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American Morning
10 Soldiers Killed in Fighting in Iraq; President, Vice President Testify Today Before 9/11 Commission
Aired April 29, 2004 - 08:00 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.
SOLEDAD O'BRIEN, CNN ANCHOR: Getting the U.S. out of Fallujah -- four Iraqi generals who served under Saddam Hussein could be the Marines' new best friends.
Elsewhere in Iraq, an extremely violent day for U.S. troops. Ten dead in a string of attacks.
And the 9/11 Commission going to the highest level of all -- the president and the vice president testify on terrorism on this "American Morning."
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.
BILL HEMMER, CNN ANCHOR: Other stories this hour.
Good morning, again, everybody.
Three days of hearings in the Kobe Bryant matter ending yesterday. Another hearing expected in about two weeks. There are requests for cameras in the courtroom. There are requests to have some intriguing elements thrown out. Former Prosecutor Linda Fairstein stops by in a moment here on that case.
O'BRIEN: Also this morning, Dr. Sanjay Gupta joins us.
We're talking about something that can seem like THE most important question in the world when you're going through it, which is this -- how do you get that baby to sleep through the night?
HEMMER: How do YOU get to sleep is the more appropriate question.
O'BRIEN: Well, once they get to sleep, then you get to sleep. It's all connected.
JACK CAFFERTY, CNN CORRESPONDENT: The answer is cough syrup with codeine in it.
HEMMER: Emphasis on the codeine.
O'BRIEN: Drugging your kids -- let's see if Sanjay agrees.
CAFFERTY: It works like that.
Coming up in the Cafferty File, we were preempted by breaking news yesterday, but you don't get off that easily. We saved the stuff. Dolly Parton talking about a wardrobe malfunction of her own. Talk about shock and awe.
And fresh from a stint in prison, and considering who he's married to, singer Bobby Brown says he is Jonesing for an island vacation. He's got to get away and get some rest.
HEMMER: Shock and awe.
O'BRIEN: We will see.
CAFFERTY: Yes, Dolly Parton.
HEMMER: That's right.
CAFFERTY: One on each side.
HEMMER: That's exactly right.
CAFFERTY: This is shock and that one's awe.
HEMMER: Yes, that's right.
CAFFERTY: See, I wasn't going to do that...
O'BRIEN: A new low, I believe.
CAFFERTY: You led me into it.
HEMMER: That's right.
Now, we want to get to Iraq right now, and, again, tough news again from that country. This news broke just about an hour ago. A deadly day there for Americans. A total of 10 U.S. soldiers have been killed in a string of attacks today. Eight are dead in a car bomb attack in Mahmudiyah. That is south of Baghdad. Four others also injured in that same incident. Two other U.S. soldiers killed in separate incidents around the Baghdad area. Also, more details on ending the siege in Fallujah, possibly in a moment here. We'll get you back to Tony Perry of the "L.A. Times" there, working that story for the Marines in Fallujah.
At least two dozen people, mostly children, killed in a school bus accident in Colombia. That incident happened in a suburb north of the capital city of Bogota. Officials say a construction backhoe rolled down an embankment and hit a school bus.
The L.A. Police Department has beefed up security in shopping malls around the city. Federal officials issuing an alert about a potential threat indicating an attack on a shopping center in the West L.A. area. In a statement, officials say the information is uncorroborated and the credibility of that source is unknown.
The Bush administration kicking off an $18 million ad campaign pushing the new Medicare drug discount card for seniors. That plan includes a $600 subsidiary for low income seniors. Enrollment for the new drug card should begin on Monday, should begin working by June. Medicare will provide information on the card and post drug prices on its Web site starting today.
A small helium leak on board the Russian Soyuz spacecraft will not stop it from bringing three astronauts back to Earth. Mission control says helium used to pump fuel into the engine is leaking. They stress it's nothing to worry about just yet. The Soyuz, which has been in space for six months, scheduled to return. Two international space station residents back on Earth on Friday. A Dutchman will also be returning after a nine day mission on board the station.
8:03 now here in New York. You're up to date.
(WEATHER REPORT)
O'BRIEN: As we have reported, it has been a deadly day so far for U.S. forces in Iraq. At least 10 U.S. soldiers have died there already today.
Details now from Baghdad, where Ben Wedeman is standing by for us -- Ben, good morning. BEN WEDEMAN, CNN CORRESPONDENT: Yes, good morning, Soledad.
Yes, this is one of those bad days the coalition warned we would be having here. And about four and a half hours ago, a car bomb went off in Mahmudiyah, which is a hot spot to the south of Baghdad. That bomb killing eight U.S. soldiers with the 1st Armored Division, wounding four others.
Now, apparently the area has been secured. The wounded have been flown out by helicopter.
Now, here in Baghdad itself, in the eastern sector of the city, another U.S. soldier was killed by a rocket propelled grenade. And in Ba'qubah, which is to the northeast of Baghdad, another U.S. soldier killed. This in addition to a South African civilian shot dead in Basra. And we are hearing reports of an unspecified number of Iraqis killed at an American checkpoint outside of Fallujah.
So this is turning out to be one of those very bad days -- Soledad.
O'BRIEN: Let's talk a little bit more about Fallujah. Reports, as you well know, we've been talking about all morning. Four generals say they're going to take over the Iraqi Army there and try to make some steps towards resolution for the U.S. Marines, who are now on the outskirts of Fallujah.
What are you hearing about this and how hopeful should people be about what some have called a giant step forward and others are saying well, let's wait and see?
WEDEMAN: Well, Soledad, I just got off the phone with a senior military spokesman here in Baghdad, who underscored that there has been no deal reached, that these four generals are just another negotiating track to try to work out some sort of settlement with the insurgents. And according to that spokesman, they are dealing on a variety of tracks, using a variety of intermediaries to try to bring the situation in Fallujah under control.
But, of course, these four generals, as well intentioned as they might be, they cannot guarantee that the insurgents in Fallujah will lay down their arms, will stop attacking coalition forces in that area.
Now, there is talk about increasing the presence of Iraqi security in and around Fallujah, of giving them a greater role in the situation there. Certainly, the Americans want to minimize the number of troops they have on the ground in that very dangerous city, on the ground and very exposed, as a matter of fact.
But this senior military spokesman wants to caution that they do not have a deal or any sort of agreement with the insurgents at this point. These generals are just other way to try to work out an agreement. And we've been reporting -- we were reporting yesterday, for instance, that they don't have complete confidence in some of the other intermediaries. So they're trying everything they can to work out this problem -- Soledad.
O'BRIEN: So maybe cautiously optimistic is the words we should be using this morning.
Ben Wedeman for us out of Baghdad.
Ben, thanks -- Bill.
HEMMER: Soledad, using Ben's report as a bit of a caution right now, we want to go back to Tony Perry of the "L.A. Times."
Speaking to him about an hour ago, embedded the with U.S. Marines there in Fallujah, he was the one who was getting details from the U.S. Marines there and the commander, General James Mattis, as to how this deal might be struck.
Here is how Tony described it to us a bit earlier today.
(BEGIN VIDEOTAPE)
TONY PERRY, "LOS ANGELES TIMES": A deal has been struck between the U.S. and various Iraqi officials to end the Marine siege of Fallujah, to prevent the Marines from having to assault the downtown area to wipe out the insurgents. Instead, an offshoot of the Iraqi Army, to be called the Fallujah New Protective Army or some phrasing like that, will take over from the Marines in the next seven to 10 days.
It will be led by four former generals of the Iraqi Army. These are men who served under Saddam Hussein, known as military professionals, not men who hid behind women and children or use biological weapons, for example; men known to the Marines. These men stepped forward in the last few days finally. The Marines have been calling for some Iraqi leadership to put an Iraqi face on this problem. These men have stepped forward. They've been vetted. The Marines believe in them. They'll be watching them very, very closely.
So Iraqi forces, army forces, will be moving into Fallujah. The Marines, after a short period of time, will move out. And the insurgency problem will then become an Iraqi problem, not an American problem.
HEMMER: Tony, already there were reports today that some Marines are getting ready to pack up and head out of there and also these four Iraqi generals.
Where have they been in these negotiations throughout the past week?
PERRY: Apparently there were extensive discussions in the last couple of days through intermediaries and then face to face. I was outside the room when the head American general, Major General James Mattis, met with the four Iraqi generals, including a former three star Iraqi general, a man he knew, a man he fought against. And the two of them came out smiling. The two of them came out shaking hands.
General Mattis stood very close to his Iraqi counterpart and said, "You and I are going to make this work. We're going to do it. Anything I can do, it is now the two of us." He says, "The Americans did not come here to fight, we came here to help you. Anything I can, you contact me."
Now, General -- Major General James Mattis is a pretty tough customer. He doesn't lay down his arms easily. He clearly trusts this man and thinks this is a way out of this problem to avoid American casualties and to avoid civilian casualties.
HEMMER: And, Tony, a final question. These Iraqi soldiers, where do they come from? Are they from Fallujah or other parts of Iraq?
PERRY: As I understand it, some are from Baghdad and some of them have ties to Fallujah. One of the thinking, too, is that they know who the insurgents are. They might have been some of their subordinate officers. They know. As General Mattis told me, he said these are folks who know the difference between an Iraqi accent and a Syrian accent. In other words, they know the territory, they know the characters. They know who's doing this.
One of the first tests will be can these Iraqi generals stop the insurgents from attacking Marines, as they have been doing daily, hourly?
Now, the Marines are not going to lay down their arms. They're not going to take attacks without responding exceedingly vigorously. So we're not going to lose American lives in the interim, General Mattis said. But one test will be whether the generals can stop these attacks on the Marines.
(END VIDEOTAPE)
HEMMER: Again, Tony Perry of the "L.A. Times" embedded there with the U.S. Marines, making note there, again, the first step in the process, only the first step. And, again, a bit of caution coming out of Ben Wedeman's reporting back in Baghdad.
We will watch both areas and find out what we can figure out so far today on this -- now Soledad.
O'BRIEN: This morning, President Bush and Vice President Dick Cheney will take their turn in the spotlight of the 9/11 Commission. The Oval Office question and answer session begins in just about an hour and a half, at 9:30 Eastern time. The full 10 member Commission will take part. There is no specific time limit, but the meeting is expected to last just about two hours.
C. Boyden Gray served as White House counsel to the first President Bush and he joins us this morning from Richmond, Virginia to talk a little bit about this historic session.
Nice to see you, sir.
Thanks for being with us.
C. BOYDEN GRAY, FORMER WHITE HOUSE COUNSEL: My pleasure.
O'BRIEN: In the meeting this morning, in addition to the president and the vice president, will be Alberto Gonzalez, who is the White House counsel.
It's your old job, basically, under the first President Bush.
Give me a sense of what you think exactly his role will be.
GRAY: Well, I think his role is really over once the meeting starts. He will have had to brief or rebrief the president and the vice president to make sure that they have gone over all of the documentation that they have previously received in the first eight months of the administration. And I think he will be there to take notes, to monitor the discussion.
But the hard work he's had to do will be done. It's now up to the president and the vice president to sit down and discuss this matter with the Commission members.
O'BRIEN: So it's nothing like you see when they talk about sort of general counsel saying oh, my client's not going to answer that or oh, you know, I don't think we should go that direction? He basically sits there and just listens in?
GRAY: Yes, I think he's just going to sit there and listen in. And I don't think he'll probably say anything. He may. And they may ask him a question or two. But I don't think so. I think this will be a fairly relaxed discussion. It's not really testimony and hopefully the Commission will ask the president what his own thoughts are about improving the situation to make sure this kind of thing doesn't happen again.
He will have ideas and he should impart those to the Commission members.
O'BRIEN: As we mentioned, this is all taking place in the Oval Office. I have to imagine that a fair amount of thought goes into a location for a meeting as important and historic as this.
Why do you think the Oval Office was picked?
GRAY: Excuse me?
O'BRIEN: Forgive me, I'll repeat the question.
GRAY: Why was the Oval Office picked?
O'BRIEN: Yes. I mean, I imagine it's not just a fluke. They didn't just find an empty room to do it. That, you know, this is a historic meeting and there's a certain reason why the Oval Office, as opposed to somewhere else.
So why do you think the Oval Office?
GRAY: Well, I think it's a location that will demand the most, frankly, of the Commission members to rise to the level that this situation demands. There's something about the Oval Office -- anybody who's ever stepped inside it, even I, who would go there quite frequently, of course, I never lost the awe of that room. And I think this is going to be an important thing for the Commission members to understand the pressures on the president. And I think it will be very useful for them to be there on this historic occasion.
O'BRIEN: How unusual -- give me a sense of context or just how unusual and how extraordinary this particular kind of meeting is.
GRAY: And, you know, this...
O'BRIEN: And forgive me, we're having some satellite problems.
Let me see if I can get you back, Mr. Gray.
If you can hear me, much has been made about the historic proportions of this meeting. So give me a sense, I mean, again, since this was your job -- I'm being told we've lost our satellite there.
So we're going to see if we can get C. Boyden Gray back to talk to us about the president and the vice president now appearing in front of the 9/11 Commission.
And if you can still hear me, my apologies to you.
Technology has failed us this morning, sir.
HEMMER: That's right. The gremlins are among us.
I think that point he makes about the Oval Office is so searing, too. For a guy who's been in that room so many times to still have...
O'BRIEN: To say he's still intimidated. HEMMER: Yes, that's exactly -- and the amount of respect he offered, also, in his answer lets you know about how they feel about it, just walking in there, too.
O'BRIEN: Yes. Right.
It'll be interesting to see.
Let me see if we can still reach him.
HEMMER: Yes.
O'BRIEN: Mr. Gray, I'm not sure if you can hear me.
GRAY: I can hear you.
O'BRIEN: Oh, fantastic. Well, look at that, we've solved our technology problems, at least for the next couple of seconds.
Let me plow through and ask that question again.
I was trying to get a sense of the context of just how unusual and how extraordinary it is to have this meeting take place at all.
GRAY: Well, you have to understand the backdrop. This White House administration has given this Commission more documentation than the White House has ever given any similar body in the past -- all the president's daily briefs, some of which have been made public; public testimony by the national security adviser, which has never happened in a sort of a non-criminal context; and now the president.
And remember that President Johnson did not appear before the Warren Commission and the White House and the CIA withheld very, very important information from that Commission about the assassination attempts on Castro, which preceded President Kennedy's death.
But none of this is happening now. All of the material has been turned over and this is an extraordinary level of cooperation by this particular White House. It's called for because, indeed, this is a most extraordinary event, 9/11, and it is fairly important to make sure something like this never happens again.
O'BRIEN: The president and the vice president appearing together. And some people have suggested, primarily critics of the president, have suggested well, that'll help keep the stories straight.
What do you make of a suggestion like that?
GRAY: Well, the story, I mean, remember, the Commission now knows more than both those men combined, after having spent months reconstructing everything from every level of the various agencies, all the way down to the very, very bottom. I think the useful thing here is that on the day that this occurred, there was a lot of disconnects because the president was in Air Force One scrambling to get up in the air. Vice President Cheney was in the White House scrambling to get to a secure location. And I think it's very useful to have the two of them there to piece together what happened on that day, because they were not together in the White House.
O'BRIEN: It's just about an hour and 15 minutes away from when that meeting takes place.
C. Boyden Gray is a former White House counsel.
Thank you, sir, for your time.
Again, my apologies for our satellite technological issues this morning.
GRAY: No problem.
O'BRIEN: We sure appreciate it -- Bill.
HEMMER: In a moment here, Kobe Bryant formally answering the central charge against him within the next two weeks. We'll look at his upcoming pretrial hearing in a moment with Linda Fairstein.
O'BRIEN: And it might be the biggest challenge that faces new parents -- how do you get the baby to sleep through the night? Our series on newborns continues with some sleep training tips.
HEMMER: And we will scan the country -- sorry about that. What are the most polluted cities in the U.S.? We'll see which topped the list.
O'BRIEN: Is it New York City?
HEMMER: Am not telling.
Ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Kobe Bryant formally answers the sexual assault charge against him in a pretrial hearing next month. That should happen within the next two weeks, mid-May, in fact. Bryant's arraignment scheduled for a three day hearing in Colorado beginning on the 10th of May. He'll enter a plea during that hearing.
Linda Fairstein is a former sex-crimes prosecutor, a best selling novelist.
Her latest book is called "The Kill."
She's back with us here on "American Morning."
Good morning to you.
LINDA FAIRSTEIN, FORMER SEX-CRIMES PROSECUTOR: Hi, Bill.
HEMMER: So, we'll get the pretrial hearing the 10th of May.
When does this trial begin and is it possible what you said yesterday, that it may not be till September?
FAIRSTEIN: I would say that's a good guess. There's still evidentiary rulings to be made on these issues. It's got more complex issues, this case, than many others like it. And I think there'll be -- the hearings will finish, the judge will take some time, make a decision, write an opinion. People have summer schedules. It's usually a hard time to pick a jury. Fall, I think.
HEMMER: When does the judge make this decision and how does the judge make this decision based on the sexual history, whether or not that is to be entered as evidence into this case?
FAIRSTEIN: There are basic laws, our rape shield laws, that were passed in the last 20 years that will give him a framework. Most of us think that the people who've testified about sexual encounters that are remote in time will have no relevance at all here and the judge knows that and will keep them out. But there are a couple of allegations that involve possible intercourse within hours before or after the young lady was with Mr. Bryant. And so whether or not the prosecution can prove that injuries occurred in the hotel room with Kobe Bryant may be countered by other recent acts.
HEMMER: So if you were a defense attorney, why do you want this history in? How is it going to help your case and defend your client?
FAIRSTEIN: Well, there remote history is part of the ugly trials of these cases, where they're trying to smear the victim by saying she was promiscuous. And, you know, promiscuous women are still raped. But they would like the jury to think that if she'd been, she'd had a lot of sexual encounters before she went to the room with Kobe Bryant, she was more likely to have consented with sex -- to sex with him.
And that's why rape shield laws keep the old stuff out.
HEMMER: Now, Bryant's attorneys, they want statements out that he made to police that night.
FAIRSTEIN: Right.
HEMMER: They want this T-shirt stain with her blood, the accuser's blood, out.
FAIRSTEIN: You bet.
HEMMER: And a rape kit out.
What is a rape kit?
FAIRSTEIN: A rape kit is the way now that we collect evidence at a hospital after an exam. In this case, there's a forensic examiner, sexual assault, forensic examiner. That's a new program. It's somebody who's trained just to do the very specific not only examination of the victim, but to collect evidence from her body, really, that the lab analyzes to help determine if what happened was a crime.
HEMMER: Of those three things I mentioned, what's the chances that they are tossed out?
FAIRSTEIN: The evidence collection kit, the rape kit, comes in; and probably the T-shirt and the statements will, too. That's what these hearings are going to be about.
HEMMER: Thanks, Linda.
FAIRSTEIN: Thank you, Bill.
HEMMER: Good to see you.
Linda Fairstein.
FAIRSTEIN: All right.
HEMMER: Here's Soledad.
O'BRIEN: Still to come this morning, we'll have much more on what has become a deadly day in Iraq.
And a former nurse accused of killing dozens of patients back in court today.
That's ahead as "American Morning" continues.
(COMMERCIAL BREAK)
O'BRIEN: Time to check in with Jack and the Question of the Day.
CAFFERTY: All right, a growing number of Iraqis and Americans want U.S. troops to leave Iraq now. Fifty-seven percent of Iraqis say the troops should leave immediately, according to a CNN/"USA Today"/Gallup poll. And this was taken before the attacks in Fallujah. A "New York Times"/CBS News poll shows 46 percent of Americans say the troops should leave as soon as possible.
So the question we're asking is when is the right time for U.S. troops to leave Iraq.
At the start of the show, back at about 7:00, I said, you know, that etiquette suggests that a good guest knows when it's time to go home, which prompted this letter from DCB in Myrtle Beach, South Carolina: "A good guest would have waited to be invited. We have to leave now, even before the June 30 photo-op. The Bush regime's plot has failed. To let more Americans and Iraqis be murdered to save their pride is obscene."
Elizabeth in Toronto: "Probably for good, since realistically you need a presence in the region. But for the purposes of this war, not until the job is done and not a moment longer. If the U.S. doesn't resolve the foreign fighter situation, Iraq will never be stable. They've got to finish the job they've started and make Iraq secure."
Pat in Pompano Beach, Florida: "Bring our children home. If Iraq wants us to give our lives for their freedom, they'll have to ask us for our support. Until then, they have to learn how to fight for their own freedom. You cannot make a culture change. You have to -- they have to want to."
And Jerileah in Ridgecrest, California writes this: "Now that Iraq is a hotbed for terrorists who weren't there before, we are stuck there until we get a telegram that hell has frozen over."
Am@cnn.com the e-mail address.
HEMMER: Still trying to figure out what's going on in Fallujah. Conflicting reports at times. That general, by the way, that Marine, James Mattis, I spent six weeks with him in Afghanistan.
CAFFERTY: Yes?
HEMMER: He is one tough, crusty man.
CAFFERTY: You know, we were concerned you might decide to enlist when you were over there.
HEMMER: I thought about it.
I'll tell you what, though. Ask that guy for an interview, forget it. He'll take you to the lowest ranking member of the Marine Corps who was with him at that time. He'll take you to every 19-year- old and 20-year-old on the lines and say talk to them.
O'BRIEN: Good for him.
CAFFERTY: Yes.
O'BRIEN: That's nice to hear, I think.
HEMMER: You know, forget about me.
CAFFERTY: That's not the way it works in the private sector, is it?
O'BRIEN: Exactly. He could teach a lesson or two to some other folks, couldn't he?
HEMMER: Looking forward to shock and awe, by the way, too.
CAFFERTY: Oh, man.
HEMMER: In a moment here, you mentioned these poll numbers, too. Surprising numbers, too, from the Iraqis, their views on the war. What they had to say could be bad news for a new Iraqi army, we're told. Live to Baghdad for reaction on that when we continue in a moment, right after this.
(COMMERCIAL BREAK)
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Aired April 29, 2004 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Getting the U.S. out of Fallujah -- four Iraqi generals who served under Saddam Hussein could be the Marines' new best friends.
Elsewhere in Iraq, an extremely violent day for U.S. troops. Ten dead in a string of attacks.
And the 9/11 Commission going to the highest level of all -- the president and the vice president testify on terrorism on this "American Morning."
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.
BILL HEMMER, CNN ANCHOR: Other stories this hour.
Good morning, again, everybody.
Three days of hearings in the Kobe Bryant matter ending yesterday. Another hearing expected in about two weeks. There are requests for cameras in the courtroom. There are requests to have some intriguing elements thrown out. Former Prosecutor Linda Fairstein stops by in a moment here on that case.
O'BRIEN: Also this morning, Dr. Sanjay Gupta joins us.
We're talking about something that can seem like THE most important question in the world when you're going through it, which is this -- how do you get that baby to sleep through the night?
HEMMER: How do YOU get to sleep is the more appropriate question.
O'BRIEN: Well, once they get to sleep, then you get to sleep. It's all connected.
JACK CAFFERTY, CNN CORRESPONDENT: The answer is cough syrup with codeine in it.
HEMMER: Emphasis on the codeine.
O'BRIEN: Drugging your kids -- let's see if Sanjay agrees.
CAFFERTY: It works like that.
Coming up in the Cafferty File, we were preempted by breaking news yesterday, but you don't get off that easily. We saved the stuff. Dolly Parton talking about a wardrobe malfunction of her own. Talk about shock and awe.
And fresh from a stint in prison, and considering who he's married to, singer Bobby Brown says he is Jonesing for an island vacation. He's got to get away and get some rest.
HEMMER: Shock and awe.
O'BRIEN: We will see.
CAFFERTY: Yes, Dolly Parton.
HEMMER: That's right.
CAFFERTY: One on each side.
HEMMER: That's exactly right.
CAFFERTY: This is shock and that one's awe.
HEMMER: Yes, that's right.
CAFFERTY: See, I wasn't going to do that...
O'BRIEN: A new low, I believe.
CAFFERTY: You led me into it.
HEMMER: That's right.
Now, we want to get to Iraq right now, and, again, tough news again from that country. This news broke just about an hour ago. A deadly day there for Americans. A total of 10 U.S. soldiers have been killed in a string of attacks today. Eight are dead in a car bomb attack in Mahmudiyah. That is south of Baghdad. Four others also injured in that same incident. Two other U.S. soldiers killed in separate incidents around the Baghdad area. Also, more details on ending the siege in Fallujah, possibly in a moment here. We'll get you back to Tony Perry of the "L.A. Times" there, working that story for the Marines in Fallujah.
At least two dozen people, mostly children, killed in a school bus accident in Colombia. That incident happened in a suburb north of the capital city of Bogota. Officials say a construction backhoe rolled down an embankment and hit a school bus.
The L.A. Police Department has beefed up security in shopping malls around the city. Federal officials issuing an alert about a potential threat indicating an attack on a shopping center in the West L.A. area. In a statement, officials say the information is uncorroborated and the credibility of that source is unknown.
The Bush administration kicking off an $18 million ad campaign pushing the new Medicare drug discount card for seniors. That plan includes a $600 subsidiary for low income seniors. Enrollment for the new drug card should begin on Monday, should begin working by June. Medicare will provide information on the card and post drug prices on its Web site starting today.
A small helium leak on board the Russian Soyuz spacecraft will not stop it from bringing three astronauts back to Earth. Mission control says helium used to pump fuel into the engine is leaking. They stress it's nothing to worry about just yet. The Soyuz, which has been in space for six months, scheduled to return. Two international space station residents back on Earth on Friday. A Dutchman will also be returning after a nine day mission on board the station.
8:03 now here in New York. You're up to date.
(WEATHER REPORT)
O'BRIEN: As we have reported, it has been a deadly day so far for U.S. forces in Iraq. At least 10 U.S. soldiers have died there already today.
Details now from Baghdad, where Ben Wedeman is standing by for us -- Ben, good morning. BEN WEDEMAN, CNN CORRESPONDENT: Yes, good morning, Soledad.
Yes, this is one of those bad days the coalition warned we would be having here. And about four and a half hours ago, a car bomb went off in Mahmudiyah, which is a hot spot to the south of Baghdad. That bomb killing eight U.S. soldiers with the 1st Armored Division, wounding four others.
Now, apparently the area has been secured. The wounded have been flown out by helicopter.
Now, here in Baghdad itself, in the eastern sector of the city, another U.S. soldier was killed by a rocket propelled grenade. And in Ba'qubah, which is to the northeast of Baghdad, another U.S. soldier killed. This in addition to a South African civilian shot dead in Basra. And we are hearing reports of an unspecified number of Iraqis killed at an American checkpoint outside of Fallujah.
So this is turning out to be one of those very bad days -- Soledad.
O'BRIEN: Let's talk a little bit more about Fallujah. Reports, as you well know, we've been talking about all morning. Four generals say they're going to take over the Iraqi Army there and try to make some steps towards resolution for the U.S. Marines, who are now on the outskirts of Fallujah.
What are you hearing about this and how hopeful should people be about what some have called a giant step forward and others are saying well, let's wait and see?
WEDEMAN: Well, Soledad, I just got off the phone with a senior military spokesman here in Baghdad, who underscored that there has been no deal reached, that these four generals are just another negotiating track to try to work out some sort of settlement with the insurgents. And according to that spokesman, they are dealing on a variety of tracks, using a variety of intermediaries to try to bring the situation in Fallujah under control.
But, of course, these four generals, as well intentioned as they might be, they cannot guarantee that the insurgents in Fallujah will lay down their arms, will stop attacking coalition forces in that area.
Now, there is talk about increasing the presence of Iraqi security in and around Fallujah, of giving them a greater role in the situation there. Certainly, the Americans want to minimize the number of troops they have on the ground in that very dangerous city, on the ground and very exposed, as a matter of fact.
But this senior military spokesman wants to caution that they do not have a deal or any sort of agreement with the insurgents at this point. These generals are just other way to try to work out an agreement. And we've been reporting -- we were reporting yesterday, for instance, that they don't have complete confidence in some of the other intermediaries. So they're trying everything they can to work out this problem -- Soledad.
O'BRIEN: So maybe cautiously optimistic is the words we should be using this morning.
Ben Wedeman for us out of Baghdad.
Ben, thanks -- Bill.
HEMMER: Soledad, using Ben's report as a bit of a caution right now, we want to go back to Tony Perry of the "L.A. Times."
Speaking to him about an hour ago, embedded the with U.S. Marines there in Fallujah, he was the one who was getting details from the U.S. Marines there and the commander, General James Mattis, as to how this deal might be struck.
Here is how Tony described it to us a bit earlier today.
(BEGIN VIDEOTAPE)
TONY PERRY, "LOS ANGELES TIMES": A deal has been struck between the U.S. and various Iraqi officials to end the Marine siege of Fallujah, to prevent the Marines from having to assault the downtown area to wipe out the insurgents. Instead, an offshoot of the Iraqi Army, to be called the Fallujah New Protective Army or some phrasing like that, will take over from the Marines in the next seven to 10 days.
It will be led by four former generals of the Iraqi Army. These are men who served under Saddam Hussein, known as military professionals, not men who hid behind women and children or use biological weapons, for example; men known to the Marines. These men stepped forward in the last few days finally. The Marines have been calling for some Iraqi leadership to put an Iraqi face on this problem. These men have stepped forward. They've been vetted. The Marines believe in them. They'll be watching them very, very closely.
So Iraqi forces, army forces, will be moving into Fallujah. The Marines, after a short period of time, will move out. And the insurgency problem will then become an Iraqi problem, not an American problem.
HEMMER: Tony, already there were reports today that some Marines are getting ready to pack up and head out of there and also these four Iraqi generals.
Where have they been in these negotiations throughout the past week?
PERRY: Apparently there were extensive discussions in the last couple of days through intermediaries and then face to face. I was outside the room when the head American general, Major General James Mattis, met with the four Iraqi generals, including a former three star Iraqi general, a man he knew, a man he fought against. And the two of them came out smiling. The two of them came out shaking hands.
General Mattis stood very close to his Iraqi counterpart and said, "You and I are going to make this work. We're going to do it. Anything I can do, it is now the two of us." He says, "The Americans did not come here to fight, we came here to help you. Anything I can, you contact me."
Now, General -- Major General James Mattis is a pretty tough customer. He doesn't lay down his arms easily. He clearly trusts this man and thinks this is a way out of this problem to avoid American casualties and to avoid civilian casualties.
HEMMER: And, Tony, a final question. These Iraqi soldiers, where do they come from? Are they from Fallujah or other parts of Iraq?
PERRY: As I understand it, some are from Baghdad and some of them have ties to Fallujah. One of the thinking, too, is that they know who the insurgents are. They might have been some of their subordinate officers. They know. As General Mattis told me, he said these are folks who know the difference between an Iraqi accent and a Syrian accent. In other words, they know the territory, they know the characters. They know who's doing this.
One of the first tests will be can these Iraqi generals stop the insurgents from attacking Marines, as they have been doing daily, hourly?
Now, the Marines are not going to lay down their arms. They're not going to take attacks without responding exceedingly vigorously. So we're not going to lose American lives in the interim, General Mattis said. But one test will be whether the generals can stop these attacks on the Marines.
(END VIDEOTAPE)
HEMMER: Again, Tony Perry of the "L.A. Times" embedded there with the U.S. Marines, making note there, again, the first step in the process, only the first step. And, again, a bit of caution coming out of Ben Wedeman's reporting back in Baghdad.
We will watch both areas and find out what we can figure out so far today on this -- now Soledad.
O'BRIEN: This morning, President Bush and Vice President Dick Cheney will take their turn in the spotlight of the 9/11 Commission. The Oval Office question and answer session begins in just about an hour and a half, at 9:30 Eastern time. The full 10 member Commission will take part. There is no specific time limit, but the meeting is expected to last just about two hours.
C. Boyden Gray served as White House counsel to the first President Bush and he joins us this morning from Richmond, Virginia to talk a little bit about this historic session.
Nice to see you, sir.
Thanks for being with us.
C. BOYDEN GRAY, FORMER WHITE HOUSE COUNSEL: My pleasure.
O'BRIEN: In the meeting this morning, in addition to the president and the vice president, will be Alberto Gonzalez, who is the White House counsel.
It's your old job, basically, under the first President Bush.
Give me a sense of what you think exactly his role will be.
GRAY: Well, I think his role is really over once the meeting starts. He will have had to brief or rebrief the president and the vice president to make sure that they have gone over all of the documentation that they have previously received in the first eight months of the administration. And I think he will be there to take notes, to monitor the discussion.
But the hard work he's had to do will be done. It's now up to the president and the vice president to sit down and discuss this matter with the Commission members.
O'BRIEN: So it's nothing like you see when they talk about sort of general counsel saying oh, my client's not going to answer that or oh, you know, I don't think we should go that direction? He basically sits there and just listens in?
GRAY: Yes, I think he's just going to sit there and listen in. And I don't think he'll probably say anything. He may. And they may ask him a question or two. But I don't think so. I think this will be a fairly relaxed discussion. It's not really testimony and hopefully the Commission will ask the president what his own thoughts are about improving the situation to make sure this kind of thing doesn't happen again.
He will have ideas and he should impart those to the Commission members.
O'BRIEN: As we mentioned, this is all taking place in the Oval Office. I have to imagine that a fair amount of thought goes into a location for a meeting as important and historic as this.
Why do you think the Oval Office was picked?
GRAY: Excuse me?
O'BRIEN: Forgive me, I'll repeat the question.
GRAY: Why was the Oval Office picked?
O'BRIEN: Yes. I mean, I imagine it's not just a fluke. They didn't just find an empty room to do it. That, you know, this is a historic meeting and there's a certain reason why the Oval Office, as opposed to somewhere else.
So why do you think the Oval Office?
GRAY: Well, I think it's a location that will demand the most, frankly, of the Commission members to rise to the level that this situation demands. There's something about the Oval Office -- anybody who's ever stepped inside it, even I, who would go there quite frequently, of course, I never lost the awe of that room. And I think this is going to be an important thing for the Commission members to understand the pressures on the president. And I think it will be very useful for them to be there on this historic occasion.
O'BRIEN: How unusual -- give me a sense of context or just how unusual and how extraordinary this particular kind of meeting is.
GRAY: And, you know, this...
O'BRIEN: And forgive me, we're having some satellite problems.
Let me see if I can get you back, Mr. Gray.
If you can hear me, much has been made about the historic proportions of this meeting. So give me a sense, I mean, again, since this was your job -- I'm being told we've lost our satellite there.
So we're going to see if we can get C. Boyden Gray back to talk to us about the president and the vice president now appearing in front of the 9/11 Commission.
And if you can still hear me, my apologies to you.
Technology has failed us this morning, sir.
HEMMER: That's right. The gremlins are among us.
I think that point he makes about the Oval Office is so searing, too. For a guy who's been in that room so many times to still have...
O'BRIEN: To say he's still intimidated. HEMMER: Yes, that's exactly -- and the amount of respect he offered, also, in his answer lets you know about how they feel about it, just walking in there, too.
O'BRIEN: Yes. Right.
It'll be interesting to see.
Let me see if we can still reach him.
HEMMER: Yes.
O'BRIEN: Mr. Gray, I'm not sure if you can hear me.
GRAY: I can hear you.
O'BRIEN: Oh, fantastic. Well, look at that, we've solved our technology problems, at least for the next couple of seconds.
Let me plow through and ask that question again.
I was trying to get a sense of the context of just how unusual and how extraordinary it is to have this meeting take place at all.
GRAY: Well, you have to understand the backdrop. This White House administration has given this Commission more documentation than the White House has ever given any similar body in the past -- all the president's daily briefs, some of which have been made public; public testimony by the national security adviser, which has never happened in a sort of a non-criminal context; and now the president.
And remember that President Johnson did not appear before the Warren Commission and the White House and the CIA withheld very, very important information from that Commission about the assassination attempts on Castro, which preceded President Kennedy's death.
But none of this is happening now. All of the material has been turned over and this is an extraordinary level of cooperation by this particular White House. It's called for because, indeed, this is a most extraordinary event, 9/11, and it is fairly important to make sure something like this never happens again.
O'BRIEN: The president and the vice president appearing together. And some people have suggested, primarily critics of the president, have suggested well, that'll help keep the stories straight.
What do you make of a suggestion like that?
GRAY: Well, the story, I mean, remember, the Commission now knows more than both those men combined, after having spent months reconstructing everything from every level of the various agencies, all the way down to the very, very bottom. I think the useful thing here is that on the day that this occurred, there was a lot of disconnects because the president was in Air Force One scrambling to get up in the air. Vice President Cheney was in the White House scrambling to get to a secure location. And I think it's very useful to have the two of them there to piece together what happened on that day, because they were not together in the White House.
O'BRIEN: It's just about an hour and 15 minutes away from when that meeting takes place.
C. Boyden Gray is a former White House counsel.
Thank you, sir, for your time.
Again, my apologies for our satellite technological issues this morning.
GRAY: No problem.
O'BRIEN: We sure appreciate it -- Bill.
HEMMER: In a moment here, Kobe Bryant formally answering the central charge against him within the next two weeks. We'll look at his upcoming pretrial hearing in a moment with Linda Fairstein.
O'BRIEN: And it might be the biggest challenge that faces new parents -- how do you get the baby to sleep through the night? Our series on newborns continues with some sleep training tips.
HEMMER: And we will scan the country -- sorry about that. What are the most polluted cities in the U.S.? We'll see which topped the list.
O'BRIEN: Is it New York City?
HEMMER: Am not telling.
Ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Kobe Bryant formally answers the sexual assault charge against him in a pretrial hearing next month. That should happen within the next two weeks, mid-May, in fact. Bryant's arraignment scheduled for a three day hearing in Colorado beginning on the 10th of May. He'll enter a plea during that hearing.
Linda Fairstein is a former sex-crimes prosecutor, a best selling novelist.
Her latest book is called "The Kill."
She's back with us here on "American Morning."
Good morning to you.
LINDA FAIRSTEIN, FORMER SEX-CRIMES PROSECUTOR: Hi, Bill.
HEMMER: So, we'll get the pretrial hearing the 10th of May.
When does this trial begin and is it possible what you said yesterday, that it may not be till September?
FAIRSTEIN: I would say that's a good guess. There's still evidentiary rulings to be made on these issues. It's got more complex issues, this case, than many others like it. And I think there'll be -- the hearings will finish, the judge will take some time, make a decision, write an opinion. People have summer schedules. It's usually a hard time to pick a jury. Fall, I think.
HEMMER: When does the judge make this decision and how does the judge make this decision based on the sexual history, whether or not that is to be entered as evidence into this case?
FAIRSTEIN: There are basic laws, our rape shield laws, that were passed in the last 20 years that will give him a framework. Most of us think that the people who've testified about sexual encounters that are remote in time will have no relevance at all here and the judge knows that and will keep them out. But there are a couple of allegations that involve possible intercourse within hours before or after the young lady was with Mr. Bryant. And so whether or not the prosecution can prove that injuries occurred in the hotel room with Kobe Bryant may be countered by other recent acts.
HEMMER: So if you were a defense attorney, why do you want this history in? How is it going to help your case and defend your client?
FAIRSTEIN: Well, there remote history is part of the ugly trials of these cases, where they're trying to smear the victim by saying she was promiscuous. And, you know, promiscuous women are still raped. But they would like the jury to think that if she'd been, she'd had a lot of sexual encounters before she went to the room with Kobe Bryant, she was more likely to have consented with sex -- to sex with him.
And that's why rape shield laws keep the old stuff out.
HEMMER: Now, Bryant's attorneys, they want statements out that he made to police that night.
FAIRSTEIN: Right.
HEMMER: They want this T-shirt stain with her blood, the accuser's blood, out.
FAIRSTEIN: You bet.
HEMMER: And a rape kit out.
What is a rape kit?
FAIRSTEIN: A rape kit is the way now that we collect evidence at a hospital after an exam. In this case, there's a forensic examiner, sexual assault, forensic examiner. That's a new program. It's somebody who's trained just to do the very specific not only examination of the victim, but to collect evidence from her body, really, that the lab analyzes to help determine if what happened was a crime.
HEMMER: Of those three things I mentioned, what's the chances that they are tossed out?
FAIRSTEIN: The evidence collection kit, the rape kit, comes in; and probably the T-shirt and the statements will, too. That's what these hearings are going to be about.
HEMMER: Thanks, Linda.
FAIRSTEIN: Thank you, Bill.
HEMMER: Good to see you.
Linda Fairstein.
FAIRSTEIN: All right.
HEMMER: Here's Soledad.
O'BRIEN: Still to come this morning, we'll have much more on what has become a deadly day in Iraq.
And a former nurse accused of killing dozens of patients back in court today.
That's ahead as "American Morning" continues.
(COMMERCIAL BREAK)
O'BRIEN: Time to check in with Jack and the Question of the Day.
CAFFERTY: All right, a growing number of Iraqis and Americans want U.S. troops to leave Iraq now. Fifty-seven percent of Iraqis say the troops should leave immediately, according to a CNN/"USA Today"/Gallup poll. And this was taken before the attacks in Fallujah. A "New York Times"/CBS News poll shows 46 percent of Americans say the troops should leave as soon as possible.
So the question we're asking is when is the right time for U.S. troops to leave Iraq.
At the start of the show, back at about 7:00, I said, you know, that etiquette suggests that a good guest knows when it's time to go home, which prompted this letter from DCB in Myrtle Beach, South Carolina: "A good guest would have waited to be invited. We have to leave now, even before the June 30 photo-op. The Bush regime's plot has failed. To let more Americans and Iraqis be murdered to save their pride is obscene."
Elizabeth in Toronto: "Probably for good, since realistically you need a presence in the region. But for the purposes of this war, not until the job is done and not a moment longer. If the U.S. doesn't resolve the foreign fighter situation, Iraq will never be stable. They've got to finish the job they've started and make Iraq secure."
Pat in Pompano Beach, Florida: "Bring our children home. If Iraq wants us to give our lives for their freedom, they'll have to ask us for our support. Until then, they have to learn how to fight for their own freedom. You cannot make a culture change. You have to -- they have to want to."
And Jerileah in Ridgecrest, California writes this: "Now that Iraq is a hotbed for terrorists who weren't there before, we are stuck there until we get a telegram that hell has frozen over."
Am@cnn.com the e-mail address.
HEMMER: Still trying to figure out what's going on in Fallujah. Conflicting reports at times. That general, by the way, that Marine, James Mattis, I spent six weeks with him in Afghanistan.
CAFFERTY: Yes?
HEMMER: He is one tough, crusty man.
CAFFERTY: You know, we were concerned you might decide to enlist when you were over there.
HEMMER: I thought about it.
I'll tell you what, though. Ask that guy for an interview, forget it. He'll take you to the lowest ranking member of the Marine Corps who was with him at that time. He'll take you to every 19-year- old and 20-year-old on the lines and say talk to them.
O'BRIEN: Good for him.
CAFFERTY: Yes.
O'BRIEN: That's nice to hear, I think.
HEMMER: You know, forget about me.
CAFFERTY: That's not the way it works in the private sector, is it?
O'BRIEN: Exactly. He could teach a lesson or two to some other folks, couldn't he?
HEMMER: Looking forward to shock and awe, by the way, too.
CAFFERTY: Oh, man.
HEMMER: In a moment here, you mentioned these poll numbers, too. Surprising numbers, too, from the Iraqis, their views on the war. What they had to say could be bad news for a new Iraqi army, we're told. Live to Baghdad for reaction on that when we continue in a moment, right after this.
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