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American Morning

Senate Hears Testimony From General Whose Report Brought Photo Scandal to Light

Aired May 11, 2004 - 07:00   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.


BILL HEMMER, CNN ANCHOR: Good morning. The U.S. general who called abuses at Abu Ghraib Prison sadistic now before a Senate committee today. Will more shocking photos be released?
The president's approval ratings at an all-time low for his presidency, but is that really helping Senator John Kerry?

And a hard job of clean-up ahead. A string of tornados rolling across the plains on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.

SOLEDAD O'BRIEN, CNN ANCHOR: Good morning, welcome everybody.

Other stories that we're following this morning. A question of compensation for people who are suffering abuse in Iraqi prisons.

Are the Iraqis being treated better by the U.S. government than Americans who suffered similar fate? In just a few moments we're going to talk with a former American POW who has now sent a letter of protest to the secretary of defense.

HEMMER: Also on a much different topic today, our conversation with Brad Pitt -- in New York City last night with Jennifer Anniston -- the premier of the latest film "Troy" out this weekend. They spent a lot of money to make this thing. It's an epic film that's got a great cast...

O'BRIEN: Is it good? You saw it.

HEMMER: I liked it. I think it's more of a guy film than a chick flick. Shall I say that?

JACK CAFFERTY, CNN ANCHOR: Was it as good as riding with...

HEMMER: I guess I did.

CAFFERTY: Riding with the whales?

HEMMER: "Whale Rider." Right, Cafferty.

(LAUGHTER)

HEMMER: Good morning. CAFFERTY: Good morning. 1968 the Tet Offensive considered a pivotal event in galvanizing opinion against the war in Vietnam.

There are some new poll numbers out this morning that suggest the Iraqi prisoner abuse scandal might have the same effect on the war in Iraq. We'll take a look.

O'BRIEN: All right, interesting, thank you Jack.

Top stories now. U.S. troops have launched an operation outside -- near -- Najaf, Iraq. Senior coalition officials saying forces there killed 13 insurgents in overnight clashes there believed to be members of the Mahdi Army loyal to the radical cleric Muqtada al-Sadr.

Some 14 others were detailed overnight. In the Middle East a deadly battle after Israeli troops launched an incursion in Gaza. Six Israelis were killed in bombs detonated beneath a troop transport.

Israeli soldiers continue to battle the gunmen overnight, firing from helicopters and tanks. At least five Palestinians were killed, some 40 others were injured.

In Colorado NBA star Kobe Bryant faced his accuser for a second time in court. The woman slipped in to observe the pre-trial hearing yesterday. A judge is still considering whether her sexual history and information about her mental well-being should be admissible in trial.

Bryant's arraignment is expected either today or tomorrow, and he's expected to plead not guilty to one charge of sexual assault.

Also in Colorado, some severe weather as at least seven tornadoes touched down across the state. There was a close call in Albert County outside of Denver.

A farmhouse and a barn were destroyed, but the family living there reported safe this morning. And there were also reports of some baseball-sized hail in some areas -- can you imagine? I mean...

HEMMER: Look at that video there.

O'BRIEN: Unbelievable.

HEMMER: Those tornadoes look to be absolutely huge as they move across the plains. Not quite sure if the bottom of your screen if it's the same at the top, you know...

(WEATHER REPORT)

HEMMER: Just as it did last Friday morning with that appearance by Defense Secretary Donald Rumsfeld, the center of the Iraqi prisoner abuse storm swirls again today around Capitol Hill.

The Senate Armed Services Committee will take testimony from the general whose report brought the scandal to light.

Let's start at the Pentagon and Barbara Starr with more there. Good morning.

BARBARA STARR, PENTAGON CORRESPONDENT: Good morning to you, Bill.

Well, just a couple of hours before that hearing begins, the Bush administration is still struggling with whether to release hundreds of additional pictures to both Congress and the public.

(BEGIN VIDEOTAPE)

STARR: Maj. Gen. Antonio Taguba will be the lead witness in a day of testimony before the Senate Armed Services committee. Several military officers and civilian intelligence officials now being called to tell what they knew about abuse of detainees in Iraq.

The Senate hearing will be the first public airing of the classified report by Taguba investigating the alleged abuse of Iraqis at Abu Ghraib Prison.

One key question will be were the military police really acting under orders from military intelligence officers.

That report found that between October and December 2003, there were numerous incidents of sadistic, blatant, and wanton criminal abuses inflicted on several detainees.

SEN. CARL LEVIN (D) MICHIGAN: General Taguba's investigation, as reported, paints an alarming picture of abuse and humiliation of Iraqi prisoners. It has enraged people here at home and throughout the civilized world.

STARR: In Baghdad, still an effort to move forward by the general now in charge of prison operations.

MAJ. GEN. GEOFFREY MILLER, U.S. ARMY: We are moving as rapidly as we possibly can to find the truth and also to provide appropriate safeguards for the rights of those who are being investigated.

(END VIDEOTAPE)

STARR (on camera): Not only are there photographs, but also now a number of computerized video clips, one source saying they also show disturbing and humiliating behavior against Iraqi prisoners, some of it of a sexual nature -- Bill.

HEMMER: Yesterday, Barbara, you are well aware, the president was at the Pentagon showing strong support for Secretary Rumsfeld. Are there still questions about his leadership ability at the Pentagon today?

STARR: We've spoken to some of the secretary's most senior aides, and what they tell us again is that it will be Don Rumsfeld who will evaluate whether he thinks he can continue to be effective in the job, that he constantly evaluates this, and if and when he decides that this scandal has overtaken his ability to function as secretary of defense and to do and accomplish what he wants to, then he will be the one to evaluate that.

Of course, always that he serves at the pleasure of the president, but a clear hint here that Don Rumsfeld is thinking about his own effectiveness in the job.

HEMMER: Barbara Starr from the Pentagon this morning.

Live coverage later today. Maj. General Antonio Taguba's testimony starts at 9:30 a.m. Eastern time before the Senate Armed Services Committee again. We will be there live for you -- Soledad.

O'BRIEN: Weeks of bad news out of Iraq have done a number on the president's approval rating and support for the war as well.

They've hit new lows, but the latest CNN/USA Today/Gallup poll suggests that the slippage actually has a silver lining for the Bush campaign. It shows President Bush with a slight lead over Democratic challenger Senator John Kerry.

CNN's senior political analyst Bill Schneider joins us from Washington to break down some numbers. Bill, good morning, nice to see you as always.

WILLIAM SCHNEIDER, CNN SR. POL. ANALYST: Good morning, Soledad.

O'BRIEN: Let's start a little bit with that what we call the silver lining there.

A moment ago, John Kerry not really seeing a boost from the slippage that we're seeing in the president's numbers. Why not?

SCHNEIDER: Well, it looks like the voters don't really know enough about Kerry and particularly whether he has the strong leadership at a time of uncertainty.

You know, this election is supposed to be a referendum on George Bush. But the Bush administration has spent a lot of money on ads raising questions about Kerry, so at this point, while Bush's numbers are dropping in our poll, the fact is voters don't yet have enough confidence in Kerry that they feel that they can vote for him as alternative because the Bush campaign has raised some serious questions.

O'BRIEN: Lowest approval ratings for the president now at 46 percent a week ago, it was 49 percent and that three percent difference really is within the standard of deviation, so I don't know that -- how significant that is, although you look at the figures back in January -- 60 percent.

So does it really matter -- I mean what you're seeing with that three percent difference?

SCHNEIDER: Oh, it does matter. When numbers are dropping like that over the long term that's a sign of trouble.

It's not the three percent in the last week or so, but it's the long-term trend from 60 down to 46 percent.

Below 50 percent it means most voters are prepared to vote against the reelection of the president and even though at this point as we saw they're not yet prepared to say they're going to vote for John Kerry, the fact is support for President Bush is weakening by the day. Especially with these revelations and that cannot be a good sign for the White House.

O'BRIEN: In fact, amidst all these revelations about Iraqi prisoner abuse, the president came out very strongly in favor of his secretary of defense. What are the polls say about what Americans think of the job that Secretary Rumsfeld is doing?

SCHNEIDER: Well, they're split over Secretary Rumsfeld's job, but when we asked him do you think Secretary Rumsfeld should resign the answer perhaps surprisingly is two to one no. Should Bush fire Rumsfeld there it is now -- the answer by over two to one is no.

That's a bit surprising. But there is an explanation. Americans believe these horrifying abuses were not military policy, but a violation of military policy.

The public says they were isolated incidences, the soldiers were acting on their own; they were not following orders. They see them as incidences of rogue criminality rather than a policy set on high.

You know, there's several investigations going on right now as to whether there really was a policy that either allowed or permitted or even required this kind of abuse. If that's the case, if that shows up as a reality, then I think there'll be political explosion.

O'BRIEN: Forty-four percent of those polled say the war was worthwhile. How problematic is that for a president who is running essentially on his war record and campaigning as a war president?

SCHNEIDER: Well, it means the war issue is no longer an advantage; it's a liability for the president. Most Americans are now prepared to say it was not worth going to war in Iraq.

What Americans want in Iraq right now is an exit strategy. They believe that with more and more Americans getting killed since the Iraqi insurrection began about a month ago and now especially with the evidence that American soldiers are being corrupted over there, I think the prevailing sentiment is get us out of there as quickly as possible as long as we leave that situation stable so that it becomes -- doesn't become a nest of terrorists. But the war, which was an advantage for Bush for the past year, is turning now into a liability.

O'BRIEN: Bill Schneider with a look at some of the new poll numbers. Bill, thanks.

SCHNEIDER: Sure.

O'BRIEN: Vice-President Dick Cheney will get a check-up this morning. Doctors will see how his high-tech pacemaker is working. He's had four heart attacks; none while serving as VP, though. Yesterday he was on the campaign trail in Maine, praising President Bush's leadership.

(BEGIN VIDEO CLIP)

DICK CHENEY, VICE-PRESIDENT OF THE UNITED STATES: I believe the American people can be confident of a better future, a stronger economy, and greater security against the dangers of our new era because of the character and the leadership of our president George W. Bush.

(END VIDEO CLIP)

O'BRIEN: Meanwhile, Democratic presidential candidate John Kerry campaigned in Pennsylvania. He's pushing his health care proposal to reduce soaring insurance premiums -- Bill.

HEMMER: Money talk now. Stocks tumbled around the world yesterday. The Dow dropping below 10,000 for the first time this year.

What happened and how concerned should investors be? Andy Serwer checks in now at 12 minutes past the hour -- it's early for you -- good morning.

ANDY SERWER, "FORTUNE" MAGAZINE: Good morning.

HEMMER: What happened?

SERWER: Lot of big questions out there, and it's ironic because the economy has been picking up, but with that picking up economy you've got higher prices, inflation, higher interest rates coming and that's the steady drum beat that investors have been responding to.

We did close below 10,000 for the first time since mid-December and you can see here in the market has gone up and the market has gone back down.

Professional investors selling risky stuff and the Fed will want to be raising rates here to keep the economy from over heating; that's what's really going on.

Also fears of Iraq, situation in China, there are concerns about that as well -- is there a bubble there? The Dow down in triple digits. And what should investors do?

Well, I think really sit tight here a little bit. You want to be sure that you're not locked in to long-term bonds and not in risky stuff.

Steady stocks like Wal-Mart, that was actually even up yesterday and the market tends to do badly going into a rate hike and then actually OK after a rate hike.

So you can see that happening here perhaps and right now already you're seeing futures up this morning so if you're looking to sell you may be selling into a rally this morning and you may be a little bit late.

HEMMER: Keep that in mind. You're saying July and August still to watch for interest rates who may move at that point?

SERWER: Well we're either going to see the Fed hike in June or in August, Bill.

HEMMER: Good deal, thanks.

SERWER: OK.

HEMMER: You've got it, Andy. Much more later with you also talk about Delta today, too. So we'll get into that.

SERWER: That's right.

HEMMER: All right, Soledad.

O'BRIEN: Still to come this morning, the president backs his defense secretary, but how many more photos of the prisoner abuse scandal are still to come?

And, how should they be released, if at all? We're going to take you live to the White House for a look at that this morning.

HEMMER: Also, some say a surprise appearance yesterday from one person at Kobe Bryant's trial -- today he may enter that plea in his sexual assault matter. Both sides come to an agreement at least on one point. We'll get to all of that live in Eagle in a moment.

O'BRIEN: And Brad Pitt talks with us about "Troy," one of the year's most anticipated films and a among the most expensive ever made.

That's ahead as AMERICAN MORNING continues right after this short break.

(COMMERCIAL BREAK)

HEMMER: Kobe Bryant could enter a plea in his sexual assault case as early as today and in somewhat of a surprise appearance, his accuser showed up in court during yesterday's hearing.

Sources also telling CNN that both sides now have agreed to start that trial in the month of August. Adrian Baschuk is live in Eagle, Colorado with more from there this morning -- good morning Adrian.

ADRIAN BASCHUK, CNN: Good morning to you, Bill.

Before yesterday, Kobe Bryant's accuser made only one court appearance, but it was a scripted move. Yesterday caught at least the media completely by surprise.

(BEGIN VIDEOTAPE)

BASCHUK: It was unorthodox, but it was her choice. Kobe Bryant's accuser sat in on court proceedings for two hours. We are not showing her face, but here you can see her leaving the courtroom.

KAREN SALAZ, EAGLE COUNTY, COLO. COURT SPOKESWOMAN: The judge weighs the options and what the different -- you know -- impact would be and it was obviously a call that he said it was appropriate.

BASCHUK: Also Monday the court plan for trial was revealed. Sources familiar with the proceedings confirmed that lawyers from both sides and the judge have agreed the trial will start in August, but experts warn there could be delays.

LARRY POZNER, CRIMINAL DEFENSE ATTORNEY: If the prosecution doesn't like the judge's rulings on the rape shield hearings, they can take an appeal and it might knock the trial date off the calendar anyway.

BASCHUK: By late morning today the judge will finally open the courtroom doors to the public, where various arguments will be heard, including the defense's motion to bar the prosecution from calling Bryant's accuser a, quote, victim in open court. Experts note it's a charged legal and ethical debate.

POZNER: She isn't a victim, she's an accuser.

CRAIG SILVERMAN, FMR. DENVER DEP. DISTRICT ATTORNEY: Here there is an issue as to whether she is the victim or perhaps Kobe Bryant's the victim of a false allegation.

BASCHUK: False or not, by the end of Wednesday's hearing, Kobe Bryant must enter a plea of guilty or not guilty.

(END VIDEOTAPE)

BASCHUK (on camera): Now the judge said that he may get to Bryant's arraignment by the end of today, canceling tomorrow's hearing, taking a huge load off of Kobe Bryant's shoulders as he's got to fly back to L.A. for game four against the Spurs tonight.

HEMMER: Adrian Baschuk in Eagle, Colorado -- Soledad.

O'BRIEN: Well Scott Peterson's lawyers want his trial moved to Los Angeles. They're expected to ask for another change of venue today.

The case has already been moved once from Peterson's hometown of Modesto, California about 90 miles away to Redwood City.

Rusty Dornin has the story this morning.

(BEGIN VIDEOTAPE)

RUSTY DORNIN, CNN: Defense attorney Mark Geragos claims Scott Peterson can't get a fair trial in Redwood City, California because of perspective jurors like this one.

EDUARDO GONZALEZ, DISMISSED JUROR: With all this publicity surrounding his case, I don't think I could form a fair and impartial opinion.

DORNIN: Geragos claimed this woman being chased by reporters was a so-called stealth juror, one of two he believes he caught during the past two months of jury selection.

MARK GERAGOS, DEFENSE ATTORNEY: She was determined to get onto this jury so that she could send my client to the gallows and that to happen in this day and age in California is the most frightening thing.

DORNIN: Geragos wants the case sent to Los Angeles. He says Redwood City is too close to Modesto, Scott and Laci Peterson's hometown.

GERAGOS: This market has been totally saturated. This jury pool has been polluted.

DORNIN: Prosecutors argue the pre-trial publicity is so massive it wouldn't matter where the trial was held.

Sixty-six jurors have qualified so far. This week another 150 were called. A second venue change is highly unlikely say some legal experts who add Geragos may have another agenda anyway.

CHUCK SMITH, FORMER PROSECUTOR: I don't think he realistically thinks its going to be sent to Los Angeles so what he's vying for instead is to get some more preemptory challenges which would give him an advantage in the selection of the ultimate jury.

DORNIN: Both sides have twenty preemptory challenges; that's when either side can have a perspective juror ejected without stating why. Geragos has asked for an extra ten. It's completely up to the judge's discretion but observers say it would be highly unusual. If the judge turns down the change of venue request, Geragos is expected to appeal immediately.

Rusty Dornin, CNN, San Francisco.

(END VIDEOTAPE)

O'BRIEN: Scott Peterson is charged with the murder of his wife and unborn child and he could face the death penalty or life without parole if he's found guilty.

HEMMER: In a moment here, more on the widening scandal over prisoner abuse in Iraq and today's testimony and what that will matter.

Also wild weather in Colorado. At least seven twisters touching down. Some of them were enormous. The latest in a moment when we continue after this on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Presidential candidate Ralph Nader suing the state of Texas. He claims that a petition signature requirement is unconstitutional.

Yesterday, Nader's campaign filed suit with Texas election officials to get onto the state's ballot. The campaign had declared more than 64,000 votes to get on. Nader got about 50,000 -- so that case continues in the state of Texas.

O'BRIEN: Mr. Cafferty good morning.

CAFFERTY: Good morning, how you doing?

Tough fight then on the ballot down there in Texas where President Bush is from.

HEMMER: That's right.

CAFFERTY: The prisoner abuse scandal appears to be galvanizing opposition to the war in Iraq. The most recent USA Today/CNN/Gallup poll taken last weekend shows that the number of people who think it was worth going to war in Iraq is dropping like a rock.

Fifty-four percent of Americans think it wasn't worth going to war in Iraq; that is down sharply from just last December when only 33 percent said it was not worth it.

The prisoner abuse scandal is being compared by some to the 1968 Tet Offensive, which was a pivotal event in galvanizing and turning public opinion against the war in Vietnam in this country.

The question this morning, boys and girls, is this: has the prisoner abuse scandal changed your view of the war in Iraq? You can e-mail us at am@cnn.com and we'll share some of your stuff later.

O'BRIEN: It's been interesting to look at some of these poll numbers because in some ways they're contradictory.

You see some of -- people are shocked by these pictures clearly coming out of this abuse scandal. At the same time then you say they don't think it was a mistake to go to war and so I think that some of the answers that they're coming up with are a little bit contradictory. We'll see how it all plays out in November.

CAFFERTY: Well, yes, there are two or three issues kind of at crosscurrent with each other -- whether -- yes, it's a noble idea to go in there and get the country out from under Saddam Hussein and bring democracy and you know grow lilies in the valley and do all of that stuff but if you're -- you know if you're sikking dogs on naked guys while people stand around clapping and taking pictures well does the means justify the end? I don't know.

O'BRIEN: And that's the "Question of the Day."

CAFFERTY: Well, that's the longer version.

HEMMER: Not the American way.

CAFFERTY: No. O'BRIEN: The lily part is out, but everything else is in. All right, thanks Jack.

Still to come this morning, U.S. abuse of Iraqi prisoners takes center stage in fact again today in Washington, D.C.

Decisions are being made on how to release more photographs. We've got details on that just ahead right here on AMERICAN MORNING.

(COMMERCIAL BREAK)

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Aired May 11, 2004 - 07:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Good morning. The U.S. general who called abuses at Abu Ghraib Prison sadistic now before a Senate committee today. Will more shocking photos be released?
The president's approval ratings at an all-time low for his presidency, but is that really helping Senator John Kerry?

And a hard job of clean-up ahead. A string of tornados rolling across the plains on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.

SOLEDAD O'BRIEN, CNN ANCHOR: Good morning, welcome everybody.

Other stories that we're following this morning. A question of compensation for people who are suffering abuse in Iraqi prisons.

Are the Iraqis being treated better by the U.S. government than Americans who suffered similar fate? In just a few moments we're going to talk with a former American POW who has now sent a letter of protest to the secretary of defense.

HEMMER: Also on a much different topic today, our conversation with Brad Pitt -- in New York City last night with Jennifer Anniston -- the premier of the latest film "Troy" out this weekend. They spent a lot of money to make this thing. It's an epic film that's got a great cast...

O'BRIEN: Is it good? You saw it.

HEMMER: I liked it. I think it's more of a guy film than a chick flick. Shall I say that?

JACK CAFFERTY, CNN ANCHOR: Was it as good as riding with...

HEMMER: I guess I did.

CAFFERTY: Riding with the whales?

HEMMER: "Whale Rider." Right, Cafferty.

(LAUGHTER)

HEMMER: Good morning. CAFFERTY: Good morning. 1968 the Tet Offensive considered a pivotal event in galvanizing opinion against the war in Vietnam.

There are some new poll numbers out this morning that suggest the Iraqi prisoner abuse scandal might have the same effect on the war in Iraq. We'll take a look.

O'BRIEN: All right, interesting, thank you Jack.

Top stories now. U.S. troops have launched an operation outside -- near -- Najaf, Iraq. Senior coalition officials saying forces there killed 13 insurgents in overnight clashes there believed to be members of the Mahdi Army loyal to the radical cleric Muqtada al-Sadr.

Some 14 others were detailed overnight. In the Middle East a deadly battle after Israeli troops launched an incursion in Gaza. Six Israelis were killed in bombs detonated beneath a troop transport.

Israeli soldiers continue to battle the gunmen overnight, firing from helicopters and tanks. At least five Palestinians were killed, some 40 others were injured.

In Colorado NBA star Kobe Bryant faced his accuser for a second time in court. The woman slipped in to observe the pre-trial hearing yesterday. A judge is still considering whether her sexual history and information about her mental well-being should be admissible in trial.

Bryant's arraignment is expected either today or tomorrow, and he's expected to plead not guilty to one charge of sexual assault.

Also in Colorado, some severe weather as at least seven tornadoes touched down across the state. There was a close call in Albert County outside of Denver.

A farmhouse and a barn were destroyed, but the family living there reported safe this morning. And there were also reports of some baseball-sized hail in some areas -- can you imagine? I mean...

HEMMER: Look at that video there.

O'BRIEN: Unbelievable.

HEMMER: Those tornadoes look to be absolutely huge as they move across the plains. Not quite sure if the bottom of your screen if it's the same at the top, you know...

(WEATHER REPORT)

HEMMER: Just as it did last Friday morning with that appearance by Defense Secretary Donald Rumsfeld, the center of the Iraqi prisoner abuse storm swirls again today around Capitol Hill.

The Senate Armed Services Committee will take testimony from the general whose report brought the scandal to light.

Let's start at the Pentagon and Barbara Starr with more there. Good morning.

BARBARA STARR, PENTAGON CORRESPONDENT: Good morning to you, Bill.

Well, just a couple of hours before that hearing begins, the Bush administration is still struggling with whether to release hundreds of additional pictures to both Congress and the public.

(BEGIN VIDEOTAPE)

STARR: Maj. Gen. Antonio Taguba will be the lead witness in a day of testimony before the Senate Armed Services committee. Several military officers and civilian intelligence officials now being called to tell what they knew about abuse of detainees in Iraq.

The Senate hearing will be the first public airing of the classified report by Taguba investigating the alleged abuse of Iraqis at Abu Ghraib Prison.

One key question will be were the military police really acting under orders from military intelligence officers.

That report found that between October and December 2003, there were numerous incidents of sadistic, blatant, and wanton criminal abuses inflicted on several detainees.

SEN. CARL LEVIN (D) MICHIGAN: General Taguba's investigation, as reported, paints an alarming picture of abuse and humiliation of Iraqi prisoners. It has enraged people here at home and throughout the civilized world.

STARR: In Baghdad, still an effort to move forward by the general now in charge of prison operations.

MAJ. GEN. GEOFFREY MILLER, U.S. ARMY: We are moving as rapidly as we possibly can to find the truth and also to provide appropriate safeguards for the rights of those who are being investigated.

(END VIDEOTAPE)

STARR (on camera): Not only are there photographs, but also now a number of computerized video clips, one source saying they also show disturbing and humiliating behavior against Iraqi prisoners, some of it of a sexual nature -- Bill.

HEMMER: Yesterday, Barbara, you are well aware, the president was at the Pentagon showing strong support for Secretary Rumsfeld. Are there still questions about his leadership ability at the Pentagon today?

STARR: We've spoken to some of the secretary's most senior aides, and what they tell us again is that it will be Don Rumsfeld who will evaluate whether he thinks he can continue to be effective in the job, that he constantly evaluates this, and if and when he decides that this scandal has overtaken his ability to function as secretary of defense and to do and accomplish what he wants to, then he will be the one to evaluate that.

Of course, always that he serves at the pleasure of the president, but a clear hint here that Don Rumsfeld is thinking about his own effectiveness in the job.

HEMMER: Barbara Starr from the Pentagon this morning.

Live coverage later today. Maj. General Antonio Taguba's testimony starts at 9:30 a.m. Eastern time before the Senate Armed Services Committee again. We will be there live for you -- Soledad.

O'BRIEN: Weeks of bad news out of Iraq have done a number on the president's approval rating and support for the war as well.

They've hit new lows, but the latest CNN/USA Today/Gallup poll suggests that the slippage actually has a silver lining for the Bush campaign. It shows President Bush with a slight lead over Democratic challenger Senator John Kerry.

CNN's senior political analyst Bill Schneider joins us from Washington to break down some numbers. Bill, good morning, nice to see you as always.

WILLIAM SCHNEIDER, CNN SR. POL. ANALYST: Good morning, Soledad.

O'BRIEN: Let's start a little bit with that what we call the silver lining there.

A moment ago, John Kerry not really seeing a boost from the slippage that we're seeing in the president's numbers. Why not?

SCHNEIDER: Well, it looks like the voters don't really know enough about Kerry and particularly whether he has the strong leadership at a time of uncertainty.

You know, this election is supposed to be a referendum on George Bush. But the Bush administration has spent a lot of money on ads raising questions about Kerry, so at this point, while Bush's numbers are dropping in our poll, the fact is voters don't yet have enough confidence in Kerry that they feel that they can vote for him as alternative because the Bush campaign has raised some serious questions.

O'BRIEN: Lowest approval ratings for the president now at 46 percent a week ago, it was 49 percent and that three percent difference really is within the standard of deviation, so I don't know that -- how significant that is, although you look at the figures back in January -- 60 percent.

So does it really matter -- I mean what you're seeing with that three percent difference?

SCHNEIDER: Oh, it does matter. When numbers are dropping like that over the long term that's a sign of trouble.

It's not the three percent in the last week or so, but it's the long-term trend from 60 down to 46 percent.

Below 50 percent it means most voters are prepared to vote against the reelection of the president and even though at this point as we saw they're not yet prepared to say they're going to vote for John Kerry, the fact is support for President Bush is weakening by the day. Especially with these revelations and that cannot be a good sign for the White House.

O'BRIEN: In fact, amidst all these revelations about Iraqi prisoner abuse, the president came out very strongly in favor of his secretary of defense. What are the polls say about what Americans think of the job that Secretary Rumsfeld is doing?

SCHNEIDER: Well, they're split over Secretary Rumsfeld's job, but when we asked him do you think Secretary Rumsfeld should resign the answer perhaps surprisingly is two to one no. Should Bush fire Rumsfeld there it is now -- the answer by over two to one is no.

That's a bit surprising. But there is an explanation. Americans believe these horrifying abuses were not military policy, but a violation of military policy.

The public says they were isolated incidences, the soldiers were acting on their own; they were not following orders. They see them as incidences of rogue criminality rather than a policy set on high.

You know, there's several investigations going on right now as to whether there really was a policy that either allowed or permitted or even required this kind of abuse. If that's the case, if that shows up as a reality, then I think there'll be political explosion.

O'BRIEN: Forty-four percent of those polled say the war was worthwhile. How problematic is that for a president who is running essentially on his war record and campaigning as a war president?

SCHNEIDER: Well, it means the war issue is no longer an advantage; it's a liability for the president. Most Americans are now prepared to say it was not worth going to war in Iraq.

What Americans want in Iraq right now is an exit strategy. They believe that with more and more Americans getting killed since the Iraqi insurrection began about a month ago and now especially with the evidence that American soldiers are being corrupted over there, I think the prevailing sentiment is get us out of there as quickly as possible as long as we leave that situation stable so that it becomes -- doesn't become a nest of terrorists. But the war, which was an advantage for Bush for the past year, is turning now into a liability.

O'BRIEN: Bill Schneider with a look at some of the new poll numbers. Bill, thanks.

SCHNEIDER: Sure.

O'BRIEN: Vice-President Dick Cheney will get a check-up this morning. Doctors will see how his high-tech pacemaker is working. He's had four heart attacks; none while serving as VP, though. Yesterday he was on the campaign trail in Maine, praising President Bush's leadership.

(BEGIN VIDEO CLIP)

DICK CHENEY, VICE-PRESIDENT OF THE UNITED STATES: I believe the American people can be confident of a better future, a stronger economy, and greater security against the dangers of our new era because of the character and the leadership of our president George W. Bush.

(END VIDEO CLIP)

O'BRIEN: Meanwhile, Democratic presidential candidate John Kerry campaigned in Pennsylvania. He's pushing his health care proposal to reduce soaring insurance premiums -- Bill.

HEMMER: Money talk now. Stocks tumbled around the world yesterday. The Dow dropping below 10,000 for the first time this year.

What happened and how concerned should investors be? Andy Serwer checks in now at 12 minutes past the hour -- it's early for you -- good morning.

ANDY SERWER, "FORTUNE" MAGAZINE: Good morning.

HEMMER: What happened?

SERWER: Lot of big questions out there, and it's ironic because the economy has been picking up, but with that picking up economy you've got higher prices, inflation, higher interest rates coming and that's the steady drum beat that investors have been responding to.

We did close below 10,000 for the first time since mid-December and you can see here in the market has gone up and the market has gone back down.

Professional investors selling risky stuff and the Fed will want to be raising rates here to keep the economy from over heating; that's what's really going on.

Also fears of Iraq, situation in China, there are concerns about that as well -- is there a bubble there? The Dow down in triple digits. And what should investors do?

Well, I think really sit tight here a little bit. You want to be sure that you're not locked in to long-term bonds and not in risky stuff.

Steady stocks like Wal-Mart, that was actually even up yesterday and the market tends to do badly going into a rate hike and then actually OK after a rate hike.

So you can see that happening here perhaps and right now already you're seeing futures up this morning so if you're looking to sell you may be selling into a rally this morning and you may be a little bit late.

HEMMER: Keep that in mind. You're saying July and August still to watch for interest rates who may move at that point?

SERWER: Well we're either going to see the Fed hike in June or in August, Bill.

HEMMER: Good deal, thanks.

SERWER: OK.

HEMMER: You've got it, Andy. Much more later with you also talk about Delta today, too. So we'll get into that.

SERWER: That's right.

HEMMER: All right, Soledad.

O'BRIEN: Still to come this morning, the president backs his defense secretary, but how many more photos of the prisoner abuse scandal are still to come?

And, how should they be released, if at all? We're going to take you live to the White House for a look at that this morning.

HEMMER: Also, some say a surprise appearance yesterday from one person at Kobe Bryant's trial -- today he may enter that plea in his sexual assault matter. Both sides come to an agreement at least on one point. We'll get to all of that live in Eagle in a moment.

O'BRIEN: And Brad Pitt talks with us about "Troy," one of the year's most anticipated films and a among the most expensive ever made.

That's ahead as AMERICAN MORNING continues right after this short break.

(COMMERCIAL BREAK)

HEMMER: Kobe Bryant could enter a plea in his sexual assault case as early as today and in somewhat of a surprise appearance, his accuser showed up in court during yesterday's hearing.

Sources also telling CNN that both sides now have agreed to start that trial in the month of August. Adrian Baschuk is live in Eagle, Colorado with more from there this morning -- good morning Adrian.

ADRIAN BASCHUK, CNN: Good morning to you, Bill.

Before yesterday, Kobe Bryant's accuser made only one court appearance, but it was a scripted move. Yesterday caught at least the media completely by surprise.

(BEGIN VIDEOTAPE)

BASCHUK: It was unorthodox, but it was her choice. Kobe Bryant's accuser sat in on court proceedings for two hours. We are not showing her face, but here you can see her leaving the courtroom.

KAREN SALAZ, EAGLE COUNTY, COLO. COURT SPOKESWOMAN: The judge weighs the options and what the different -- you know -- impact would be and it was obviously a call that he said it was appropriate.

BASCHUK: Also Monday the court plan for trial was revealed. Sources familiar with the proceedings confirmed that lawyers from both sides and the judge have agreed the trial will start in August, but experts warn there could be delays.

LARRY POZNER, CRIMINAL DEFENSE ATTORNEY: If the prosecution doesn't like the judge's rulings on the rape shield hearings, they can take an appeal and it might knock the trial date off the calendar anyway.

BASCHUK: By late morning today the judge will finally open the courtroom doors to the public, where various arguments will be heard, including the defense's motion to bar the prosecution from calling Bryant's accuser a, quote, victim in open court. Experts note it's a charged legal and ethical debate.

POZNER: She isn't a victim, she's an accuser.

CRAIG SILVERMAN, FMR. DENVER DEP. DISTRICT ATTORNEY: Here there is an issue as to whether she is the victim or perhaps Kobe Bryant's the victim of a false allegation.

BASCHUK: False or not, by the end of Wednesday's hearing, Kobe Bryant must enter a plea of guilty or not guilty.

(END VIDEOTAPE)

BASCHUK (on camera): Now the judge said that he may get to Bryant's arraignment by the end of today, canceling tomorrow's hearing, taking a huge load off of Kobe Bryant's shoulders as he's got to fly back to L.A. for game four against the Spurs tonight.

HEMMER: Adrian Baschuk in Eagle, Colorado -- Soledad.

O'BRIEN: Well Scott Peterson's lawyers want his trial moved to Los Angeles. They're expected to ask for another change of venue today.

The case has already been moved once from Peterson's hometown of Modesto, California about 90 miles away to Redwood City.

Rusty Dornin has the story this morning.

(BEGIN VIDEOTAPE)

RUSTY DORNIN, CNN: Defense attorney Mark Geragos claims Scott Peterson can't get a fair trial in Redwood City, California because of perspective jurors like this one.

EDUARDO GONZALEZ, DISMISSED JUROR: With all this publicity surrounding his case, I don't think I could form a fair and impartial opinion.

DORNIN: Geragos claimed this woman being chased by reporters was a so-called stealth juror, one of two he believes he caught during the past two months of jury selection.

MARK GERAGOS, DEFENSE ATTORNEY: She was determined to get onto this jury so that she could send my client to the gallows and that to happen in this day and age in California is the most frightening thing.

DORNIN: Geragos wants the case sent to Los Angeles. He says Redwood City is too close to Modesto, Scott and Laci Peterson's hometown.

GERAGOS: This market has been totally saturated. This jury pool has been polluted.

DORNIN: Prosecutors argue the pre-trial publicity is so massive it wouldn't matter where the trial was held.

Sixty-six jurors have qualified so far. This week another 150 were called. A second venue change is highly unlikely say some legal experts who add Geragos may have another agenda anyway.

CHUCK SMITH, FORMER PROSECUTOR: I don't think he realistically thinks its going to be sent to Los Angeles so what he's vying for instead is to get some more preemptory challenges which would give him an advantage in the selection of the ultimate jury.

DORNIN: Both sides have twenty preemptory challenges; that's when either side can have a perspective juror ejected without stating why. Geragos has asked for an extra ten. It's completely up to the judge's discretion but observers say it would be highly unusual. If the judge turns down the change of venue request, Geragos is expected to appeal immediately.

Rusty Dornin, CNN, San Francisco.

(END VIDEOTAPE)

O'BRIEN: Scott Peterson is charged with the murder of his wife and unborn child and he could face the death penalty or life without parole if he's found guilty.

HEMMER: In a moment here, more on the widening scandal over prisoner abuse in Iraq and today's testimony and what that will matter.

Also wild weather in Colorado. At least seven twisters touching down. Some of them were enormous. The latest in a moment when we continue after this on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Presidential candidate Ralph Nader suing the state of Texas. He claims that a petition signature requirement is unconstitutional.

Yesterday, Nader's campaign filed suit with Texas election officials to get onto the state's ballot. The campaign had declared more than 64,000 votes to get on. Nader got about 50,000 -- so that case continues in the state of Texas.

O'BRIEN: Mr. Cafferty good morning.

CAFFERTY: Good morning, how you doing?

Tough fight then on the ballot down there in Texas where President Bush is from.

HEMMER: That's right.

CAFFERTY: The prisoner abuse scandal appears to be galvanizing opposition to the war in Iraq. The most recent USA Today/CNN/Gallup poll taken last weekend shows that the number of people who think it was worth going to war in Iraq is dropping like a rock.

Fifty-four percent of Americans think it wasn't worth going to war in Iraq; that is down sharply from just last December when only 33 percent said it was not worth it.

The prisoner abuse scandal is being compared by some to the 1968 Tet Offensive, which was a pivotal event in galvanizing and turning public opinion against the war in Vietnam in this country.

The question this morning, boys and girls, is this: has the prisoner abuse scandal changed your view of the war in Iraq? You can e-mail us at am@cnn.com and we'll share some of your stuff later.

O'BRIEN: It's been interesting to look at some of these poll numbers because in some ways they're contradictory.

You see some of -- people are shocked by these pictures clearly coming out of this abuse scandal. At the same time then you say they don't think it was a mistake to go to war and so I think that some of the answers that they're coming up with are a little bit contradictory. We'll see how it all plays out in November.

CAFFERTY: Well, yes, there are two or three issues kind of at crosscurrent with each other -- whether -- yes, it's a noble idea to go in there and get the country out from under Saddam Hussein and bring democracy and you know grow lilies in the valley and do all of that stuff but if you're -- you know if you're sikking dogs on naked guys while people stand around clapping and taking pictures well does the means justify the end? I don't know.

O'BRIEN: And that's the "Question of the Day."

CAFFERTY: Well, that's the longer version.

HEMMER: Not the American way.

CAFFERTY: No. O'BRIEN: The lily part is out, but everything else is in. All right, thanks Jack.

Still to come this morning, U.S. abuse of Iraqi prisoners takes center stage in fact again today in Washington, D.C.

Decisions are being made on how to release more photographs. We've got details on that just ahead right here on AMERICAN MORNING.

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