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CNN Live At Daybreak

Arrival of Top Islamic Cleric From West Bank at Paris Hospital Where Arafat is in Critical Condition; Latest Developments from Falluja on U.S. Offensive Against Insurgents

Aired November 10, 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: Good morning to you and welcome to DAYBREAK.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.

Thanks for joining us this morning.

Now in the news, word in from Iraq this morning, gunmen have kidnapped three members of Prime Minister Ayad Allawi's family. The government says Allawi's first cousin, the cousin's wife and another relative were taken from their Baghdad home on Tuesday.

U.S. troops have now made it all the way to the center of Falluja. A top U.S. commander says they're ahead of schedule, but there will likely be several more days of fighting.

And it was a tense night at lax. A Cathay Pacific jet carrying 330 passengers made an emergency landing just after midnight. One of the plane's engines may have caught fire. The pilot was able to make a safe landing.

Starting over, that's what the jury in Scott Peterson's California murder trial will be doing this morning. The judge dismissed juror number seven, identified as Fran Gorman. Our legal analyst, Kendall Coffey, will weigh in at 20 minutes past the hour -- Chad.

CHAD MYERS, CNN METEOROLOGIST: I do want to hear why she was dismissed.

COSTELLO: Oh, we've got all the details.

MYERS: Yes, I will definitely be staying along for that.

(WEATHER REPORT)

COSTELLO: Palestinian leader Yasser Arafat is described as gravely ill this morning. That has Palestinian officials bracing for the worst and trying to get ready for what may be Arafat's final hours.

Let's head live to Paris now and Jim Bittermann -- we do understand that Islamic cleric has arrived.

JIM BITTERMANN, CNN CORRESPONDENT: That's right, Carol. He arrived just a few minutes ago. Taisser al-Tamimi, one of the top clerics on the West Bank and Gaza. He is also an Islamic judge and a most respected figure in the Palestinian territories.

He is here to pray, he said, at Yasser Arafat's side. He said, he lectured journalists about the kind of misinformation he felt was coming out of here. He said under no circumstances would he authorize the removal of any kind of life support equipment.

There's been a suggestion that perhaps he was coming for that reason. It was reported in some newspapers yesterday that that was the reason for his visit. But he said that wouldn't happen under any circumstances as far as he was concerned, that the equipment that is supporting Yasser Arafat's life wouldn't be removed until there are no signs of life. And then he went into the hospital to visit his old friend, Yasser Arafat -- Carol.

COSTELLO: Jim Bittermann live in Paris.

And just so you know, to bring you up to date, the funeral is being planned to take place in Egypt. And as far as it goes right now, Yasser Arafat will probably be married -- be buried in Ramallah, near his compound.

The battle of Falluja is still in full swing. U.S. forces say they're gaining ground, taking about 70 percent of the insurgent stronghold.

Our Jane Arraf is embedded with the Army.

She joins us live on the phone -- hello, Jane.

JANE ARRAF, CNN CORRESPONDENT: Hello, Carol.

I just wanted to let you know what we're doing this morning. We're out with the brigade reconnaissance team from Task Force 22 of the Army's 1st Infantry Division. And we're now in the industrial area, thought to be a stronghold of foreign fighters. They are re- clearing this area after coming through the first time two days ago to pave the way for the Marines to come through. They believe some of the insurgents have come back and they are going building to building, essentially.

We've just passed by an anti-tank mine, an indication that this place is littered with mines and explosive devices -- Carol.

COSTELLO: Jane, I wanted to ask you about the number of foreign fighters that the men and women you're with are running into.

ARRAF: Hard to tell yet whether they're foreign fighters or whether they are homegrown fighters. But certainly there are some of them. Troops here are receiving -- are taking fire, rocket propelled grenades and small arms fire as we go through these streets. And it's a similar situation in other parts of the city.

Yesterday, apparently a major coup, a strike that killed between 15 and 20 suspected insurgents in a building in the center of Falluja. They are still trying to determine the identities of those people. But artillery strikes were called in.

Most of the cells are believed to be smaller here, between two to five people, but they are still seeing groups, they say, of 15, 20 and more insurgents congregating -- Carol.

COSTELLO: Have they been able to make arrests, as well, Jane?

ARRAF: They have. This is the kind of fight, though, the intensity of it is that the insurgents are more likely to be killed than arrested. Essentially they're using the kind of firepower that will ensure that basically there's very little chance of anyone getting away when they do drop these bombs, when they launch these air strikes and when they launch this artillery.

There certainly are people being arrested, detained and questioned, even as we speak. But a greater number of them will be killed.

COSTELLO: Jane Arraf reporting live from somewhere in Falluja.

You stay safe, Jane.

Thank you.

More now on the kidnappings in Iraq. This time the kidnappers target a prominent family.

Our Ayman Mohyeldin is in Baghdad.

He has the latest for us -- any new information now?

AYMAN MOHYELDIN, CNN CORRESPONDENT: Yes, Carol. CNN just spoke to the Iraqi prime minister's office, who has come out with a statement denouncing the attack and giving a little bit more detail about the identity of the relatives that were kidnapped.

According to the Iraqi interim prime minister's office, Tuesday morning was the time of the attack, where 75-year-old Ghazi Allawi, the first cousin of the Iraqi interim prime minister, Ayad Allawi, was kidnapped, along with his daughter-in-law, the wife of his son.

Now, the details according to the Iraqi prime minister's office are not quite clear at this time. They have told us that armed gunmen raided the house in the Armuk neighborhood of Baghdad, where they were kidnapped from. This slightly contradicts a source from close to the family that told us that there were three individuals that were kidnapped in the attack -- Carol.

COSTELLO: Any word, any demand for a ransom? Any word as to why?

MOHYELDIN: No, at this time we have no word from who the kidnappers are or any demands that may have been made. We are -- we've seen attacks or kidnappings before in Iraq with various motivations, including political motivations and financial motivations. But at this time there is still no word on who these kidnappers were and what demands they may have.

COSTELLO: Ayman Mohyeldin reporting live from Baghdad for us this morning.

Thank you.

To American politics now, the president's cabinet is going to look different this time around. Attorney General John Ashcroft is on his way out and Commerce Secretary Don Evans says it's time for him to go home, back to Texas.

CNN's senior White House correspondent John King takes a look at the shakeup.

(BEGIN VIDEO TAPE)

JOHN KING, CNN CORRESPONDENT: (voice-over): The attorney general's resignation letter is dated November 2, Election Day, handwritten, he told the president, to keep his plans secret even from top aides, until Mr. Bush decided the time was right for an announcement. That announcement came a week later, Tuesday night, along with word a second high profile member of the Bush cabinet, Commerce Secretary Don Evans, also would not be staying on for the second Bush term.

In his five page letter, Ashcroft voiced pride in the administration's record in fighting terrorism and both corporate and violent crime but said, "I believe that the Department of Justice would be well-served by new leadership and fresh inspiration."

The 62-year-old Ashcroft is a former Missouri governor and senator, an evangelical Christian, a favorite of social and religious conservatives. Critics accuse Ashcroft of being overzealous in his use of the Patriot Act, a post-9/11 tool to fight terrorism. The liberal organization People for the American Way, for example, called Ashcroft one of the most destructive attorneys general in the modern era and said his tenure is marked by a severe erosion of constitutional liberties.

But the president called Ashcroft a key figure in protecting Americans from terrorism and said he has made sure that the rights of Americans are respected and protected.

Potential successors include Larry Thompson, a former top Ashcroft deputy; former Montana governor and Bush campaign chairman Marc Racicot; and White House counsel Alberto Gonzales.

Secretary Evans submitted his resignation Tuesday, one day after the White House made clear Chief of Staff Andy Card would be staying on to begin the new term. Evans had made clear during the campaign that four years at Commerce was enough, and told Mr. Bush in his letter, "I have concluded with deep regret that it is time for me to return home." Secretary Evans was the chief fundraiser for the Bush 2000 presidential campaign. The man who held that post this year, Mercer Reynolds, is among those mentioned as potential successors at Commerce.

(on camera): Both Ashcroft and Evans say they plan to stay on until successors are confirmed. And as the president begins to mull his choices, aides say even more cabinet turnover is possible before the week is out.

John King, CNN, the White House.

(END VIDEO TAPE)

COSTELLO: In other stories across America this Wednesday, tense moments in the Mexican consulate's office in Los Angeles. An armed man took a pregnant employee hostage and demanded the media be called at once. Police shocked the kidnapper and rescued the woman. She was not harmed. The kidnapper, though, critical condition. Authorities say they're still trying to figure out a motive.

Somewhat disturbing video here. In Oregon, a high school student is charged with assault for his part in this beating. Two students videotaped themselves attacking another boy at a Junction City high school. The tape was edited onto DVD with music and then distributed around the school. Police believe the beatings were carried out just so the boys could make the DVD.

And in Red Bank, Tennessee, two female employees claimed their boss spanked them for making mistakes on the job. They worked at the snow cone shop. One says the man made her sign a waiver giving her permission to "bust my behind any way he sees fit." The 57-year-old man now faces two charges of sexual battery.

Still to come, the Arab voice -- we'll examine how the media in the Middle East are covering the operation under way in Falluja.

Then, could a change in the jury room affect the outcome in the Scott Peterson trial?

And we will get to the bottom of that cereal box and see if all of those nutritional promises are true.

But first, here's a look at what else is making news this Wednesday morning.

(COMMERCIAL BREAK)

COSTELLO: Your news, money, weather and sports.

It's 6:14 Eastern.

Here's what's all new this morning.

Word now in from Iraq, gunmen have kidnapped three members of Prime Minister Ayad Allawi's family. The government says Allawi's first cousin, the cousin's wife and another relative were taken from their Baghdad home on Tuesday.

A top Muslim cleric is now in Paris at the hospital to see Yasser Arafat. The Palestinian leader is described as gravely ill. His funeral plans are being decided by Palestinian and Israeli leaders.

In business news, confidence over the winter supply led oil prices to fall in overnight trading. The ppb now down to $47.28. That's down nearly $8 a barrel in the past three weeks.

In culture, Renee Zellweger takes a time out. The actress says after she's done promoting her latest Bridget Jones movies, or movie, rather, she's going to take a much needed break.

In just a bit, we'll tackle last night's Country Music Awards.

In sports, Miami Dolphins head coach Dave Wannstedt calls it quits. The team has the worst record in football. The Dolphins are one in eight, their worst start since 1967.

Ooh, I pity the next one who comes in and takes over a team in midseason -- Chad.

MYERS: Well, where do you go from here? You go up, I hope.

COSTELLO: Hopefully.

MYERS: Good morning.

(WEATHER REPORT)

COSTELLO: Those are the latest headlines for you this morning.

You know, the way we see the Iraq war is far different than the Arab world sees the battle for Falluja. Those who report the news for Al Jazeera and other Arab networks are sending different images and sound bites to the world.

We want to show you some examples this morning.

With us now, our senior editor of Arab affairs, Octavia Nasr.

Thanks for joining us -- Octavia.

OCTAVIA NASR, CNN CORRESPONDENT: Thank you for having me.

COSTELLO: So, what is the difference between our coverage and coverage in the Arab world?

NASR: Well, this time around the difference is huge. You are going to see this anchor from Al Jazeera, which we're going to play for you in a second, this anchor is apologizing to viewers, saying that we cannot bring you the story from Falluja because we are not there. You may remember, about three months ago, the interim government closed down the bureau of Al Jazeera. And here you're looking at their coverage using agencies. They are not there and they're apologizing to their viewers for not being there and therefore not being able to tell the story from the other side.

So what Arab viewers saw, for example, in April, and they're not seeing today, is casualty reports, aftermath of the operation. And that is not airing on Arab networks.

COSTELLO: Some here in the United States might say that's a good thing.

NASR: Well, absolutely. That's exactly what the U.S. wants, because you remember in April the U.S. was up in arms about Al Jazeera's coverage. They claimed that Al Jazeera was lying about these casualties, that these were not casualties of the offensive and so forth. Of course, Al Jazeera claims otherwise and they claim that the U.S. is trying to shut them off. And, you know, they tried to fight back, but obviously the interim government in Iraq just closed down their office.

Now, very interesting is the name of the operation, and that's getting a lot of play on Arab media. You know, the U.S. called the operation, initially they called it Phantom Fury. That's not sounding very well in Arabic, I have to tell you. And a lot of guests on Arab media, for example, are saying, you see, this shows you what the intentions are. This is what the U.S. soldiers are out to do. This is Phantom Fury. This is very aggressive, basically. They like more and they describe it as more hopeful, the description that the Iraqis gave the operation, which is the Dawn. That means the beginning of a new day. They're saying it's more hopeful, it's more positive, they...

COSTELLO: But the intent is the same as far as what -- I mean they're rooting out insurgents and that's certainly what the Arab press, I shouldn't say want, but that's what the Iraqis within Falluja want also.

NASR: Right. It's a matter of perception. You know, when you say, you know, the way we covered things versus the way they cover things, these are the things that they stop at and they say well, Phantom Fury, that's scary. The Dawn is, you know, more hopeful.

These are the things that they stop at. They try to understand the motives behind the U.S. attack on Falluja. They say that the U.S. is trying to flex its muscles, that it's trying to make up for what it couldn't achieve back in April, this is just a show of force.

Of course, the U.S. is going to prevail...

COSTELLO: Well, it absolutely is.

NASR: Right. You know, it's like there is no doubt in anybody's mind that the U.S. is going to prevail in Falluja. They're just waiting to see what the U.S. is going to deliver, you know, how many people they're going to be able to arrest, what kind of weapons they're going to be able to show at the end of the operation.

COSTELLO: Octavia Nasr, thanks for joining DAYBREAK this morning. Coming up after the break, seven is not a lucky number for Scott Peterson's jury. Juror number seven out. An alternate in. We'll talk to our legal analyst Kendall Coffey.

And at the bottom of the hour, preparing for life after Yasser Arafat. The Palestinians face an uncertain future.

We'll have more DAYBREAK coming up.

(COMMERCIAL BREAK)

COSTELLO: It's getting a little more complicated in the Scott Peterson trial. The judge has removed one of the jurors, Fran Gorman, for alleged misconduct. I guess it's not alleged anymore. There was misconduct. There is that possibility she conducted research on the case on her own. And that is a no-no during a criminal trial.

So what happens in the double murder case now?

Our legal analyst Kendall Coffey is here to sort it out -- good morning, Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: So Fran Gorman is an auditor. She actually has a Web site. She's very into facts. That's what you learn from her Web site.

What was she trying to find out?

COFFEY: You know, we don't know. The one thing that's clear is she violated one of the cardinal rules. Judges repeatedly instruct jurors, you've got to rely on the evidence on the witness stand, the exhibits I, the judge, allow into evidence. You're not supposed to go out there and make up your own rules, your own investigation. So that's clear misconduct. She's gone.

Who knows who it's going to help? My sense is she was probably a pretty good juror for the defense, but she may have been replaced, potentially, by a great juror for the defense.

COSTELLO: Let's get back to the issue of this investigating on your own.

We know on Monday jurors asked to see Scott Peterson's boat. Two of the jurors jumped in the boat and like tried to tip it over. That was sort of trying to find out things on your own that you didn't get during the trial.

Why isn't that jury misconduct?

COFFEY: It's all a question of what the judge allows and what the judge doesn't allow. The judge admitted that basic process that the boat is evidence, allowed the jury to take a look at it. They, jurors do examine personally some of the evidence that judges allow into evidence. What was critically different here is this juror, on her own, apparently, did some investigation without telling anybody and may have stumbled into some things that weren't supposed to be part of the relevant evidence in this trial.

COSTELLO: Which brings this, the judge in the case also reinstructed the jury again, saying this: "It is rarely helpful for a juror at the beginning of deliberations to express an emphatic opinion on the case or to announce a determination to stand for a certain verdict. When one does that at the outset, a sense of pride may be aroused and one may hesitate to change a position even if it is shown it is wrong."

This sounds as if one or more of the jurors won't budge.

Was it juror number seven?

COFFEY: That's some of the speculation. But there are a lot of indications that there's some divisions on this jury, Carol. This deliberation could go on for a while. And this is the kind of case that creates divisions because it's a circumstantial case, no clear cut certain evidence that says he did it. On the other hand, jurors don't see anyone else who might have done it.

So there's going to be very strong feelings on both sides, especially because it's such a heinous crime. If a juror really believes Scott Peterson did it, he or she is not going to give up easily.

COSTELLO: Interesting.

Kendall Coffey live in Miami this morning.

Thank you.

And, by the way, an alternate has been assigned to take juror number seven's place, so deliberations will move on, and they'll start back at the beginning.

Just ahead on CNN DAYBREAK, Bill Clinton weighs in on the Palestinian leadership situation and what it means for peace prospects.

And put down that spoon. We'll dive into your cereal bowl with our registered dietitian and find out what you're really eating.

This is DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: And good morning to you.

From the CNN Global Headquarters in Atlanta, I'm Carol Costello.

Now in the news, Palestinian and Israeli officials are making plans for Yasser Arafat's funeral. The Palestinian leader is gravely ill, still at that Paris hospital. A top Muslim cleric has arrived at the hospital and he got to see Arafat less than an hour ago.

In Iraq, U.S. forces are pushing deeper into Falluja this morning. They say they now control about 70 percent of the insurgents' stronghold. They breached the city center, but they expect several more days of fighting.

The State Department's second in command is in Afghanistan today. Deputy Secretary of State Richard Armitage praised the nation's recent presidential elections, but he suggests next year's parliamentary elections may be tougher to handle.

A truck driver is still missing after his tractor trailer went into a lake on the Georgia-South Carolina border last night. The tractor trailer collided with another truck before hitting the lake. Four hundred gallons of fuel spilled into that lake.

To the forecast center and Chad -- good morning.

MYERS: Good morning, Carol.

(WEATHER REPORT)

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Aired November 10, 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: Good morning to you and welcome to DAYBREAK.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.

Thanks for joining us this morning.

Now in the news, word in from Iraq this morning, gunmen have kidnapped three members of Prime Minister Ayad Allawi's family. The government says Allawi's first cousin, the cousin's wife and another relative were taken from their Baghdad home on Tuesday.

U.S. troops have now made it all the way to the center of Falluja. A top U.S. commander says they're ahead of schedule, but there will likely be several more days of fighting.

And it was a tense night at lax. A Cathay Pacific jet carrying 330 passengers made an emergency landing just after midnight. One of the plane's engines may have caught fire. The pilot was able to make a safe landing.

Starting over, that's what the jury in Scott Peterson's California murder trial will be doing this morning. The judge dismissed juror number seven, identified as Fran Gorman. Our legal analyst, Kendall Coffey, will weigh in at 20 minutes past the hour -- Chad.

CHAD MYERS, CNN METEOROLOGIST: I do want to hear why she was dismissed.

COSTELLO: Oh, we've got all the details.

MYERS: Yes, I will definitely be staying along for that.

(WEATHER REPORT)

COSTELLO: Palestinian leader Yasser Arafat is described as gravely ill this morning. That has Palestinian officials bracing for the worst and trying to get ready for what may be Arafat's final hours.

Let's head live to Paris now and Jim Bittermann -- we do understand that Islamic cleric has arrived.

JIM BITTERMANN, CNN CORRESPONDENT: That's right, Carol. He arrived just a few minutes ago. Taisser al-Tamimi, one of the top clerics on the West Bank and Gaza. He is also an Islamic judge and a most respected figure in the Palestinian territories.

He is here to pray, he said, at Yasser Arafat's side. He said, he lectured journalists about the kind of misinformation he felt was coming out of here. He said under no circumstances would he authorize the removal of any kind of life support equipment.

There's been a suggestion that perhaps he was coming for that reason. It was reported in some newspapers yesterday that that was the reason for his visit. But he said that wouldn't happen under any circumstances as far as he was concerned, that the equipment that is supporting Yasser Arafat's life wouldn't be removed until there are no signs of life. And then he went into the hospital to visit his old friend, Yasser Arafat -- Carol.

COSTELLO: Jim Bittermann live in Paris.

And just so you know, to bring you up to date, the funeral is being planned to take place in Egypt. And as far as it goes right now, Yasser Arafat will probably be married -- be buried in Ramallah, near his compound.

The battle of Falluja is still in full swing. U.S. forces say they're gaining ground, taking about 70 percent of the insurgent stronghold.

Our Jane Arraf is embedded with the Army.

She joins us live on the phone -- hello, Jane.

JANE ARRAF, CNN CORRESPONDENT: Hello, Carol.

I just wanted to let you know what we're doing this morning. We're out with the brigade reconnaissance team from Task Force 22 of the Army's 1st Infantry Division. And we're now in the industrial area, thought to be a stronghold of foreign fighters. They are re- clearing this area after coming through the first time two days ago to pave the way for the Marines to come through. They believe some of the insurgents have come back and they are going building to building, essentially.

We've just passed by an anti-tank mine, an indication that this place is littered with mines and explosive devices -- Carol.

COSTELLO: Jane, I wanted to ask you about the number of foreign fighters that the men and women you're with are running into.

ARRAF: Hard to tell yet whether they're foreign fighters or whether they are homegrown fighters. But certainly there are some of them. Troops here are receiving -- are taking fire, rocket propelled grenades and small arms fire as we go through these streets. And it's a similar situation in other parts of the city.

Yesterday, apparently a major coup, a strike that killed between 15 and 20 suspected insurgents in a building in the center of Falluja. They are still trying to determine the identities of those people. But artillery strikes were called in.

Most of the cells are believed to be smaller here, between two to five people, but they are still seeing groups, they say, of 15, 20 and more insurgents congregating -- Carol.

COSTELLO: Have they been able to make arrests, as well, Jane?

ARRAF: They have. This is the kind of fight, though, the intensity of it is that the insurgents are more likely to be killed than arrested. Essentially they're using the kind of firepower that will ensure that basically there's very little chance of anyone getting away when they do drop these bombs, when they launch these air strikes and when they launch this artillery.

There certainly are people being arrested, detained and questioned, even as we speak. But a greater number of them will be killed.

COSTELLO: Jane Arraf reporting live from somewhere in Falluja.

You stay safe, Jane.

Thank you.

More now on the kidnappings in Iraq. This time the kidnappers target a prominent family.

Our Ayman Mohyeldin is in Baghdad.

He has the latest for us -- any new information now?

AYMAN MOHYELDIN, CNN CORRESPONDENT: Yes, Carol. CNN just spoke to the Iraqi prime minister's office, who has come out with a statement denouncing the attack and giving a little bit more detail about the identity of the relatives that were kidnapped.

According to the Iraqi interim prime minister's office, Tuesday morning was the time of the attack, where 75-year-old Ghazi Allawi, the first cousin of the Iraqi interim prime minister, Ayad Allawi, was kidnapped, along with his daughter-in-law, the wife of his son.

Now, the details according to the Iraqi prime minister's office are not quite clear at this time. They have told us that armed gunmen raided the house in the Armuk neighborhood of Baghdad, where they were kidnapped from. This slightly contradicts a source from close to the family that told us that there were three individuals that were kidnapped in the attack -- Carol.

COSTELLO: Any word, any demand for a ransom? Any word as to why?

MOHYELDIN: No, at this time we have no word from who the kidnappers are or any demands that may have been made. We are -- we've seen attacks or kidnappings before in Iraq with various motivations, including political motivations and financial motivations. But at this time there is still no word on who these kidnappers were and what demands they may have.

COSTELLO: Ayman Mohyeldin reporting live from Baghdad for us this morning.

Thank you.

To American politics now, the president's cabinet is going to look different this time around. Attorney General John Ashcroft is on his way out and Commerce Secretary Don Evans says it's time for him to go home, back to Texas.

CNN's senior White House correspondent John King takes a look at the shakeup.

(BEGIN VIDEO TAPE)

JOHN KING, CNN CORRESPONDENT: (voice-over): The attorney general's resignation letter is dated November 2, Election Day, handwritten, he told the president, to keep his plans secret even from top aides, until Mr. Bush decided the time was right for an announcement. That announcement came a week later, Tuesday night, along with word a second high profile member of the Bush cabinet, Commerce Secretary Don Evans, also would not be staying on for the second Bush term.

In his five page letter, Ashcroft voiced pride in the administration's record in fighting terrorism and both corporate and violent crime but said, "I believe that the Department of Justice would be well-served by new leadership and fresh inspiration."

The 62-year-old Ashcroft is a former Missouri governor and senator, an evangelical Christian, a favorite of social and religious conservatives. Critics accuse Ashcroft of being overzealous in his use of the Patriot Act, a post-9/11 tool to fight terrorism. The liberal organization People for the American Way, for example, called Ashcroft one of the most destructive attorneys general in the modern era and said his tenure is marked by a severe erosion of constitutional liberties.

But the president called Ashcroft a key figure in protecting Americans from terrorism and said he has made sure that the rights of Americans are respected and protected.

Potential successors include Larry Thompson, a former top Ashcroft deputy; former Montana governor and Bush campaign chairman Marc Racicot; and White House counsel Alberto Gonzales.

Secretary Evans submitted his resignation Tuesday, one day after the White House made clear Chief of Staff Andy Card would be staying on to begin the new term. Evans had made clear during the campaign that four years at Commerce was enough, and told Mr. Bush in his letter, "I have concluded with deep regret that it is time for me to return home." Secretary Evans was the chief fundraiser for the Bush 2000 presidential campaign. The man who held that post this year, Mercer Reynolds, is among those mentioned as potential successors at Commerce.

(on camera): Both Ashcroft and Evans say they plan to stay on until successors are confirmed. And as the president begins to mull his choices, aides say even more cabinet turnover is possible before the week is out.

John King, CNN, the White House.

(END VIDEO TAPE)

COSTELLO: In other stories across America this Wednesday, tense moments in the Mexican consulate's office in Los Angeles. An armed man took a pregnant employee hostage and demanded the media be called at once. Police shocked the kidnapper and rescued the woman. She was not harmed. The kidnapper, though, critical condition. Authorities say they're still trying to figure out a motive.

Somewhat disturbing video here. In Oregon, a high school student is charged with assault for his part in this beating. Two students videotaped themselves attacking another boy at a Junction City high school. The tape was edited onto DVD with music and then distributed around the school. Police believe the beatings were carried out just so the boys could make the DVD.

And in Red Bank, Tennessee, two female employees claimed their boss spanked them for making mistakes on the job. They worked at the snow cone shop. One says the man made her sign a waiver giving her permission to "bust my behind any way he sees fit." The 57-year-old man now faces two charges of sexual battery.

Still to come, the Arab voice -- we'll examine how the media in the Middle East are covering the operation under way in Falluja.

Then, could a change in the jury room affect the outcome in the Scott Peterson trial?

And we will get to the bottom of that cereal box and see if all of those nutritional promises are true.

But first, here's a look at what else is making news this Wednesday morning.

(COMMERCIAL BREAK)

COSTELLO: Your news, money, weather and sports.

It's 6:14 Eastern.

Here's what's all new this morning.

Word now in from Iraq, gunmen have kidnapped three members of Prime Minister Ayad Allawi's family. The government says Allawi's first cousin, the cousin's wife and another relative were taken from their Baghdad home on Tuesday.

A top Muslim cleric is now in Paris at the hospital to see Yasser Arafat. The Palestinian leader is described as gravely ill. His funeral plans are being decided by Palestinian and Israeli leaders.

In business news, confidence over the winter supply led oil prices to fall in overnight trading. The ppb now down to $47.28. That's down nearly $8 a barrel in the past three weeks.

In culture, Renee Zellweger takes a time out. The actress says after she's done promoting her latest Bridget Jones movies, or movie, rather, she's going to take a much needed break.

In just a bit, we'll tackle last night's Country Music Awards.

In sports, Miami Dolphins head coach Dave Wannstedt calls it quits. The team has the worst record in football. The Dolphins are one in eight, their worst start since 1967.

Ooh, I pity the next one who comes in and takes over a team in midseason -- Chad.

MYERS: Well, where do you go from here? You go up, I hope.

COSTELLO: Hopefully.

MYERS: Good morning.

(WEATHER REPORT)

COSTELLO: Those are the latest headlines for you this morning.

You know, the way we see the Iraq war is far different than the Arab world sees the battle for Falluja. Those who report the news for Al Jazeera and other Arab networks are sending different images and sound bites to the world.

We want to show you some examples this morning.

With us now, our senior editor of Arab affairs, Octavia Nasr.

Thanks for joining us -- Octavia.

OCTAVIA NASR, CNN CORRESPONDENT: Thank you for having me.

COSTELLO: So, what is the difference between our coverage and coverage in the Arab world?

NASR: Well, this time around the difference is huge. You are going to see this anchor from Al Jazeera, which we're going to play for you in a second, this anchor is apologizing to viewers, saying that we cannot bring you the story from Falluja because we are not there. You may remember, about three months ago, the interim government closed down the bureau of Al Jazeera. And here you're looking at their coverage using agencies. They are not there and they're apologizing to their viewers for not being there and therefore not being able to tell the story from the other side.

So what Arab viewers saw, for example, in April, and they're not seeing today, is casualty reports, aftermath of the operation. And that is not airing on Arab networks.

COSTELLO: Some here in the United States might say that's a good thing.

NASR: Well, absolutely. That's exactly what the U.S. wants, because you remember in April the U.S. was up in arms about Al Jazeera's coverage. They claimed that Al Jazeera was lying about these casualties, that these were not casualties of the offensive and so forth. Of course, Al Jazeera claims otherwise and they claim that the U.S. is trying to shut them off. And, you know, they tried to fight back, but obviously the interim government in Iraq just closed down their office.

Now, very interesting is the name of the operation, and that's getting a lot of play on Arab media. You know, the U.S. called the operation, initially they called it Phantom Fury. That's not sounding very well in Arabic, I have to tell you. And a lot of guests on Arab media, for example, are saying, you see, this shows you what the intentions are. This is what the U.S. soldiers are out to do. This is Phantom Fury. This is very aggressive, basically. They like more and they describe it as more hopeful, the description that the Iraqis gave the operation, which is the Dawn. That means the beginning of a new day. They're saying it's more hopeful, it's more positive, they...

COSTELLO: But the intent is the same as far as what -- I mean they're rooting out insurgents and that's certainly what the Arab press, I shouldn't say want, but that's what the Iraqis within Falluja want also.

NASR: Right. It's a matter of perception. You know, when you say, you know, the way we covered things versus the way they cover things, these are the things that they stop at and they say well, Phantom Fury, that's scary. The Dawn is, you know, more hopeful.

These are the things that they stop at. They try to understand the motives behind the U.S. attack on Falluja. They say that the U.S. is trying to flex its muscles, that it's trying to make up for what it couldn't achieve back in April, this is just a show of force.

Of course, the U.S. is going to prevail...

COSTELLO: Well, it absolutely is.

NASR: Right. You know, it's like there is no doubt in anybody's mind that the U.S. is going to prevail in Falluja. They're just waiting to see what the U.S. is going to deliver, you know, how many people they're going to be able to arrest, what kind of weapons they're going to be able to show at the end of the operation.

COSTELLO: Octavia Nasr, thanks for joining DAYBREAK this morning. Coming up after the break, seven is not a lucky number for Scott Peterson's jury. Juror number seven out. An alternate in. We'll talk to our legal analyst Kendall Coffey.

And at the bottom of the hour, preparing for life after Yasser Arafat. The Palestinians face an uncertain future.

We'll have more DAYBREAK coming up.

(COMMERCIAL BREAK)

COSTELLO: It's getting a little more complicated in the Scott Peterson trial. The judge has removed one of the jurors, Fran Gorman, for alleged misconduct. I guess it's not alleged anymore. There was misconduct. There is that possibility she conducted research on the case on her own. And that is a no-no during a criminal trial.

So what happens in the double murder case now?

Our legal analyst Kendall Coffey is here to sort it out -- good morning, Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: So Fran Gorman is an auditor. She actually has a Web site. She's very into facts. That's what you learn from her Web site.

What was she trying to find out?

COFFEY: You know, we don't know. The one thing that's clear is she violated one of the cardinal rules. Judges repeatedly instruct jurors, you've got to rely on the evidence on the witness stand, the exhibits I, the judge, allow into evidence. You're not supposed to go out there and make up your own rules, your own investigation. So that's clear misconduct. She's gone.

Who knows who it's going to help? My sense is she was probably a pretty good juror for the defense, but she may have been replaced, potentially, by a great juror for the defense.

COSTELLO: Let's get back to the issue of this investigating on your own.

We know on Monday jurors asked to see Scott Peterson's boat. Two of the jurors jumped in the boat and like tried to tip it over. That was sort of trying to find out things on your own that you didn't get during the trial.

Why isn't that jury misconduct?

COFFEY: It's all a question of what the judge allows and what the judge doesn't allow. The judge admitted that basic process that the boat is evidence, allowed the jury to take a look at it. They, jurors do examine personally some of the evidence that judges allow into evidence. What was critically different here is this juror, on her own, apparently, did some investigation without telling anybody and may have stumbled into some things that weren't supposed to be part of the relevant evidence in this trial.

COSTELLO: Which brings this, the judge in the case also reinstructed the jury again, saying this: "It is rarely helpful for a juror at the beginning of deliberations to express an emphatic opinion on the case or to announce a determination to stand for a certain verdict. When one does that at the outset, a sense of pride may be aroused and one may hesitate to change a position even if it is shown it is wrong."

This sounds as if one or more of the jurors won't budge.

Was it juror number seven?

COFFEY: That's some of the speculation. But there are a lot of indications that there's some divisions on this jury, Carol. This deliberation could go on for a while. And this is the kind of case that creates divisions because it's a circumstantial case, no clear cut certain evidence that says he did it. On the other hand, jurors don't see anyone else who might have done it.

So there's going to be very strong feelings on both sides, especially because it's such a heinous crime. If a juror really believes Scott Peterson did it, he or she is not going to give up easily.

COSTELLO: Interesting.

Kendall Coffey live in Miami this morning.

Thank you.

And, by the way, an alternate has been assigned to take juror number seven's place, so deliberations will move on, and they'll start back at the beginning.

Just ahead on CNN DAYBREAK, Bill Clinton weighs in on the Palestinian leadership situation and what it means for peace prospects.

And put down that spoon. We'll dive into your cereal bowl with our registered dietitian and find out what you're really eating.

This is DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: And good morning to you.

From the CNN Global Headquarters in Atlanta, I'm Carol Costello.

Now in the news, Palestinian and Israeli officials are making plans for Yasser Arafat's funeral. The Palestinian leader is gravely ill, still at that Paris hospital. A top Muslim cleric has arrived at the hospital and he got to see Arafat less than an hour ago.

In Iraq, U.S. forces are pushing deeper into Falluja this morning. They say they now control about 70 percent of the insurgents' stronghold. They breached the city center, but they expect several more days of fighting.

The State Department's second in command is in Afghanistan today. Deputy Secretary of State Richard Armitage praised the nation's recent presidential elections, but he suggests next year's parliamentary elections may be tougher to handle.

A truck driver is still missing after his tractor trailer went into a lake on the Georgia-South Carolina border last night. The tractor trailer collided with another truck before hitting the lake. Four hundred gallons of fuel spilled into that lake.

To the forecast center and Chad -- good morning.

MYERS: Good morning, Carol.

(WEATHER REPORT)

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