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CNN Live At Daybreak

U.S. Strategy for Iraq in Spotlight Today; Supreme Court Set to Issue Decisions from Ten Commandments to Sharing Music Online

Aired June 23, 2005 - 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: It is Thursday, June 23, and the U.S. strategy for Iraq is in the spotlight today. Defense Secretary Donald Rumsfeld returns to the Hill. What message will he deliver?
The Supreme Court set to issue decisions from Ten Commandments to sharing music online. Your beliefs and behaviors are being considered.

And burning the U.S. flag -- long an issue that divides. I'll talk to a congressman who says it is your constitutional right.

ANNOUNCER: From the Time Warner Center in New York, this is DAYBREAK with Carol Costello and Chad Myers.

COSTELLO: And good morning to you.

We'll have more on those stories in just a minute.

Also ahead, a fast growing community may put the brakes on commuters in a new housing development. Is their plan to control commuters fair?

But first, now in the news, Secretary of State Condoleezza Rice and her French counterpart finally agree on something. The two say Syria should live up to its decision to stay out of Lebanon. Two senior State Department officials say Syrian intelligence agents remain in Lebanon. The comments came at the G8 meeting.

The ex-Klansman convicted of the 1964 slayings of three civil rights workers will hear his fate this morning. Sentencing for Edgar Ray Killen is scheduled in five hours in Philadelphia, Mississippi.

And a royal graduation. Prince William, heir to the British throne, graduates from college today. He also loses special protection from media intrusion, so it is play time for the paparazzi.

And remember, you can view more CNN reports online. Just visit cnn.com and click onto "watch" and you can check out moving video.

To the Forecast Center now and Chad -- good morning.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: We begin this hour in Iraq, where car bombs killed 15 people this morning in a 15 minute time frame. Iraqi police say the blasts in a Baghdad neighborhood targeted a mosque, a police patrol and the main street of a busy shopping area. At least 50 were wounded, all of them Iraqi civilians.

Beyond the grim reality of daily insurgent attacks, President Bush has been on a P.R. push to defend his Iraq policy. Today, the president's top military advisers head to Capitol Hill to face some tough questions about the conflict.

Let's head live to Washington and CNN Radio's Dick Uliano's -- good morning, Dick.

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

COSTELLO: What's expected to happen there today?

ULIANO: Well, Defense Secretary Rumsfeld, the chairman of the joint chiefs of staff, Myers, and other top military commanders, Carol, are going to appear before both Senate and House Armed Services Committees. And their appearances come amid a rising tide, really, of congressional concern and criticism about the war in Iraq. And public polls are showing the public increasingly interested in a U.S. troop pullout. So Rumsfeld is going to have to talk about the strategy in Iraq, what the United States is accomplishing. And, Carol, people want to know, especially lawmakers, what is the timetable for withdrawing U.S. troops.

So these are some of the issues they're going to talk about, and certainly the insurgency that continues to take a toll in Iraq.

COSTELLO: So, Dick, do you think that we'll hear something different from Donald Rumsfeld? Because a lot of Democrats are saying the administration is painting a rosy picture of what's happening in Iraq and the picture isn't so rosy.

ULIANO: Carol, I do think that these hearings today could be a little different than what we've had earlier this spring. Take, for example, the Senate Armed Services Committee this morning meeting. In the past, it's discussed the search for weapons of mass destruction in Iraq. You would think that this hearing is going to focus more now on the rising insurgency and how we're going to cope with it.

The Democrats in Congress, like Nancy Pelosi recently called the Iraq war "a gross mistake." And even Republicans are critical. Senator Lindsey Graham, Republican from South Carolina, says the U.S. underestimated the insurgency.

So there's a restiveness in Congress.

COSTELLO: Dick Uliano, you'll be following it today.

We'll hear from you tomorrow, hopefully.

So members of Congress, as you -- as well as you, want to know when U.S. troops are coming home from Iraq. You heard Dick say that. In the meantime, the Pentagon is working with a private marketing company to develop a database of potential new recruits. Now, this database will contain detailed personal information about high school students ages 16 to 18, all college students and Selective Service registrants. It will include their Social Security numbers, grade point averages and ethnicities.

Privacy advocates are outraged about the move, calling it an unwarranted intrusion into private life.

The "Washington Post" and the "L.A. Times" first reported on this database.

Now to another hot button issue -- Social Security reform. House Republicans have unveiled a scaled down version of President Bush's plan for personal savings accounts. The new proposal calls for using the cash surplus from Social Security to create individual accounts for workers under 55. Social Security benefits would not be altered and the money in the accounts would be invested only in U.S. Treasury bonds.

Supporters say it's a good first step.

(BEGIN VIDEO CLIP)

REP. SAM JOHNSON (R), TEXAS: It's sort of like in Dallas when you sit down to eat a 28-ounce prime Porterhouse steak at a fine steakhouse, you just have to take it one bite at a time. And that's what our bill -- it's the first bite at the bigger reform. This bill begins the process and gets us off no and on go to grow.

(END VIDEO CLIP)

COSTELLO: The new proposal doesn't address the stumbling block issues of reducing benefits or allowing money to be invested in the stock market.

At the Supreme Court this morning, some high profile rulings are expected before the justices go on their summer recess. And court watchers are also debating a crucial question -- will Chief Justice William Rehnquist announce his retirement?

Let's head live to Washington to find out more.

Kareen Wynter standing by -- good morning, Kareen.

KAREEN WYNTER, CNN CORRESPONDENT: Good morning to you, Carol.

And some of Washington's insiders have recently commented, of course privately, on the physical condition of Chief Justice William Rehnquist, saying that he appears to be improving after his surgery last year for thyroid cancer and that he looks great. But, of course, there are other mixed responses out there.

The bottom line? The chief justice hasn't hinted at a possible announcement. (BEGIN VIDEO TAPE)

WYNTER (voice-over): He's been the head of the high court for almost two decades. But is Chief Justice William Rehnquist ready to retire?

JONATHAN TURLEY, GWU LAW PROFESSOR: If Chief Justice Rehnquist retires, it won't be because of all the articles or the pundits or the pressure. It'll be because he thinks it's the best thing for the court.

WYNTER: Some sources close to Rehnquist say his health has improved and doubt he'll step down, while others have commented on his frail condition.

TURLEY: Chief Justice Rehnquist looked better today than he did a few months ago. But he still has had some obvious physical problems. He still has trouble speaking. And the chief justice job really is demanding on an administrative level.

WYNTER: Before adjourning for the summer, the justices could rule on several high profile cases. Two involve the display of the Ten Commandments on government property, which tests the separation between church and state. Opponents say displaying the Ten Commandments on government grounds implies government endorsement of a particular religion.

The Supreme Court will also weigh whether the distributors of file sharing services like Grokster are liable for alleged copyright infringements by people who use their programs.

(END VIDEO TAPE)

WYNTER: And with the accessibility of cell phones and other electronic devices where movies and performances are more easily accessible, this ruling, Carol, could have a big impact on the entertainment industry.

Again, we could hear some word on these bigger cases later this morning. The Supreme Court usually waits toward the end of its term, the last few remaining days, to hand down its decision -- Carol.

COSTELLO: Kareen Wynter reporting live from Washington.

In other "Stories Across America" this Thursday, investigators in California say this man may have molested hundreds, even thousands, of boys. Now, prosecutors are asking other alleged abuse victims to come forward. Sixty-three-year-old Dean Schwartzmiller made a court appearance in San Jose on Wednesday on charges of felony molestation involving two 12-year-old cousins.

A Georgia grand jury indicts these two men on murder charges in the 2001 stabbing death of Daniel Smith. He was the husband of Ashley Smith, the woman hailed as a hero for turning in the man accused in the Atlanta courthouse shootings back in March. Out West, it's wildfire season. Crews are trying to keep two fast moving fires from reaching homes near the Tonto National Forest in Arizona.

In California, emergency officials say the blaze in the Morongo Valley has reached 4,500 acres. At least seven homes have burned and two dozen others are threatened. Around 1,000 people have been evacuated.

His family says he's not talking much yet about what happened. But 11-year-old Brennan Hawkins is getting back to his normal life after being rescued in the Utah wilderness, where he had been missing for four days. His parents say Brennan followed their advice to stay on the trail and not to talk to strangers.

His dad says despite the ordeal, Brennan is doing just fine.

(BEGIN VIDEO CLIP)

TOBY HAWKINS, BRENNAN'S FATHER: I think he's doing very well. I think you can see it in his eyes. He's -- he looks...

JODY HAWKINS, BRENNAN'S MOTHER: He's tired.

HAWKINS: ... very healthy. He's very tired. He's kind of nodded off for a couple of naps this afternoon and stuff. He has had some fun playing with his brothers and his friends and stuff. He's been, as we've mentioned before, playing Pokemon. And we're just getting back to business as usual as much as we can.

(END VIDEO CLIP)

COSTELLO: Brennan did not look into that, did he?

The Hawkins say they had an emotional reunion when Brennan returned home. Of course they did.

Still to come this hour on DAYBREAK, it's been a secret until this week. Coming up, we'll take you to one of Iran's nuclear sites.

Is it free speech or should it be illegal? We'll revisit a debate that has been around for decades.

And Yahoo! puts the kabash on a number of chat rooms. We'll tell you why.

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

(COMMERCIAL BREAK)

COSTELLO: Iran has given the world a rare look at its controversial nuclear power station. International reporters were taken to the plant, which is still under construction in southern Iran. Russia is helping to build this reactor. Washington is convinced the project is part of a cover for weapons development. But Iran insists it is intended to produce electricity only.

Your news, money, weather and sports.

It's 6:13 Eastern.

Here's what's all new this morning.

Secretary of Defense Donald Rumsfeld can expect heated questions this afternoon when he goes before the House Armed Services Committee. He's updating Congress on the training of Iraqi security forces, a key to U.S. troop withdrawal.

In money news, the Mega Millions Lottery welcomes California as the 12th state to join the jackpot. That means the payoff could be bigger, a lot bigger.

In culture, eight hours of the Live Eight concerts on July 2 will be telecast on MTV and VH1. Bob Geldof and U2's Bono developed the concert to raise awareness of poverty in Africa.

In sports, Anika Sorenson goes for the third leg of the women's grand slam in golf. Play opens today at the U.S. Women's Open in Cherry Hills Village, Colorado -- Chad.

MYERS: I've never been to that golf course, but I sure would like to visit some day.

(WEATHER REPORT)

COSTELLO: It is a powerful sight -- an American flag set on fire burning. There are many who feel burning -- burning an important symbol of democracy should be banned. The House of Representatives, after a long battle, passed the ban. It wants a constitutional amendment to protect the flag. The measure now heads to the Senate.

We head live to Washington now and Democratic Rep. Jerry Nadler.

Good morning, sir.

REP. JERRY NADLER (D), NEW YORK: Good morning.

COSTELLO: How likely is this to pass the Senate?

NADLER: Well, I don't know. It might. It has not in the past, but it might this time. I hope not.

COSTELLO: It's close, though, isn't it? It could actually pass because, of course, there are more Republican senators in the Senate right now.

NADLER: Yes, if everyone who has said they would vote for it, who seems to be leaning that way, they're two short.

COSTELLO: Why is...

NADLER: That is two... COSTELLO: Go ahead.

NADLER: ... two senators short.

COSTELLO: Well, we'll see what happens later.

Why is a constitutional amendment needed to protect the flag?

NADLER: Well, I don't think it is. I don't think we should pass one. The Supreme Court decided back in 1989 that a law making it a crime to burn the flag -- well, to desecrate the flag, not just burn it, was unconstitutional and was a violation of free speech against the first amendment to the constitution. And those who think that that is wrong need to amend the constitution to get around that Supreme Court decision.

COSTELLO: Representative Sensenbrenner says there is a lot of support for this ban.

Let's listen to what he has to say about it.

(BEGIN VIDEO CLIP)

REP. JAMES SENSENBRENNER (R-WI), JUDICIARY COMMITTEE: All 50 state legislatures have passed a resolution calling on Congress to pass the Flag Protection Amendment. And polls demonstrate the overwhelming majority of Americans have consistently supported a flag protection amendment.

(END VIDEO CLIP)

COSTELLO: OK, so it is a democracy. So if you believe what Representative Sensenbrenner is saying, haven't the people spoken?

NADLER: Well, I don't think the people have spoken, although it's clearly a pillow thing to do. The point about a democracy, though, is that there are certain limitations on majority rule. That's why we have a Bill of Rights. If the majority decides everybody has to be a particular religion, we -- you can't force an individual to do that. If the majority decides that they don't want hear anybody speak and say the war is a good idea, the war is a bad idea, you can't do that. We have freedom of speech, freedom of religion and so forth.

And I think the flag burning amendment is a very bad idea because it would be the first time in 200 years that we would have amended the Bill of Rights in order to limit peoples' rights to free speech.

Now, some people will say, and certainly Representative Sensenbrenner would say that desecrating the flag is not free speech. The fact is, the way they want to do it clearly is. It would clearly violate free speech. That's why the Supreme Court found that way.

For example, two examples, the proper way by law to dispose of a worn out tattered flag is to burn it. No one is going to criminalize burning a tattered flag to dispose of it. They would only criminalize it -- if you burn the flag and say nice things, let's dispose of our wonderful flag, that's fine. But if you burn the flag and say nasty things about the policy of the administration in power, that they want to make criminal.

Secondly, if you go see a movie and actors are playing British soldiers burning the White House and the flag in the War of 1812, no one is going to arrest the actors because you figure they don't mean it. Don't mean what? Don't mean the things they're saying. But if you burn the flag because you say that our policy on this or that is wrong, then that would be criminal.

And that's why it's a limitation on free speech and frankly this country, the flag is meant to symbolize our freedom and shouldn't be sacrificed to our freedom.

COSTELLO: Yes, but a lot of people think, you know, we have troops fighting over in Iraq, having a very tough time. Now is the time, especially after what happened on 9/11, to ban flag burning because it's such an important symbol of democracy.

NADLER: It's a symbol of democracy, but if you ban flag burning and limit free speech doing that, then you're demeaning democracy. People aren't fighting for a piece of cloth. They're fighting for what the flag stands for, and that's freedom and liberty. And that is what we should not demean and diminish by making it -- by limiting free speech.

Now, the fact of the matter is if you want to honor our troops, don't talk about flag burning, talk about supplying them with the armor they need to avoid being killed. If you want to honor the people who went in to help the people on 9/11, give them the medical care they need today instead of not doing so, which is what we're not doing.

COSTELLO: Well, we'll see what happens in the Senate.

Rep. Jerry Nadler, Democrat from New York, joining DAYBREAK this morning.

Thank you.

Still to come, Yahoo! closes the doors to some chat rooms, but not before a few big companies pull their advertising dollars off the popular Web site. That's ahead in "Business Buzz."

But first, we'd like to say good morning to Miami, Florida.

We'll be right back.

(COMMERCIAL BREAK)

COSTELLO: Time now for a little "Business Buzz."

U.S. oil company Unocal is mulling an $18 billion cash bid from China's third biggest oil producer. Rival bidder Chevron had offered more than $16 billion to take over Unocal. Air fares are taking off just in time for summer vacations. Some major U.S. airlines are boosting fares. They blame it on higher fuel costs.

Also, ATM fees are on the rise nationwide. Banks are charging higher fees whether you're a customer or not. One consultant says more people are using debit or credit cards rather than cash, and banks are losing money from ATM fees.

Oh, I feel so sorry for them, don't you?

Inappropriate content and a little pressure from advertisers force Yahoo! to shut down some of its chat rooms.

Carrie Lee is here with more on that.

CARRIE LEE, CNN CORRESPONDENT: You know, Carol, Yahoo! has hundreds of chat rooms. A lot of people go on the site, a variety of different topics. Well, some of these rooms were being used to promote sex with minors. So Yahoo! has taken down all user created chat rooms, not just those that involve sex with minors, but all of them.

Chat rooms created and maintained by Yahoo!, though, do remain open.

Now, no word on when those closed chat rooms are going to reopen. Part of the problem here, big advertisers, understandably, including PepsiCo, State Farm, Georgia Pacific, pulled their Yahoo! ads after the chat room problems became public. Users logging into chat rooms -- and these are some of the tamer ones -- called Yahoo! girl -- I'm sorry, "younger girls for older guys" and "girls 13 and under for older guys" could be met with ads for Pepsi or Brawny paper towels on the side. So they don't want to be associated with it.

Yahoo! closing them down. These user created chat rooms weren't monitored at all by Yahoo!, so maybe that will change. But real trouble here.

COSTELLO: Yes, but see what it took?

LEE: Yes.

COSTELLO: It took a loss of revenue...

LEE: Yes, it's a shame. Well, I think that's part of it. I think, hopefully they would have closed these chat rooms down anyway. But they're certainly going to have to monitor this more carefully going forward.

COSTELLO: OK. I believe you.

LEE: All right.

COSTELLO: A quick look at the futures? LEE: Futures looking up a bit for today's session. We did see the Dow up 11 points yesterday. The Nasdaq and S&P pretty much flat. FedEx reporting profits this morning. Expecting pretty strong profit growth despite higher fuel costs. We'll see.

COSTELLO: Thank you.

LEE: OK.

COSTELLO: Carrie Lee.

Still to come on DAYBREAK, she's the feminine face of Indy racing, but she doesn't necessarily appreciate some bizarre comments about women. Hear who said what about Danica Patrick and how she responded.

Plus, sentencing day for a former Klansman. Will it bring closure to a small Southern town?

(COMMERCIAL BREAK)

ANNOUNCER: From the Time Warner Center in New York, this is DAYBREAK with Carol Costello and Chad Myers.

COSTELLO: And good morning to you.

Thank you for waking up with us.

Also coming up this half hour, a former Ku Klux Klan member gets ready to hear his fate after a jury finds him guilty of manslaughter. And his hometown wonders about the future.

But first, now in the news, congressional Democrats are demanding answers from Donald Rumsfeld about the future presence of U.S. troops in Iraq. The defense secretary heads to Capitol Hill today to testify on training Iraq's own security forces. The progress of training Iraqis to defend themselves has been slower than anticipated.

We should learn today what John Couey told investigators. Couey is accused of abducting and killing 9-year-old Jessica Lunsford of Florida. Court documents on what he told police are being released today.

Wildfires raging around the West. Thousands of acres are scorched in California, Arizona and Nevada. About 1,000 residents have had to evacuate.

Any relief there today -- Chad?

MYERS: Carol, things look a lot better this morning. The winds have died down overnight. But here's the problem. Here's what really caused most of those wildfires are the lightning strikes. Just in the past hour, 328 lightning strikes inside this big box here you see here centered over Arizona.

Let's kind of get this a little bit closer for you. Most of the lightning is north of Phoenix, up into the Cottonwood Canyon from Prescott back on over to about Flagstaff. And so as we even get you a little bit closer, some of this lightning is still coming down this morning.

And typically a morning thundershower will be much less intense than the ones that happen in the afternoon. And the ones that happened yesterday afternoon were much more intense, with much more lightning. So if 300 lightning strikes came down in the past hour, yesterday the numbers were up around 3,000 per hour in heat of the day. So that's why there are so many fires out there.

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