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Nuclear Material Lost in Iraq; Troops in Iraqi Disobey Orders

Aired October 16, 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.


BETTY NGUYEN, CNN ANCHOR, CNN SATURDAY MORNING: From the CNN Center, this is CNN SATURDAY MORNING. It is October 16th. Can you believe halfway through the month already. It is 8 a.m. here in CNN's headquarters in Atlanta; 5 a.m. on the West Coast.
Good morning, everyone. I'm Betty Nguyen.

TONY HARRIS, CNN ANCHOR, CNN SATURDAY MORNING: I'm Tony Harris. Thank you for being with us.

NGUYEN: An assassination in Iraq this morning. Gunmen have killed an education official in the northern city of Kirkuk. An Iraqi National Guard officer says the unidentified attackers pulled the man from the car and shot him in front of his children.

Also, one U.S. soldier is dead after a car bombing attack in Mosul. Officials say the soldier died of wounds sustained in the attack on his military convoy.

Meanwhile, the smoke just beginning to clear after powerful explosives rocked five Christian churches in Baghdad. Officials say no one was hurt, but the blast caused heavy damage.

In Afghanistan now, two U.S. troops are dead after an attack on their convoy. Officials say the soldiers' convoy hit with an improvised explosive device in a south central province. The military is investigating.

George Bush and John Kerry will fly in opposite directions today and still stump in battleground states, Bush in Florida, Kerry in Ohio. The two are focusing more and more on domestic issues with just over two weeks ago until Election Day.

And a Russian Soyuz spacecraft docks with the International Space Station delivering a fresh two-man crew to that station. The Russian and the American who has been there for six months will return to Earth with a Soyuz pilot.

HARRIS: Here is what is in store for you this hour. Did they follow their orders of just stage an orderly protest? That's what the military is trying to figure out after some Army Reservists in Iraq failed to deliver. That story coming up in minutes.

It's not a "Twilight Zone" episode, but some say there are eerie similarities, voting irregularities in Florida. Not in 2000, but today. We'll explore it our "Legal Briefs".

Martha Stewart is living behind bars, but she is still sending messages to the outside world. We'll tell you what the woman famous for her baking is saying about Camp Cupcake.

NGUYEN: First this hour, a dangerous mission and a possible rebellion.

A band of Army Reservists in Iraq were assigned to a task to deliver fuel to a danger zone. Now controversy ignited after some of those soldiers allegedly refused to comply. Sergeant Larry McCook is one of the soldiers involved. Speaking to CNN, the soldier's wife said, the group is being punished for not going out on a dangerously unsafe mission.

(BEGIN VIDEO CLIP)

ANN MCCOOK, WIFE OF SGT. LARRY MCCOOK: On Wednesday morning, my husband called me about 5:12 in the morning. He said, wake up, baby, wake up. Listen, I have something to tell you. It is very important. The military doesn't want the story to get out, but I need you to write this down.

We have been arrested due to not following orders to go to a mission that is unsafe. Our vehicles are unsafe. And they're not up to par. He said, they have arrested us, taken us out of our trailers, put us in tents with armed military police guards.

(END VIDEO CLIP)

NGUYEN: Specialist Amber McClenny left this frantic message on her mother's answering machine concerning the same incident.

(BEGIN AUDIO CLIP)

VOICE OF SPEC. AMBER MCCLENNY: Hi, Mom. This is Amber. This is a real, real big emergency. I need you to contact someone. I mean, raise pure hell. They yesterday we refused to go on a convoy to Tajih, (ph) which is above Baghdad.

(END AUDIO CLIP)

NGUYEN: Now, in a statement the military says, quote, "This is an isolated incident. And is far too early in the investigation to speculate as to what happened, why it happened, or any action that might be taken. It is important to note that the mission in question was carried out using other soldiers from the unit."

HARRIS: The U.N.'s nuclear watchdog says that equipment and materials that could be used to make atomic weapons have vanished from Iraq. Now the International Atomic Energy Agency concerned about proliferation. Terence Taylor is a former chief U.N. weapons inspector. He joins us from Washington, D.C.

Terence, good morning.

TERENCE TAYLOR, FMR. U.N. WEAPONS INSPECTOR: Good morning to you.

HARRIS: Well, Terence, what do you make of this? Particularly of this letter the IAEA to the Security Council.

TAYLOR: Well, this letter says that the IAEA is very concerned that equipment's been removed from Iraq without any explanation. They've noted through satellite imagery obtained from commercial sources, that complete buildings appear to have been dismantled. And they are concerned that the machinery in them, which is high-quality precision machinery, which is suitable for use for manufacturing nuclear weapons, has disappeared. And they're not -- it's not clear where it's gone.

Also, machinery could be used for other industrial purposes, as well. It has a high value.

HARRIS: So, Terence, we don't know where it's going. Do we know who might be responsible?

TAYLOR: That's hard to tell. I mean, other reports indicated that much of this machinery might have disappeared in the immediate aftermath of the military campaign in 2003. But that's hard to really ascertain whether that's really the case.

The United States forces removed a lot of radioactive material, about 1.8 metric tons of the material and lots of radioactive sources. So radioactive material it seems was removed and made secure by the coalition forces. But some remains and that appears to be secure at the moment.

HARRIS: The United States, of course, is a permanent member of the Security Council. They have access to this letter. What has been the U.S. response?

TAYLOR: Well, there hasn't been much of a public response. I know that the State Department spokesman, Richard Boucher, some days ago said if there was missing equipment, it has gone in the immediate aftermath of the military campaign. And they had worked very carefully to secure all the material that remained at the cite. And I mentioned, at least the radioactive material or a bulk of it has been removed.

HARRIS: OK. Terence Taylor, a former U.N. chief weapons inspector from Washington, D.C., this morning.

Terence, thanks. Appreciate it.

TAYLOR: My pleasure.

NGUYEN: Here in the U.S., President Bush is going down South again. Hotly contested Florida will see another visit from the president today. He'll attend rallies in Fort Lauderdale, West Palm Beach, and Melbourne.

Yesterday in Iowa, the president blasted John Kerry's plans for healthcare.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Studies conducted by people who understand small businesses concluded that his plan is an overpriced albatross, that would saddle small businesses with 225 new mandates.

I have a different view. We'll work to make sure healthcare is available and affordable.

(END VIDEO CLIP)

NGUYEN: And no need to guess who's taking issue with the president's position on healthcare. Senator John Kerry is hoping for a thumbs up from here until Election Day. Kerry is hoping for some signs of approval today as he rallies voters in some heavily Republican parts of Ohio.

In an interview with CNN, the senator was asked if he can help the unemployed find jobs if he were to win the White House.

(BEGIN VIDEO CLIP)

SEN. JOHN KERRY (D), PRESIDENTIAL CANDIDATE: Directly, day one, no. I am not going to pretend that I can do that on day one. But what I can do is put in place policies that will expand the private sector, of America. And I will do that.

I'll do that by closing the tax loophole that encourages companies to go overseas. I'll do it by providing a manufacturing job credit, which could have an immediate an impact in helping companies to expand here in America.

(END VIDEO CLIP)

NGUYEN: Kerry, himself, has yet a big job ahead of him to win the government's top job. A new analysis of who's up and who's down in the electoral college shows, while Kerry gained ground but President Bush still leads 277 to Kerry's 261. And 270 are needed to win.

HARRIS: All the way down to the wire. Voter registration forms invalidated because the X didn't mark the spot. Now it is up to a court to decide if voters' rights were violated in -- guess where.

NGUYEN: Uh-huh. We'll talk about that.

Plus what Martha Stewart thinks of prison. She sends an online message to her fans.

And at the bottom of the hour, on "House Call", our Doctor Sanjay Gupta helps you get rid of your headache.

(BEGIN VIDEO CLIP)

GERRI WILLIS, CNN CORRESPONDENT: Having trouble selling your home? Your asking price may be too high. When setting the price, base it on recent sale prices of comparable homes in your neighborhood. Re-evaluate the condition of your home. Painting the exterior and interior of the home will often add thousands to a home's sale price. And market your home wisely. In addition to newspapers and the Internet, your local multiple listing service is the most effective to get the house listed with local realty agencies.

I'm Gerri Willis. And that's your "Tip of the Day".

(COMMERCIAL BREAK)

NGUYEN: As you eat your breakfast this morning, we have a treat for you. It's Jimmie Dean, of course, the sausage king himself. He will have advice on breakfast meats and some advice on life as well. That's coming up in the 9 o'clock hour of CNN SATURDAY MORNING.

HARRIS: And good morning, Cincinnati!

Senator John Kerry is campaigning across Ohio today. We will have the forecast from the Buckeye State and the rest of the country next.

(COMMERCIAL BREAK)

(WEATHER FORECAST)

HARRIS: Well, the Army is investigating reports that several members of a supply platoon in Iraq refused to undertake a convoy mission. The soldiers -- Reservists from a South Carolina unit, reportedly complained that their unarmored vehicles were in disrepair.

President Bush's top political strategist Karl Rove testified yesterday, before a grand jury, trying to learn who leaked the name of a covert CIA agent. Rove is not talking to reporters but his lawyer says he testified voluntarily.

And Michael Jackson, who is charged with child molestation said attorney Steve Cochran has taken a temporary leave of absence from his defense team. Jackson says Cochran left the team for his own confidential reasons.

NGUYEN: Well, contraception and faith, when individuals get caught right in the middle. Does the law favor one side more than the other? We will ask our legal experts.

Also, Martha Stewart can't hold press conferences for awhile, but she is still getting her message out from behind prison walls. Find out what she thinks about her first week at what's is being called Camp Cupcake.

NGUYEN: We want to hear from you this morning. Are you concerned about the flu vaccine shortage this year? E-mail us at wam@cnn.com. We'll read those responses on the air.

(COMMERCIAL BREAK)

NGUYEN: Three cases on the docket this morning. First, a pharmacist is in trouble for refusing to fill a birth control prescription because of moral objections.

A Wisconsin druggist faces the loss of his license for not filling the request of a college student in July of 2002. The pharmacist also refused to release the information so that patient could get the birth control pills elsewhere.

Then, there's the Bill O'Reilly lawsuit. A co-worker is accusing the popular talk show of sexual harassment and she has taken her case to court. O'Reilly has sued the woman and lawyer charging extortion. The woman's also a former CNN employee.

And in Florida, more accusations of voting rights abuses. This time, a lawsuit filed against the Sunshine State claims that election officials used technicalities to reject more than 10,000 voter registration applications.

So, joining us this morning to weigh in on all these cases civil liberties attorney Lida Rodriguez-Taseff and former prosecutor Nelda Blair.

Good morning to you both.

LIDA RODRIGUEZ-TASEFF, CIVIL LIBERTIES ATTORNEY: Good morning.

NELDA BLAIR, FORMER PROSECUTING ATTORNEY: Good morning.

NGUYEN: We have a lot to talk about. So let's get started with the pharmacist story first.

He refused to fill a college student's prescription for birth control pills, saying that it was against his religion. But he also did not release that prescription so that the student could get those pills at another pharmacy. How strong of a case does this student have?

And, Lida, let's start with you.

RODRIGUEZ-TASSEF: Well, she has a very, very strong case. He should lose the license and he shouldn't lose it because he refused to fill the prescription. OK, he has right to do that. But he had the obligation to release the prescription so she could get it filled by someone. And he also had the obligation to inform her that she could get her birth control pills at the an emergency room.

He did neither of those things and that's why he should be punished.

NGUYEN: Nelda, what about the pharmacist's right to religious freedom?

BLAIR: He does have that right under the First Amendment of the Constitution. He has the right to his own religious beliefs.

And I hate to agree with Lida first thing in the morning.

NGUYEN: Uh-oh. RODRIGUEZ-TASSEF: It's too early.

BLAIR: But the First Amendment does protect that. And actually the pharmacy laws also protect him from filing prescriptions that he did not think are correct. He described contraception as evil when he testified.

But he did go too far. Not only did he not help her, he also asked her questions about why she was using the contraceptives that are really private between her and her doctor.

When another pharmacist called to fill the prescription, he refused to transfer it and saying he would just be committing a sin doing that. That's where you take it too far. When your religious beliefs put someone else in harm's way or affect their rights, that's when you crossed the line. And he did that.

NGUYEN: OK. You agree on that one.

Let's see if you agree on this next one. We're talking about Bill O'Reilly and the lawsuit filed against him by an associate producer on his show, saying that he made lewd passes at her. Listen to what the accuser had to say to CNN's Aaron Brown last night.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: He had threatened that anybody who would ever speak of it would be raked through the mud. That is evidence of this, that I was absolutely threatened. How can I say no? How can I hang up when I have been absolutely threatened?

(END VIDEO CLIP)

NGUYEN: All right. Now, we want to also show you what Bill O'Reilly's attorney, Ronald Green, had to say about this issue. In a statement, he said, "None of the actions rise to the level of unlawful activity."

So, Nelda, let's start with you. Is this a he said/she said, or is there a lot of hard evidence in this case?

BLAIR: You know what? It's depends on are there tape recordings or not.

That's what it boils down to. There's quite a bit of things such as e-mails that she sent just last month saying, oh, this is a great place, it is wonderful. The people are fun and good.

But there's also other people that may have information about whether or not O'Reilly said these things to other people, to other folks.

The problem is it is a he said/she said unless there's hard evidence. Vin Morreli, who is her lawyer, is not saying whether or not he has tapes. O'Reilly's lawyers have demanded to hear them if there are. That's what we'll find out. NGUYEN: And Lida?

RODRIGUEZ-TASSEF: You know what's funny about this is that it is not a morality issue and it is not an issue of the irony of Bill O'Reilly being caught in the situation, although that is kind of funny.

The reality is what we're talking about here is unwelcome sexual advances. If he made these sexually explicit phone calls, it still doesn't rise to the level of harassment unless they're unwelcome.

So, he's caught in a bit of a pickle. He can admit to it. The tapes come out and they say what she says they say. He can admit to immoral and rather ironic behavior in light of his position, but that would not necessarily be sexual harassment unless there's proof that they were unwelcome and that they created a hostile environment for her to work in.

BLAIR: By the way, this is only escalates because O'Reilly, of course, being a very famous person is someone unusual to accuse.

Also, he's saying he filed an extortion claim against her, a lawsuit, saying she and her lawyer have tried to extort $60 million out of him in order to keep quiet. This is only the beginning of this story.

NGUYEN: Exactly. But these back and forth lawsuits, are they headed down a road to dismissal?

RODRIGUEZ-TASSEF: Not necessarily.

BLAIR: Probably not.

RODRIGUEZ-TASSEF: Not necessarily. Not at this point, it is too soon to tell.

BLAIR: Besides, Vin Moreli, I have had cases against him before. He's a little New York bulldog. This is not his first rodeo.

NGUYEN: All right. Either way, though, the stakes are high on both sides. Is this enough to take someone's career down?

RODRIGUEZ-TASSEF: Well, you know it is not about taking his career down. It is about determining whether or not he engaged in sexual harassment.

The issue of his career has to do with the position he put himself in when he took on a certain moral stand in the eyes of the United States public. So whether or not this affects his career, has more to do with the position he has put himself in, rather than with the allegations themselves.

(CROSS TALK)

NGUYEN: We have to move on quickly. I'm sorry about that. ' Let's go to Florida. We are almost out of time. I want to get it in about the lawsuit that was filed in Florida over voter registration applications. A lot of them were turned down because of technicalities.

Let's look at some of those technicalities. By not providing a driver's license number or stating whether an applicant was convicted of a felony. Now, neither is required by law. So how strong of a case is this?

RODRIGUEZ-TASSEF: This is an incredibly strong case because these are technicalities that are keeping people from getting registered. Peoples' applications are not being processed. And this is an incredibly strong case in light of the fact that these applications were in before the deadline. These applications should be processed.

BLAIR: Lida, I think your group is in on this case lawsuit. Aren't you a little prejudiced in saying it is a great strong case?

Let me just ask you this. If people don't fill out the forms correctly, they are not allowed to register to vote. The rest of the nation votes, the rest of the nation gets it done. What is wrong with you folks in Florida?

(LAUGHTER)

RODRIGUEZ-TASSEF: Thanks, Nelda. But the bottom line is these forms are so complex that it takes an engineer to fill them out. If somebody misses one little box, that should not be grounds to reject an entire application.

BLAIR: Forty-nine other states do it.

RODRIGUEZ-TASSEF: Come on, Nel. You know very well that your forms in Texas are a lot simpler.

HUME: All right. I knew I would get you two at it.

(LAUGHTER)

BLAIR: Oh, yeah.

NGUYEN: You may agree on the first one, but that's it for you guys. The rest -- the gloves have come off obviously.

Nelda, Lida, always a pleasure. Thank you so much.

RODRIGUEZ-TASSEF: Thank you.

BLAIR: Thank you.

NGUYEN: Tony?

HARRIS: It's a little like going back to school. That's what Martha Stewart says about prison life. She is about a week into her five-month sentence in at a federal women's prison camp in West Virginia.

She says she is fitting in. In a letter posted on her Web site, Stewart writes: "The best news -- everyone is nice -- both the officials and my fellow inmates. I have adjusted and am very busy. The camp is like an old-fashioned college campus, without the freedom, of course."

We want to get back to your e-mails. Because there are a lot of people concerned about the lack of flu vaccine around the country. That there were long lines, reported throughout the country this week. And there was one doctor's office that was broken into, as you know, and the vaccine taken.

So, there are a lot of concerns. People have come to depend on that flu shot. It is in very, very short supply.

NGUYEN: We want to get to the responses from folks writing in this morning.

Brian from Virginia, Beach, writes: "I am not worried about the flu shots. If we take steps to stay healthy, like washing your hands and getting enough vitamin C, then we won't have a problem getting sick."

Interesting thought there.

HARRIS: And then we have this one: "This is a classic example of inappropriate outsourcing. One of the government's key roles is protection of the masses. The production and control of flu vaccines should be done under the CDC, not some capitalist organization. There are limits to using the private sector and here is one of many."

David, thank you for that e-mail.

NGUYEN: We appreciate all the e-mails. Keep them coming. We'll continue to read those comments on the air throughout the morning.

In the meantime, Doctor Sanjay Gupta's "Weekend House Call" looks at stopping headaches. Everyone gets them. For many, headaches are more than an inconvenience. They can be crippling. "House Call" is straight ahead.

I'm Betty Nguyen.

HARRIS: And I'm Tony Harris. Your top stories are next. Betty and I will be back at the top of the hour.

(COMMERCIAL BREAK)

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Aired October 16, 2004 - 08:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BETTY NGUYEN, CNN ANCHOR, CNN SATURDAY MORNING: From the CNN Center, this is CNN SATURDAY MORNING. It is October 16th. Can you believe halfway through the month already. It is 8 a.m. here in CNN's headquarters in Atlanta; 5 a.m. on the West Coast.
Good morning, everyone. I'm Betty Nguyen.

TONY HARRIS, CNN ANCHOR, CNN SATURDAY MORNING: I'm Tony Harris. Thank you for being with us.

NGUYEN: An assassination in Iraq this morning. Gunmen have killed an education official in the northern city of Kirkuk. An Iraqi National Guard officer says the unidentified attackers pulled the man from the car and shot him in front of his children.

Also, one U.S. soldier is dead after a car bombing attack in Mosul. Officials say the soldier died of wounds sustained in the attack on his military convoy.

Meanwhile, the smoke just beginning to clear after powerful explosives rocked five Christian churches in Baghdad. Officials say no one was hurt, but the blast caused heavy damage.

In Afghanistan now, two U.S. troops are dead after an attack on their convoy. Officials say the soldiers' convoy hit with an improvised explosive device in a south central province. The military is investigating.

George Bush and John Kerry will fly in opposite directions today and still stump in battleground states, Bush in Florida, Kerry in Ohio. The two are focusing more and more on domestic issues with just over two weeks ago until Election Day.

And a Russian Soyuz spacecraft docks with the International Space Station delivering a fresh two-man crew to that station. The Russian and the American who has been there for six months will return to Earth with a Soyuz pilot.

HARRIS: Here is what is in store for you this hour. Did they follow their orders of just stage an orderly protest? That's what the military is trying to figure out after some Army Reservists in Iraq failed to deliver. That story coming up in minutes.

It's not a "Twilight Zone" episode, but some say there are eerie similarities, voting irregularities in Florida. Not in 2000, but today. We'll explore it our "Legal Briefs".

Martha Stewart is living behind bars, but she is still sending messages to the outside world. We'll tell you what the woman famous for her baking is saying about Camp Cupcake.

NGUYEN: First this hour, a dangerous mission and a possible rebellion.

A band of Army Reservists in Iraq were assigned to a task to deliver fuel to a danger zone. Now controversy ignited after some of those soldiers allegedly refused to comply. Sergeant Larry McCook is one of the soldiers involved. Speaking to CNN, the soldier's wife said, the group is being punished for not going out on a dangerously unsafe mission.

(BEGIN VIDEO CLIP)

ANN MCCOOK, WIFE OF SGT. LARRY MCCOOK: On Wednesday morning, my husband called me about 5:12 in the morning. He said, wake up, baby, wake up. Listen, I have something to tell you. It is very important. The military doesn't want the story to get out, but I need you to write this down.

We have been arrested due to not following orders to go to a mission that is unsafe. Our vehicles are unsafe. And they're not up to par. He said, they have arrested us, taken us out of our trailers, put us in tents with armed military police guards.

(END VIDEO CLIP)

NGUYEN: Specialist Amber McClenny left this frantic message on her mother's answering machine concerning the same incident.

(BEGIN AUDIO CLIP)

VOICE OF SPEC. AMBER MCCLENNY: Hi, Mom. This is Amber. This is a real, real big emergency. I need you to contact someone. I mean, raise pure hell. They yesterday we refused to go on a convoy to Tajih, (ph) which is above Baghdad.

(END AUDIO CLIP)

NGUYEN: Now, in a statement the military says, quote, "This is an isolated incident. And is far too early in the investigation to speculate as to what happened, why it happened, or any action that might be taken. It is important to note that the mission in question was carried out using other soldiers from the unit."

HARRIS: The U.N.'s nuclear watchdog says that equipment and materials that could be used to make atomic weapons have vanished from Iraq. Now the International Atomic Energy Agency concerned about proliferation. Terence Taylor is a former chief U.N. weapons inspector. He joins us from Washington, D.C.

Terence, good morning.

TERENCE TAYLOR, FMR. U.N. WEAPONS INSPECTOR: Good morning to you.

HARRIS: Well, Terence, what do you make of this? Particularly of this letter the IAEA to the Security Council.

TAYLOR: Well, this letter says that the IAEA is very concerned that equipment's been removed from Iraq without any explanation. They've noted through satellite imagery obtained from commercial sources, that complete buildings appear to have been dismantled. And they are concerned that the machinery in them, which is high-quality precision machinery, which is suitable for use for manufacturing nuclear weapons, has disappeared. And they're not -- it's not clear where it's gone.

Also, machinery could be used for other industrial purposes, as well. It has a high value.

HARRIS: So, Terence, we don't know where it's going. Do we know who might be responsible?

TAYLOR: That's hard to tell. I mean, other reports indicated that much of this machinery might have disappeared in the immediate aftermath of the military campaign in 2003. But that's hard to really ascertain whether that's really the case.

The United States forces removed a lot of radioactive material, about 1.8 metric tons of the material and lots of radioactive sources. So radioactive material it seems was removed and made secure by the coalition forces. But some remains and that appears to be secure at the moment.

HARRIS: The United States, of course, is a permanent member of the Security Council. They have access to this letter. What has been the U.S. response?

TAYLOR: Well, there hasn't been much of a public response. I know that the State Department spokesman, Richard Boucher, some days ago said if there was missing equipment, it has gone in the immediate aftermath of the military campaign. And they had worked very carefully to secure all the material that remained at the cite. And I mentioned, at least the radioactive material or a bulk of it has been removed.

HARRIS: OK. Terence Taylor, a former U.N. chief weapons inspector from Washington, D.C., this morning.

Terence, thanks. Appreciate it.

TAYLOR: My pleasure.

NGUYEN: Here in the U.S., President Bush is going down South again. Hotly contested Florida will see another visit from the president today. He'll attend rallies in Fort Lauderdale, West Palm Beach, and Melbourne.

Yesterday in Iowa, the president blasted John Kerry's plans for healthcare.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Studies conducted by people who understand small businesses concluded that his plan is an overpriced albatross, that would saddle small businesses with 225 new mandates.

I have a different view. We'll work to make sure healthcare is available and affordable.

(END VIDEO CLIP)

NGUYEN: And no need to guess who's taking issue with the president's position on healthcare. Senator John Kerry is hoping for a thumbs up from here until Election Day. Kerry is hoping for some signs of approval today as he rallies voters in some heavily Republican parts of Ohio.

In an interview with CNN, the senator was asked if he can help the unemployed find jobs if he were to win the White House.

(BEGIN VIDEO CLIP)

SEN. JOHN KERRY (D), PRESIDENTIAL CANDIDATE: Directly, day one, no. I am not going to pretend that I can do that on day one. But what I can do is put in place policies that will expand the private sector, of America. And I will do that.

I'll do that by closing the tax loophole that encourages companies to go overseas. I'll do it by providing a manufacturing job credit, which could have an immediate an impact in helping companies to expand here in America.

(END VIDEO CLIP)

NGUYEN: Kerry, himself, has yet a big job ahead of him to win the government's top job. A new analysis of who's up and who's down in the electoral college shows, while Kerry gained ground but President Bush still leads 277 to Kerry's 261. And 270 are needed to win.

HARRIS: All the way down to the wire. Voter registration forms invalidated because the X didn't mark the spot. Now it is up to a court to decide if voters' rights were violated in -- guess where.

NGUYEN: Uh-huh. We'll talk about that.

Plus what Martha Stewart thinks of prison. She sends an online message to her fans.

And at the bottom of the hour, on "House Call", our Doctor Sanjay Gupta helps you get rid of your headache.

(BEGIN VIDEO CLIP)

GERRI WILLIS, CNN CORRESPONDENT: Having trouble selling your home? Your asking price may be too high. When setting the price, base it on recent sale prices of comparable homes in your neighborhood. Re-evaluate the condition of your home. Painting the exterior and interior of the home will often add thousands to a home's sale price. And market your home wisely. In addition to newspapers and the Internet, your local multiple listing service is the most effective to get the house listed with local realty agencies.

I'm Gerri Willis. And that's your "Tip of the Day".

(COMMERCIAL BREAK)

NGUYEN: As you eat your breakfast this morning, we have a treat for you. It's Jimmie Dean, of course, the sausage king himself. He will have advice on breakfast meats and some advice on life as well. That's coming up in the 9 o'clock hour of CNN SATURDAY MORNING.

HARRIS: And good morning, Cincinnati!

Senator John Kerry is campaigning across Ohio today. We will have the forecast from the Buckeye State and the rest of the country next.

(COMMERCIAL BREAK)

(WEATHER FORECAST)

HARRIS: Well, the Army is investigating reports that several members of a supply platoon in Iraq refused to undertake a convoy mission. The soldiers -- Reservists from a South Carolina unit, reportedly complained that their unarmored vehicles were in disrepair.

President Bush's top political strategist Karl Rove testified yesterday, before a grand jury, trying to learn who leaked the name of a covert CIA agent. Rove is not talking to reporters but his lawyer says he testified voluntarily.

And Michael Jackson, who is charged with child molestation said attorney Steve Cochran has taken a temporary leave of absence from his defense team. Jackson says Cochran left the team for his own confidential reasons.

NGUYEN: Well, contraception and faith, when individuals get caught right in the middle. Does the law favor one side more than the other? We will ask our legal experts.

Also, Martha Stewart can't hold press conferences for awhile, but she is still getting her message out from behind prison walls. Find out what she thinks about her first week at what's is being called Camp Cupcake.

NGUYEN: We want to hear from you this morning. Are you concerned about the flu vaccine shortage this year? E-mail us at wam@cnn.com. We'll read those responses on the air.

(COMMERCIAL BREAK)

NGUYEN: Three cases on the docket this morning. First, a pharmacist is in trouble for refusing to fill a birth control prescription because of moral objections.

A Wisconsin druggist faces the loss of his license for not filling the request of a college student in July of 2002. The pharmacist also refused to release the information so that patient could get the birth control pills elsewhere.

Then, there's the Bill O'Reilly lawsuit. A co-worker is accusing the popular talk show of sexual harassment and she has taken her case to court. O'Reilly has sued the woman and lawyer charging extortion. The woman's also a former CNN employee.

And in Florida, more accusations of voting rights abuses. This time, a lawsuit filed against the Sunshine State claims that election officials used technicalities to reject more than 10,000 voter registration applications.

So, joining us this morning to weigh in on all these cases civil liberties attorney Lida Rodriguez-Taseff and former prosecutor Nelda Blair.

Good morning to you both.

LIDA RODRIGUEZ-TASEFF, CIVIL LIBERTIES ATTORNEY: Good morning.

NELDA BLAIR, FORMER PROSECUTING ATTORNEY: Good morning.

NGUYEN: We have a lot to talk about. So let's get started with the pharmacist story first.

He refused to fill a college student's prescription for birth control pills, saying that it was against his religion. But he also did not release that prescription so that the student could get those pills at another pharmacy. How strong of a case does this student have?

And, Lida, let's start with you.

RODRIGUEZ-TASSEF: Well, she has a very, very strong case. He should lose the license and he shouldn't lose it because he refused to fill the prescription. OK, he has right to do that. But he had the obligation to release the prescription so she could get it filled by someone. And he also had the obligation to inform her that she could get her birth control pills at the an emergency room.

He did neither of those things and that's why he should be punished.

NGUYEN: Nelda, what about the pharmacist's right to religious freedom?

BLAIR: He does have that right under the First Amendment of the Constitution. He has the right to his own religious beliefs.

And I hate to agree with Lida first thing in the morning.

NGUYEN: Uh-oh. RODRIGUEZ-TASSEF: It's too early.

BLAIR: But the First Amendment does protect that. And actually the pharmacy laws also protect him from filing prescriptions that he did not think are correct. He described contraception as evil when he testified.

But he did go too far. Not only did he not help her, he also asked her questions about why she was using the contraceptives that are really private between her and her doctor.

When another pharmacist called to fill the prescription, he refused to transfer it and saying he would just be committing a sin doing that. That's where you take it too far. When your religious beliefs put someone else in harm's way or affect their rights, that's when you crossed the line. And he did that.

NGUYEN: OK. You agree on that one.

Let's see if you agree on this next one. We're talking about Bill O'Reilly and the lawsuit filed against him by an associate producer on his show, saying that he made lewd passes at her. Listen to what the accuser had to say to CNN's Aaron Brown last night.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: He had threatened that anybody who would ever speak of it would be raked through the mud. That is evidence of this, that I was absolutely threatened. How can I say no? How can I hang up when I have been absolutely threatened?

(END VIDEO CLIP)

NGUYEN: All right. Now, we want to also show you what Bill O'Reilly's attorney, Ronald Green, had to say about this issue. In a statement, he said, "None of the actions rise to the level of unlawful activity."

So, Nelda, let's start with you. Is this a he said/she said, or is there a lot of hard evidence in this case?

BLAIR: You know what? It's depends on are there tape recordings or not.

That's what it boils down to. There's quite a bit of things such as e-mails that she sent just last month saying, oh, this is a great place, it is wonderful. The people are fun and good.

But there's also other people that may have information about whether or not O'Reilly said these things to other people, to other folks.

The problem is it is a he said/she said unless there's hard evidence. Vin Morreli, who is her lawyer, is not saying whether or not he has tapes. O'Reilly's lawyers have demanded to hear them if there are. That's what we'll find out. NGUYEN: And Lida?

RODRIGUEZ-TASSEF: You know what's funny about this is that it is not a morality issue and it is not an issue of the irony of Bill O'Reilly being caught in the situation, although that is kind of funny.

The reality is what we're talking about here is unwelcome sexual advances. If he made these sexually explicit phone calls, it still doesn't rise to the level of harassment unless they're unwelcome.

So, he's caught in a bit of a pickle. He can admit to it. The tapes come out and they say what she says they say. He can admit to immoral and rather ironic behavior in light of his position, but that would not necessarily be sexual harassment unless there's proof that they were unwelcome and that they created a hostile environment for her to work in.

BLAIR: By the way, this is only escalates because O'Reilly, of course, being a very famous person is someone unusual to accuse.

Also, he's saying he filed an extortion claim against her, a lawsuit, saying she and her lawyer have tried to extort $60 million out of him in order to keep quiet. This is only the beginning of this story.

NGUYEN: Exactly. But these back and forth lawsuits, are they headed down a road to dismissal?

RODRIGUEZ-TASSEF: Not necessarily.

BLAIR: Probably not.

RODRIGUEZ-TASSEF: Not necessarily. Not at this point, it is too soon to tell.

BLAIR: Besides, Vin Moreli, I have had cases against him before. He's a little New York bulldog. This is not his first rodeo.

NGUYEN: All right. Either way, though, the stakes are high on both sides. Is this enough to take someone's career down?

RODRIGUEZ-TASSEF: Well, you know it is not about taking his career down. It is about determining whether or not he engaged in sexual harassment.

The issue of his career has to do with the position he put himself in when he took on a certain moral stand in the eyes of the United States public. So whether or not this affects his career, has more to do with the position he has put himself in, rather than with the allegations themselves.

(CROSS TALK)

NGUYEN: We have to move on quickly. I'm sorry about that. ' Let's go to Florida. We are almost out of time. I want to get it in about the lawsuit that was filed in Florida over voter registration applications. A lot of them were turned down because of technicalities.

Let's look at some of those technicalities. By not providing a driver's license number or stating whether an applicant was convicted of a felony. Now, neither is required by law. So how strong of a case is this?

RODRIGUEZ-TASSEF: This is an incredibly strong case because these are technicalities that are keeping people from getting registered. Peoples' applications are not being processed. And this is an incredibly strong case in light of the fact that these applications were in before the deadline. These applications should be processed.

BLAIR: Lida, I think your group is in on this case lawsuit. Aren't you a little prejudiced in saying it is a great strong case?

Let me just ask you this. If people don't fill out the forms correctly, they are not allowed to register to vote. The rest of the nation votes, the rest of the nation gets it done. What is wrong with you folks in Florida?

(LAUGHTER)

RODRIGUEZ-TASSEF: Thanks, Nelda. But the bottom line is these forms are so complex that it takes an engineer to fill them out. If somebody misses one little box, that should not be grounds to reject an entire application.

BLAIR: Forty-nine other states do it.

RODRIGUEZ-TASSEF: Come on, Nel. You know very well that your forms in Texas are a lot simpler.

HUME: All right. I knew I would get you two at it.

(LAUGHTER)

BLAIR: Oh, yeah.

NGUYEN: You may agree on the first one, but that's it for you guys. The rest -- the gloves have come off obviously.

Nelda, Lida, always a pleasure. Thank you so much.

RODRIGUEZ-TASSEF: Thank you.

BLAIR: Thank you.

NGUYEN: Tony?

HARRIS: It's a little like going back to school. That's what Martha Stewart says about prison life. She is about a week into her five-month sentence in at a federal women's prison camp in West Virginia.

She says she is fitting in. In a letter posted on her Web site, Stewart writes: "The best news -- everyone is nice -- both the officials and my fellow inmates. I have adjusted and am very busy. The camp is like an old-fashioned college campus, without the freedom, of course."

We want to get back to your e-mails. Because there are a lot of people concerned about the lack of flu vaccine around the country. That there were long lines, reported throughout the country this week. And there was one doctor's office that was broken into, as you know, and the vaccine taken.

So, there are a lot of concerns. People have come to depend on that flu shot. It is in very, very short supply.

NGUYEN: We want to get to the responses from folks writing in this morning.

Brian from Virginia, Beach, writes: "I am not worried about the flu shots. If we take steps to stay healthy, like washing your hands and getting enough vitamin C, then we won't have a problem getting sick."

Interesting thought there.

HARRIS: And then we have this one: "This is a classic example of inappropriate outsourcing. One of the government's key roles is protection of the masses. The production and control of flu vaccines should be done under the CDC, not some capitalist organization. There are limits to using the private sector and here is one of many."

David, thank you for that e-mail.

NGUYEN: We appreciate all the e-mails. Keep them coming. We'll continue to read those comments on the air throughout the morning.

In the meantime, Doctor Sanjay Gupta's "Weekend House Call" looks at stopping headaches. Everyone gets them. For many, headaches are more than an inconvenience. They can be crippling. "House Call" is straight ahead.

I'm Betty Nguyen.

HARRIS: And I'm Tony Harris. Your top stories are next. Betty and I will be back at the top of the hour.

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