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Navy Investigating Iraqi Detainee Photos; Iraqi Officials Still Think Elections Can be Held by End of January

Aired December 06, 2004 - 05:30   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. Welcome to the second half hour of DAYBREAK. From the Time Warner Center in New York, I'm Carol Costello. Thank you for joining us.
Bring you up to date on a bit of breaking news now, there's been an attack on American consulate in Jeddah, Saudi Arabia. No reports of American casualties as of yet. We understand that four people have been killed and there are some reports that they were Saudi security forces.

Unsure of exactly what happened here. A member of the Arab media tells us that four gunmen stormed the compound and there was an exchange of gunfire. And you can see that smoke rising from inside the American consulate. When we get more information we'll pass it along to you.

Congress returns to work today under heavy pressure from the White House and the 9/11 Commission to pass the intelligence reform bill. Powerful Republicans have stalled the measure in the House. But President Bush says he wants it passed this session.

Two U.S. Marines and three U.S. soldiers have killed since Friday in Iraq's Al Anbar province, west of Baghdad. Few details are available. But the Americans suffered the casualties during three separate incidents.

A dozen gays have field a federal lawsuit challenging the military's "don't ask, don't tell" policy on homosexuality. All 12 say they were kicked out of the military because of their sexual preference.

And jurors who decide if Scott Peterson lives or dies are expected to hear from 20 more defense witnesses this week. The same jurors have already convicted Peterson of killing his wife and their unborn son.

To the forecast center now and Rob Marciano in for Chad Myers.

(WEATHER REPORT)

COSTELLO: More now on that developing story out of Saudi Arabia. The U.S. consulate comes under attack in the city of Jeddah this morning. Saudi security forces are trying to secure building as we speak, as smoke rises from it. We talked just moments ago to Khaled Al-Maeena, editor Arab News.

(BEGIN AUDIO CLIP)

KHALED AL-MAEENA, EDITOR, ARAB NEWS: We heard the sirens, the police are milling around the area, there was traffic blockade for more than a mile, it is a busy thoroughfare, commercial area, that exactly was the scene.

Right now, we hear of four security forces were killed, presumably in the initial attack. There was firings (sic) from inside. The American embassy announced that there were no American casualties.

COSTELLO: Four security forces killed?

AL-MAEENA: Yes.

COSTELLO: You mean the Saudis were guarding the American consulate?

AL-MAEENA: Yes, this is what we heard initially.

COSTELLO: We understand -- or we don't understand, the Associate Press is reporting that a car bomb was responsible for this. What have you heard?

AL-MAEENA: Well, there was an explosion, now we exactly cannot say whether it was a car bomb. Remember this, that whenever such terrible (ph) incidents happen there are lots of conflicting news at the beginning. So, I would really like to be accurate as far as the explosion. It could have been a thrown grenade, it could have been something or the other.

(END AUDIO CLIP)

COSTELLO: Again, no word yet of American casualties.

The Navy is investigating a new set of photos that appear to show Navy SEALs and Iraqi detainees. The pictures suggest possible abuse, but there is no confirmation of that. And it is not a criminal investigation, at least not yet. CNN correspondent Kimberly Osias is covering the story in Washington.

(BEGIN VIDEOTAPE)

KIMBERLY OSIAS, CNN CORRESPONDENT (voice over): Caught on film, these photos posted on the Internet by the wife of a U.S. serviceman. She says he brought them home after a tour in Iraq, according to the Associate Press.

One detainee appearing to be grabbed at the neck, another appearing with a bloody face. Navy officials say, at the minimum, poor judgment was exhibited by the elite servicemen. A preliminary investigation is currently underway to see if there was any criminal wrongdoing.

The date stamp on the photo indicates May 2003, months before the far more brutal photos taken from Iraq's Abu Ghraib's prison. Former military officials say there is a vast gulf between the two cases. According to experts these may have been taken at a point of capture, where different standards apply.

KEN ROBINSON, CNN MILITARY ANALYST: At a point when you are trying to capture an enemy, you need to be aggressive. You need to be rough, because you need to disarm them and you need to make sure that they are no longer a threat to you or your unit.

OSIAS: CNN's Military Analyst Ken Robinson urges caution.

ROBINSON: These issues are complex. We need to, hopefully, let the chain of command identify specifically what the context was and then let's look, to scrutinize, to judge it.

OSIAS: What exactly this means? Difficult to say, since the conditions surrounding the pictures are still under investigation. Navy Special Warfare Command Spokesperson Jeff Bender says there are strict Navy regulations prohibiting the photographing of detainees for other than officials purposes.

Additionally, prior to deployment, Naval Special Warfare personnel are instructed that taking unofficial photographs of POWs and detainees is prohibited.

(On camera): Experts say there are circumstances where photographing detainees is important, like for identification and documentation. Sources say if the preliminary investigation suggest criminal wrongdoing the Navy Criminal Investigative Services will be called in. As of yet, that hasn't happened. Kimberly Osias, CNN, Washington.

(END VIDEOTAPE)

COSTELLO: We'll keep you posted. Those pictures, now all over the Internet.

Let's talk about something else now, as we head to our "War Room". Eight soldiers are planning to sue over the Army's stop/loss policy. That is according to today's "New York Times". David Clinch, our senior international editor, is here to tell us more.

First of all, what is that policy?

DAVID CLINCH, CNN SR. INTERNATIONAL EDITOR: Good morning, Carol.

Well, that is a policy we've actually reported on before and heard some instances of people threatening suits on this. This policy that is designed to stop soldiers who are out in the field going home when their enlistment ends, just because their units have had their stays in Iraq, for instance, extended. It is designed to prevent loss from those units, with individuals whose enlistment ends, just going home.

And so in other words, even though their enlistment has ended, they are tied to their unit and those units have had their stays in Iraq, for instance, extended. These eight soldiers, apparently, don't really have very much in common, don't necessarily even know each other, but are working through this Center for Constitutional Rights, which "The New York Times" describes as a liberal-leaning rights group here in the U.S., which has supplied them lawyers.

Only one of the soldiers is identified in the suit, the others have remained anonymous. But of course the interesting point about this is that soldiers complain sometimes about their stays in Iraq, but it is really quite unusual to see a number of soldiers like this actually going through with legal action to try and get themselves home.

In some of these cases their families have been very active in pursuing legal help and bringing these cases to court. So, very interesting, of course against the grain in terms of what you normally expect from U.S. troops in the field.

COSTELLO: Oh, yes, because usually they are, well, you know, they are very loyal. They want to go back and fight for their country. Still it is just eight soldiers, but might this spawn more lawsuits? I guess that is the big question hanging out there?

CLINCH: That is an interesting point. Of course, publicity for these things -- as we say, I think it is no secret that there are plenty of U.S. troops out there who would complain about, you know, even if their enlistments haven't ended, complain about the fact that their stay in Iraq, or elsewhere, has been extended. They are missing their families.

But to go to that point of taking legal action, that is unusual. And this is a small group. But significant in that it is eight people, all doing it at the same time. We'll be watching it very closely during the day and seeking comment from the Pentagon, and also in Iraq, from troops there to see what they say about it.

COSTELLO: All right, David Clinch, live from Atlanta, this morning.

In the meantime, the Abu Ghraib prison scandal is playing out in a series of courts martial at Fort Hood, Texas. Today's hearing is for Specialist Charles Graner, the soldier at the center of the prisoner abuse charges. Graner's court martial is tentatively scheduled to begin on January 7th.

And photos showing detainees being abused and humiliated at the prison near Baghdad are sure to play a role in the trail. Graner could get up to 24 years in prison.

Iraq's interim president says postponing elections in his country would only prolong the agony for Iraqis. President Ghazi Al-Yawar meets today in Washington with President Bush.

Despite an especially bloody weekend in Iraq, officials say they still think elections can be held by the end of January. CNN's Karl Penhaul is live from Baghdad.

Good morning, Karl.

KARL PENHAUL, CNN INT'L. CORRESPONDENT: Good morning, Carol. Certainly that is the view of many Iraqi officials. They are still sticking to the line that they believe that January 30 elections can be held on schedule. We have seen, though, published remarks from Ambassador Brahimi, in a Dutch newspaper, over the weekend. He's the special envoy, U.N. special envoy to Iraq, but he says that he doesn't believe that elections can be held given the current climate of violence.

But certainly the president, Iraq's president, Ghazi al-Yawer, in remarks to reporters, has affirmed that he does believe that elections can be held on time. This is what he said.

(BEGIN VIDEO CLIP)

GHAZI AL-YAWER, INTERIM IRAQI PRESIDENT: There is no sacred date, but the thing is this is a challenge that Iraqi's have to take. And after reviewing the situation, I think the worst thing to do is to postpone elections. This will give a tactical victory to the insurgents, to the forces of darkness.

(END VIDEO CLIP)

PENHAUL: Interestingly, President Al-Yawar says that he doesn't believe that he doesn't believe that January 30 is a sacred date, we however, have been talking to constitutional lawyers and looking at the transition administrative law that effectively is Iraq's constitution at the moment, there is no mechanism for postponing the elections beyond January 30.

After January 30, a reading of the law would seem to indicate that the Iraqi government would no longer have any legal standing. An interesting legal debate around that, at this point, Carol.

COSTELLO: That could be very sensitive, too. Because that would mean America is the occupier again.

PENHAUL: Indeed, that would, if in fact the constitutional lawyers' readings of the current constitution are correct, and our readings are correct, that would effectively mean, that after January 31, at midnight, that Britain and the United States would once again become the occupational authorities. And that would create tremendous headaches, Carol.

COSTELLO: It certainly would. Karl Penhaul live in Baghdad this morning.

New details this morning coming out about the friendly fire death of former NFL player Pat Tillman, in Afghanistan. "The Washington Post" is reporting that Tillman yelled to his own platoon to stop firing on him and other soldiers. After the initial firing stopped Tillman stood up, but was killed by a second burst of gunfire. The article also says this: "The records show Tillman fought bravely and honorably until his last breath. They also show that his superiors exaggerated his actions and invented details as they burnished his legend in public, at the same time suppressing details the might tarnish Tillman's commanders." More than a month after the election they are still trying to figure out who won in Ohio. Up next, hear the talk about a recount.

And we want to hear what you think about the baseball steroid scandal. Our e-mail question of the day: What is the best punishment for athletes who use steroids?

E-mail us this morning at Daybreak@cnn.com. That is Daybreak@cnn.com.

But first here is what else is making news this Monday morning.

(GRAPHIC WITH HEADLINES)

(COMMERCIAL BREAK)

COSTELLO: For your news, money, weather and sports, it is 5:47 Eastern. Here is what is all new this morning.

Congress is feeling the heat as they return to work today. President Bush and others are pressuring the House to vote on the 9/11 reform bill. But two key Republicans still have reservations and it is uncertain if a vote will actually take place.

A developing story to tell you about in Saudi Arabia this morning. The U.S. consulate in Jeddah, Saudi Arabia is under attack. Witnesses tell us they heard gunfire and saw smoke. The U.S. embassy in Riyadh confirms the attack. No word of U.S. casualties.

In money news, or should I say Treasury news? Well, Treasure news, rather, the movie "National Treasure" topped the box office for the third straight weekend. The Nicholas Cage film took in $17 million to raise its total take to $110 million.

In culture, Sir Elton John, who Robert Downey, Jr. introduced as the other first lady, he really did. He received one of this year's Kennedy Center honors. Other recipients were Warren Beatty, Ossie Davis, Ruby Dee, Joan Sutherland and John Williams.

In sports, players at the center of that brawl between Pacers, and the Pistons, and the fans, won't get a fight from the NBA, the league says it will not block a grievance hearing over suspensions stemming from the brawl.

(WEATHER REPORT)

COSTELLO: Those are the latest headlines for you. Oh, more changes at the top. Treasury Secretary John Snow may be the next Cabinet minister to step down. And among those reported to be under consideration for the job? White House Chief of Staff Andrew Card, that is according to "The New York Times" this morning.

Card was Transportation secretary under President Bush's father. He is a Bush loyalist and is seen consistently at the president's side. Card was the one who whispered into President Bush's ear that the nation was under a terrorist attack on September 11. And he has been involved in nearly every major White House decision.

The Senate's incoming Democratic leader is issuing a verdict on Supreme Court Justice Clarence Thomas. Get this. Senator Harry Reid says Thomas would be the wrong man to take over as chief justice if William Rehnquist has to be replaced.

(BEGIN VIDEO CLIP)

SEN. HARRY REID (D-NV), MINORITY LEADER: I think that he has been an embarrassment to the Supreme Court. I think that his opinions are poorly written. I just don't think that he's done a good job as a Supreme Court justice.

(END VIDEO CLIP)

COSTELLO: Chief Justice Rehnquist has been absent from the bench for the court's latest term. He is being treated for thyroid cancer.

The Ohio secretary of state is expected to certify his presidential election results today, or Ohio's. But the Reverend Jesse Jackson says it still won't be over. Jackson led a rally in Columbus over the weekend to draw attention to alleged voting irregularities in the state. He also says challenges need to be made. Adding he's relieved to see the Kerry campaign join in on one of the lawsuits.

(BEGIN VIDEO CLIP)

REV. JESSE JACKSON, RAINBOW PUSH COALITION: He promised to cover the people's back. And not let -- and let every vote count and so far not every vote has been counted. And so that is the promise he made. The legal, political, moral obligation, I hope that his coming into one of the suits last week in Ohio is just a step in the right direction.

(END VIDEO CLIP)

COSTELLO: The unofficial results have President Bush carrying Ohio by just 136,000 votes. But Ohio isn't the only state drawing questions about voter fraud. CNN's Adaora Udoji has more for you.

(BEGIN VIDEOTAPE)

ADAORA UDOJI, CNN CORRESPONDENT (voice over): These Ohio voters are not convinced President Bush won their state, giving him four more years in the White House.

CLIFF ARMENBECK (ph), ATTORNEY, COMMON CAUSE, OHIO: Every form of irregularity that you can conceive of seemed to be happening in Ohio, in this election.

REV. JESSE JACKSON, RAINBOW PUSH COALITION: Submit the case for recount.

UDOJI: Helped by Reverend Jesse Jackson they plan to challenge official results to be released Monday. And demand a recount, even though Senator John Kerry's losing campaign is not contesting the outcome. Ohio election officials say the results are sound.

CARLO LOPARO, SPOKESMAN, OHIO SECY OF STATE: Democrats and Republicans are working together to make sure they get it right.

UDOJI: It is not just Ohio. Complaints and accusations have flooded onto the Internet and in headlines almost faster than fact checkers can check them. Some theories quickly debunked by fact.

"The Boston Globe" reports in North Carolina it initially appeared nearly 4,500 electronic votes had disappeared. Later, an election official explained, fatigued workers missed a computer signal. It was corrected.

"The New York Times" reported on accusations in Cleveland that there were more votes counted than there were voters. It turned out to be a clerical error.

But the non-partisan, Verified Voting Foundation is looking into reports of more than 37,000 incidents of election irregularities. And the U.S. Election Assistance Commission acknowledges there were glitches across the country. Machines didn't work, workers showed up late, you name it, they are reviewing it all.

UNIDENTIFIED MALE: The fact is the election results can be trusted, the margin this year for president was wide enough for us not to believe that any glitches would impact the outcome of the presidential race.

UDOJI: Still, three Democratic congressmen have raised more elections questions. They've asked the General Accounting Office to look into alleged problems, and it is. Adaora Udoji, CNN, New York.

(END VIDEOTAPE)

COSTELLO: Much more to come on DAYBREAK. You stay right there.

(COMMERCIAL BREAK)

COSTELLO: We have some new pictures to show you out of Jeddah, Saudi Arabia. We've been telling you about this all morning long. The American consulate in Jeddah has come under attack. A member of the Arab media told me a short time ago that four gunmen, maybe five, opened fire on the American consulate. There was an exchange of gunfire with the Saudi security forces.

And we understand that four -- well, actually, we haven't confirmed that yet, this is from the Arab media, still, that four of those security officers were killed.

You can see the smoke rising here, from the compound. And this is the American consulate. We don't exactly know what is on fire. There have been some reports from the Associated Press that a car bomb was involved. But we just don't know that for sure.

Other buildings around the compound in Jeddah also have smoke rising from them and we're not sure where that is coming from because, as you might expect, reporters cannot get close to the scene.

When we have more information for you from Jeddah, of course we'll pass it along to you. But for right now, we understand there are no American casualties.

Let's talk about steroid abuse. That will likely be at bat today when the players union for Major League Baseball open their annual board meeting today. Calls for tougher rules grew louder after the published reports last week implicated some players.

Senator John McCain is weighing in. He says that if the players and owners don't step up to the plate and crack down, he will.

(BEGIN VIDEO CLIP)

SEN. JOHN MCCAIN, (R) ARIZONA: The fact is that there is a growing belief on the part of high school athletes that the only way you can make it in the big leagues is to take, ingest, these performance enhancing drugs into their bodies, which is incredibly damaging.

(END VIDEO CLIP)

COSTELLO: Certainly is. That leads us to our e-mail question of the morning. What is the best punishment for athletes who use steroids?

I have some in my hot little hand, right here. This is from Mike in Houston, Texas. He says: "The baseball commission has its priorities all backwards. They will suspend a player like Pete Rose for life, but look the other way when it comes to steroid abuse."

Oh, that is a great point, isn't it?

And then there is this one: "I don't think baseball players should not be penalized about steroid use because it wasn't illegal, at the time, to use them, especially Barry Bonds, who didn't even know he was using steroids." That is from Maria from San Francisco.

He says he didn't believe he was using steroids. We don't know the whole story yet, do we? Barry Bonds ain't talking about it. It is just because of those leaks from the grand jury and that San Francisco paper.

This is from Thomas from Honolulu, Hawaii. He says, "Honestly, I think a 12-month suspension without pay would hit hard in the pocketbook. And the emotional state of what the implications of using illegal steroid drugs in baseball could have. I personally think it sets a poor example to the public that back them, especially the children who look at them as role models and heroes."

Keep them coming, Daybreak@cnn.com.

And the next hour of DAYBREAK starts right after this break.

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Aired December 6, 2004 - 05:30   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. Welcome to the second half hour of DAYBREAK. From the Time Warner Center in New York, I'm Carol Costello. Thank you for joining us.
Bring you up to date on a bit of breaking news now, there's been an attack on American consulate in Jeddah, Saudi Arabia. No reports of American casualties as of yet. We understand that four people have been killed and there are some reports that they were Saudi security forces.

Unsure of exactly what happened here. A member of the Arab media tells us that four gunmen stormed the compound and there was an exchange of gunfire. And you can see that smoke rising from inside the American consulate. When we get more information we'll pass it along to you.

Congress returns to work today under heavy pressure from the White House and the 9/11 Commission to pass the intelligence reform bill. Powerful Republicans have stalled the measure in the House. But President Bush says he wants it passed this session.

Two U.S. Marines and three U.S. soldiers have killed since Friday in Iraq's Al Anbar province, west of Baghdad. Few details are available. But the Americans suffered the casualties during three separate incidents.

A dozen gays have field a federal lawsuit challenging the military's "don't ask, don't tell" policy on homosexuality. All 12 say they were kicked out of the military because of their sexual preference.

And jurors who decide if Scott Peterson lives or dies are expected to hear from 20 more defense witnesses this week. The same jurors have already convicted Peterson of killing his wife and their unborn son.

To the forecast center now and Rob Marciano in for Chad Myers.

(WEATHER REPORT)

COSTELLO: More now on that developing story out of Saudi Arabia. The U.S. consulate comes under attack in the city of Jeddah this morning. Saudi security forces are trying to secure building as we speak, as smoke rises from it. We talked just moments ago to Khaled Al-Maeena, editor Arab News.

(BEGIN AUDIO CLIP)

KHALED AL-MAEENA, EDITOR, ARAB NEWS: We heard the sirens, the police are milling around the area, there was traffic blockade for more than a mile, it is a busy thoroughfare, commercial area, that exactly was the scene.

Right now, we hear of four security forces were killed, presumably in the initial attack. There was firings (sic) from inside. The American embassy announced that there were no American casualties.

COSTELLO: Four security forces killed?

AL-MAEENA: Yes.

COSTELLO: You mean the Saudis were guarding the American consulate?

AL-MAEENA: Yes, this is what we heard initially.

COSTELLO: We understand -- or we don't understand, the Associate Press is reporting that a car bomb was responsible for this. What have you heard?

AL-MAEENA: Well, there was an explosion, now we exactly cannot say whether it was a car bomb. Remember this, that whenever such terrible (ph) incidents happen there are lots of conflicting news at the beginning. So, I would really like to be accurate as far as the explosion. It could have been a thrown grenade, it could have been something or the other.

(END AUDIO CLIP)

COSTELLO: Again, no word yet of American casualties.

The Navy is investigating a new set of photos that appear to show Navy SEALs and Iraqi detainees. The pictures suggest possible abuse, but there is no confirmation of that. And it is not a criminal investigation, at least not yet. CNN correspondent Kimberly Osias is covering the story in Washington.

(BEGIN VIDEOTAPE)

KIMBERLY OSIAS, CNN CORRESPONDENT (voice over): Caught on film, these photos posted on the Internet by the wife of a U.S. serviceman. She says he brought them home after a tour in Iraq, according to the Associate Press.

One detainee appearing to be grabbed at the neck, another appearing with a bloody face. Navy officials say, at the minimum, poor judgment was exhibited by the elite servicemen. A preliminary investigation is currently underway to see if there was any criminal wrongdoing.

The date stamp on the photo indicates May 2003, months before the far more brutal photos taken from Iraq's Abu Ghraib's prison. Former military officials say there is a vast gulf between the two cases. According to experts these may have been taken at a point of capture, where different standards apply.

KEN ROBINSON, CNN MILITARY ANALYST: At a point when you are trying to capture an enemy, you need to be aggressive. You need to be rough, because you need to disarm them and you need to make sure that they are no longer a threat to you or your unit.

OSIAS: CNN's Military Analyst Ken Robinson urges caution.

ROBINSON: These issues are complex. We need to, hopefully, let the chain of command identify specifically what the context was and then let's look, to scrutinize, to judge it.

OSIAS: What exactly this means? Difficult to say, since the conditions surrounding the pictures are still under investigation. Navy Special Warfare Command Spokesperson Jeff Bender says there are strict Navy regulations prohibiting the photographing of detainees for other than officials purposes.

Additionally, prior to deployment, Naval Special Warfare personnel are instructed that taking unofficial photographs of POWs and detainees is prohibited.

(On camera): Experts say there are circumstances where photographing detainees is important, like for identification and documentation. Sources say if the preliminary investigation suggest criminal wrongdoing the Navy Criminal Investigative Services will be called in. As of yet, that hasn't happened. Kimberly Osias, CNN, Washington.

(END VIDEOTAPE)

COSTELLO: We'll keep you posted. Those pictures, now all over the Internet.

Let's talk about something else now, as we head to our "War Room". Eight soldiers are planning to sue over the Army's stop/loss policy. That is according to today's "New York Times". David Clinch, our senior international editor, is here to tell us more.

First of all, what is that policy?

DAVID CLINCH, CNN SR. INTERNATIONAL EDITOR: Good morning, Carol.

Well, that is a policy we've actually reported on before and heard some instances of people threatening suits on this. This policy that is designed to stop soldiers who are out in the field going home when their enlistment ends, just because their units have had their stays in Iraq, for instance, extended. It is designed to prevent loss from those units, with individuals whose enlistment ends, just going home.

And so in other words, even though their enlistment has ended, they are tied to their unit and those units have had their stays in Iraq, for instance, extended. These eight soldiers, apparently, don't really have very much in common, don't necessarily even know each other, but are working through this Center for Constitutional Rights, which "The New York Times" describes as a liberal-leaning rights group here in the U.S., which has supplied them lawyers.

Only one of the soldiers is identified in the suit, the others have remained anonymous. But of course the interesting point about this is that soldiers complain sometimes about their stays in Iraq, but it is really quite unusual to see a number of soldiers like this actually going through with legal action to try and get themselves home.

In some of these cases their families have been very active in pursuing legal help and bringing these cases to court. So, very interesting, of course against the grain in terms of what you normally expect from U.S. troops in the field.

COSTELLO: Oh, yes, because usually they are, well, you know, they are very loyal. They want to go back and fight for their country. Still it is just eight soldiers, but might this spawn more lawsuits? I guess that is the big question hanging out there?

CLINCH: That is an interesting point. Of course, publicity for these things -- as we say, I think it is no secret that there are plenty of U.S. troops out there who would complain about, you know, even if their enlistments haven't ended, complain about the fact that their stay in Iraq, or elsewhere, has been extended. They are missing their families.

But to go to that point of taking legal action, that is unusual. And this is a small group. But significant in that it is eight people, all doing it at the same time. We'll be watching it very closely during the day and seeking comment from the Pentagon, and also in Iraq, from troops there to see what they say about it.

COSTELLO: All right, David Clinch, live from Atlanta, this morning.

In the meantime, the Abu Ghraib prison scandal is playing out in a series of courts martial at Fort Hood, Texas. Today's hearing is for Specialist Charles Graner, the soldier at the center of the prisoner abuse charges. Graner's court martial is tentatively scheduled to begin on January 7th.

And photos showing detainees being abused and humiliated at the prison near Baghdad are sure to play a role in the trail. Graner could get up to 24 years in prison.

Iraq's interim president says postponing elections in his country would only prolong the agony for Iraqis. President Ghazi Al-Yawar meets today in Washington with President Bush.

Despite an especially bloody weekend in Iraq, officials say they still think elections can be held by the end of January. CNN's Karl Penhaul is live from Baghdad.

Good morning, Karl.

KARL PENHAUL, CNN INT'L. CORRESPONDENT: Good morning, Carol. Certainly that is the view of many Iraqi officials. They are still sticking to the line that they believe that January 30 elections can be held on schedule. We have seen, though, published remarks from Ambassador Brahimi, in a Dutch newspaper, over the weekend. He's the special envoy, U.N. special envoy to Iraq, but he says that he doesn't believe that elections can be held given the current climate of violence.

But certainly the president, Iraq's president, Ghazi al-Yawer, in remarks to reporters, has affirmed that he does believe that elections can be held on time. This is what he said.

(BEGIN VIDEO CLIP)

GHAZI AL-YAWER, INTERIM IRAQI PRESIDENT: There is no sacred date, but the thing is this is a challenge that Iraqi's have to take. And after reviewing the situation, I think the worst thing to do is to postpone elections. This will give a tactical victory to the insurgents, to the forces of darkness.

(END VIDEO CLIP)

PENHAUL: Interestingly, President Al-Yawar says that he doesn't believe that he doesn't believe that January 30 is a sacred date, we however, have been talking to constitutional lawyers and looking at the transition administrative law that effectively is Iraq's constitution at the moment, there is no mechanism for postponing the elections beyond January 30.

After January 30, a reading of the law would seem to indicate that the Iraqi government would no longer have any legal standing. An interesting legal debate around that, at this point, Carol.

COSTELLO: That could be very sensitive, too. Because that would mean America is the occupier again.

PENHAUL: Indeed, that would, if in fact the constitutional lawyers' readings of the current constitution are correct, and our readings are correct, that would effectively mean, that after January 31, at midnight, that Britain and the United States would once again become the occupational authorities. And that would create tremendous headaches, Carol.

COSTELLO: It certainly would. Karl Penhaul live in Baghdad this morning.

New details this morning coming out about the friendly fire death of former NFL player Pat Tillman, in Afghanistan. "The Washington Post" is reporting that Tillman yelled to his own platoon to stop firing on him and other soldiers. After the initial firing stopped Tillman stood up, but was killed by a second burst of gunfire. The article also says this: "The records show Tillman fought bravely and honorably until his last breath. They also show that his superiors exaggerated his actions and invented details as they burnished his legend in public, at the same time suppressing details the might tarnish Tillman's commanders." More than a month after the election they are still trying to figure out who won in Ohio. Up next, hear the talk about a recount.

And we want to hear what you think about the baseball steroid scandal. Our e-mail question of the day: What is the best punishment for athletes who use steroids?

E-mail us this morning at Daybreak@cnn.com. That is Daybreak@cnn.com.

But first here is what else is making news this Monday morning.

(GRAPHIC WITH HEADLINES)

(COMMERCIAL BREAK)

COSTELLO: For your news, money, weather and sports, it is 5:47 Eastern. Here is what is all new this morning.

Congress is feeling the heat as they return to work today. President Bush and others are pressuring the House to vote on the 9/11 reform bill. But two key Republicans still have reservations and it is uncertain if a vote will actually take place.

A developing story to tell you about in Saudi Arabia this morning. The U.S. consulate in Jeddah, Saudi Arabia is under attack. Witnesses tell us they heard gunfire and saw smoke. The U.S. embassy in Riyadh confirms the attack. No word of U.S. casualties.

In money news, or should I say Treasury news? Well, Treasure news, rather, the movie "National Treasure" topped the box office for the third straight weekend. The Nicholas Cage film took in $17 million to raise its total take to $110 million.

In culture, Sir Elton John, who Robert Downey, Jr. introduced as the other first lady, he really did. He received one of this year's Kennedy Center honors. Other recipients were Warren Beatty, Ossie Davis, Ruby Dee, Joan Sutherland and John Williams.

In sports, players at the center of that brawl between Pacers, and the Pistons, and the fans, won't get a fight from the NBA, the league says it will not block a grievance hearing over suspensions stemming from the brawl.

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COSTELLO: Those are the latest headlines for you. Oh, more changes at the top. Treasury Secretary John Snow may be the next Cabinet minister to step down. And among those reported to be under consideration for the job? White House Chief of Staff Andrew Card, that is according to "The New York Times" this morning.

Card was Transportation secretary under President Bush's father. He is a Bush loyalist and is seen consistently at the president's side. Card was the one who whispered into President Bush's ear that the nation was under a terrorist attack on September 11. And he has been involved in nearly every major White House decision.

The Senate's incoming Democratic leader is issuing a verdict on Supreme Court Justice Clarence Thomas. Get this. Senator Harry Reid says Thomas would be the wrong man to take over as chief justice if William Rehnquist has to be replaced.

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SEN. HARRY REID (D-NV), MINORITY LEADER: I think that he has been an embarrassment to the Supreme Court. I think that his opinions are poorly written. I just don't think that he's done a good job as a Supreme Court justice.

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COSTELLO: Chief Justice Rehnquist has been absent from the bench for the court's latest term. He is being treated for thyroid cancer.

The Ohio secretary of state is expected to certify his presidential election results today, or Ohio's. But the Reverend Jesse Jackson says it still won't be over. Jackson led a rally in Columbus over the weekend to draw attention to alleged voting irregularities in the state. He also says challenges need to be made. Adding he's relieved to see the Kerry campaign join in on one of the lawsuits.

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REV. JESSE JACKSON, RAINBOW PUSH COALITION: He promised to cover the people's back. And not let -- and let every vote count and so far not every vote has been counted. And so that is the promise he made. The legal, political, moral obligation, I hope that his coming into one of the suits last week in Ohio is just a step in the right direction.

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COSTELLO: The unofficial results have President Bush carrying Ohio by just 136,000 votes. But Ohio isn't the only state drawing questions about voter fraud. CNN's Adaora Udoji has more for you.

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ADAORA UDOJI, CNN CORRESPONDENT (voice over): These Ohio voters are not convinced President Bush won their state, giving him four more years in the White House.

CLIFF ARMENBECK (ph), ATTORNEY, COMMON CAUSE, OHIO: Every form of irregularity that you can conceive of seemed to be happening in Ohio, in this election.

REV. JESSE JACKSON, RAINBOW PUSH COALITION: Submit the case for recount.

UDOJI: Helped by Reverend Jesse Jackson they plan to challenge official results to be released Monday. And demand a recount, even though Senator John Kerry's losing campaign is not contesting the outcome. Ohio election officials say the results are sound.

CARLO LOPARO, SPOKESMAN, OHIO SECY OF STATE: Democrats and Republicans are working together to make sure they get it right.

UDOJI: It is not just Ohio. Complaints and accusations have flooded onto the Internet and in headlines almost faster than fact checkers can check them. Some theories quickly debunked by fact.

"The Boston Globe" reports in North Carolina it initially appeared nearly 4,500 electronic votes had disappeared. Later, an election official explained, fatigued workers missed a computer signal. It was corrected.

"The New York Times" reported on accusations in Cleveland that there were more votes counted than there were voters. It turned out to be a clerical error.

But the non-partisan, Verified Voting Foundation is looking into reports of more than 37,000 incidents of election irregularities. And the U.S. Election Assistance Commission acknowledges there were glitches across the country. Machines didn't work, workers showed up late, you name it, they are reviewing it all.

UNIDENTIFIED MALE: The fact is the election results can be trusted, the margin this year for president was wide enough for us not to believe that any glitches would impact the outcome of the presidential race.

UDOJI: Still, three Democratic congressmen have raised more elections questions. They've asked the General Accounting Office to look into alleged problems, and it is. Adaora Udoji, CNN, New York.

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COSTELLO: Much more to come on DAYBREAK. You stay right there.

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COSTELLO: We have some new pictures to show you out of Jeddah, Saudi Arabia. We've been telling you about this all morning long. The American consulate in Jeddah has come under attack. A member of the Arab media told me a short time ago that four gunmen, maybe five, opened fire on the American consulate. There was an exchange of gunfire with the Saudi security forces.

And we understand that four -- well, actually, we haven't confirmed that yet, this is from the Arab media, still, that four of those security officers were killed.

You can see the smoke rising here, from the compound. And this is the American consulate. We don't exactly know what is on fire. There have been some reports from the Associated Press that a car bomb was involved. But we just don't know that for sure.

Other buildings around the compound in Jeddah also have smoke rising from them and we're not sure where that is coming from because, as you might expect, reporters cannot get close to the scene.

When we have more information for you from Jeddah, of course we'll pass it along to you. But for right now, we understand there are no American casualties.

Let's talk about steroid abuse. That will likely be at bat today when the players union for Major League Baseball open their annual board meeting today. Calls for tougher rules grew louder after the published reports last week implicated some players.

Senator John McCain is weighing in. He says that if the players and owners don't step up to the plate and crack down, he will.

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SEN. JOHN MCCAIN, (R) ARIZONA: The fact is that there is a growing belief on the part of high school athletes that the only way you can make it in the big leagues is to take, ingest, these performance enhancing drugs into their bodies, which is incredibly damaging.

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COSTELLO: Certainly is. That leads us to our e-mail question of the morning. What is the best punishment for athletes who use steroids?

I have some in my hot little hand, right here. This is from Mike in Houston, Texas. He says: "The baseball commission has its priorities all backwards. They will suspend a player like Pete Rose for life, but look the other way when it comes to steroid abuse."

Oh, that is a great point, isn't it?

And then there is this one: "I don't think baseball players should not be penalized about steroid use because it wasn't illegal, at the time, to use them, especially Barry Bonds, who didn't even know he was using steroids." That is from Maria from San Francisco.

He says he didn't believe he was using steroids. We don't know the whole story yet, do we? Barry Bonds ain't talking about it. It is just because of those leaks from the grand jury and that San Francisco paper.

This is from Thomas from Honolulu, Hawaii. He says, "Honestly, I think a 12-month suspension without pay would hit hard in the pocketbook. And the emotional state of what the implications of using illegal steroid drugs in baseball could have. I personally think it sets a poor example to the public that back them, especially the children who look at them as role models and heroes."

Keep them coming, Daybreak@cnn.com.

And the next hour of DAYBREAK starts right after this break.

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