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CNN Live At Daybreak
Fallout Over the Death of Ricky Hendrick; Potential Impact of Rehnquist's Cancer; Discussion of Documentary, "Rumsfeld's War."
Aired October 26, 2004 - 06:00 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.
CAROL COSTELLO, CNN ANCHOR: And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news -- the U.S. military says an air strike in Falluja has killed an associate of Abu Musab al-Zarqawi. Al-Zarqawi, as you know, heads a terrorist network in Iraq. He has a $25 million bounty on his head.
The Pentagon now looking at ways to add about 22,000 more troops in Iraq to provide security during elections next year. The "Washington Post" and "USA Today" report some troops now in Iraq would have their departures delayed, while others due to be deployed to Iraq could be sent sooner.
Later this afternoon, the Israeli cabinet is expected to approve Prime Minister Ariel Sharon's plan for withdrawing from part of Gaza. The prime minister wants Israeli settlers out of Gaza by the end of next year.
And remember that bullpen brawl in last year's American League championship series? Well, former New York Yankees players Jeff Nelson and Karim Garcia were accused of assaulting a groundskeeper. They're set to go on trial in Boston today. But prosecutors say they may drop the charges if they do community service and possibly undergo counseling.
To the forecast center.
Jacqui Jeras in for Chad today -- good morning.
JACQUI JERAS, CNN METEOROLOGIST: Well, good morning, Carol.
(WEATHER REPORT)
COSTELLO: In seven days, a week from today, Americans head to the polls. George Bush and John Kerry are using this last week to hit the states that could sway the ballots. Many of those states are in the Midwest, which Bush and Kerry are turning into a political battleground. They're making a final push to reach undecided voters.
Wisconsin is taking center stage today as George Bush and John Kerry battle for votes in the battleground state. Wisconsin has 10 electoral votes at stake. In 2000, Al Gore won the state by fewer than 6,000 votes.
Kerry arrived in the Badger State last night armed with a fresh message.
(BEGIN VIDEO CLIP)
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: We need a fresh start in America. We need a fresh start in Iraq. We need a president who will look the American people in the eye always and tell you the truth and trust you with the truth to make your decisions about our country.
(END VIDEO CLIP)
COSTELLO: No fresh starts for George Bush, as he campaigns in Wisconsin and Iowa. The president says it is vital to stay the course.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH (R), PRESIDENT OF THE UNITED STATES: On this vital front of the war on terror, protest is not a policy. Retreat is not a strategy. And failure is not an option.
(APPLAUSE)
BUSH: As long as I am the commander-in-chief, America will never retreat in the face of terrorism.
(END VIDEO CLIP)
COSTELLO: The vice presidential candidates are pressing their case on the war in Iraq. But they have widely different assessments, as you might expect.
Vice President Dick Cheney called the war a remarkable success story while speaking at a town hall style rally in Wilmington, Ohio. And then he came face to face with a grandmother in a wheelchair who lost a grandson in the war.
(BEGIN VIDEO CLIP)
PHYLLIS JOBBS, RALLY ATTENDEE: Is there any time that we know that those other guys are going to come out of Iraq and bring our children home? I have four over there, I had them there, I've got a son going back, and I had one killed. I'd like a little relief.
DICK CHENEY (R), VICE PRESIDENT OF THE UNITED STATES: Well, we appreciate very much, obviously, the sacrifice that they've made, and they've done a superb job for us, as I mentioned. I think of it in terms of when we have the capability in place so that we've completed the mission.
If you put an artificial date on it, then you end up with the terrorists just waiting until that date arrives, the Americans withdraw and then they'll reassert themselves. So, that's not acceptable. And they've got to know that we'll stay the course and that they're not going to be able to win.
(END VIDEO CLIP)
COSTELLO: In the meantime, vice presidential candidate John Edwards says the Bush administration has made a mess in Iraq by failing to establish order. And he says that has contributed to the disappearance of tons of explosives from a former military site in Iraq.
(BEGIN VIDEO CLIP)
SEN. JOHN EDWARDS (D-NC), VICE PRESIDENTIAL CANDIDATE: Apparently these are the same kind of explosives that terrorists like to use because of their power and the reality is that they didn't secure them. The Bush administration didn't secure these materials. They haven't taken the steps necessary to be successful in Iraq and we're seeing the consequences of it every single day.
(END VIDEO CLIP)
COSTELLO: For all the latest news from the campaign trail, watch "INSIDE POLITICS" with Judy Woodruff. Judy will be live from Harrisburg, Pennsylvania. And of course, that airs at 3:00 p.m. Eastern.
Crews have now recovered the bodies of 10 victims of a NASCAR team's plane crash. Weather may have played a part in Sunday's crash in the mountains around Martinsville, Virginia. The plane had no flight data recorder or cockpit voice recorder, so it's going to be a lot tougher for investigators as they look for other ways to find out what happened.
(BEGIN VIDEO CLIP)
BRIAN RAYNER, NTSB: We divide the investigation into three parts. We look at the man, the machine and the environment. In this case, we have a man and a woman in the cockpit. We have requested the training records for both pilots.
(END VIDEO CLIP)
COSTELLO: Hendrick Motorsports owner Rick Hendrick was supposed to be on that flight but he stayed home because he wasn't feeling well. His son, his brother, his two nieces all killed in the crash. Still, operations continue for employees like driver Jeff Gordon. And fans who love the sport are coming to terms with the tremendous loss to the racing community.
We get more from Mark Boone of CNN affiliate WCNC in Charlotte, North Carolina.
(BEGIN VIDEOTAPE)
MARK BOONE, WCNC CORRESPONDENT (voice-over): Wearing their team shirts and logos, employees of Hendrick Motorsports arrive at the office Monday morning, meeting behind closed doors for nearly an hour.
JIMMY GRUBBS, MINISTER: You can't replace people like this. It's not going to happen.
BOONE: Jimmy Grubbs is a minister who has worked closely with the Concord-based company. He knew most of the 10 people killed in the crash.
GRUBBS: They are NASCAR.
BOONE: NASCAR fans arriving by the carload, carrying flowers for a small roadside memorial.
UNIDENTIFIED FEMALE: It makes you feel like you're part of the family. When you meet drivers and crew members, they always say hey and talk to you.
BOONE: Most of the crew members returning to work Monday deciding they will race in next Sunday's Bass Pro Shop MBNA 500.
UNIDENTIFIED MALE: People are still trying to work and trying to stay busy with, you know, the fab shop. Some of those guys are working and that's how they work through some of this, is doing what they do best.
BOONE: One of the most successful motorsports companies now trying to regroup after losing its leaders. John and Ricky Hendrick, seen here at a company gathering last year, were the brother and son of team owner Rick Hendrick. The two men led several teams to victory lane.
With the next race just five days away, hundreds of employees are now left with little time to mourn.
UNIDENTIFIED FEMALE: You've got to go to Atlanta next week. You've got to get ready. You've got to go. You know, they'll pick themselves up and they'll go, because that's part of it.
(END VIDEOTAPE)
COSTELLO: That was Mark Boone of CNN affiliate WCNC.
No decision has been made yet on how the race team or NASCAR will honor the crash victims during Sunday's race here in Atlanta.
In other news across America now, Scott Peterson's mother and father took the stand in defense of their son. Attorney Mark Geragos used Peterson's parents to explain some of Scott's behavior. His mother testified that she gave him $10,000 of the $15,000 he was holding when he was arrested. The defense could rest its case as early as today.
Georgia's hate crimes law has been struck down as being unconstitutionally vague. The state supreme court ruled that the law could be applied to every possible prejudice, no matter how obscure. The court was reviewing a case where two people had time added to their sentence under the law. Forty-eight states have hate crimes laws, but Georgia's is the only one that does not specify who is protected. Bubba the Love Sponge is on the ballot in St. Petersburg, Florida. The former radio shock jock was fired from a Tampa radio station last year after being fined by the FCC. He's officially running for the vacant sheriff's post in Pinellas County, Florida. Todd Clem formally changed his name to Bubba the Love Sponge Clem.
Still to come on DAYBREAK, a Supreme Court justice battling illness. Why should voters take notice? That's at 6:16 Eastern.
And then the civilian who runs the military. That would be Donald Rumsfeld. A new documentary reveals the struggle at the Pentagon. I'll talk with the producer at 22 minutes past the hour.
And later, Fidel Castro cracks down on the American dollar. But could his plan backfire? That story at 52 minutes past.
But first, here's a look at what else is making news this Tuesday morning.
(COMMERCIAL BREAK)
(STOCK MARKET REPORT)
COSTELLO: Your news, money, weather and sports.
It is 6:12 Eastern.
Here's what's all new this morning.
We are learning more about those missing explosives in Iraq. NBC News reports the explosives were already gone when American troops arrived at the munitions depot the day after Baghdad fell. An NBC crew was embedded with the troops at the time.
In money news, a major merger in the steel industry could mean more stability in the U.S. job market. Mittal Steel could become the world's largest steel supplier after combining companies from several different countries, including the United States. The deal likely means no job cuts at U.S. plants.
In culture, famed American opera star Robert Merrill is dead. Merrill spent 41 years as a featured performer at the Metropolitan Opera. He was also well known for performing the national anthem at New York Yankees' games. Robert Merrill was 85 years old.
In sports, the Cincinnati Bengals enjoy their return to "Monday Night Football." The Bengals beat the Denver Broncos 23-10, for their second win of the year. It was the Bengals' first Monday night appearance in 12 years.
To the forecast center now and Jacqui.
JERAS: Hey, Carol.
(WEATHER REPORT)
COSTELLO: Those are the latest headlines for you.
The nation's chief justice is suffering from thyroid cancer, but he plans to keep working while getting treatment. His health has put a spotlight on the aging Supreme Court just one week from the presidential election.
CNN's Kelli Arena has more on the illness and the political implications.
(BEGIN VIDEOTAPE)
KELLI ARENA, CNN JUSTICE CORRESPONDENT (voice-over): The disclosure that the chief justice has thyroid cancer and underwent a tracheotomy over the weekend shocked even some of the most ardent Supreme Court watchers.
BRAD BERENSON, FMR.SUPREME COURT CLERK: Everybody's been aware, really, for years that there could be a Supreme Court vacancy. But this is a very, very visible reminder of it in the homestretch of the presidential campaign.
ARENA: His doctors aren't talking and the Court said little, but projected an air of normalcy. In a statement it said he is "expected to be on the bench when the Court reconvenes next Monday.
CHIEF JUSTICE WILLIAM REHNQUIST, U.S. SUPREME COURT: Nothing is so dear and precious as time.
ARENA: Several senior government sources tell CNN the situation is far more serious than the public statement reveals, but say it's unlikely the court will elaborate, especially with one week to go before the election.
EDWARD LAZARUS, AUTHOR, "CLOSED CHAMBER": They don't like the idea of the Supreme Court being a sort of political football that the candidates trot out at their convenience. They want to be seen above politics.
ARENA: Rehnquist is described as both proud and stubborn.
REHNQUIST: Don't get in my way.
ARENA: At 80, he's the second oldest serving chief justice, a post he's held for 18 years. He joined the bench in 1972 and has led an increasingly conservative court
BERENSON: The court has steadily but slowly moved more in his direction. He's come to be regarded as, really, a terrific chief justice, someone who has held the court together and affected its overall direction over quite a long period of time.
ARENA: The public knows him best from the impeachment trial of President Clinton.
REHNQUIST: The said William Jefferson Clinton being and he hereby is acquitted of the charges in the said articles. ARENA: He also presided over the "Bush vote. Gore" case four years ago.
REHNQUIST: We'll hear argument now in number 009-49, "George W. Bush and Richard Cheney versus Albert Gore."
ARENA (on camera): In 2000, the Supreme Court sided with Bush in a 5-4 decision. If this election ends up in the high court, as well, and Rehnquist is unable to participate, that could leave the justices split 4-4.
Kelli Arena, CNN, Washington.
(END VIDEOTAPE)
COSTELLO: Interesting.
We must tell you again, a statement from the high court says Justice Rehnquist is expected to be back on the bench Monday. But as Kelli told you, he and three other justices are getting older and whoever is elected president may name four new justices.
So, let's head live to New York and John Pavia from Quinnipiac College.
He's an expert on all things Supreme.
Thanks for joining us this morning.
JOHN PAVIA, QUINNIPIAC COLLEGE LAW SCHOOL: Good morning, Carol.
COSTELLO: Do Americans really care about who's on the Supreme Court?
PAVIA: Yes, I think they do. And I think, you know, we've done not a great job up until this point in raising the issue during the campaign. And it's something that should have been talked about, not just in, you know, Mr. Bush, who would you -- what kind of person would you nominate to the Supreme Court, but really, Mr. Kerry, Mr. Bush, if you get four or three vacancies, do you feel some kind of responsibility to maintain some kind of balance on the Supreme Court.
COSTELLO: I think it has come out during this campaign. I know that Americans must be a little more aware because of the term "activist judges." The president uses that term as it applies to judges who, for example, say it's legal for gays to marry.
But is there such a thing as an "activist judge?"
PAVIA: Oh, absolutely. I mean there's judges who are strict constructionists and they stick right to the letter of the law. And then there's judges who read in between the lines and feel that they can almost legislate. And that's what they mean by "activist judges."
COSTELLO: And of course, conservatives would like to keep "activist judges" off the court. So, who might Bush appoint, saying he wins the election?
PAVIA: Well, Bush has a couple of choices, both conservatives he can reach down to, to the lower courts, and Edith Jones, one from the Fifth Circuit in Texas; Michael Ludig (ph) from the Third Circuit and the Fourth Circuit in Richmond...
COSTELLO: Now, see, those names probably mean nothing to many viewers out there.
PAVIA: Right.
COSTELLO: So, what are they like?
PAVIA: Those are conservative judges from the circuits.
And then he could also go the other route and not select a sitting judge. You remember Ted Olson, the former solicitor general for the United States, but was -- his name became very well known during the recount -- would be a possibility. And John Kerry, again, could, he could look to the circuits for judges or he could look to the circuits for judges or he could look away. He's mentioned, and other people have mentioned, Richard Gephardt as a possibility.
COSTELLO: So, does it necessarily mean because a president is conservative or liberal that they would appoint such judges?
PAVIA: I mean that tends to be the case. But you know, there's surprises. I mean look at the current president's father appointed David Souter, who turned out to be an anchor on the left. So, it doesn't always turn out that way. And also times change. John Stevens was appointed by President Ford, a Republican president, and he's now considered the other anchor on the left.
So, it doesn't always turn out that the person who is appointed, over time, ends up being the kind of justice that the president who appoints them thinks they're going to be.
COSTELLO: John Pavia, thanks for joining DAYBREAK this morning.
PAVIA: Thank you.
COSTELLO: Coming up next, we move from the judicial branch to the executive and a documentary that reflects on Donald Rumsfeld's role.
(BEGIN VIDEO CLIP)
MICHAEL KIRK, PRODUCER, "RUMSFELD'S WAR": Rumsfeld, in terms of his temperament and his personality, seems to be much better suited to be a secretary of war than a secretary of defense.
(END VIDEO CLIP)
COSTELLO: I'll talk to the producer behind tonight's "Frontline" installment on what makes Rumsfeld tick. (COMMERCIAL BREAK)
COSTELLO: Tonight on PBS's "Frontline," a fascinating documentary on the man who runs the U.S. military.
Here's part of "Rumsfeld's War."
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: The skirmishes with Powell and the generals and the bureaucracy were taking their toll during those first months of Rumsfeld's war at the Pentagon.
UNIDENTIFIED MALE: When they used the word enemies but there were all these discussions about well who's going to be the first cabinet secretary to leave in this administration, and the early betting line is it could be Don Rumsfeld. And of course, then 9/11 happens and, as the saying goes, that changes everything.
(END VIDEOTAPE)
COSTELLO: Donald Rumsfeld, described as a man with a sharp tongue and sharp elbows. More importantly, he has shaped a new military, fighting a new military fighting a new kind of war in Iraq.
PBS's "Frontline" will air "Rumsfeld's War" tonight.
Live from Boston now, the producer, Michael Kirk.
Good morning, Michael.
KIRK: Good morning, Carol.
COSTELLO: You know, the title is intriguing, "Rumsfeld's War."
What does it mean?
KIRK: Well, Donald Rumsfeld came out of the political wilderness. He'd been there for about 25 years. Brought back into government by his former intern, Dick Cheney, who used to be secretary of defense, as a kind of counterbalance to the conservatives' fear that Colin Powell, the secretary of state, would also try to run the Defense Department.
There was a great fear that Powell, who had been, as you know, the most -- probably the most important and popular general since Dwight Eisenhower, would have sway over both sides, both the State Department and the Defense Department.
Rumsfeld was brought in to fight a tough war against the forces Powell represents -- moderation and traditionalists who believed in something called the Powell Doctrine -- overwhelming force was necessary. In other words, a reluctance to go to war.
There was an intention to transform the military into something leaner, tighter, more nimble and able to go out and prosecute a new kind of foreign policy that would have us out in the world facing off first against states and enemies that might use weapons of mass destruction on us.
COSTELLO: So, when you say Rumsfeld is a man with a sharp tongue and sharp elbows, he's the perfect man to do just what you described.
KIRK: He was a wrestler in college. It's just a fascinating story, Carol. I got completely into the idea. We were working with "The Washington Post" and their team of really good reporters. And it was just a fascinating thing to go back into his life and find a guy who was a wrestler in college at Princeton, a kind of guy who always sizes the opponent up, whether that opponent is the head of the Army or Colin Powell or Saddam Hussein.
He's one of those guys who's always looking for how to make a move.
COSTELLO: Well, he did make many moves in the military. He wanted more control, civilian control, over the military.
How did that, in the end, affect the war in Iraq?
KIRK: Well, I think there becomes a struggle. He has great success early on with Afghanistan. You know, it's a small, a few hundred people using GPS satellite telephones to talk to B52s, which come like -- come down in a godlike fashion and shock the Taliban opponents, chase al Qaeda to the mountains. So, he's got a kind of reputation as a guy who's beginning to win post-9/11.
By the time it comes around to going to Iraq, however, the Army is weighing in heavily. They want to do Desert Storm all over again, their great success in this, in the last decade. And he's saying no, we can go faster, we can go tighter. And they begin to have this struggle, you'll see tonight, which is incredibly intense, the end of which is a kind of compromise.
There's not as many forces by a few hundred thousand as the military, the Army, would like and there's many more than he would like. And in the end, this weird hybrid results, which, you know, resulted in what happened at the, you know, in the aftermath of the fall of Baghdad, which is apparently not enough boots on the ground to do the job.
COSTELLO: Yes. And no apparent exit strategy that we know of at this time.
Michael Kirk...
KIRK: Well, obviously not.
COSTELLO: Yes, obviously not.
The documentary airs tonight, so check your local listing.
Thank you so much for joining us live from Boston today.
KIRK: You're welcome, Carol.
COSTELLO: Still to come on DAYBREAK, the Gallup guru shares the latest numbers of the presidential race. We'll talk about the Clinton factor in John Kerry's final days of campaigning.
And Cuba is about to change the way it does business, without any help from the American dollar. We'll get a live report for you from Havana.
(COMMERCIAL BREAK)
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Aired October 26, 2004 - 06:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news -- the U.S. military says an air strike in Falluja has killed an associate of Abu Musab al-Zarqawi. Al-Zarqawi, as you know, heads a terrorist network in Iraq. He has a $25 million bounty on his head.
The Pentagon now looking at ways to add about 22,000 more troops in Iraq to provide security during elections next year. The "Washington Post" and "USA Today" report some troops now in Iraq would have their departures delayed, while others due to be deployed to Iraq could be sent sooner.
Later this afternoon, the Israeli cabinet is expected to approve Prime Minister Ariel Sharon's plan for withdrawing from part of Gaza. The prime minister wants Israeli settlers out of Gaza by the end of next year.
And remember that bullpen brawl in last year's American League championship series? Well, former New York Yankees players Jeff Nelson and Karim Garcia were accused of assaulting a groundskeeper. They're set to go on trial in Boston today. But prosecutors say they may drop the charges if they do community service and possibly undergo counseling.
To the forecast center.
Jacqui Jeras in for Chad today -- good morning.
JACQUI JERAS, CNN METEOROLOGIST: Well, good morning, Carol.
(WEATHER REPORT)
COSTELLO: In seven days, a week from today, Americans head to the polls. George Bush and John Kerry are using this last week to hit the states that could sway the ballots. Many of those states are in the Midwest, which Bush and Kerry are turning into a political battleground. They're making a final push to reach undecided voters.
Wisconsin is taking center stage today as George Bush and John Kerry battle for votes in the battleground state. Wisconsin has 10 electoral votes at stake. In 2000, Al Gore won the state by fewer than 6,000 votes.
Kerry arrived in the Badger State last night armed with a fresh message.
(BEGIN VIDEO CLIP)
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: We need a fresh start in America. We need a fresh start in Iraq. We need a president who will look the American people in the eye always and tell you the truth and trust you with the truth to make your decisions about our country.
(END VIDEO CLIP)
COSTELLO: No fresh starts for George Bush, as he campaigns in Wisconsin and Iowa. The president says it is vital to stay the course.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH (R), PRESIDENT OF THE UNITED STATES: On this vital front of the war on terror, protest is not a policy. Retreat is not a strategy. And failure is not an option.
(APPLAUSE)
BUSH: As long as I am the commander-in-chief, America will never retreat in the face of terrorism.
(END VIDEO CLIP)
COSTELLO: The vice presidential candidates are pressing their case on the war in Iraq. But they have widely different assessments, as you might expect.
Vice President Dick Cheney called the war a remarkable success story while speaking at a town hall style rally in Wilmington, Ohio. And then he came face to face with a grandmother in a wheelchair who lost a grandson in the war.
(BEGIN VIDEO CLIP)
PHYLLIS JOBBS, RALLY ATTENDEE: Is there any time that we know that those other guys are going to come out of Iraq and bring our children home? I have four over there, I had them there, I've got a son going back, and I had one killed. I'd like a little relief.
DICK CHENEY (R), VICE PRESIDENT OF THE UNITED STATES: Well, we appreciate very much, obviously, the sacrifice that they've made, and they've done a superb job for us, as I mentioned. I think of it in terms of when we have the capability in place so that we've completed the mission.
If you put an artificial date on it, then you end up with the terrorists just waiting until that date arrives, the Americans withdraw and then they'll reassert themselves. So, that's not acceptable. And they've got to know that we'll stay the course and that they're not going to be able to win.
(END VIDEO CLIP)
COSTELLO: In the meantime, vice presidential candidate John Edwards says the Bush administration has made a mess in Iraq by failing to establish order. And he says that has contributed to the disappearance of tons of explosives from a former military site in Iraq.
(BEGIN VIDEO CLIP)
SEN. JOHN EDWARDS (D-NC), VICE PRESIDENTIAL CANDIDATE: Apparently these are the same kind of explosives that terrorists like to use because of their power and the reality is that they didn't secure them. The Bush administration didn't secure these materials. They haven't taken the steps necessary to be successful in Iraq and we're seeing the consequences of it every single day.
(END VIDEO CLIP)
COSTELLO: For all the latest news from the campaign trail, watch "INSIDE POLITICS" with Judy Woodruff. Judy will be live from Harrisburg, Pennsylvania. And of course, that airs at 3:00 p.m. Eastern.
Crews have now recovered the bodies of 10 victims of a NASCAR team's plane crash. Weather may have played a part in Sunday's crash in the mountains around Martinsville, Virginia. The plane had no flight data recorder or cockpit voice recorder, so it's going to be a lot tougher for investigators as they look for other ways to find out what happened.
(BEGIN VIDEO CLIP)
BRIAN RAYNER, NTSB: We divide the investigation into three parts. We look at the man, the machine and the environment. In this case, we have a man and a woman in the cockpit. We have requested the training records for both pilots.
(END VIDEO CLIP)
COSTELLO: Hendrick Motorsports owner Rick Hendrick was supposed to be on that flight but he stayed home because he wasn't feeling well. His son, his brother, his two nieces all killed in the crash. Still, operations continue for employees like driver Jeff Gordon. And fans who love the sport are coming to terms with the tremendous loss to the racing community.
We get more from Mark Boone of CNN affiliate WCNC in Charlotte, North Carolina.
(BEGIN VIDEOTAPE)
MARK BOONE, WCNC CORRESPONDENT (voice-over): Wearing their team shirts and logos, employees of Hendrick Motorsports arrive at the office Monday morning, meeting behind closed doors for nearly an hour.
JIMMY GRUBBS, MINISTER: You can't replace people like this. It's not going to happen.
BOONE: Jimmy Grubbs is a minister who has worked closely with the Concord-based company. He knew most of the 10 people killed in the crash.
GRUBBS: They are NASCAR.
BOONE: NASCAR fans arriving by the carload, carrying flowers for a small roadside memorial.
UNIDENTIFIED FEMALE: It makes you feel like you're part of the family. When you meet drivers and crew members, they always say hey and talk to you.
BOONE: Most of the crew members returning to work Monday deciding they will race in next Sunday's Bass Pro Shop MBNA 500.
UNIDENTIFIED MALE: People are still trying to work and trying to stay busy with, you know, the fab shop. Some of those guys are working and that's how they work through some of this, is doing what they do best.
BOONE: One of the most successful motorsports companies now trying to regroup after losing its leaders. John and Ricky Hendrick, seen here at a company gathering last year, were the brother and son of team owner Rick Hendrick. The two men led several teams to victory lane.
With the next race just five days away, hundreds of employees are now left with little time to mourn.
UNIDENTIFIED FEMALE: You've got to go to Atlanta next week. You've got to get ready. You've got to go. You know, they'll pick themselves up and they'll go, because that's part of it.
(END VIDEOTAPE)
COSTELLO: That was Mark Boone of CNN affiliate WCNC.
No decision has been made yet on how the race team or NASCAR will honor the crash victims during Sunday's race here in Atlanta.
In other news across America now, Scott Peterson's mother and father took the stand in defense of their son. Attorney Mark Geragos used Peterson's parents to explain some of Scott's behavior. His mother testified that she gave him $10,000 of the $15,000 he was holding when he was arrested. The defense could rest its case as early as today.
Georgia's hate crimes law has been struck down as being unconstitutionally vague. The state supreme court ruled that the law could be applied to every possible prejudice, no matter how obscure. The court was reviewing a case where two people had time added to their sentence under the law. Forty-eight states have hate crimes laws, but Georgia's is the only one that does not specify who is protected. Bubba the Love Sponge is on the ballot in St. Petersburg, Florida. The former radio shock jock was fired from a Tampa radio station last year after being fined by the FCC. He's officially running for the vacant sheriff's post in Pinellas County, Florida. Todd Clem formally changed his name to Bubba the Love Sponge Clem.
Still to come on DAYBREAK, a Supreme Court justice battling illness. Why should voters take notice? That's at 6:16 Eastern.
And then the civilian who runs the military. That would be Donald Rumsfeld. A new documentary reveals the struggle at the Pentagon. I'll talk with the producer at 22 minutes past the hour.
And later, Fidel Castro cracks down on the American dollar. But could his plan backfire? That story at 52 minutes past.
But first, here's a look at what else is making news this Tuesday morning.
(COMMERCIAL BREAK)
(STOCK MARKET REPORT)
COSTELLO: Your news, money, weather and sports.
It is 6:12 Eastern.
Here's what's all new this morning.
We are learning more about those missing explosives in Iraq. NBC News reports the explosives were already gone when American troops arrived at the munitions depot the day after Baghdad fell. An NBC crew was embedded with the troops at the time.
In money news, a major merger in the steel industry could mean more stability in the U.S. job market. Mittal Steel could become the world's largest steel supplier after combining companies from several different countries, including the United States. The deal likely means no job cuts at U.S. plants.
In culture, famed American opera star Robert Merrill is dead. Merrill spent 41 years as a featured performer at the Metropolitan Opera. He was also well known for performing the national anthem at New York Yankees' games. Robert Merrill was 85 years old.
In sports, the Cincinnati Bengals enjoy their return to "Monday Night Football." The Bengals beat the Denver Broncos 23-10, for their second win of the year. It was the Bengals' first Monday night appearance in 12 years.
To the forecast center now and Jacqui.
JERAS: Hey, Carol.
(WEATHER REPORT)
COSTELLO: Those are the latest headlines for you.
The nation's chief justice is suffering from thyroid cancer, but he plans to keep working while getting treatment. His health has put a spotlight on the aging Supreme Court just one week from the presidential election.
CNN's Kelli Arena has more on the illness and the political implications.
(BEGIN VIDEOTAPE)
KELLI ARENA, CNN JUSTICE CORRESPONDENT (voice-over): The disclosure that the chief justice has thyroid cancer and underwent a tracheotomy over the weekend shocked even some of the most ardent Supreme Court watchers.
BRAD BERENSON, FMR.SUPREME COURT CLERK: Everybody's been aware, really, for years that there could be a Supreme Court vacancy. But this is a very, very visible reminder of it in the homestretch of the presidential campaign.
ARENA: His doctors aren't talking and the Court said little, but projected an air of normalcy. In a statement it said he is "expected to be on the bench when the Court reconvenes next Monday.
CHIEF JUSTICE WILLIAM REHNQUIST, U.S. SUPREME COURT: Nothing is so dear and precious as time.
ARENA: Several senior government sources tell CNN the situation is far more serious than the public statement reveals, but say it's unlikely the court will elaborate, especially with one week to go before the election.
EDWARD LAZARUS, AUTHOR, "CLOSED CHAMBER": They don't like the idea of the Supreme Court being a sort of political football that the candidates trot out at their convenience. They want to be seen above politics.
ARENA: Rehnquist is described as both proud and stubborn.
REHNQUIST: Don't get in my way.
ARENA: At 80, he's the second oldest serving chief justice, a post he's held for 18 years. He joined the bench in 1972 and has led an increasingly conservative court
BERENSON: The court has steadily but slowly moved more in his direction. He's come to be regarded as, really, a terrific chief justice, someone who has held the court together and affected its overall direction over quite a long period of time.
ARENA: The public knows him best from the impeachment trial of President Clinton.
REHNQUIST: The said William Jefferson Clinton being and he hereby is acquitted of the charges in the said articles. ARENA: He also presided over the "Bush vote. Gore" case four years ago.
REHNQUIST: We'll hear argument now in number 009-49, "George W. Bush and Richard Cheney versus Albert Gore."
ARENA (on camera): In 2000, the Supreme Court sided with Bush in a 5-4 decision. If this election ends up in the high court, as well, and Rehnquist is unable to participate, that could leave the justices split 4-4.
Kelli Arena, CNN, Washington.
(END VIDEOTAPE)
COSTELLO: Interesting.
We must tell you again, a statement from the high court says Justice Rehnquist is expected to be back on the bench Monday. But as Kelli told you, he and three other justices are getting older and whoever is elected president may name four new justices.
So, let's head live to New York and John Pavia from Quinnipiac College.
He's an expert on all things Supreme.
Thanks for joining us this morning.
JOHN PAVIA, QUINNIPIAC COLLEGE LAW SCHOOL: Good morning, Carol.
COSTELLO: Do Americans really care about who's on the Supreme Court?
PAVIA: Yes, I think they do. And I think, you know, we've done not a great job up until this point in raising the issue during the campaign. And it's something that should have been talked about, not just in, you know, Mr. Bush, who would you -- what kind of person would you nominate to the Supreme Court, but really, Mr. Kerry, Mr. Bush, if you get four or three vacancies, do you feel some kind of responsibility to maintain some kind of balance on the Supreme Court.
COSTELLO: I think it has come out during this campaign. I know that Americans must be a little more aware because of the term "activist judges." The president uses that term as it applies to judges who, for example, say it's legal for gays to marry.
But is there such a thing as an "activist judge?"
PAVIA: Oh, absolutely. I mean there's judges who are strict constructionists and they stick right to the letter of the law. And then there's judges who read in between the lines and feel that they can almost legislate. And that's what they mean by "activist judges."
COSTELLO: And of course, conservatives would like to keep "activist judges" off the court. So, who might Bush appoint, saying he wins the election?
PAVIA: Well, Bush has a couple of choices, both conservatives he can reach down to, to the lower courts, and Edith Jones, one from the Fifth Circuit in Texas; Michael Ludig (ph) from the Third Circuit and the Fourth Circuit in Richmond...
COSTELLO: Now, see, those names probably mean nothing to many viewers out there.
PAVIA: Right.
COSTELLO: So, what are they like?
PAVIA: Those are conservative judges from the circuits.
And then he could also go the other route and not select a sitting judge. You remember Ted Olson, the former solicitor general for the United States, but was -- his name became very well known during the recount -- would be a possibility. And John Kerry, again, could, he could look to the circuits for judges or he could look to the circuits for judges or he could look away. He's mentioned, and other people have mentioned, Richard Gephardt as a possibility.
COSTELLO: So, does it necessarily mean because a president is conservative or liberal that they would appoint such judges?
PAVIA: I mean that tends to be the case. But you know, there's surprises. I mean look at the current president's father appointed David Souter, who turned out to be an anchor on the left. So, it doesn't always turn out that way. And also times change. John Stevens was appointed by President Ford, a Republican president, and he's now considered the other anchor on the left.
So, it doesn't always turn out that the person who is appointed, over time, ends up being the kind of justice that the president who appoints them thinks they're going to be.
COSTELLO: John Pavia, thanks for joining DAYBREAK this morning.
PAVIA: Thank you.
COSTELLO: Coming up next, we move from the judicial branch to the executive and a documentary that reflects on Donald Rumsfeld's role.
(BEGIN VIDEO CLIP)
MICHAEL KIRK, PRODUCER, "RUMSFELD'S WAR": Rumsfeld, in terms of his temperament and his personality, seems to be much better suited to be a secretary of war than a secretary of defense.
(END VIDEO CLIP)
COSTELLO: I'll talk to the producer behind tonight's "Frontline" installment on what makes Rumsfeld tick. (COMMERCIAL BREAK)
COSTELLO: Tonight on PBS's "Frontline," a fascinating documentary on the man who runs the U.S. military.
Here's part of "Rumsfeld's War."
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: The skirmishes with Powell and the generals and the bureaucracy were taking their toll during those first months of Rumsfeld's war at the Pentagon.
UNIDENTIFIED MALE: When they used the word enemies but there were all these discussions about well who's going to be the first cabinet secretary to leave in this administration, and the early betting line is it could be Don Rumsfeld. And of course, then 9/11 happens and, as the saying goes, that changes everything.
(END VIDEOTAPE)
COSTELLO: Donald Rumsfeld, described as a man with a sharp tongue and sharp elbows. More importantly, he has shaped a new military, fighting a new military fighting a new kind of war in Iraq.
PBS's "Frontline" will air "Rumsfeld's War" tonight.
Live from Boston now, the producer, Michael Kirk.
Good morning, Michael.
KIRK: Good morning, Carol.
COSTELLO: You know, the title is intriguing, "Rumsfeld's War."
What does it mean?
KIRK: Well, Donald Rumsfeld came out of the political wilderness. He'd been there for about 25 years. Brought back into government by his former intern, Dick Cheney, who used to be secretary of defense, as a kind of counterbalance to the conservatives' fear that Colin Powell, the secretary of state, would also try to run the Defense Department.
There was a great fear that Powell, who had been, as you know, the most -- probably the most important and popular general since Dwight Eisenhower, would have sway over both sides, both the State Department and the Defense Department.
Rumsfeld was brought in to fight a tough war against the forces Powell represents -- moderation and traditionalists who believed in something called the Powell Doctrine -- overwhelming force was necessary. In other words, a reluctance to go to war.
There was an intention to transform the military into something leaner, tighter, more nimble and able to go out and prosecute a new kind of foreign policy that would have us out in the world facing off first against states and enemies that might use weapons of mass destruction on us.
COSTELLO: So, when you say Rumsfeld is a man with a sharp tongue and sharp elbows, he's the perfect man to do just what you described.
KIRK: He was a wrestler in college. It's just a fascinating story, Carol. I got completely into the idea. We were working with "The Washington Post" and their team of really good reporters. And it was just a fascinating thing to go back into his life and find a guy who was a wrestler in college at Princeton, a kind of guy who always sizes the opponent up, whether that opponent is the head of the Army or Colin Powell or Saddam Hussein.
He's one of those guys who's always looking for how to make a move.
COSTELLO: Well, he did make many moves in the military. He wanted more control, civilian control, over the military.
How did that, in the end, affect the war in Iraq?
KIRK: Well, I think there becomes a struggle. He has great success early on with Afghanistan. You know, it's a small, a few hundred people using GPS satellite telephones to talk to B52s, which come like -- come down in a godlike fashion and shock the Taliban opponents, chase al Qaeda to the mountains. So, he's got a kind of reputation as a guy who's beginning to win post-9/11.
By the time it comes around to going to Iraq, however, the Army is weighing in heavily. They want to do Desert Storm all over again, their great success in this, in the last decade. And he's saying no, we can go faster, we can go tighter. And they begin to have this struggle, you'll see tonight, which is incredibly intense, the end of which is a kind of compromise.
There's not as many forces by a few hundred thousand as the military, the Army, would like and there's many more than he would like. And in the end, this weird hybrid results, which, you know, resulted in what happened at the, you know, in the aftermath of the fall of Baghdad, which is apparently not enough boots on the ground to do the job.
COSTELLO: Yes. And no apparent exit strategy that we know of at this time.
Michael Kirk...
KIRK: Well, obviously not.
COSTELLO: Yes, obviously not.
The documentary airs tonight, so check your local listing.
Thank you so much for joining us live from Boston today.
KIRK: You're welcome, Carol.
COSTELLO: Still to come on DAYBREAK, the Gallup guru shares the latest numbers of the presidential race. We'll talk about the Clinton factor in John Kerry's final days of campaigning.
And Cuba is about to change the way it does business, without any help from the American dollar. We'll get a live report for you from Havana.
(COMMERCIAL BREAK)
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