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CNN Live At Daybreak

Crisis in the Middle East; 9/11 Commission; Kerry Surveillance; OKC Bombing Trial

Aired March 23, 2004 - 05:30   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.


CAROL COSTELLO, CNN ANCHOR: Good morning to you. Welcome to the second half hour of DAYBREAK. It is Tuesday, March 23. From the CNN Global Headquarters in Atlanta, I'm Carol Costello. Let me bring you up to date.
The independent commission investigating the events of 9/11 will hold public hearings today. Among those scheduled to testify are Defense Secretary Donald Rumsfeld and Clinton administration Defense Secretary William Cohen.

FBI documents show that the agency kept John Kerry under constant surveillance in the early 1970s after he became an outspoken opponent of the war in Vietnam.

Israel's assassination of Hamas leader Sheikh Ahmed Yassin has sparked the condemnation of the U.N. and many of its member nations. Even so, Israel says it will not change its policy of targeting Hamas leaders for assassination.

A Spanish court has charged four more people in connection with the terrorist train attacks that killed 202 people. So far, nine people have been charged in those attacks.

We update our 'Top Stories' every 15 minutes. The next update comes your way at 5:45 Eastern.

Israel's assassination of the founder and spiritual leader of Hamas could be just the beginning. An Israeli security official now says Israel is targeting the entire leadership of Hamas. Israel and the United States consider the group a terrorist organization.

Let's head live to Jerusalem and Paula Hancocks for more.

Hello -- Paula.

PAULA HANCOCKS, CNN CORRESPONDENT: Hello, Carol.

Well it is the day two of the three-day mourning period that Yasser Arafat, the Palestinian Authority president, called for the death of Sheikh Ahmed Yassin. And the word on the Israeli streets at the moment is security. Security is on high alert. The highest alert it could be in Jerusalem and in other Israeli cities. People are worried about what Hamas said, about the fact that they vowed revenge for the assassination of Sheikh Ahmed Yassin.

And that alert and that nervousness is something that is focused on very much in the morning papers, some of the Israeli papers we have here. The title next to the picture of Sheikh Yassin is the end of the terror king, alert. And then in another one of the Israeli papers we also have the title of assassination, alert. Very much a focus for these Israeli papers this morning.

We also have a centerfold here showing Ahmed -- Sheikh Ahmed Yassin and also a list there of the suicide bomb attacks that he carried out against the Israelis and the line that very many of the Israeli officials are using, the Palestinian bin Laden.

Now the Palestinian newspapers a very different tone. More moderate, smaller pictures and also on some of the front of these we have some condolences, a list of condolences just on the other side there, people's opinions and thoughts.

And then al-Kudsa (ph), Israel's -- Israel assassinates Sheikh Ahmed Yassin, very simple, very restrained. So a little bit different to some of the Israeli newspapers.

But one Israeli newspaper came out with a very interesting poll which showed that 60 percent of people that they polled of Israelis said that they agreed with Ariel Sharon's move to assassinate Sheikh Ahmed Yassin, the founder of Hamas. Also on top of that, 81 percent said that they thought in the short term it would lead to an increase in terrorist attacks against Israeli civilians and infrastructure. So they do think in the short term it will mean that Hamas could carry out its threat to avenge the death of Sheikh Ahmed Yassin -- Carol.

COSTELLO: All right. Paula Hancocks live from Jerusalem.

Let's talk more about the fallout from that. Hamas is also threatening the United States. Is it bluffing or should we worry?

Our senior international editor David Clinch joins us now.

David, specifically, what is Hamas saying?

DAVID CLINCH, CNN SENIOR INTERNATIONAL EDITOR: Well, they are saying what they have said many times before. They have said that the United States bears responsibility for attacks on Palestinian leadership, militant leaders, for many reasons, support for Israel, in a general sense. And also from a Palestinian point of view, while the United States may not be pulling the trigger, they supplied the helicopters, they supplied the missiles, et cetera, et cetera. Hamas has always said that the U.S. bears some responsibility for these attacks.

In the passion of yesterday's specific statement from Hamas indicated that the U.S. would be or should be targeted because of the killing of Yassin. We are going to be looking into that question today asking the Hamas leadership, militant and otherwise, whether they think that is something that will happen or should happen.

COSTELLO: Now is there any evidence that Hamas has ever attacked U.S. interests before? CLINCH: Well, no, not directly. And just to give some context as well from the official U.S. point of view, the government here in Washington yesterday saying that they would take this seriously. But again, pointing out that there is no indication that there is any specific threat of attacks on U.S. But remember we had that incident of Americans being killed in Gaza Strip, that convoy that was attacked. So there is a precedent, not by Hamas that we know of, of course, but there is a precedent for Americans being attacked. So we are definitely taking that very seriously.

COSTELLO: All right. David Clinch, many thanks to you.

CLINCH: OK.

COSTELLO: Defense Secretary Donald Rumsfeld will be grilled today by the commission investigating the September 11 terror attacks. His testimony comes on the heels of explosive allegations by Richard Clarke, the president's former counterterrorism adviser. In a just published book, Clarke accuses the president of ignoring the threat al Qaeda posed before 9/11 and later wrongly focusing on Iraq at the expense of going after al Qaeda.

Not so says Rumsfeld.

(BEGIN VIDEO CLIP)

DONALD RUMSFELD, DEFENSE SECRETARY: Well that's just not true. I mean the fact of the matter is the president decided to go into Afghanistan. We did. It was an enormously successful activity. It took a relatively short period of time. The al Qaeda training camps were destroyed.

(END VIDEO CLIP)

COSTELLO: Clarke's allegation adds a whole new dimension to the 9/11 Commission hearing and to the president's reelection campaign. The political stakes are high. America is watching.

Let's talk more about this with our friend Jimmy Barrett of WRVA Radio in Richmond, Virginia.

Hello -- Jimmy.

JIMMY BARRETT, WRVA RADIO MORNING SHOW: Hi, Carol Costello.

COSTELLO: How are you?

BARRETT: Just fine. How are you this morning?

COSTELLO: I'm doing pretty well myself. Lots to talk about this morning. Let's talk about Clarke's allegations. How are they resonating with your listeners?

BARRETT: No, they aren't real happy. They aren't -- they aren't very happy about it. In fact, we discussed it yesterday morning. And we had one of our network reporters on who my listeners thought was taking a little bit of a -- of a tone with the interview. And I haven't seen my poll results. I did a poll on the question yesterday. But I -- the last time I checked it, it was like 80/20 against Richard Clarke and what he had to say about the...

COSTELLO: So your listeners don't believe what he has to say?

BARRETT: You know what, I don't know if they -- I don't think they do necessarily believe what he has to say. And I think more than that, I think they see a lot of politics behind his testimony and a book that's up for sale and there's a lot of skepticism about what he has to say. And just as there is some skepticism, as you know, as to the administration's response to what he had to say.

COSTELLO: Well the administration's response was strong. They came out with guns blazing. Do you think that made a difference as to what your listeners are feeling this morning?

BARRETT: No, quite honestly, I don't. I think they are glad that they came out all guns blazing. But I think that those that are -- again, we have discussed this many times. Those that have made up their mind about the Bush administration are going to want to believe whatever they want to believe. And those that support the president are not likely to be swayed by this kind of testimony.

No, the question is how many of us are stuck in the middle? How many can be swayed one way or the other?

COSTELLO: Yes, we'll see when election time rolls around, won't we?

BARRETT: Certainly will.

COSTELLO: The 9/11 Commission, how do you think -- how do your listeners think that Richard Clarke's allegations will affect testimony there?

BARRETT: Well it certainly is not going to impact on his testimony. I think we pretty much know what he is going to say. What is going to be interesting, and I think what you are alluding to, is whether or not Donald Rumsfeld will share information he otherwise might have held back on, whether Secretary of State Colin Powell might do the same thing and how the reaction to that will be.

COSTELLO: Well both are scheduled to testify today. I think Colin Powell testifies this morning and Donald Rumsfeld testifies later this afternoon. That will be available to us, so it will be on CNN and you can watch it live. We'll dip in and out of those commission hearings. But Donald Rumsfeld is expected to be very strong.

BARRETT: Well I have never known him to be shy, have you?

COSTELLO: No.

BARRETT: No, I'm pretty sure that Donald Rumsfeld is more than willing to share his opinion on this particular issue. And I think what Donald Rumsfeld is going to basically say is hey listen, Iraq has always been under the microscope. We always thought that there was a terrorism link with Iraq and before September the 11th and after September the 11th so of course we checked it out.

Now what I would really like to hear is what Madeline Albright and William Cohen have to say from previous administrations about what they felt about the Iraq situation.

COSTELLO: But see you are touching on something that even the Bush administration is afraid of that this commission will be all about finger pointing and it won't really get down to brass tacks. It will just be asserting blame for whatever political reason is out there.

BARRETT: But you know what, Carol, if there is no finger pointing, if we don't find -- if there was -- let's assume for a second here that there was a situation where we did have reason to suspect September the 11th or we should have taken al Qaeda network more seriously. Don't we want to know when that was? Don't we want to know whether or not there was some sort of an intelligence gap that let us down? I mean if we're not going to find where the problem is, then we're not going to fix it, are we?

COSTELLO: Yes, but does that really concern finger pointing at any one political party? Couldn't the blame be spread around?

BARRETT: Well I don't think there is going to be blame for any one political party. I mean we have heard all the accusations tossed back and forth. The Clinton administration had the opportunity to get their hands on Osama bin Laden and they didn't do it. But I think, in all reality, at the end of the day here we're going to find out that nobody really could foresee September the 11th. Nobody imagined that September the 11th that the -- that we could have that attack on that scale, that our airlines were that vulnerable as far as security goes. And there was a limited amount of things that could have been done to prevent it.

COSTELLO: Well we should hear some fascinating testimony over the next few days.

Jimmy Barrett, many thanks to you, from WRVA in Richmond, Virginia.

All right, let's get more now on that intriguing story of the intense FBI surveillance of John Kerry during his days as an anti-war protestor in the early '70s.

CNN national correspondent Kelly Wallace takes a closer look for you.

032200CN.V84

(on camera): The FBI never linked Kerry to any violent activity and ended its surveillance in May 1972. But the question now is could the Vietnam era past that Kerry is touting on the campaign trail also end up causing him some harm? Kelly Wallace, CNN, New York.

(END VIDEOTAPE)

COSTELLO: To the Forecast Center now and Chad.

CHAD MYERS, CNN METEOROLOGIST: Carol.

COSTELLO: Good morning.

MYERS: Yes, the fourth day of spring.

COSTELLO: It's cold in Atlanta. We had a freeze last night, didn't we?

MYERS: Feels like the middle of February. Yes, it really -- it has been cold.

(WEATHER REPORT)

COSTELLO: We have to tease this again.

MYERS: What's that?

COSTELLO: We want your pictures of sunrise. In our 5:00 a.m. Eastern hour here on DAYBREAK, e-mail us your photos of the sun coming up over your town. We know you have some beautiful pictures that you brag about all the time. Send them to us DAYBREAK@CNN.com. That's DAYBREAK@CNN.com.

We'll be right back.

(COMMERCIAL BREAK)

COSTELLO: 5:47 Eastern Time. Time to take a quick look at our 'Top Stories.'

The bipartisan 9/11 Commission holds public hearings today. Among those scheduled to testify, Defense Secretary Donald Rumsfeld.

A New York jury heads into day four of deliberations in the trial of former Tyco executives Dennis Kozlowski and Mark Swartz.

And county commissioners in Portland, Oregon have decided to stop issuing any and all marriage licenses until a state court rules on the legality of same-sex marriages.

We update our 'Top Stories' every 15 minutes. The next update comes your way at 6:00 Eastern.

In Oklahoma, the murder trial of Terry Nichols began with opening statements.

But as CNN national correspondent Susan Candiotti reports, there are already problems for the prosecution.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): A stinging embarrassment for state prosecutors about to open their case against Terry Nichols in his second trial for the Oklahoma City bombing. Calling the prosecutor's conduct inexcusable, a clearly irritated Judge Steven Taylor dismissed three jurors. He was angry the D.A.'s office waited until after the panel was seated before revealing the three are related to someone on the prosecution team.

Victim's families were stunned.

JANNIE COVERDALE, VICTIMS' GRANDMOTHER: They have a relative that's with the D.A.'s office in Oklahoma County. And I couldn't believe that happened.

CANDIOTTI: The judge said if he runs out of jurors, they are down to three alternates, he'll throw the entire case out with no right to start over.

ROY SELLS, VICTIM'S HUSBAND: I don't blame him. I don't blame him at all. I'd do the same thing. I just think it's inexcusable that that happened.

DORRIS JONES, VICTIM'S MOTHER: All we can do is hope that for a speedy trial and you know, the jurors stay well.

CANDIOTTI: In opening statements, a prosecutor called Terry Nichols and executed bomber Timothy McVeigh -- quote -- "partners in terror." Nichols was accused of doing more to get bomb components than McVeigh. Among the evidence found in Nichols' home, a receipt with the alias Mike Havens for a ton of fertilizer, the main ingredient used in the bombing. And four barrels like those used to mix the bomb.

The defense argued Nichols was manipulated and betrayed by McVeigh. Without offering names, Nichols lawyer said others were involved in Kansas and Oklahoma. When the Ryder bomb truck pulled up to its target, Nichols defense claims several people were inside with McVeigh.

Nichols is serving a life sentence on his federal conviction. The state wants the death penalty.

COVERDALE: There were two little boys, Aaron and Elijah Coverdale, and they were my grandsons. They were killed in the bombing. That's why I am here today.

CANDIOTTI (on camera): For victim's families, most say the second trial is worth the emotional pain, cost and time. It could take three to six months to learn Terry Nichols fate.

Susan Candiotti, CNN, McAlister, Oklahoma.

(END VIDEOTAPE)

COSTELLO: We've got stories making 'Front Page' news across the country just ahead. And in the next hour of DAYBREAK, antidepressant suicide warning. The government's very serious words of caution for doctors and their patients, a medial alert you will not want to miss.

(COMMERCIAL BREAK)

COSTELLO: Hi -- Chad.

MYERS: Hi, Carol. Time for 'Front Page.'

COSTELLO: 'Front Page.' You know we need music. I think we need music for this segment.

MYERS: OK.

COSTELLO: Let's take -- we'll find some later.

We'll take a look at headlines from across America out of our nation's newspapers. This is from the "Daily Herald" in Chicago. You can see the headline there, dying to work. It's about Mexican worker deaths. It says the jobs that lure Mexican workers to the United States are killing them in a worsening epidemic that is now claiming a victim a day. This is an Associated Press investigation. And it seems that Mexicans take the most hazardous jobs and they are more likely than others to be killed, even when doing similarly risky work. Trying to get to the bottom of why that's happening and to stop it from happening so often.

MYERS: Very hard workers.

COSTELLO: You're not kidding.

Take a look at this, this is from the "Times Herald-Record." Serving the Hudson Valley and the Catskills, Sharp Security. See all those weapons on the -- you'd think that came through airport security, wouldn't you?

MYERS: Yes.

COSTELLO: But no, it's from the Department of Social Services in Orange County. Orange County -- the Orange County union leader, Ron Green, wasn't alarmed to hear of the 10,932 guns, knives, razors and tools seized at Social Services offices last year. Over 10,000 weapons seized in one year -- Chad.

MYERS: Ouch!

COSTELLO: Don't know why people are bringing them through, but.

MYERS: Well, I know, it's a corkscrew, but it has a knife on the end so you can take the wrapper off, so I guess it's a weapon then.

COSTELLO: Well actually they have it broken down here, firearms 18, knives 4,766, razors 1,800.

MYERS: Yikes!

COSTELLO: Take a look at this picture in "The Washington Times."

MYERS: Ouch! Windy!

COSTELLO: Her hair is blowing straight up in the air.

MYERS: At least you know it's real.

COSTELLO: That's true. It was windy in a lot of places yesterday.

MYERS: Yes, they had the toupee warning going on there in D.C. yesterday. My goodness, it was windy.

Good morning, Carol.

(WEATHER REPORT)

COSTELLO: In the next hour of DAYBREAK, a former insider comes forward. Just a few moments from now, we'll have more on the startling allegations putting the Bush security team on the defensive.

(COMMERCIAL BREAK)

COSTELLO: Good morning to you. It is Tuesday, March 23. From the CNN Global Headquarters in Atlanta, I am Carol Costello. Let me bring you up to date now.

The stage is set for today's 9/11 Commission public hearing. Raising the stakes is a book by President Bush's former counterterrorism czar. He accuses the president of ignoring the threat posed by al Qaeda.

Here is John Kerry back in 1971 catching the attention of then President Richard Nixon and his FBI. Newly released files show the high level of surveillance of Kerry when he was an anti-war Vietnam vet.

Was Terry Nichols an innocent victim betrayed by his friend or a partner in terror? Jurors will decide as testimony begins in Nichols' Oklahoma City bombing murder trial.

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


Aired March 23, 2004 - 05:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Good morning to you. Welcome to the second half hour of DAYBREAK. It is Tuesday, March 23. From the CNN Global Headquarters in Atlanta, I'm Carol Costello. Let me bring you up to date.
The independent commission investigating the events of 9/11 will hold public hearings today. Among those scheduled to testify are Defense Secretary Donald Rumsfeld and Clinton administration Defense Secretary William Cohen.

FBI documents show that the agency kept John Kerry under constant surveillance in the early 1970s after he became an outspoken opponent of the war in Vietnam.

Israel's assassination of Hamas leader Sheikh Ahmed Yassin has sparked the condemnation of the U.N. and many of its member nations. Even so, Israel says it will not change its policy of targeting Hamas leaders for assassination.

A Spanish court has charged four more people in connection with the terrorist train attacks that killed 202 people. So far, nine people have been charged in those attacks.

We update our 'Top Stories' every 15 minutes. The next update comes your way at 5:45 Eastern.

Israel's assassination of the founder and spiritual leader of Hamas could be just the beginning. An Israeli security official now says Israel is targeting the entire leadership of Hamas. Israel and the United States consider the group a terrorist organization.

Let's head live to Jerusalem and Paula Hancocks for more.

Hello -- Paula.

PAULA HANCOCKS, CNN CORRESPONDENT: Hello, Carol.

Well it is the day two of the three-day mourning period that Yasser Arafat, the Palestinian Authority president, called for the death of Sheikh Ahmed Yassin. And the word on the Israeli streets at the moment is security. Security is on high alert. The highest alert it could be in Jerusalem and in other Israeli cities. People are worried about what Hamas said, about the fact that they vowed revenge for the assassination of Sheikh Ahmed Yassin.

And that alert and that nervousness is something that is focused on very much in the morning papers, some of the Israeli papers we have here. The title next to the picture of Sheikh Yassin is the end of the terror king, alert. And then in another one of the Israeli papers we also have the title of assassination, alert. Very much a focus for these Israeli papers this morning.

We also have a centerfold here showing Ahmed -- Sheikh Ahmed Yassin and also a list there of the suicide bomb attacks that he carried out against the Israelis and the line that very many of the Israeli officials are using, the Palestinian bin Laden.

Now the Palestinian newspapers a very different tone. More moderate, smaller pictures and also on some of the front of these we have some condolences, a list of condolences just on the other side there, people's opinions and thoughts.

And then al-Kudsa (ph), Israel's -- Israel assassinates Sheikh Ahmed Yassin, very simple, very restrained. So a little bit different to some of the Israeli newspapers.

But one Israeli newspaper came out with a very interesting poll which showed that 60 percent of people that they polled of Israelis said that they agreed with Ariel Sharon's move to assassinate Sheikh Ahmed Yassin, the founder of Hamas. Also on top of that, 81 percent said that they thought in the short term it would lead to an increase in terrorist attacks against Israeli civilians and infrastructure. So they do think in the short term it will mean that Hamas could carry out its threat to avenge the death of Sheikh Ahmed Yassin -- Carol.

COSTELLO: All right. Paula Hancocks live from Jerusalem.

Let's talk more about the fallout from that. Hamas is also threatening the United States. Is it bluffing or should we worry?

Our senior international editor David Clinch joins us now.

David, specifically, what is Hamas saying?

DAVID CLINCH, CNN SENIOR INTERNATIONAL EDITOR: Well, they are saying what they have said many times before. They have said that the United States bears responsibility for attacks on Palestinian leadership, militant leaders, for many reasons, support for Israel, in a general sense. And also from a Palestinian point of view, while the United States may not be pulling the trigger, they supplied the helicopters, they supplied the missiles, et cetera, et cetera. Hamas has always said that the U.S. bears some responsibility for these attacks.

In the passion of yesterday's specific statement from Hamas indicated that the U.S. would be or should be targeted because of the killing of Yassin. We are going to be looking into that question today asking the Hamas leadership, militant and otherwise, whether they think that is something that will happen or should happen.

COSTELLO: Now is there any evidence that Hamas has ever attacked U.S. interests before? CLINCH: Well, no, not directly. And just to give some context as well from the official U.S. point of view, the government here in Washington yesterday saying that they would take this seriously. But again, pointing out that there is no indication that there is any specific threat of attacks on U.S. But remember we had that incident of Americans being killed in Gaza Strip, that convoy that was attacked. So there is a precedent, not by Hamas that we know of, of course, but there is a precedent for Americans being attacked. So we are definitely taking that very seriously.

COSTELLO: All right. David Clinch, many thanks to you.

CLINCH: OK.

COSTELLO: Defense Secretary Donald Rumsfeld will be grilled today by the commission investigating the September 11 terror attacks. His testimony comes on the heels of explosive allegations by Richard Clarke, the president's former counterterrorism adviser. In a just published book, Clarke accuses the president of ignoring the threat al Qaeda posed before 9/11 and later wrongly focusing on Iraq at the expense of going after al Qaeda.

Not so says Rumsfeld.

(BEGIN VIDEO CLIP)

DONALD RUMSFELD, DEFENSE SECRETARY: Well that's just not true. I mean the fact of the matter is the president decided to go into Afghanistan. We did. It was an enormously successful activity. It took a relatively short period of time. The al Qaeda training camps were destroyed.

(END VIDEO CLIP)

COSTELLO: Clarke's allegation adds a whole new dimension to the 9/11 Commission hearing and to the president's reelection campaign. The political stakes are high. America is watching.

Let's talk more about this with our friend Jimmy Barrett of WRVA Radio in Richmond, Virginia.

Hello -- Jimmy.

JIMMY BARRETT, WRVA RADIO MORNING SHOW: Hi, Carol Costello.

COSTELLO: How are you?

BARRETT: Just fine. How are you this morning?

COSTELLO: I'm doing pretty well myself. Lots to talk about this morning. Let's talk about Clarke's allegations. How are they resonating with your listeners?

BARRETT: No, they aren't real happy. They aren't -- they aren't very happy about it. In fact, we discussed it yesterday morning. And we had one of our network reporters on who my listeners thought was taking a little bit of a -- of a tone with the interview. And I haven't seen my poll results. I did a poll on the question yesterday. But I -- the last time I checked it, it was like 80/20 against Richard Clarke and what he had to say about the...

COSTELLO: So your listeners don't believe what he has to say?

BARRETT: You know what, I don't know if they -- I don't think they do necessarily believe what he has to say. And I think more than that, I think they see a lot of politics behind his testimony and a book that's up for sale and there's a lot of skepticism about what he has to say. And just as there is some skepticism, as you know, as to the administration's response to what he had to say.

COSTELLO: Well the administration's response was strong. They came out with guns blazing. Do you think that made a difference as to what your listeners are feeling this morning?

BARRETT: No, quite honestly, I don't. I think they are glad that they came out all guns blazing. But I think that those that are -- again, we have discussed this many times. Those that have made up their mind about the Bush administration are going to want to believe whatever they want to believe. And those that support the president are not likely to be swayed by this kind of testimony.

No, the question is how many of us are stuck in the middle? How many can be swayed one way or the other?

COSTELLO: Yes, we'll see when election time rolls around, won't we?

BARRETT: Certainly will.

COSTELLO: The 9/11 Commission, how do you think -- how do your listeners think that Richard Clarke's allegations will affect testimony there?

BARRETT: Well it certainly is not going to impact on his testimony. I think we pretty much know what he is going to say. What is going to be interesting, and I think what you are alluding to, is whether or not Donald Rumsfeld will share information he otherwise might have held back on, whether Secretary of State Colin Powell might do the same thing and how the reaction to that will be.

COSTELLO: Well both are scheduled to testify today. I think Colin Powell testifies this morning and Donald Rumsfeld testifies later this afternoon. That will be available to us, so it will be on CNN and you can watch it live. We'll dip in and out of those commission hearings. But Donald Rumsfeld is expected to be very strong.

BARRETT: Well I have never known him to be shy, have you?

COSTELLO: No.

BARRETT: No, I'm pretty sure that Donald Rumsfeld is more than willing to share his opinion on this particular issue. And I think what Donald Rumsfeld is going to basically say is hey listen, Iraq has always been under the microscope. We always thought that there was a terrorism link with Iraq and before September the 11th and after September the 11th so of course we checked it out.

Now what I would really like to hear is what Madeline Albright and William Cohen have to say from previous administrations about what they felt about the Iraq situation.

COSTELLO: But see you are touching on something that even the Bush administration is afraid of that this commission will be all about finger pointing and it won't really get down to brass tacks. It will just be asserting blame for whatever political reason is out there.

BARRETT: But you know what, Carol, if there is no finger pointing, if we don't find -- if there was -- let's assume for a second here that there was a situation where we did have reason to suspect September the 11th or we should have taken al Qaeda network more seriously. Don't we want to know when that was? Don't we want to know whether or not there was some sort of an intelligence gap that let us down? I mean if we're not going to find where the problem is, then we're not going to fix it, are we?

COSTELLO: Yes, but does that really concern finger pointing at any one political party? Couldn't the blame be spread around?

BARRETT: Well I don't think there is going to be blame for any one political party. I mean we have heard all the accusations tossed back and forth. The Clinton administration had the opportunity to get their hands on Osama bin Laden and they didn't do it. But I think, in all reality, at the end of the day here we're going to find out that nobody really could foresee September the 11th. Nobody imagined that September the 11th that the -- that we could have that attack on that scale, that our airlines were that vulnerable as far as security goes. And there was a limited amount of things that could have been done to prevent it.

COSTELLO: Well we should hear some fascinating testimony over the next few days.

Jimmy Barrett, many thanks to you, from WRVA in Richmond, Virginia.

All right, let's get more now on that intriguing story of the intense FBI surveillance of John Kerry during his days as an anti-war protestor in the early '70s.

CNN national correspondent Kelly Wallace takes a closer look for you.

032200CN.V84

(on camera): The FBI never linked Kerry to any violent activity and ended its surveillance in May 1972. But the question now is could the Vietnam era past that Kerry is touting on the campaign trail also end up causing him some harm? Kelly Wallace, CNN, New York.

(END VIDEOTAPE)

COSTELLO: To the Forecast Center now and Chad.

CHAD MYERS, CNN METEOROLOGIST: Carol.

COSTELLO: Good morning.

MYERS: Yes, the fourth day of spring.

COSTELLO: It's cold in Atlanta. We had a freeze last night, didn't we?

MYERS: Feels like the middle of February. Yes, it really -- it has been cold.

(WEATHER REPORT)

COSTELLO: We have to tease this again.

MYERS: What's that?

COSTELLO: We want your pictures of sunrise. In our 5:00 a.m. Eastern hour here on DAYBREAK, e-mail us your photos of the sun coming up over your town. We know you have some beautiful pictures that you brag about all the time. Send them to us DAYBREAK@CNN.com. That's DAYBREAK@CNN.com.

We'll be right back.

(COMMERCIAL BREAK)

COSTELLO: 5:47 Eastern Time. Time to take a quick look at our 'Top Stories.'

The bipartisan 9/11 Commission holds public hearings today. Among those scheduled to testify, Defense Secretary Donald Rumsfeld.

A New York jury heads into day four of deliberations in the trial of former Tyco executives Dennis Kozlowski and Mark Swartz.

And county commissioners in Portland, Oregon have decided to stop issuing any and all marriage licenses until a state court rules on the legality of same-sex marriages.

We update our 'Top Stories' every 15 minutes. The next update comes your way at 6:00 Eastern.

In Oklahoma, the murder trial of Terry Nichols began with opening statements.

But as CNN national correspondent Susan Candiotti reports, there are already problems for the prosecution.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): A stinging embarrassment for state prosecutors about to open their case against Terry Nichols in his second trial for the Oklahoma City bombing. Calling the prosecutor's conduct inexcusable, a clearly irritated Judge Steven Taylor dismissed three jurors. He was angry the D.A.'s office waited until after the panel was seated before revealing the three are related to someone on the prosecution team.

Victim's families were stunned.

JANNIE COVERDALE, VICTIMS' GRANDMOTHER: They have a relative that's with the D.A.'s office in Oklahoma County. And I couldn't believe that happened.

CANDIOTTI: The judge said if he runs out of jurors, they are down to three alternates, he'll throw the entire case out with no right to start over.

ROY SELLS, VICTIM'S HUSBAND: I don't blame him. I don't blame him at all. I'd do the same thing. I just think it's inexcusable that that happened.

DORRIS JONES, VICTIM'S MOTHER: All we can do is hope that for a speedy trial and you know, the jurors stay well.

CANDIOTTI: In opening statements, a prosecutor called Terry Nichols and executed bomber Timothy McVeigh -- quote -- "partners in terror." Nichols was accused of doing more to get bomb components than McVeigh. Among the evidence found in Nichols' home, a receipt with the alias Mike Havens for a ton of fertilizer, the main ingredient used in the bombing. And four barrels like those used to mix the bomb.

The defense argued Nichols was manipulated and betrayed by McVeigh. Without offering names, Nichols lawyer said others were involved in Kansas and Oklahoma. When the Ryder bomb truck pulled up to its target, Nichols defense claims several people were inside with McVeigh.

Nichols is serving a life sentence on his federal conviction. The state wants the death penalty.

COVERDALE: There were two little boys, Aaron and Elijah Coverdale, and they were my grandsons. They were killed in the bombing. That's why I am here today.

CANDIOTTI (on camera): For victim's families, most say the second trial is worth the emotional pain, cost and time. It could take three to six months to learn Terry Nichols fate.

Susan Candiotti, CNN, McAlister, Oklahoma.

(END VIDEOTAPE)

COSTELLO: We've got stories making 'Front Page' news across the country just ahead. And in the next hour of DAYBREAK, antidepressant suicide warning. The government's very serious words of caution for doctors and their patients, a medial alert you will not want to miss.

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COSTELLO: Hi -- Chad.

MYERS: Hi, Carol. Time for 'Front Page.'

COSTELLO: 'Front Page.' You know we need music. I think we need music for this segment.

MYERS: OK.

COSTELLO: Let's take -- we'll find some later.

We'll take a look at headlines from across America out of our nation's newspapers. This is from the "Daily Herald" in Chicago. You can see the headline there, dying to work. It's about Mexican worker deaths. It says the jobs that lure Mexican workers to the United States are killing them in a worsening epidemic that is now claiming a victim a day. This is an Associated Press investigation. And it seems that Mexicans take the most hazardous jobs and they are more likely than others to be killed, even when doing similarly risky work. Trying to get to the bottom of why that's happening and to stop it from happening so often.

MYERS: Very hard workers.

COSTELLO: You're not kidding.

Take a look at this, this is from the "Times Herald-Record." Serving the Hudson Valley and the Catskills, Sharp Security. See all those weapons on the -- you'd think that came through airport security, wouldn't you?

MYERS: Yes.

COSTELLO: But no, it's from the Department of Social Services in Orange County. Orange County -- the Orange County union leader, Ron Green, wasn't alarmed to hear of the 10,932 guns, knives, razors and tools seized at Social Services offices last year. Over 10,000 weapons seized in one year -- Chad.

MYERS: Ouch!

COSTELLO: Don't know why people are bringing them through, but.

MYERS: Well, I know, it's a corkscrew, but it has a knife on the end so you can take the wrapper off, so I guess it's a weapon then.

COSTELLO: Well actually they have it broken down here, firearms 18, knives 4,766, razors 1,800.

MYERS: Yikes!

COSTELLO: Take a look at this picture in "The Washington Times."

MYERS: Ouch! Windy!

COSTELLO: Her hair is blowing straight up in the air.

MYERS: At least you know it's real.

COSTELLO: That's true. It was windy in a lot of places yesterday.

MYERS: Yes, they had the toupee warning going on there in D.C. yesterday. My goodness, it was windy.

Good morning, Carol.

(WEATHER REPORT)

COSTELLO: In the next hour of DAYBREAK, a former insider comes forward. Just a few moments from now, we'll have more on the startling allegations putting the Bush security team on the defensive.

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COSTELLO: Good morning to you. It is Tuesday, March 23. From the CNN Global Headquarters in Atlanta, I am Carol Costello. Let me bring you up to date now.

The stage is set for today's 9/11 Commission public hearing. Raising the stakes is a book by President Bush's former counterterrorism czar. He accuses the president of ignoring the threat posed by al Qaeda.

Here is John Kerry back in 1971 catching the attention of then President Richard Nixon and his FBI. Newly released files show the high level of surveillance of Kerry when he was an anti-war Vietnam vet.

Was Terry Nichols an innocent victim betrayed by his friend or a partner in terror? Jurors will decide as testimony begins in Nichols' Oklahoma City bombing murder trial.

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