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CNN Live At Daybreak

Donald Rumsfeld To Testify On Proposed Base Closings; Legal Moves

Aired May 16, 2005 - 06:29   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. From the Time Warner center in New York, I'm Carol Costello, along with Chad Myers.
"Now in the News."

"Newsweek" magazine says it was wrong. Deadly anti-American demonstrations in Afghanistan last week were sparked by a report in the magazine that U.S. interrogators had flushed at least one copy of the Koran down the toilet. Now the magazine is backing off its story.

There is late word in to CNN this morning of a mortar attack at a university in Baghdad. Eyewitnesses say the mortar slammed into the school of engineering, killing one security guard and wounding two students.

Resilient Tony Kanaan will sit on the pole for this year's Indianapolis 500. Kanaan captured the top spot with a lap in excess of 227 miles per hour. Upstart rookie Danika Patrick (ph) will start fourth when the green flag drops on Sunday, May 29.

I think all eyes are on Danika (ph), Chad.

I hope you can hear, Chad, because I cannot. All right, Chad has gone to get something, and I think it would be his microphone? Or a new battery. All right. We'll get back to Chad shortly, we promise.

First the list; now the sale. Defense Secretary Donald Rumsfeld will testify today before the Congressional Commission that's looking into the Pentagon's proposed base closings. Thirty-three major military bases are slated for the chopping block, and there are plans calling for hundreds of smaller bases to be closed or consolidated. It's not without cost. The Pentagon has recommended cutting some 10,000 military jobs and another 18,000 civilian jobs.

Let's talk more about the base closings with CNN Radio correspondent Dick Uliano.

Good morning -- Dick.

DICK ULIANO, CNN RADIO CORRESPONDENT: And good morning to you, Carol.

This is the morning that the hearings begin for this Base Closing and Realignment Commission. This is the fifth round of base closings; the first, by the way, since the 9/11 terrorist attacks. And as you indicate, the defense secretary and the joint chiefs will kick things off this afternoon, testifying about the Pentagon's plan to close some, what, 30-40 major military bases across the country. And there will be hearings later this week as well.

COSTELLO: You know, in cities across this land, there are people so opposed to these military base closings. In fact, some have vowed to keep working despite any government order. Is there anything at this point that those local politicians can do to stop some of these closings?

ULIANO: Absolutely, yes and also no. And the absolutely yes is that there is a process. For example, there is a toll-free line. There will be regional hearings where they can testify. And Defense Secretary Rumsfeld says the local communities' economy will be taken into consideration in the process.

But also, no, because, Carol, 85 percent of these lists have been approved in the past. But this is the stage before the commission, where the local communities have their best chance of changing things.

COSTELLO: Good luck to them. Dick Uliano reporting live for us from Washington this morning.

Medical marijuana, the Ten Commandments, the issue of imminent domain and questions about whether Justice William Rehnquist will resign. There is a lot going on at the U.S. Supreme Court, so let's talk with former U.S. attorney Kendall Coffey about it all.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.

COSTELLO: I want to read you something. It says, "This Supreme Court term will be a blockbuster." That's according to a Washington lawyer. He says, "The Court's rulings on social issues and the role of government will definitely remind everyone of the significance of a single Supreme Court appointment." Do you agree?

COFFEY: Totally. And you mentioned medical marijuana. I mean, think of all of the issues in that, Carol. It's states' rights, because 11 states have said they believe they should have the right for medical marijuana for patients in extreme distress. In addition to states' rights and patients' rights on the other side of it, you've got a national program to fight drugs. Which one wins? And the court may be deciding. It could be this week. It could be another month. But it's going to be decided much sooner than later.

COSTELLO: So, is there any way to tell which way the court is leaning?

COFFEY: Well, I think the indications are that the court will probably not allow individual states to carve out for medical marijuana. They obviously understand the compelling concerns. But we want to have a nationwide, even a global war on drugs. So, we simply can't allow different states to do it their own way.

COSTELLO: Another hot-button issue, Ten Commandments displayed in government buildings.

COFFEY: Well, including the Supreme Court. You know, as they look upward toward the soaring sky in the Supreme Court chambers, they have the Ten Commandments there. And so, Carol, it is one of those issues which can be so frustrating for the public, because the answer, some of the least favorite words when lawyers or judges speak, is going to be, it depends and sometimes. I think the Texas display will clearly be validated. Kentucky is a much closer call in the schools and the courthouses in Kentucky.

But it all comes down to context, location. Is it seen as part of a historical display about law givers? Or is it seen as unmitigated advocacy for religion?

COSTELLO: Let's talk about Chief Justice William Rehnquist. He's 80 years old. He's had thyroid cancer. He's not in good health. A lot of people say that he will step down. What is your sense?

COFFEY: Well, certainly most of the observers, including his former clerks and friends, are suggesting that the retirement is getting closer. And that, of course, would key up a giant issue of who will be the new chief justice. We don't hear Rehnquist's name every day, but he is truly, Carol, when you look at his leadership at the Supreme Court over many years, one of the most significant figures in shaping our country's laws and lives over the last 15-20 years.

COSTELLO: Most definitely. If he steps down, who do you think will become his replacement?

COFFEY: A tough question for early in the morning. I think they're going to look very long and hard at Justice Scalia, who is a spectacular talent, certainly controversial. But I think he is one of the people who would continue to be able to shape and carry forward a conservative agenda perhaps as no other could.

COSTELLO: Of course, we always hear Clarence Thomas.

COFFEY: He said he is not a candidate. And, of course, the president can, as they often have, go to someone who is not a member of the existing Supreme Court. And there are a number of judges who might be less controversial than Scalia.

COSTELLO: Kendall Coffey, thanks for your insight this morning. We'll be following all of that, of course.

Still ahead on DAYBREAK, up they go. Airfares could rise again, the seventh hike since February. Carrie Lee has more on that after a break.

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

(COMMERCIAL BREAK)

COSTELLO: It's time to check the markets now, a disappointing day so far in the international markets. Japan's Nikkei is closing down nearly 102 points, Britain's FTSE is trading down just over 4 points, the German DAX is trading down 8 points.

It's time for a little "Business Buzz." Soaring fuel prices are costing the airlines a lot of money. And the airlines are passing those costs on to -- big surprise -- you.

Carrie Lee has more.

So, we can expect to pay more for an airline ticket.

CARRIE LEE, CNN FINANCIAL NEWS CORRESPONDENT: Well, so far. This time, the hikes are sticking. You know, we've seen this numerous times, though, in the past couple of months. What's happening is despite their struggles, the airlines do have a lot of pricing power.

Now, this increase is the seventh fare hike in the past three months. It started last week when American Airlines raised prices.

Two things are unusual about this fare hike. First off, American raised prices in markets where it competes with discounters. They usually don't do this. Second, its hike was only $2 to $6.

So, in response, you can imagine, we're seeing the ripple effect. Delta raised its fares by $10 to $20. American then came back, matched that increase, and so did Continental, Northwest, United, US Airways and America West. So, so far, this round of hikes is sticking.

Speaking of US Airways and America West, "The Wall Street Journal" says the two companies are close to a merger. And this would combine the seventh and eighth biggest U.S. airlines in terms of traffic. US Airways is currently operating under bankruptcy protection. So, we'll see if that happens, Carol. They're trying to raise some money to get the deal done.

COSTELLO: Understand. A quick look at the futures.

LEE: Things are looking pretty flat for today's session. I have to say, though, a lot of economic reports are coming out this week. Consumer prices on Wednesday, that's a key inflation gauge. You know, everyone is watching that these days. So that's going to be a key one to watch.

COSTELLO: All right. We'll be watching. Thanks, Carrie.

LEE: Thanks.

COSTELLO: Still to come on DAYBREAK, she's one of the young victims in a child porn ring police have been trying to bust. Now they're one step closer to pinpointing exactly who she is. The latest on the hotel girl.

More news in a moment. You are watching DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: Here are some stories to keep your eye on in the week ahead.

Today, two longtime politicians are honored. Former Texas state Senator Bill Ratliff and Atlanta Mayor Shirley Franklin will receive this year's Profile in Courage award. It was created in honor of President Kennedy.

On Tuesday, voters in Los Angeles cast ballots in the mayoral runoff election. It's between incumbent Mayor Jane Hahn and the city councilman, Antonio Villaraigosa.

On Wednesday, a showdown in the Senate. Senators plan to debate two of President Bush's judicial nominees. If the Democrats stall the nominations with filibusters, then the Republicans say they'll move to ban such tactics.

Thursday, Israel celebrates the 57th anniversary of its independence, but the Palestinians will not be partying. They've already held a day of mourning.

And on Friday, Merv Griffin gets the honor of a lifetime. He'll be presented with a lifetime achievement award at the daytime Emmys.

Investigators in Atlantic City, New Jersey, are hoping to get some clues today when they pull a small plane out of a nearby bay. Take a look at that plane. It just keeps going and going, and then it ends up in the water. The pilot, his three passengers suffered only minor injuries in the crash. The four were picked out of the water by a pair of passing boats.

(BEGIN VIDEO CLIP)

JOE CLARK, RESCUER: He was getting out, and he kind of tripped and got in the water. And me and my neighbor grabbed him, and we pulled him up over the side of the boat.

(END VIDEO CLIP)

COSTELLO: The pilot says his brakes failed. But one witness on the ground says the small jet was somewhere where it should not have been on a runway that was too short for such a landing.

You can imagine how shocking it would be to see that plane come in for a landing without enough runway. CNN's Soledad O'Brien will talk to a man who saw it happen on "AMERICAN MORNING."

Good morning -- Soledad.

SOLEDAD O'BRIEN, CNN ANCHOR: Hey, Carol, good morning to you.

You're exactly right. You know, we're going to talk this morning to the witness. He says at the very first he thought the plane was just lost. But now, we're going to talk to him this morning about what happened when the plane tried to land.

Also this morning, we're "Paging Dr. Gupta." Sanjay has got some new details on a link between your personality and your health. He says some trades can have a link to diseases like cancer or even multiple sclerosis.

Those stories and much, much more, Carol, are ahead on "AMERICAN MORNING" at the top of the hour. Back to you.

COSTELLO: We'll be there. Thanks, Soledad.

An update now on a story we've been following. A two-year child porn investigation ends in a way investigators did not expect. They asked for the public's help in identifying this girl. She was seen in sexually-explicit photos on the Internet. Now, they say she's been adopted by a family and is living under a new name.

(BEGIN VIDEO CLIP)

DET. MATT ERWIN, ORANGE COUNTY, FLORIDA, SHERIFF'S DEPARTMENT: We have identified her. I don't know where she's at. We are working on getting that information. And I understand that there may be ongoing charges in Pennsylvania, which is the state that the victim is from.

(END VIDEO CLIP)

COSTELLO: Police suspect the girl's former adoptive father in her abuse. He's currently serving time for a child porn conviction, but it's not clear if that's related to the girl's case. Something else that's not clear, why authorities didn't find out all about this earlier? They're downplaying any lack of communication.

Your news, money, weather and sports. It is 6:45 Eastern. Here's what's all new this morning.

Defense Secretary Donald Rumsfeld goes before the Base Closing and Realignment Commission this afternoon. He'll be defending the Pentagon's military base closing list.

In money news, the White House is re-imposing quotas on some Chinese clothing imported into the United States. U.S. retailers say that move will drive up prices.

In culture, the final episode of "Everybody Loves Raymond" ends tonight with the star's unexpected guest. Just kidding. I love doing that to people. The premise for the 210th and final episode has been a well-guarded secret.

In sports, the Dallas Mavericks overcame a 48-point performance by league MVP Steve Nash to beat the Phoenix Suns. The Mavs 119-109 win ties that series at two games apiece.

(WEATHER REPORT)

COSTELLO: Coming up on DAYBREAK, why the nation's pickup drivers could be doing a better job of buckling up.

We'll be right back.

(COMMERCIAL BREAK) COSTELLO: It's 6:52 Eastern. Here is what will be making news today.

South Korea is talking with North Korea about nukes. The two sides held senior-level discussions after a 10-month gap. Seoul has promised a new proposal if the north returns to six-nation talks, but no details on what exactly that proposal is. In the meantime, the U.S. is warning of an unspecified action against North Korea if it carries out a nuclear test.

Michael Jackson's molestation trial stretches into week 12. Jackson's former attorney, Mark Geragos, is expected to be back on the stand. Geragos testified Friday that the thought the accuser's family might shake down the singer.

And this reminder: Just before the nationwide "click it or ticket" seat belt campaign kicks off, statistics show more people are killed in pickup trucks crashes because they do not wear seat belts or buckle up.

It's time now for something good.

CHAD MYERS, CNN METEOROLOGIST: Giving away a mug, Carol. You know, I have a special one here. It looks like this. It's the paper one today.

COSTELLO: Oh, that's beautiful.

MYERS: No, no, no, no, it's not really that one. It's this one right here, the DAYBREAK coffee mug. It's time to it give away. You asked the questions, Rob Marciano did, on Friday. Thanks to him for filling in all week.

What state did a retaining wall collapse onto a road? And that was New York. And who will be host of "Saturday Night Live's" season finale? That happened on Saturday. Lindsay Lohan, the answer there.

And Steve Chin got them both right from Sunnyvale, California. Congratulations, Steve. The mug will be getting in the mail for you.

Now the questions for today, if you've been waiting around. What company is increasing its purchases of 40-year mortgages? Had that interview a few minutes ago. And what city holds a runoff election for mayor tomorrow?

Submit your answers to CNN.com/daybreak -- Carol.

COSTELLO: Oh, the second question was hard.

MYERS: That is. We had it, though.

COSTELLO: Hey, happy birthday.

MYERS: Thank you. I had a nice birthday yesterday. I invited you to my party, but you didn't make it. COSTELLO: I couldn't hop on a flight that quickly. But it sounds like you had a terrific time. You had lobster, and your best friend is a chef. And what could be better than that on your birthday?

MYERS: Exactly. He's a good guy.

COSTELLO: Hello, Patrick.

Entertainment headlines for you this morning.

Actress Cameron Diaz is suing Britain's "The Sun" newspaper. The tabloid claims she was having an affair with her married travel show producer. Shane Nickerson produces Diaz's MTV show "Trippin'." "The Sun" reported the two were spotted smooching in Santa Monica.

I'm not crazy, comedian Dave Chappelle tells "TIME" magazine. Chappelle took off for South Africa after his hit Comedy Central show was suspended. He calls it a spiritual retreat and denies reports he checked into a mental health clinic. You know, Comedy Central paid him $50 million to do that show.

Rapper 50 Cent, 50 Cent, 50 Cent avoids going to jail. I wanted to get it right. The judge ruled that assault and battery charges will be dropped if he stays off drugs and does not commit any crimes for two years. Fifty, whose real name is Curtis Jackson, allegedly trampled two women and punched another during a concert last year.

You can get more entertainment news every night on "SHOWBIZ TONIGHT" at 7:00 p.m. Eastern on Headline News.

DAYBREAK is back after a break.

(COMMERCIAL BREAK)

COSTELLO: The birthday has a present for all you travelers this morning.

(WEATHER REPORT)

COSTELLO: "Now in the News."

Russia's deputy parliament speaker is accused of profiting from the U.N. oil-for-food program in Iraq. He has previously denied such reports. A Senate report alleges that several other top Russian officials also profited.

Defense Secretary Donald Rumsfeld answers questions today about the base closing list he released last week. He appears before the Base Closure and Realignment Commission at 1:30 Eastern.

As you well know, Florida was clobbered by a record number of hurricanes last year. We'll learn what the prediction is for the upcoming Atlantic hurricane season this afternoon at 12:30 Eastern.

And that does it for us. From the Time Warner center in New York, I'm Carol Costello, along with Chad Myers. "AMERICAN MORNING" starts right now.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.


Aired May 16, 2005 - 06:29   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. From the Time Warner center in New York, I'm Carol Costello, along with Chad Myers.
"Now in the News."

"Newsweek" magazine says it was wrong. Deadly anti-American demonstrations in Afghanistan last week were sparked by a report in the magazine that U.S. interrogators had flushed at least one copy of the Koran down the toilet. Now the magazine is backing off its story.

There is late word in to CNN this morning of a mortar attack at a university in Baghdad. Eyewitnesses say the mortar slammed into the school of engineering, killing one security guard and wounding two students.

Resilient Tony Kanaan will sit on the pole for this year's Indianapolis 500. Kanaan captured the top spot with a lap in excess of 227 miles per hour. Upstart rookie Danika Patrick (ph) will start fourth when the green flag drops on Sunday, May 29.

I think all eyes are on Danika (ph), Chad.

I hope you can hear, Chad, because I cannot. All right, Chad has gone to get something, and I think it would be his microphone? Or a new battery. All right. We'll get back to Chad shortly, we promise.

First the list; now the sale. Defense Secretary Donald Rumsfeld will testify today before the Congressional Commission that's looking into the Pentagon's proposed base closings. Thirty-three major military bases are slated for the chopping block, and there are plans calling for hundreds of smaller bases to be closed or consolidated. It's not without cost. The Pentagon has recommended cutting some 10,000 military jobs and another 18,000 civilian jobs.

Let's talk more about the base closings with CNN Radio correspondent Dick Uliano.

Good morning -- Dick.

DICK ULIANO, CNN RADIO CORRESPONDENT: And good morning to you, Carol.

This is the morning that the hearings begin for this Base Closing and Realignment Commission. This is the fifth round of base closings; the first, by the way, since the 9/11 terrorist attacks. And as you indicate, the defense secretary and the joint chiefs will kick things off this afternoon, testifying about the Pentagon's plan to close some, what, 30-40 major military bases across the country. And there will be hearings later this week as well.

COSTELLO: You know, in cities across this land, there are people so opposed to these military base closings. In fact, some have vowed to keep working despite any government order. Is there anything at this point that those local politicians can do to stop some of these closings?

ULIANO: Absolutely, yes and also no. And the absolutely yes is that there is a process. For example, there is a toll-free line. There will be regional hearings where they can testify. And Defense Secretary Rumsfeld says the local communities' economy will be taken into consideration in the process.

But also, no, because, Carol, 85 percent of these lists have been approved in the past. But this is the stage before the commission, where the local communities have their best chance of changing things.

COSTELLO: Good luck to them. Dick Uliano reporting live for us from Washington this morning.

Medical marijuana, the Ten Commandments, the issue of imminent domain and questions about whether Justice William Rehnquist will resign. There is a lot going on at the U.S. Supreme Court, so let's talk with former U.S. attorney Kendall Coffey about it all.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.

COSTELLO: I want to read you something. It says, "This Supreme Court term will be a blockbuster." That's according to a Washington lawyer. He says, "The Court's rulings on social issues and the role of government will definitely remind everyone of the significance of a single Supreme Court appointment." Do you agree?

COFFEY: Totally. And you mentioned medical marijuana. I mean, think of all of the issues in that, Carol. It's states' rights, because 11 states have said they believe they should have the right for medical marijuana for patients in extreme distress. In addition to states' rights and patients' rights on the other side of it, you've got a national program to fight drugs. Which one wins? And the court may be deciding. It could be this week. It could be another month. But it's going to be decided much sooner than later.

COSTELLO: So, is there any way to tell which way the court is leaning?

COFFEY: Well, I think the indications are that the court will probably not allow individual states to carve out for medical marijuana. They obviously understand the compelling concerns. But we want to have a nationwide, even a global war on drugs. So, we simply can't allow different states to do it their own way.

COSTELLO: Another hot-button issue, Ten Commandments displayed in government buildings.

COFFEY: Well, including the Supreme Court. You know, as they look upward toward the soaring sky in the Supreme Court chambers, they have the Ten Commandments there. And so, Carol, it is one of those issues which can be so frustrating for the public, because the answer, some of the least favorite words when lawyers or judges speak, is going to be, it depends and sometimes. I think the Texas display will clearly be validated. Kentucky is a much closer call in the schools and the courthouses in Kentucky.

But it all comes down to context, location. Is it seen as part of a historical display about law givers? Or is it seen as unmitigated advocacy for religion?

COSTELLO: Let's talk about Chief Justice William Rehnquist. He's 80 years old. He's had thyroid cancer. He's not in good health. A lot of people say that he will step down. What is your sense?

COFFEY: Well, certainly most of the observers, including his former clerks and friends, are suggesting that the retirement is getting closer. And that, of course, would key up a giant issue of who will be the new chief justice. We don't hear Rehnquist's name every day, but he is truly, Carol, when you look at his leadership at the Supreme Court over many years, one of the most significant figures in shaping our country's laws and lives over the last 15-20 years.

COSTELLO: Most definitely. If he steps down, who do you think will become his replacement?

COFFEY: A tough question for early in the morning. I think they're going to look very long and hard at Justice Scalia, who is a spectacular talent, certainly controversial. But I think he is one of the people who would continue to be able to shape and carry forward a conservative agenda perhaps as no other could.

COSTELLO: Of course, we always hear Clarence Thomas.

COFFEY: He said he is not a candidate. And, of course, the president can, as they often have, go to someone who is not a member of the existing Supreme Court. And there are a number of judges who might be less controversial than Scalia.

COSTELLO: Kendall Coffey, thanks for your insight this morning. We'll be following all of that, of course.

Still ahead on DAYBREAK, up they go. Airfares could rise again, the seventh hike since February. Carrie Lee has more on that after a break.

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

(COMMERCIAL BREAK)

COSTELLO: It's time to check the markets now, a disappointing day so far in the international markets. Japan's Nikkei is closing down nearly 102 points, Britain's FTSE is trading down just over 4 points, the German DAX is trading down 8 points.

It's time for a little "Business Buzz." Soaring fuel prices are costing the airlines a lot of money. And the airlines are passing those costs on to -- big surprise -- you.

Carrie Lee has more.

So, we can expect to pay more for an airline ticket.

CARRIE LEE, CNN FINANCIAL NEWS CORRESPONDENT: Well, so far. This time, the hikes are sticking. You know, we've seen this numerous times, though, in the past couple of months. What's happening is despite their struggles, the airlines do have a lot of pricing power.

Now, this increase is the seventh fare hike in the past three months. It started last week when American Airlines raised prices.

Two things are unusual about this fare hike. First off, American raised prices in markets where it competes with discounters. They usually don't do this. Second, its hike was only $2 to $6.

So, in response, you can imagine, we're seeing the ripple effect. Delta raised its fares by $10 to $20. American then came back, matched that increase, and so did Continental, Northwest, United, US Airways and America West. So, so far, this round of hikes is sticking.

Speaking of US Airways and America West, "The Wall Street Journal" says the two companies are close to a merger. And this would combine the seventh and eighth biggest U.S. airlines in terms of traffic. US Airways is currently operating under bankruptcy protection. So, we'll see if that happens, Carol. They're trying to raise some money to get the deal done.

COSTELLO: Understand. A quick look at the futures.

LEE: Things are looking pretty flat for today's session. I have to say, though, a lot of economic reports are coming out this week. Consumer prices on Wednesday, that's a key inflation gauge. You know, everyone is watching that these days. So that's going to be a key one to watch.

COSTELLO: All right. We'll be watching. Thanks, Carrie.

LEE: Thanks.

COSTELLO: Still to come on DAYBREAK, she's one of the young victims in a child porn ring police have been trying to bust. Now they're one step closer to pinpointing exactly who she is. The latest on the hotel girl.

More news in a moment. You are watching DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: Here are some stories to keep your eye on in the week ahead.

Today, two longtime politicians are honored. Former Texas state Senator Bill Ratliff and Atlanta Mayor Shirley Franklin will receive this year's Profile in Courage award. It was created in honor of President Kennedy.

On Tuesday, voters in Los Angeles cast ballots in the mayoral runoff election. It's between incumbent Mayor Jane Hahn and the city councilman, Antonio Villaraigosa.

On Wednesday, a showdown in the Senate. Senators plan to debate two of President Bush's judicial nominees. If the Democrats stall the nominations with filibusters, then the Republicans say they'll move to ban such tactics.

Thursday, Israel celebrates the 57th anniversary of its independence, but the Palestinians will not be partying. They've already held a day of mourning.

And on Friday, Merv Griffin gets the honor of a lifetime. He'll be presented with a lifetime achievement award at the daytime Emmys.

Investigators in Atlantic City, New Jersey, are hoping to get some clues today when they pull a small plane out of a nearby bay. Take a look at that plane. It just keeps going and going, and then it ends up in the water. The pilot, his three passengers suffered only minor injuries in the crash. The four were picked out of the water by a pair of passing boats.

(BEGIN VIDEO CLIP)

JOE CLARK, RESCUER: He was getting out, and he kind of tripped and got in the water. And me and my neighbor grabbed him, and we pulled him up over the side of the boat.

(END VIDEO CLIP)

COSTELLO: The pilot says his brakes failed. But one witness on the ground says the small jet was somewhere where it should not have been on a runway that was too short for such a landing.

You can imagine how shocking it would be to see that plane come in for a landing without enough runway. CNN's Soledad O'Brien will talk to a man who saw it happen on "AMERICAN MORNING."

Good morning -- Soledad.

SOLEDAD O'BRIEN, CNN ANCHOR: Hey, Carol, good morning to you.

You're exactly right. You know, we're going to talk this morning to the witness. He says at the very first he thought the plane was just lost. But now, we're going to talk to him this morning about what happened when the plane tried to land.

Also this morning, we're "Paging Dr. Gupta." Sanjay has got some new details on a link between your personality and your health. He says some trades can have a link to diseases like cancer or even multiple sclerosis.

Those stories and much, much more, Carol, are ahead on "AMERICAN MORNING" at the top of the hour. Back to you.

COSTELLO: We'll be there. Thanks, Soledad.

An update now on a story we've been following. A two-year child porn investigation ends in a way investigators did not expect. They asked for the public's help in identifying this girl. She was seen in sexually-explicit photos on the Internet. Now, they say she's been adopted by a family and is living under a new name.

(BEGIN VIDEO CLIP)

DET. MATT ERWIN, ORANGE COUNTY, FLORIDA, SHERIFF'S DEPARTMENT: We have identified her. I don't know where she's at. We are working on getting that information. And I understand that there may be ongoing charges in Pennsylvania, which is the state that the victim is from.

(END VIDEO CLIP)

COSTELLO: Police suspect the girl's former adoptive father in her abuse. He's currently serving time for a child porn conviction, but it's not clear if that's related to the girl's case. Something else that's not clear, why authorities didn't find out all about this earlier? They're downplaying any lack of communication.

Your news, money, weather and sports. It is 6:45 Eastern. Here's what's all new this morning.

Defense Secretary Donald Rumsfeld goes before the Base Closing and Realignment Commission this afternoon. He'll be defending the Pentagon's military base closing list.

In money news, the White House is re-imposing quotas on some Chinese clothing imported into the United States. U.S. retailers say that move will drive up prices.

In culture, the final episode of "Everybody Loves Raymond" ends tonight with the star's unexpected guest. Just kidding. I love doing that to people. The premise for the 210th and final episode has been a well-guarded secret.

In sports, the Dallas Mavericks overcame a 48-point performance by league MVP Steve Nash to beat the Phoenix Suns. The Mavs 119-109 win ties that series at two games apiece.

(WEATHER REPORT)

COSTELLO: Coming up on DAYBREAK, why the nation's pickup drivers could be doing a better job of buckling up.

We'll be right back.

(COMMERCIAL BREAK) COSTELLO: It's 6:52 Eastern. Here is what will be making news today.

South Korea is talking with North Korea about nukes. The two sides held senior-level discussions after a 10-month gap. Seoul has promised a new proposal if the north returns to six-nation talks, but no details on what exactly that proposal is. In the meantime, the U.S. is warning of an unspecified action against North Korea if it carries out a nuclear test.

Michael Jackson's molestation trial stretches into week 12. Jackson's former attorney, Mark Geragos, is expected to be back on the stand. Geragos testified Friday that the thought the accuser's family might shake down the singer.

And this reminder: Just before the nationwide "click it or ticket" seat belt campaign kicks off, statistics show more people are killed in pickup trucks crashes because they do not wear seat belts or buckle up.

It's time now for something good.

CHAD MYERS, CNN METEOROLOGIST: Giving away a mug, Carol. You know, I have a special one here. It looks like this. It's the paper one today.

COSTELLO: Oh, that's beautiful.

MYERS: No, no, no, no, it's not really that one. It's this one right here, the DAYBREAK coffee mug. It's time to it give away. You asked the questions, Rob Marciano did, on Friday. Thanks to him for filling in all week.

What state did a retaining wall collapse onto a road? And that was New York. And who will be host of "Saturday Night Live's" season finale? That happened on Saturday. Lindsay Lohan, the answer there.

And Steve Chin got them both right from Sunnyvale, California. Congratulations, Steve. The mug will be getting in the mail for you.

Now the questions for today, if you've been waiting around. What company is increasing its purchases of 40-year mortgages? Had that interview a few minutes ago. And what city holds a runoff election for mayor tomorrow?

Submit your answers to CNN.com/daybreak -- Carol.

COSTELLO: Oh, the second question was hard.

MYERS: That is. We had it, though.

COSTELLO: Hey, happy birthday.

MYERS: Thank you. I had a nice birthday yesterday. I invited you to my party, but you didn't make it. COSTELLO: I couldn't hop on a flight that quickly. But it sounds like you had a terrific time. You had lobster, and your best friend is a chef. And what could be better than that on your birthday?

MYERS: Exactly. He's a good guy.

COSTELLO: Hello, Patrick.

Entertainment headlines for you this morning.

Actress Cameron Diaz is suing Britain's "The Sun" newspaper. The tabloid claims she was having an affair with her married travel show producer. Shane Nickerson produces Diaz's MTV show "Trippin'." "The Sun" reported the two were spotted smooching in Santa Monica.

I'm not crazy, comedian Dave Chappelle tells "TIME" magazine. Chappelle took off for South Africa after his hit Comedy Central show was suspended. He calls it a spiritual retreat and denies reports he checked into a mental health clinic. You know, Comedy Central paid him $50 million to do that show.

Rapper 50 Cent, 50 Cent, 50 Cent avoids going to jail. I wanted to get it right. The judge ruled that assault and battery charges will be dropped if he stays off drugs and does not commit any crimes for two years. Fifty, whose real name is Curtis Jackson, allegedly trampled two women and punched another during a concert last year.

You can get more entertainment news every night on "SHOWBIZ TONIGHT" at 7:00 p.m. Eastern on Headline News.

DAYBREAK is back after a break.

(COMMERCIAL BREAK)

COSTELLO: The birthday has a present for all you travelers this morning.

(WEATHER REPORT)

COSTELLO: "Now in the News."

Russia's deputy parliament speaker is accused of profiting from the U.N. oil-for-food program in Iraq. He has previously denied such reports. A Senate report alleges that several other top Russian officials also profited.

Defense Secretary Donald Rumsfeld answers questions today about the base closing list he released last week. He appears before the Base Closure and Realignment Commission at 1:30 Eastern.

As you well know, Florida was clobbered by a record number of hurricanes last year. We'll learn what the prediction is for the upcoming Atlantic hurricane season this afternoon at 12:30 Eastern.

And that does it for us. From the Time Warner center in New York, I'm Carol Costello, along with Chad Myers. "AMERICAN MORNING" starts right now.

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