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American Morning
Candidates Bring Out Political Stars; Rehnquist Health Pushes High Court as Issue in Election
Aired October 26, 2004 - 08:59 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: Seven days and counting now to the presidential election. Time for the candidates to get a little help from their friends on the trail.
Tons of missing explosives in Iraq triggering verbal blasts on the campaign trail.
Scott Peterson's parents called to the witness stand, trying to explain strange behavior by their son.
And the sky is certainly the limit for this man.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I had to at least try it. And I needed to show everybody and prove to everybody that I was capable of it.
(END VIDEO CLIP)
HEMMER: Now the Air Force pilot who proved he could still fly after losing a leg, now giving wounded veterans so much hope on this AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
HEMMER: Believe it or not, it is seven days and counting now on the calendar. Final week of the campaign 2004.
Good morning. Welcome back here.
This hour we'll look at the candidates and what they're doing now as they head into the home stretch, finding out about any last-minute strategy changes either with location or message. So that's coming up this hour.
SOLEDAD O'BRIEN, CNN ANCHOR: Also, Chief Justice William Rehnquist undergoing surgery for cancer. Is the seriousness of his condition being downplayed? We're going to take a look at what they're saying in Washington today, and also the new questions about the future of the court.
HEMMER: All right.
Jack Cafferty, good morning again.
JACK CAFFERTY, CNN ANCHOR: Good morning.
"Question of the Day," what's an acceptable time frame for Congress to enact any of the recommendations of the 9/11 Commission? It's been 96 days since the report came out. So far they've done nothing. AM@CNN.com.
HEMMER: All right, Jack.
Top of the hour now. Back to Heidi Collins, looking at the news and the headlines this hour. We start now in Iraq.
Good morning.
HEIDI COLLINS, CNN ANCHOR: We do. Good morning to you guys once again. And good morning to you, everybody.
The U.S. military says it dealt a blow to Islamic militant leader Abu Musab al-Zarqawi. Military sources say an early morning airstrike killed one of Zarqawi's associates, making it harder for the terror network to conduct attacks.
The Bush administration will reportedly ask for billions of dollars more to pay for the wars in Iraq and Afghanistan. According to reports in "The Washington Post," if he is re-elected the president will ask Congress for $70 billion early next year for emergency war funding. The total war costs would come close to $225 billion.
A new twist on the disappearance of some 400 tons of conventional explosives in Iraq. An NBC News crew embedded with the U.S. Army says the material was already gone from the Al Qaqaa storage facility by the time troops arrived there in April of last year. That was one day after the fall of Baghdad.
South Korea has declared a state of high alert this morning. Officials in Seoul say they found a hole cut in the fence along the border with North Korea, suggesting possible infiltration. The alert comes as Secretary of State Colin Powell arrives in Seoul. He's there trying to restart stalled talks on North Korea's nuclear weapons program.
Back now over to you.
HEMMER: All right, Heidi. Thanks.
Final push now under way for those undecided voters. The election just seven days away. But early voting well under way in some states.
A new CNN-"USA Today"-Gallup gives President Bush a slight edge in the latest numbers. Among likely voters, the president has a 5- point lead, but just a 2-point lead among registered voters. Another polling put the -- put the race now at a dead heat.
The political stars are on the trail. Former New York Mayor Rudy Giuliani stumped for the president in Iowa and Colorado, and the former president, Bill Clinton, campaigned for John Kerry in Pennsylvania yesterday. Today he is in the state of Florida. While the former president's still recovering from heart surgery, just about seven weeks ago, that did not stop him from coming out swinging yesterday.
(BEGIN VIDEO CLIP)
WILLIAM JEFFERSON CLINTON, FMR. PRESIDENT OF THE UNITED STATES: One of Clinton's laws of politics is this: if one candidate's trying to scare you, and the other one is trying to get you to think, if one candidate's appealing to your fears, and the other one's appealing to your hopes, you better vote for the person who wants you to think and hope.
(END VIDEO CLIP)
HEMMER: That was Bill Clinton on the stump yesterday. Today, let's talk more about it. Democratic strategist Lisa Caputo of the Time Warner Center in New York.
Lisa, good morning. Welcome back to you.
LISA CAPUTO, DEMOCRATIC STRATEGIST: Good morning.
HEMMER: Republican strategist Charlie Black is down in D.C.
And Charlie, good morning to you as well.
CHARLIE BLACK, REPUBLICAN STRATEGIST: Good morning, Bill.
HEMMER: Want to get started where we left off yesterday, Lisa. Listen to Senator Kerry about the allegations of these tons of munitions missing in Iraq. Here you go.
(BEGIN VIDEO CLIP)
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: After being warned about the danger of major stockpiles of explosives in Iraq, this president failed to guard those stockpiles, where nearly 380 tons of highly-explosive weapons were kept. Today, today we learned that these explosives are missing, unaccounted for, and potentially in the hands of terrorists.
(END VIDEO CLIP)
HEMMER: Lisa, now a day later, some of the facts are changing on this story. Did the Kerry campaign jump too soon on this?
CAPUTO: Oh, I don't think so. I mean, it's abundantly clear that the Bush administration wasn't minding the store.
Let's not forget, Bill, this is an administration that has run its presidential campaign on the premise of war and terror. That's all we've heard about this entire campaign. And so if that's going to be their platform, to have such a huge vulnerability in Iraq, which is what they're running on, to me puts the president at a great disadvantage going into the home stretch of the election. HEMMER: I want to get to Charlie on that. This is not necessarily clear, the record, though, is it, Charlie?
BLACK: Well, no. I mean, Senator Kerry's campaign consists of grabbing the worst bad-news headline out of the paper each morning and then blaming that bad news on President Bush.
It now turns out that those explosives probably weren't there when our troops arrived in Iraq. The NBC reporter who was embedded with the troops when they arrived says there were no explosives there, and to CNN's credit, you've reported that this morning. It's a bogus story. Kerry should have checked it out before he made a false accusation.
HEMMER: But more to the point, I think what Democrats are saying, you've got a list of 10 things you do before you start a war. You took care of nine of them, but this one remaining 10 percent area is costing an awful lot of lives and money along the way.
BLACK: Well, look, the fact is that President Bush is fighting the war on terrorism overseas. He's gone on offense against the terrorists.
Senator Kerry can't make up his mind how to fight the war or whether he wants to fight the war. He said at various times that if we get hit we'll fight back.
We don't want to get hit again in the United States and have Senator Kerry treat it as a law enforcement issue. We want to fight the terrorists in Iraq, in Afghanistan, wherever they are around the world to win the war.
HEMMER: Let me get to another issue here. Lisa, you jump on this one.
Our latest polling released yesterday shows the president's approval rating now above 50 percent, right at 51 percent. Based on the polling at Gallup, no incumbent since 1952 has lost re-election when the number has been above 50. Does that number concern you today, seven days out?
CAPUTO: Actually, no, Bill. I think you have to ember that the president has been below 50 for the majority of the campaign. And no incumbent below 50 has won re-election.
You know, these polls keep seesawing. We all know it's about the battleground states, seven of them. And I think what you'll see is the polls will continue to seesaw, certainly in the next couple of days, with Bush up, Kerry down, Kerry up, Bush down. So I don't think you can put much stock in these, except to say that there's been a long-standing history here during this campaign that the incumbent president is below 50 percent.
HEMMER: Well, two things that really stick out in these polling numbers. Charlie, let's advance to this one. It is so evenly divided on so many issues across the board based on what we put out yesterday. But this one poll is striking to us. When asked whether or not this campaign is mostly negative, if you go back to 2000 only 15 percent say yes. But this year it's 48 percent.
How does that translate a week from now? And is this good for the campaign process, Charlie?
BLACK: Well, I'm not sure it is. But it's the fault of the 527 independent groups, especially the liberal Democratic groups which have run tens of millions of dollars worth of negative ads.
And, you know, back to the last point, the president's approval rating is higher than John Kerry's because the American people want to know who is going to keep them safe, who is going to have the resolve and determination to fight the war on terrorism. And Kerry's been all over the map about whether he wants to fight it and how he would fight it.
CAPUTO: Bill, may I jump in here on one issue?
HEMMER: One final thought. Go ahead, Lisa.
CAPUTO: Just to set the record straight, President Bush is the one who's run the negative campaign. He spent three-quarters of his $80 million media spend this past spring attacking Senator Kerry, conducting the negative campaign. And if we're going to talk about 527s, let's give the equal time to the Swift Boat ads, which have been a major negative force in this campaign backed by the far right.
HEMMER: In the interest of time, we're out of time. So come on back.
What do we do November 3, by the way?
CAPUTO: I think we all go to vote.
HEMMER: Lisa Caputo, Charlie Black, thanks for your time this morning.
CAPUTO: Nice to see you, Bill.
BLACK: Thank you, Bill.
O'BRIEN: The defense in the Scott Peterson's double murder trial could rest its case later today. Jurors heard testimony from Peterson's parents yesterday. Former San Mateo county prosecutor Dean Johnson was in the courtroom. He joins us now to talk about what happened.
Dean, let's start with what the jurors heard. So this is a little bit of Scott Peterson canceling a golf game with this brother. Let's listen.
(BEGIN AUDIO CLIP) SCOTT PETERSON, DEFENDANT: I don't think I should come play golf. I think I better skip it, because I don't want a picture of me in the press.
(END AUDIO CLIP)
O'BRIEN: Why does the defense think that this could go a long way in proving that Scott Peterson did not kill his wife?
DEAN JOHNSON, FMR. SAN MATEO COUNTY PROSECUTOR: Well, this tape strikes the theme for yesterday's testimony. One of the most powerful pieces of prosecution evidence is the evidence, at least circumstantial, that Scott Peterson was about to flee to Mexico just before arrested.
This tape indicates that Scott Peterson was, in fact, going to play golf that day. Remember, he was arrested at a golf course. The other testimony offered yesterday, testimony from Scott Peterson's parents, similarly tries to neutralize the evidence that suggests that Scott Peterson was about to flee the jurisdiction.
O'BRIEN: Let's talk more specifically about the parents on the stand then. First, Scott Peterson's mother talked about that huge amount of cash that Scott Peterson was found with. What was her explanation, and did the jurors buy it?
JOHNSON: Well, I don't think the jurors bought any of the parents' testimony. Jackie Peterson's explanation about this huge amount of cash, she said it was payment for a truck that her other son was buying from Scott. But what she doesn't explain is why this payment was made in an envelope of cash delivered to Scott Peterson at a museum in southern California.
O'BRIEN: At the same time, Scott Peterson's father spoke a little bit about why Scott would have his brother's I.D. in his possession when he was stopped by police. Again, what was his explanation, and did the jurors buy that?
JOHNSON: Yes, again, another explanation that doesn't seem to ring true. Lee Peterson said that he had told Scott to get his brother's identification so that they could get a discount at the golf course for their greens' fees. But Lee Peterson also admitted that he, Lee Peterson, had a discount card, and that if one person in the foursome had a discount card the entire foursome got the discount. So there doesn't seem to be any good reason for Scott Peterson carrying a false I.D.
O'BRIEN: Did anyone give an explanation for why he was newly blonde when he was stopped by police?
JOHNSON: No. But we've heard all sorts of explanations about that, as well. It's been suggested that Scott Peterson possibly went swimming in a swimming pool with too much chlorine. And as we all know, that instantly turns your hair blonde.
O'BRIEN: There is, of course, an option that the judge is considering, which is to give the jurors a choice of going with second-degree murder for -- when they're considering what to do with Scott Peterson, when the case finally goes to the juror -- jury -- jurors.
What exactly are the implications of this?
I mean, to some degree, or to a large degree, it gives the jurors an option, which must work in favor of the prosecution. Does that mean that he would still face death, or no?
JOHNSON: Well, it's possible that Scott Peterson could face death, even on a verdict of second-degree murder. Under California law, there must be one first-degree murder conviction to get to the penalty phase of the trial. But it's possible.
It's certainly possible that this jury, looking at the facts, the facts particularly relating to premeditation and deliberation, could find Scott Peterson guilty of, say, a second-degree murder as to Laci Peterson, but a first-degree murder as to Conner Peterson. Because after Laci was killed, Scott Peterson made the choice whether or not to save his still living son, and he made the choice not to do so. That could earn him a route to the death penalty.
O'BRIEN: That's the prosecution's theory. Dean Johnson joining us this morning. Thanks -- Bill.
JOHNSON: Thank you.
HEMMER: Twelve minutes past the hour. Back to Jacqui Jeras, working for Chad today. What are you watching, Jacqui? Good morning.
JACQUI JERAS, CNN METEOROLOGIST: Hey. Well, stick with the California theme, Bill, and take a look at some wet, windy and cool weather.
(WEATHER REPORT)
HEMMER: Guess who was onstage last night, Jacqui?
JERAS: One guess I guess. Ashlee Simpson.
HEMMER: That's right. She was back last night in Vegas, Radio City Music Awards.
She was caught using a tape during a "Saturday Night Live" performance over the weekend. This show given a bit of a closer look. Watch and listen here.
(BEGIN VIDEO CLIP)
ASHLEE SIMPSON, SINGER: It's the wrong song. It's the wrong song, guys. Just kidding, you guys!
(END VIDEO CLIP)
HEMMER: That's how it started. The 19-year-old played for laughs last night. On Saturday, she blamed the band. Last night, she offered a new explanation. Listen here.
(BEGIN VIDEO CLIP)
SIMPSON: You know, it's crazy, but, you know, you move on and whatever. You know. Things happen. I'm a human being. And, you know...
UNIDENTIFIED MALE: And you haven't been feeling well, which people are just now saying something was wrong with your throat.
SIMPSON: I have severe acid reflex. And the day of "Saturday Night Live" I actually completely lost my voice. And in the rehearsals it was going great, and then, you know, comes like four hours into the show and I lost my voice. So...
(END VIDEO CLIP)
HEMMER: Think that passes the smell test, Soledad?
O'BRIEN: You know, it's crazy but I'm a human being, Bill.
HEMMER: Well, the top three excuses we've come up with so far since Saturday night, the band played the wrong song. That was one. That was what we heard on "Saturday Night Live" with Jude Law.
O'BRIEN: Blame the band. Good strategy, Ashlee.
HEMMER: NBC played the wrong tape.
O'BRIEN: Blame the network. Good strategy, Ashlee.
HEMMER: And number three, well actually number one, as of last night, acid reflux.
O'BRIEN: A little TMI, I think. I would not have gone with that.
HEMMER: Her father says they've never done that before and never will again. Yes, "Pieces of Me."
O'BRIEN: I'm not sure I can go on after that.
All right. Still to come this morning, breast cancer, serious topic. It's obviously a difficult ordeal, not only for the woman but also the man in her life, as well. This morning we get some advice on what husbands can do to help their wives through it.
A book written by a man whose wife had breast cancer. Really remarkable and terrific advice. We'll talk to him.
HEMMER: Also in a moment, six years after his leg was amputated, a Gulf War veteran flies into the history books. A story of inspiration, too. You'll hear from him this hour.
O'BRIEN: And Chief Justice Rehnquist's cancer could create a void on the bench. What happens if the high court has to decide the election once again? We're looking at that ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: The Supreme Court has suddenly become a campaign issue with news that Chief Justice William Rehnquist is battling thyroid cancer. He's now recovering after throat surgery this past weekend. We've got more from Justice correspondent Kelli Arena.
(BEGIN VIDEOTAPE)
KELLI ARENA, CNN JUSTICE CORRESPONDENT (voice-over): It took nearly everyone by surprise, but the seriousness of the chief justice's health problem was immediately apparent.
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 home stretch of a presidential campaign.
ARENA: Chief Justice William Rehnquist remains in the hospital. He's been diagnosed with thyroid cancer. His doctors aren't talking. The Supreme Court says he is expected to be on the bench when the court reconvenes next Monday.
WILLIAM REHNQUIST, CHIEF JUSTICE OF THE U.S.: 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.
ARENA: The public knows him best from the impeachment trial of President Clinton.
REHNQUIST: And he hereby is acquitted of the charges in the said articles.
ARENA: And then there was the Bush v. Gore decision four years ago. (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)
O'BRIEN: CNN senior legal analyst Jeff Toobin tells us what could happen if the court has to decide the election and ends in a 4-4 tie.
(BEGIN VIDEO CLIP)
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Many appeals courts and even state Supreme Courts have procedures for using substitute justices for when there's a vacancy. Not the Supreme Court. A 4-4 decision affirms the decision of the lower court.
What that would have meant four years ago is that the Florida Supreme Court would have been affirmed. The recount would have proceed. Al Gore might be president. So that gives you an idea of how significant a vacancy can be.
(END VIDEO CLIP)
O'BRIEN: Justice Rehnquist's illness puts the Supreme Court in play on the campaign trail. But pollsters are saying that people interested in the makeup of the Supreme Court are likely to have already decided who they're going to vote for -- Bill.
HEMMER: Twenty minutes past the hour, Soledad.
In a moment, Democrats hoping Bill Clinton will remind voters of good economic times. But do the Republicans have a supporter to eclipse the former president's star power? Bill Schneider takes a blow-by-blow look in a moment on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Back to Jack now and the "Question of the Day."
CAFFERTY: Thank you, Bill.
It's been 96 days since the 9/11 Commission issued its report on how to protect the country from terrorism. And Congress has been unable -- that's not actually right. Congress has failed to adopt any of the major recommendations.
It's not that they've been unable. Of course they've been able. They just haven't done it.
Originally they couldn't do it until next year because they were much too busy. Then they took six weeks off. Now they say, well, we probably won't get it done before the election, but they're going to take two more months off. They won't be back until January of next year.
The question is this: what's an acceptable time frame for the lawmakers to act on the 9/11 recommendations? There's some angry people out there.
Terry in Norfolk, Arkansas, writes this: "The allowable time frame has come and gone. Funny how they had time to vote themselves a raise recently. We need to get rid of every one of our congressmen and senators. They are all incompetent."
Greg in Royal Oak, Michigan, "Let us not forget the House and Senate are controlled by the Republican Party. If Bush had any influence and wanted the 9/11 Commission report acted upon, it would have been done."
Robert writes, "Whatever was reasonable is passed. But then we have a Republican Congress led by the strong, honest, truthful, competent President Bush, who, along with his sidekick, Dick Cheney, has said if we elect them we don't have to worry about any more attacks. So what's the rush?"
And Russ in Kingman, Arizona, "Jack, maybe if Congress thought the terrorists were gay and thinking about getting married that would speed up the process."
(LAUGHTER)
CAFFERTY: Right on. See, they debated the gay marriage amendment in the middle of the summer when they didn't have time to address this stuff.
HEMMER: Thank you, Jack.
Hey, here's a shocker. Did you hear about this last night?
CAFFERTY: What?
HEMMER: The Cincinnati Bengals actually won a football game.
CAFFERTY: I have a question.
HEMMER: True story.
CAFFERTY: I have a question.
O'BRIEN: Yes?
HEMMER: Watch this catch, by the way. Wow!
CAFFERTY: That's terrific. Why is it they only let Cincinnati on "Monday Night Football" every 15 years?
HEMMER: Because they stink.
O'BRIEN: I was going to ask that.
CAFFERTY: Ah, there's the answer.
HEMMER: They're terrible.
CAFFERTY: OK.
HEMMER: Chad Johnson, seven catches, 149 yards. Rudy Johnson, a nice little run here. The Bengals beat the Broncos. A major upset, by the way -- 23-10.
CAFFERTY: Oh, yes. Broncos are...
(CROSSTALK)
HEMMER: Jack, get this: the first time Cincinnati has hosted a game on Monday night since 1989.
CAFFERTY: That was my question.
HEMMER: I have nieces and nephews who are like 13, 14 years old. Since they've been alive the Bengals have never had a winning season.
CAFFERTY: They're beginning to sound like the Red Sox.
HEMMER: They won last night. By the way, I picked the Broncos in the pool.
CAFFERTY: You're excited about that. Bill, of course, is from Cincinnati.
O'BRIEN: Yes, we should explain.
CAFFERTY: Yes. That's why the hysteria there over their victory.
HEMMER: Minor.
(LAUGHTER)
HEMMER: Just for a day.
O'BRIEN: Just for a day?
CAFFERTY: You can gloat.
O'BRIEN: What, then they lose again tomorrow? Is that what you're saying?
Still to come, the Democrats sink their teeth into the issue of missing explosives in Iraq. We're going to tell you what John Edwards is saying today.
Plus, the inspiring story of a Gulf War veteran who never gave up six years after he lost a leg. A pilot makes military history. His story is ahead.
Stay with us. (COMMERCIAL BREAK)
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Aired October 26, 2004 - 08:59 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Seven days and counting now to the presidential election. Time for the candidates to get a little help from their friends on the trail.
Tons of missing explosives in Iraq triggering verbal blasts on the campaign trail.
Scott Peterson's parents called to the witness stand, trying to explain strange behavior by their son.
And the sky is certainly the limit for this man.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I had to at least try it. And I needed to show everybody and prove to everybody that I was capable of it.
(END VIDEO CLIP)
HEMMER: Now the Air Force pilot who proved he could still fly after losing a leg, now giving wounded veterans so much hope on this AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
HEMMER: Believe it or not, it is seven days and counting now on the calendar. Final week of the campaign 2004.
Good morning. Welcome back here.
This hour we'll look at the candidates and what they're doing now as they head into the home stretch, finding out about any last-minute strategy changes either with location or message. So that's coming up this hour.
SOLEDAD O'BRIEN, CNN ANCHOR: Also, Chief Justice William Rehnquist undergoing surgery for cancer. Is the seriousness of his condition being downplayed? We're going to take a look at what they're saying in Washington today, and also the new questions about the future of the court.
HEMMER: All right.
Jack Cafferty, good morning again.
JACK CAFFERTY, CNN ANCHOR: Good morning.
"Question of the Day," what's an acceptable time frame for Congress to enact any of the recommendations of the 9/11 Commission? It's been 96 days since the report came out. So far they've done nothing. AM@CNN.com.
HEMMER: All right, Jack.
Top of the hour now. Back to Heidi Collins, looking at the news and the headlines this hour. We start now in Iraq.
Good morning.
HEIDI COLLINS, CNN ANCHOR: We do. Good morning to you guys once again. And good morning to you, everybody.
The U.S. military says it dealt a blow to Islamic militant leader Abu Musab al-Zarqawi. Military sources say an early morning airstrike killed one of Zarqawi's associates, making it harder for the terror network to conduct attacks.
The Bush administration will reportedly ask for billions of dollars more to pay for the wars in Iraq and Afghanistan. According to reports in "The Washington Post," if he is re-elected the president will ask Congress for $70 billion early next year for emergency war funding. The total war costs would come close to $225 billion.
A new twist on the disappearance of some 400 tons of conventional explosives in Iraq. An NBC News crew embedded with the U.S. Army says the material was already gone from the Al Qaqaa storage facility by the time troops arrived there in April of last year. That was one day after the fall of Baghdad.
South Korea has declared a state of high alert this morning. Officials in Seoul say they found a hole cut in the fence along the border with North Korea, suggesting possible infiltration. The alert comes as Secretary of State Colin Powell arrives in Seoul. He's there trying to restart stalled talks on North Korea's nuclear weapons program.
Back now over to you.
HEMMER: All right, Heidi. Thanks.
Final push now under way for those undecided voters. The election just seven days away. But early voting well under way in some states.
A new CNN-"USA Today"-Gallup gives President Bush a slight edge in the latest numbers. Among likely voters, the president has a 5- point lead, but just a 2-point lead among registered voters. Another polling put the -- put the race now at a dead heat.
The political stars are on the trail. Former New York Mayor Rudy Giuliani stumped for the president in Iowa and Colorado, and the former president, Bill Clinton, campaigned for John Kerry in Pennsylvania yesterday. Today he is in the state of Florida. While the former president's still recovering from heart surgery, just about seven weeks ago, that did not stop him from coming out swinging yesterday.
(BEGIN VIDEO CLIP)
WILLIAM JEFFERSON CLINTON, FMR. PRESIDENT OF THE UNITED STATES: One of Clinton's laws of politics is this: if one candidate's trying to scare you, and the other one is trying to get you to think, if one candidate's appealing to your fears, and the other one's appealing to your hopes, you better vote for the person who wants you to think and hope.
(END VIDEO CLIP)
HEMMER: That was Bill Clinton on the stump yesterday. Today, let's talk more about it. Democratic strategist Lisa Caputo of the Time Warner Center in New York.
Lisa, good morning. Welcome back to you.
LISA CAPUTO, DEMOCRATIC STRATEGIST: Good morning.
HEMMER: Republican strategist Charlie Black is down in D.C.
And Charlie, good morning to you as well.
CHARLIE BLACK, REPUBLICAN STRATEGIST: Good morning, Bill.
HEMMER: Want to get started where we left off yesterday, Lisa. Listen to Senator Kerry about the allegations of these tons of munitions missing in Iraq. Here you go.
(BEGIN VIDEO CLIP)
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: After being warned about the danger of major stockpiles of explosives in Iraq, this president failed to guard those stockpiles, where nearly 380 tons of highly-explosive weapons were kept. Today, today we learned that these explosives are missing, unaccounted for, and potentially in the hands of terrorists.
(END VIDEO CLIP)
HEMMER: Lisa, now a day later, some of the facts are changing on this story. Did the Kerry campaign jump too soon on this?
CAPUTO: Oh, I don't think so. I mean, it's abundantly clear that the Bush administration wasn't minding the store.
Let's not forget, Bill, this is an administration that has run its presidential campaign on the premise of war and terror. That's all we've heard about this entire campaign. And so if that's going to be their platform, to have such a huge vulnerability in Iraq, which is what they're running on, to me puts the president at a great disadvantage going into the home stretch of the election. HEMMER: I want to get to Charlie on that. This is not necessarily clear, the record, though, is it, Charlie?
BLACK: Well, no. I mean, Senator Kerry's campaign consists of grabbing the worst bad-news headline out of the paper each morning and then blaming that bad news on President Bush.
It now turns out that those explosives probably weren't there when our troops arrived in Iraq. The NBC reporter who was embedded with the troops when they arrived says there were no explosives there, and to CNN's credit, you've reported that this morning. It's a bogus story. Kerry should have checked it out before he made a false accusation.
HEMMER: But more to the point, I think what Democrats are saying, you've got a list of 10 things you do before you start a war. You took care of nine of them, but this one remaining 10 percent area is costing an awful lot of lives and money along the way.
BLACK: Well, look, the fact is that President Bush is fighting the war on terrorism overseas. He's gone on offense against the terrorists.
Senator Kerry can't make up his mind how to fight the war or whether he wants to fight the war. He said at various times that if we get hit we'll fight back.
We don't want to get hit again in the United States and have Senator Kerry treat it as a law enforcement issue. We want to fight the terrorists in Iraq, in Afghanistan, wherever they are around the world to win the war.
HEMMER: Let me get to another issue here. Lisa, you jump on this one.
Our latest polling released yesterday shows the president's approval rating now above 50 percent, right at 51 percent. Based on the polling at Gallup, no incumbent since 1952 has lost re-election when the number has been above 50. Does that number concern you today, seven days out?
CAPUTO: Actually, no, Bill. I think you have to ember that the president has been below 50 for the majority of the campaign. And no incumbent below 50 has won re-election.
You know, these polls keep seesawing. We all know it's about the battleground states, seven of them. And I think what you'll see is the polls will continue to seesaw, certainly in the next couple of days, with Bush up, Kerry down, Kerry up, Bush down. So I don't think you can put much stock in these, except to say that there's been a long-standing history here during this campaign that the incumbent president is below 50 percent.
HEMMER: Well, two things that really stick out in these polling numbers. Charlie, let's advance to this one. It is so evenly divided on so many issues across the board based on what we put out yesterday. But this one poll is striking to us. When asked whether or not this campaign is mostly negative, if you go back to 2000 only 15 percent say yes. But this year it's 48 percent.
How does that translate a week from now? And is this good for the campaign process, Charlie?
BLACK: Well, I'm not sure it is. But it's the fault of the 527 independent groups, especially the liberal Democratic groups which have run tens of millions of dollars worth of negative ads.
And, you know, back to the last point, the president's approval rating is higher than John Kerry's because the American people want to know who is going to keep them safe, who is going to have the resolve and determination to fight the war on terrorism. And Kerry's been all over the map about whether he wants to fight it and how he would fight it.
CAPUTO: Bill, may I jump in here on one issue?
HEMMER: One final thought. Go ahead, Lisa.
CAPUTO: Just to set the record straight, President Bush is the one who's run the negative campaign. He spent three-quarters of his $80 million media spend this past spring attacking Senator Kerry, conducting the negative campaign. And if we're going to talk about 527s, let's give the equal time to the Swift Boat ads, which have been a major negative force in this campaign backed by the far right.
HEMMER: In the interest of time, we're out of time. So come on back.
What do we do November 3, by the way?
CAPUTO: I think we all go to vote.
HEMMER: Lisa Caputo, Charlie Black, thanks for your time this morning.
CAPUTO: Nice to see you, Bill.
BLACK: Thank you, Bill.
O'BRIEN: The defense in the Scott Peterson's double murder trial could rest its case later today. Jurors heard testimony from Peterson's parents yesterday. Former San Mateo county prosecutor Dean Johnson was in the courtroom. He joins us now to talk about what happened.
Dean, let's start with what the jurors heard. So this is a little bit of Scott Peterson canceling a golf game with this brother. Let's listen.
(BEGIN AUDIO CLIP) SCOTT PETERSON, DEFENDANT: I don't think I should come play golf. I think I better skip it, because I don't want a picture of me in the press.
(END AUDIO CLIP)
O'BRIEN: Why does the defense think that this could go a long way in proving that Scott Peterson did not kill his wife?
DEAN JOHNSON, FMR. SAN MATEO COUNTY PROSECUTOR: Well, this tape strikes the theme for yesterday's testimony. One of the most powerful pieces of prosecution evidence is the evidence, at least circumstantial, that Scott Peterson was about to flee to Mexico just before arrested.
This tape indicates that Scott Peterson was, in fact, going to play golf that day. Remember, he was arrested at a golf course. The other testimony offered yesterday, testimony from Scott Peterson's parents, similarly tries to neutralize the evidence that suggests that Scott Peterson was about to flee the jurisdiction.
O'BRIEN: Let's talk more specifically about the parents on the stand then. First, Scott Peterson's mother talked about that huge amount of cash that Scott Peterson was found with. What was her explanation, and did the jurors buy it?
JOHNSON: Well, I don't think the jurors bought any of the parents' testimony. Jackie Peterson's explanation about this huge amount of cash, she said it was payment for a truck that her other son was buying from Scott. But what she doesn't explain is why this payment was made in an envelope of cash delivered to Scott Peterson at a museum in southern California.
O'BRIEN: At the same time, Scott Peterson's father spoke a little bit about why Scott would have his brother's I.D. in his possession when he was stopped by police. Again, what was his explanation, and did the jurors buy that?
JOHNSON: Yes, again, another explanation that doesn't seem to ring true. Lee Peterson said that he had told Scott to get his brother's identification so that they could get a discount at the golf course for their greens' fees. But Lee Peterson also admitted that he, Lee Peterson, had a discount card, and that if one person in the foursome had a discount card the entire foursome got the discount. So there doesn't seem to be any good reason for Scott Peterson carrying a false I.D.
O'BRIEN: Did anyone give an explanation for why he was newly blonde when he was stopped by police?
JOHNSON: No. But we've heard all sorts of explanations about that, as well. It's been suggested that Scott Peterson possibly went swimming in a swimming pool with too much chlorine. And as we all know, that instantly turns your hair blonde.
O'BRIEN: There is, of course, an option that the judge is considering, which is to give the jurors a choice of going with second-degree murder for -- when they're considering what to do with Scott Peterson, when the case finally goes to the juror -- jury -- jurors.
What exactly are the implications of this?
I mean, to some degree, or to a large degree, it gives the jurors an option, which must work in favor of the prosecution. Does that mean that he would still face death, or no?
JOHNSON: Well, it's possible that Scott Peterson could face death, even on a verdict of second-degree murder. Under California law, there must be one first-degree murder conviction to get to the penalty phase of the trial. But it's possible.
It's certainly possible that this jury, looking at the facts, the facts particularly relating to premeditation and deliberation, could find Scott Peterson guilty of, say, a second-degree murder as to Laci Peterson, but a first-degree murder as to Conner Peterson. Because after Laci was killed, Scott Peterson made the choice whether or not to save his still living son, and he made the choice not to do so. That could earn him a route to the death penalty.
O'BRIEN: That's the prosecution's theory. Dean Johnson joining us this morning. Thanks -- Bill.
JOHNSON: Thank you.
HEMMER: Twelve minutes past the hour. Back to Jacqui Jeras, working for Chad today. What are you watching, Jacqui? Good morning.
JACQUI JERAS, CNN METEOROLOGIST: Hey. Well, stick with the California theme, Bill, and take a look at some wet, windy and cool weather.
(WEATHER REPORT)
HEMMER: Guess who was onstage last night, Jacqui?
JERAS: One guess I guess. Ashlee Simpson.
HEMMER: That's right. She was back last night in Vegas, Radio City Music Awards.
She was caught using a tape during a "Saturday Night Live" performance over the weekend. This show given a bit of a closer look. Watch and listen here.
(BEGIN VIDEO CLIP)
ASHLEE SIMPSON, SINGER: It's the wrong song. It's the wrong song, guys. Just kidding, you guys!
(END VIDEO CLIP)
HEMMER: That's how it started. The 19-year-old played for laughs last night. On Saturday, she blamed the band. Last night, she offered a new explanation. Listen here.
(BEGIN VIDEO CLIP)
SIMPSON: You know, it's crazy, but, you know, you move on and whatever. You know. Things happen. I'm a human being. And, you know...
UNIDENTIFIED MALE: And you haven't been feeling well, which people are just now saying something was wrong with your throat.
SIMPSON: I have severe acid reflex. And the day of "Saturday Night Live" I actually completely lost my voice. And in the rehearsals it was going great, and then, you know, comes like four hours into the show and I lost my voice. So...
(END VIDEO CLIP)
HEMMER: Think that passes the smell test, Soledad?
O'BRIEN: You know, it's crazy but I'm a human being, Bill.
HEMMER: Well, the top three excuses we've come up with so far since Saturday night, the band played the wrong song. That was one. That was what we heard on "Saturday Night Live" with Jude Law.
O'BRIEN: Blame the band. Good strategy, Ashlee.
HEMMER: NBC played the wrong tape.
O'BRIEN: Blame the network. Good strategy, Ashlee.
HEMMER: And number three, well actually number one, as of last night, acid reflux.
O'BRIEN: A little TMI, I think. I would not have gone with that.
HEMMER: Her father says they've never done that before and never will again. Yes, "Pieces of Me."
O'BRIEN: I'm not sure I can go on after that.
All right. Still to come this morning, breast cancer, serious topic. It's obviously a difficult ordeal, not only for the woman but also the man in her life, as well. This morning we get some advice on what husbands can do to help their wives through it.
A book written by a man whose wife had breast cancer. Really remarkable and terrific advice. We'll talk to him.
HEMMER: Also in a moment, six years after his leg was amputated, a Gulf War veteran flies into the history books. A story of inspiration, too. You'll hear from him this hour.
O'BRIEN: And Chief Justice Rehnquist's cancer could create a void on the bench. What happens if the high court has to decide the election once again? We're looking at that ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: The Supreme Court has suddenly become a campaign issue with news that Chief Justice William Rehnquist is battling thyroid cancer. He's now recovering after throat surgery this past weekend. We've got more from Justice correspondent Kelli Arena.
(BEGIN VIDEOTAPE)
KELLI ARENA, CNN JUSTICE CORRESPONDENT (voice-over): It took nearly everyone by surprise, but the seriousness of the chief justice's health problem was immediately apparent.
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 home stretch of a presidential campaign.
ARENA: Chief Justice William Rehnquist remains in the hospital. He's been diagnosed with thyroid cancer. His doctors aren't talking. The Supreme Court says he is expected to be on the bench when the court reconvenes next Monday.
WILLIAM REHNQUIST, CHIEF JUSTICE OF THE U.S.: 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.
ARENA: The public knows him best from the impeachment trial of President Clinton.
REHNQUIST: And he hereby is acquitted of the charges in the said articles.
ARENA: And then there was the Bush v. Gore decision four years ago. (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)
O'BRIEN: CNN senior legal analyst Jeff Toobin tells us what could happen if the court has to decide the election and ends in a 4-4 tie.
(BEGIN VIDEO CLIP)
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Many appeals courts and even state Supreme Courts have procedures for using substitute justices for when there's a vacancy. Not the Supreme Court. A 4-4 decision affirms the decision of the lower court.
What that would have meant four years ago is that the Florida Supreme Court would have been affirmed. The recount would have proceed. Al Gore might be president. So that gives you an idea of how significant a vacancy can be.
(END VIDEO CLIP)
O'BRIEN: Justice Rehnquist's illness puts the Supreme Court in play on the campaign trail. But pollsters are saying that people interested in the makeup of the Supreme Court are likely to have already decided who they're going to vote for -- Bill.
HEMMER: Twenty minutes past the hour, Soledad.
In a moment, Democrats hoping Bill Clinton will remind voters of good economic times. But do the Republicans have a supporter to eclipse the former president's star power? Bill Schneider takes a blow-by-blow look in a moment on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Back to Jack now and the "Question of the Day."
CAFFERTY: Thank you, Bill.
It's been 96 days since the 9/11 Commission issued its report on how to protect the country from terrorism. And Congress has been unable -- that's not actually right. Congress has failed to adopt any of the major recommendations.
It's not that they've been unable. Of course they've been able. They just haven't done it.
Originally they couldn't do it until next year because they were much too busy. Then they took six weeks off. Now they say, well, we probably won't get it done before the election, but they're going to take two more months off. They won't be back until January of next year.
The question is this: what's an acceptable time frame for the lawmakers to act on the 9/11 recommendations? There's some angry people out there.
Terry in Norfolk, Arkansas, writes this: "The allowable time frame has come and gone. Funny how they had time to vote themselves a raise recently. We need to get rid of every one of our congressmen and senators. They are all incompetent."
Greg in Royal Oak, Michigan, "Let us not forget the House and Senate are controlled by the Republican Party. If Bush had any influence and wanted the 9/11 Commission report acted upon, it would have been done."
Robert writes, "Whatever was reasonable is passed. But then we have a Republican Congress led by the strong, honest, truthful, competent President Bush, who, along with his sidekick, Dick Cheney, has said if we elect them we don't have to worry about any more attacks. So what's the rush?"
And Russ in Kingman, Arizona, "Jack, maybe if Congress thought the terrorists were gay and thinking about getting married that would speed up the process."
(LAUGHTER)
CAFFERTY: Right on. See, they debated the gay marriage amendment in the middle of the summer when they didn't have time to address this stuff.
HEMMER: Thank you, Jack.
Hey, here's a shocker. Did you hear about this last night?
CAFFERTY: What?
HEMMER: The Cincinnati Bengals actually won a football game.
CAFFERTY: I have a question.
HEMMER: True story.
CAFFERTY: I have a question.
O'BRIEN: Yes?
HEMMER: Watch this catch, by the way. Wow!
CAFFERTY: That's terrific. Why is it they only let Cincinnati on "Monday Night Football" every 15 years?
HEMMER: Because they stink.
O'BRIEN: I was going to ask that.
CAFFERTY: Ah, there's the answer.
HEMMER: They're terrible.
CAFFERTY: OK.
HEMMER: Chad Johnson, seven catches, 149 yards. Rudy Johnson, a nice little run here. The Bengals beat the Broncos. A major upset, by the way -- 23-10.
CAFFERTY: Oh, yes. Broncos are...
(CROSSTALK)
HEMMER: Jack, get this: the first time Cincinnati has hosted a game on Monday night since 1989.
CAFFERTY: That was my question.
HEMMER: I have nieces and nephews who are like 13, 14 years old. Since they've been alive the Bengals have never had a winning season.
CAFFERTY: They're beginning to sound like the Red Sox.
HEMMER: They won last night. By the way, I picked the Broncos in the pool.
CAFFERTY: You're excited about that. Bill, of course, is from Cincinnati.
O'BRIEN: Yes, we should explain.
CAFFERTY: Yes. That's why the hysteria there over their victory.
HEMMER: Minor.
(LAUGHTER)
HEMMER: Just for a day.
O'BRIEN: Just for a day?
CAFFERTY: You can gloat.
O'BRIEN: What, then they lose again tomorrow? Is that what you're saying?
Still to come, the Democrats sink their teeth into the issue of missing explosives in Iraq. We're going to tell you what John Edwards is saying today.
Plus, the inspiring story of a Gulf War veteran who never gave up six years after he lost a leg. A pilot makes military history. His story is ahead.
Stay with us. (COMMERCIAL BREAK)
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