.
WILLIS: Right. This is what the investigation that was just announced last week is all about. Some of these brokers are putting their clients into 529 plans that they get a sales commission for. OK? These are offered by states, educational institutions and some pay a sales commission to the broker. and the broker's saying, let's go to that plan because I'm getting the sales commission. And in effect, some people are missing out on tax deductions because they're not using their own state's plan.
You can find out if you're missing out on a great tax deduction by going to savingforcollege.com. Keep an eye to on the commission you're paying directly to your broker. It could be up to 5.75 percent. If you don't like that, you can roll it into your own 529, pay nothing at all for a broker. So keep that in your mind. KAGAN: That sounds like a good tip right there. And don't forget to look at your current investment.
WILLIS: Yes. These 529s essentially invest in mutual funds. And so you want to check out the funds themselves for fees, for example. Make sure that the fees you're paying are less than 1 percent, 1 percent or less. That's critical. Look at the fund performance; compare it with other funds in the same category. Make sure they're decent funds to begin with. And keep in mind there are also program fees that are levied. You'd want to look at those, too.
Again, savingforcollege.com let's you compare these across states. You can really get some great information and explainers on 529s.
KAGAN: And just like any kind of investment you want to remember to diversify.
WILLIS: And what I mean by that is you might want more than just a 529 plan if you're investing for your child's college savings. You might want to think about the Coverdale. And here's why, Daryn. They keep changing the rules on these things. So you might want to just cover yourself by having more than one option. Give yourself a little flexibility down the road and what's more, little more money.
KAGAN: Always sounds like a good thing. Gerri Willis, Gerri thanks for your tips today. Appreciate it.
WILLIS: You're welcome.
KAGAN: The president and September 11. The all out offensive to counter accusations from a former adviser, that Mr. Bush did not do enough to stop 9/11. A live report from the White House is straight ahead.
And the Wild West meets the "Sopranos?" At least that's how one critic describes the HBO's new series, it's called "Deadwood." Keith Carradine, he's the star of the show and he'll be with us to talk about what does he think about the show and comparing it to the "Sopranos."
(COMMERCIAL BREAK)
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Statements Under Way in Terry Nichols Trial>
Aired March 22, 2004 - 10:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, HOST: Good morning everyone from CNN headquarters in Atlanta. I'm Daryn Kagan. Let's get started with a check of the headlines at this hour.
In the Middle East, chaos and a call for revenge, that during the funeral procession for Sheikh Ahmed Yassin, the founder of Hamas. The spiritual leader was killed in an Israel missile strike in Gaza this morning. The Palestinian Authorities says it will take the matter to the United Nations, but Palestinian militants groups are vowing revenge. We'll go live to the scene just ahead.
A top U.S. military official is in Pakistan today for an update on the tense situation along the country's border. General John Abizaid arrived in Islamabad as tribal elders in the region tried to negotiate a truce between Pakistani troops and suspected militants. The elders have been talking with tribesmen accused of harboring wanted al Qaeda fighters.
In Iraq, a U.S. soldier and an Iraqi interpreter are dead after an improvised explosive advice went off yesterday. It happened in western Baghdad. Three other U.S. soldiers are injured. Earlier Sunday, a soldier was shot and killed in a non-combat incident.
And back here in the U.S., in a few hours, two members of Congress are planning what they call a major announcement regarding the federal Marriage Amendment. Senator Wayne Allard and Representative Marilyn Musgrave, both from Colorado, will hold a news conference on the matter of same sex marriage. We'll have more on that in a bit.
CNN LIVE TODAY begins right now.
In Gaza City, fires are burning while anger smolders. Tens of thousands of Palestinians are vowing revenge against Israel and its predawn missile strike that killed Hamas' founder Ahmed Yassin. Hamas leaders are vowing revenge. They say Israel has, quote, "opened the gates of hell."
Chris Burns filed this report just moments ago.
(BEGIN VIDEOTAPE)
CHRIS BURNS, CNN CORRESPONDENT (on camera): Israeli authorities have clamped down here at the Erez border crossing between Gaza and Israel, allowing just a handful of journalists in at this moment. Normally a place where thousands of Palestinians cross in and out to work inside Israel, the Israeli government is now very much on edge, expecting some kind of retaliation for the killing of Sheik Ahmed Yassin.
Tens of thousands, meanwhile, are protesting in the streets. And over my shoulder inside Gaza City, smoke rising in the sky from people lighting bonfires. Calls for revenge among Hamas, there is a call to shake Israel like an earthquake, calling this all-out war. The al Aqsa Martyr's Brigades, an offshoot of Yasser Arafat's Fatah movement, saying that it is war against what they call The Sons of Zion.
So very much high emotions among the Palestinians, who are outraged by how a 67-year-old quadriplegic, spiritual leader of Hamas could be killed in his wheelchair as he left a mosque. Israeli government, however, saying that this was very much a long time in coming. That Mr. Yassin was marked for death for quite a long time, and he had to die now because of so many suicide attacks that he was supporting.
Chris Burns, CNN, at Erez Crossing, Israel.
(END VIDEOTAPE)
KAGAN: We'll have more from Chris just ahead.
Israel offensive has drawn a strong reaction from the international community. The European Union condemns the strike saying it undermines the legal basis in the fight against terrorism. France and Britain were quick to condemn the attack. British Foreign Secretary Jack Straw says that every country has the right to defend itself, but Israel has stepped over the line.
(BEGIN VIDEO CLIP)
JACK STRAW, FOREIGN SECRETARY, U.K.: All of us understand Israel's need to defend itself and it is fully entitled do that against the terrorism, which affects it, within international law. But it is not entitled to go for this kind of unlawful killing. And we, therefore, condemn it. It is unacceptable. It is unjustified and it is very unlikely to achieve its objectives.
(END VIDEO CLIP)
KAGAN: Straw and other European Union foreign ministers are meeting in Brussels to discuss the fight against terrorism.
In the U.S., the Bush White House is firing back at a former insider in the administration's war on terror. Former counterism adviser, Richard Clarke has just released a book, it's called "Against All Enemies." And in it he said President Bush did too little too late to prevent the September 11 attacks and to make the country safer today.
Here's what Clarke had to say to CBS's "60 Minutes."
(BEGIN VIDEO CLIP) RICHARD CLARKE, FMR. COUNTER TERRORISM ADVISER: I find it outrageous that the president is running for re-election on the grounds that he's done such great things about terrorism. He ignored it. He ignored terrorism for months when maybe we could have done something to stop 9/11. Maybe. We'll never know.
(END VIDEO CLIP)
KAGAN: Earlier today on CNN "AMERICAN MORNING," National Security Adviser Condoleezza Rice dismissed Clarke's claims.
(BEGIN VIDEO CLIP)
CONDOLEEZZA RICE, NATIONAL SECURITY ADVISOR: This wasn't an issue of who knew about al Qaeda. This was an issue about what were we going to do about al Qaeda. And it was Dick Clarke's job to develop for this president a broad, comprehensive strategy for dealing with the al Qaeda threat. And he eventually did that and I think did a very good job. But this retrospective rewriting of the history of the first several months of the administration is not helpful.
(END VIDEO CLIP)
KAGAN: Clarke is scheduled to testify Wednesday before the September 11 Commission on Capitol Hill.
We have a new development to report from the site of last week's fierce fighting along the boarder with Pakistan. The battle gained attention amid intelligence reports that a top al Qaeda leader may be pinned down. Well today, Pakistani troops discovered a series of tunnels that could have provided an escape.
Our senior international correspondent Nic Robertson is in Islamabad with more on that -- Nic.
NIC ROBERTSON, CNN SENIOR INT'L CORRESPONDENT: Indeed Daryn, Pakistani officials say they cannot rule out the possibility that people may have escaped down those tunnels, taking them out of compounds that were being surrounded by Pakistani troops. There was an attack early this morning against the Pakistani military outpost in the area. But the day has been mostly quiet. We understand as Pakistani officials, through tribal leaders, are trying to negotiate with the al Qaeda members and the tribe's people supporting them there, negotiate a surrender.
They're also using this time to analyze their dead and captured.
(BEGIN VIDETAPE)
ROBERTSON (voice-over): Suspected al Qaeda fighters killed by Pakistani troops removed from the battlefront. And according to local intelligence sources, to be DNA tested by U.S. officials. Over the weekend, Pakistan's military lowering expectations al Qaeda's No. 2 Ayman al Zawahari has been captured or killed.
GEN. SHAUKAT SULTAN KHAN, SPOKESMAN, PAKISTAN ARMY: Nobody can be confident. It can't be said with certainity who is here and not here.
ROBERTSON: Also over the weekend, Pakistani artillery idled allowing negotiations aimed at an al Qaeda surrender. Several thousand troops still on standby, and many more, according to the army, maintaining a cordon around suspected compounds. Although by their own account, a difficult job.
LT. GEN. SAFDAR HUSSEIN, PAKISTAN ARMY: Not knowing whether the locals, they are with us or with them. It's very difficult to identify them. And when an undefined enemy is there, it's technically chasing the shadows.
ROBERTSON: Local newspapers have reported civilian casualties. The military played them down and few here expect that to stop the operation.
Questions here, however, are being raised. Why did Pakistan's President General Musharraf hint so strongly in an interview with CNN about a high valued target?
ZIA UDDIN, EDITOR, "DAWN" NEWSPAPER: Perhaps he wanted to divert attention to the international media from the real subjects, which were being discussed between him and Secretary Powell, which was non- proliferation.
(END VIDEOTAPE)
ROBERTSON: Whatever the reasons, a swift capture of Usama bin Laden's deputy is beginning to seem at this time, Daryn, a less and less likely.
KAGAN: Meanwhile, Nic, can you tell us more about the arrival of General John Abizaid, the head of U.S. Central Command in Islamabad today? The significance of that arrival?
ROBERTSON: We are told, Daryn, that this is a routine visit. That it had been scheduled for last week. We were told that it didn't happen last week because of Secretary Powell's visit. And the meetings are meetings that have been scheduled for some time. So although it's very likely, he will obviously get an update on the events that are happening in Waziristan, this standoff and negotiations with al Qaeda elements. We are told officially that it is a routine visit -- Daryn.
KAGAN: Nic Robertson reporting from Pakistan, thank you for that.
Across the border in Afghanistan, U.S. and Afghan troops are pressing their hunt; it's called Operation Mountain Storm. And it was launched just over two weeks ago, trying to flush out Taliban and al Qaeda militants, who may be hiding in the rugged, inaccessible areas. The two soldiers were among the dozen people killed in a two-day battle. U.S. military says it has found a large cache of weapons including rockets, mines and machine guns.
Let's focus on some news back here in the states. Opening statements are under way this hour for Oklahoma City bombing conspirator, Terry Nichols. A federal court has already found him guilty, but the state trial could send him to death row.
Our national correspondent Susan Candiotti lays out the case.
(BEGIN VIDEOTAPE)
SUSAN CANIDOTTI, CNN NATIONAL CORRESPONDENT (voice-over): Terry Nichols is brought to and from the courthouse wearing what appears to be a bulletproof vest for his own safety, while state prosecutors are trying to have him put to death for the Oklahoma City bombing nine years ago.
ANN OWENS, RESTAURANT PATRON: I remember watching the news after it had happened and I just thought to myself, this is horrible.
CANDIOTTI: In federal court, bomber Timothy McVeigh was convicted and executed. His buddy, Terry Nichols was sentenced to life. Now the state of Oklahoma is putting Nichols on trial, seeking the death penalty.
SARA MCEWEN, RESTAURANT PATRON: It's fair because we deserve, as Oklahomans, to say how we feel because it was done in our state.
UNIDENTIFIED FEMALE: I think it's a waste of money because he's already got the three lifetimes and state really can't afford it.
CANDIOTTI: The strongest evidence against Nichols was found in his Kansas home; 60 feet of detonator cord, plastic barrels said to resemble those used in the attack. The defense says others still uncaught must have helped McVeigh; Nichols must have been a fall guy. Nichols' trial is taking place in McAllister, home to the Oklahoma State Penitentiary, and the state's death row.
But even victims' families realize that what most want may not come soon.
ROY SELLS, VICTIM'S HUSBAND: I doubt -- I'm 70 and I doubt very seriously whether if he gets the death sentence, will I ever get to see him die.
CANDIOTTI (on camera): Terry Nichols looks solemn and said nothing as he entered the courthouse this morning. The trial could last four to six months.
Susan Candiotti, CNN, McAllister, Oklahoma.
(END VIDEOTAPE)
KAGAN: And from the rubble of that 1995 bombing, a reminder that life moves on. Today the local HUD office, which lost 35 employees in the attack, moves into the new federal building. This is the only agency that was housed in that building that has survivors from the Oklahoma City blast. Securing America's ports; a new effort to keep illegal nuclear material out? We'll take you live to one U.S. port; show you what they're doing.
And identifying yourself to the police. Do you have the right to remain silent?
And later, Keith Carradine is Wild Bill Hickock and "Deadwood" may never be the same. There's a new series on HBO, he's along with us live to talk about that.
(COMMERCIAL BREAK)
KAGAN: You have seen it on countless cop shows. A police officer makes an arrest and tells the suspect he has a right to remain silent. But do you have the same right when an officer asks you your name, especially in post 9/11 America? It's a question that goes before the Supreme Court today. Our Elaine Quijano examines the issue and what it means to you.
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ELAINE QUIJANO, CNN CORRESPONDENT (voice-over): Cowboy Larry Dudley Hiibel was standing outside his pickup truck parked along a Nevada road. His 17-year-old daughter inside when a sheriff's deputy, investigating a call about a domestic disturbance, started asking questions. As shown in captioning provided by Hiibel's supporters, 11 times the deputy told Hiibel, to produce I.D.; each time the rancher refused.
LARRY DUDLEY HIIBEL, RANCHER: Go ahead and -- and cuff me.
UNIDENTIFIED MALE: Let me see your identification.
HIIBEL: I'm being -- I'm being cooperative with you.
UNIDENTIFIED MALE: Let me see some I.D.
QUIJANO: The encounter ended with Hiibell handcuffed, taken to jail, and fined $250 for causing a delay to a peace officer. Prosecutors eventually dropped domestic violence charges against him.
DAVID ALLISON, DISTRICT ATTORNEY, HUMBOLDT COUNTY, NV.: This is a small intrusion upon an individual's rights, balanced against the need of the state to know who is doing what.
HARRIET CUMMINGS, HIIBEL'S ATTORNEY: We believe that it runs contrary to core American values to make it a crime for someone not to identify themselves.
QUIJANO: Hiibel's case is one of six search and seizure cases before the Supreme Court this term. Already the High Court has sided with police on two of those cases. Now, with civil liberties taking the spotlight in this post 9/11 world, experts say what happens with Hiibell's case could have far reaching complications. EDWARD LAZARUS, FMR. SUPREME COURT CLERK: We have this idealistic notion in this country that we can live in a kind of splendid anonymity, we can walk around and be left alone. And this question really raises in the post 9/11 era the issue of whether that's really true any more.
HIIBEL: This case isn't just about me. This is about all Americans. What happened on Grass Valley Road I think is alien to all Americans. I think we've enjoyed our freedoms and I don't think most Americans want them trampled on.
QUIJANO: A delicate balance the High Court must strike between an individual's rights and public safety.
Elaine Quijano, CNN, Washington.
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KAGAN: Meanwhile in California, Scott Peterson is due back in court this morning. The Modesto man is accused of murdering his wife and their unborn son, is seeking another change of venue. Peterson's attorney says publicity has made it impossible to find an impartial jury in Redwood City. That's the setting after the Peterson camp won an earlier change of venue from Modesto, the hometown of his slain wife Laci.
There's a court hearing this morning in the sexual harassment lawsuit filed against Arnold Schwarzenegger. This one is in Los Angeles. A woman who worked as a body double in two of his films say that the film star, who is now California governor, groped her and made unwanted sexual advances. Today's proceedings, we'll provide a progress report on the case.
And in New York City, jurors return to deliberations in the trial of two former Tyco executives accused of plundering some $600 million from the company. Friday marked the first full day of deliberations. Former Tyco CEO Dennis Koslowski and former CFO Mark Schwartz could face each up to 30 years in prison.
Hundreds of ships dock in U.S. ports every day. Now the U.S. has a new weapon to help stop illegal radioactive material from reaching shore. We'll have a live report from the Port of Newark.
And how are you going to pay for your kid's college tuition? Gerri Willis might have some tips for you -- Gerr.
GERRI WILLIS, CNNFN PERSONAL FINANCE EDITOR: Hey, Daryn. You know, broker dealers under investigation again and guess what? This time it could affect you. They're investigating how 529 plans are sold to big college savings vehicle. We'll tell you more when CNN LIVE TODAY returns.
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KAGAN: With the higher cost of higher education, families with young children are turning to what's called 529 Plans. It's a college savings program offered in a lot of states. But there's a possible scandal that could affect your investment.
To help you avoid trouble, of course, we have our personal finance correspondent Gerri Willis to help us on this Monday.
Gerr, good morning.
WILLIS: Hey, Daryn. Good to see you. You know, first off, you have to understand the basics about these 529 Plans. These are one of the best programs for college savings available right now. And they are complicated, even the regulators say they're complicated. But basically you can save money for college, allow that money to build up tax-free. And then even when you take the money out, take a distribution as it's called, that's tax-free, too. So understand that these are complicated but they're worthwhile looking into.
KAGAN: All right. Now, No. 1 -- or No. 2 to the folks out there, don't stop saving.
WILLIS: Right. Exactly. I think some of the news coming out of the last few weeks about investigations into the 529 Plans may have people thinking, Oh, I don't want to invest in that. But you really should think about it. Here's why. There are relatively few limits on how much money you can set aside. Up to $230,000 in some of these plans. Whereas other savings plans like the Coverdale, you can only set aside about $2,000 a year. Once more, you own this money as the parent. Which is always good news if you're trying to decide how to use that money. So lots of good things about these plans, 529, for parents.
KAGAN: You mean if you don't like where Johnny is going to school, or chooses to go to school, you can yank the funds.
WILLIS: And if they decided not to go to school you can yank the funds.
KAGAN: Ah! Even better.
WILLIS: Even more importantly.
KAGAN: OK. That's one thing you need to be aware of. You also need to beware of the broker that you select.
WILLIS: Right. This is what the investigation that was just announced last week is all about. Some of these brokers are putting their clients into 529 plans that they get a sales commission for. OK? These are offered by states, educational institutions and some pay a sales commission to the broker. and the broker's saying, let's go to that plan because I'm getting the sales commission. And in effect, some people are missing out on tax deductions because they're not using their own state's plan.
You can find out if you're missing out on a great tax deduction by going to savingforcollege.com. Keep an eye to on the commission you're paying directly to your broker. It could be up to 5.75 percent. If you don't like that, you can roll it into your own 529, pay nothing at all for a broker. So keep that in your mind. KAGAN: That sounds like a good tip right there. And don't forget to look at your current investment.
WILLIS: Yes. These 529s essentially invest in mutual funds. And so you want to check out the funds themselves for fees, for example. Make sure that the fees you're paying are less than 1 percent, 1 percent or less. That's critical. Look at the fund performance; compare it with other funds in the same category. Make sure they're decent funds to begin with. And keep in mind there are also program fees that are levied. You'd want to look at those, too.
Again, savingforcollege.com let's you compare these across states. You can really get some great information and explainers on 529s.
KAGAN: And just like any kind of investment you want to remember to diversify.
WILLIS: And what I mean by that is you might want more than just a 529 plan if you're investing for your child's college savings. You might want to think about the Coverdale. And here's why, Daryn. They keep changing the rules on these things. So you might want to just cover yourself by having more than one option. Give yourself a little flexibility down the road and what's more, little more money.
KAGAN: Always sounds like a good thing. Gerri Willis, Gerri thanks for your tips today. Appreciate it.
WILLIS: You're welcome.
KAGAN: The president and September 11. The all out offensive to counter accusations from a former adviser, that Mr. Bush did not do enough to stop 9/11. A live report from the White House is straight ahead.
And the Wild West meets the "Sopranos?" At least that's how one critic describes the HBO's new series, it's called "Deadwood." Keith Carradine, he's the star of the show and he'll be with us to talk about what does he think about the show and comparing it to the "Sopranos."
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