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Lou Dobbs Tonight

Marines on the Offensive in Western Iraq; Wave of Rioting in France Claims First Victim

Aired November 07, 2005 - 17:59   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


LOU DOBBS, CNN ANCHOR: Good evening, everybody.
Tonight, U.S. Marines are on the offensive in western Iraq in one of the biggest military operations in months. Insurgents have killed four of our soldiers near Baghdad. We'll have exclusive video of the fighting in Al Anbar province.

Also tonight, the first death in a wave of rioting and violence that has swept through France. The French government tonight has ordered tough action against the principally Muslim and Arab rioters.

And death and destruction in the Midwest. Tornadoes have killed more than 20 people. This is the deadliest day of tornado activity in Indiana in three decades. We'll have a live report for you.

And the U.S. Army tonight is patrolling our southern border with Mexico. But the federal government, the White House and Congress remain unwilling to deal with our total lack of border security and our illegal immigration crisis. We'll be going live to New Mexico for the latest.

We begin tonight with the rising number of American deaths in Iraq and the escalating fighting in western Iraq. Four American troops have been killed. A suicide car bombing south of Baghdad took their lives.

The soldiers were killed as U.S. Marines fought insurgents in one of the biggest offensives in Iraq since the assault on Falluja a year ago. Thousands of American and Iraqi troops are fighting to retake the city of Husabaya in Al Anbar province.

Aneesh Raman reports tonight -- Aneesh.

ANEESH RAMAN, CNN CORRESPONDENT: Lou, good evening.

Those four Americans killed were members of Task Force Baghdad. They died after a suicide car bomb detonated at their checkpoint south of the capital.

And in the northern town of Mosul today, six U.S. soldiers were wounded after a suicide car bomber detonated alongside their military convoy.

Now, these attacks come, as you say, amid day three of the military's latest push against insurgents in western Iraq.

(BEGIN VIDEOTAPE)

RAMAN (voice-over): The intent is in the name. Launched over the weekend, Operation Steel Curtain is meant as a final push against insurgents in the volatile Al Anbar Province, stemming the flow of foreign fighters, weapons, and cash from coming across the nearby Syrian border.

LT. COL. DALE ALFORD, U.S. MARINE CORPS: We're expecting a lot of IEDs, vehicles that were rigged for suicide bomb cars, houses that were rigged, doors that when you opened them, they were booby-trapped, pockets of resistance anywhere from eight to 10 to 12 size elements that are really dying in place.

RAMAN: Three thousand American and 550 Iraqi troops started sweeping through the town of Husayaba at dawn Saturday, finding and destroying car bombs, conducting air strikes on insurgent command posts, confiscating weapons caches, and killing dozens of suspected terrorists, all the frequent hallmarks of continued operations in the western part of the country.

Over the past several weeks, from Iron Fist to Steel Curtain, the military has worked to cripple al Qaeda in Iraq in its strongest-held province, and unlike before, is now staying after operations are complete.

BRIG. GEN. DONALD ALSON, U.S. MILITARY SPOKESPERSON: What remains is a permanent Iraqi security force presence. We are building, the Iraqi army is building permanent locations in these areas.

(END VIDEOTAPE)

RAMAN: No, Lou, so far in this operation, one U.S. Marine has been killed, nine others wounded. And we have continued CNN exclusive video of the intense fight that forces face today.

The number of U.S. troops on the ground in Iraq has been rising since the early part of October, ahead of the referendum and the December 15 elections to can. The number now stands at about 160,000. That's well above the baseline of about 138,000. And Lou, that number is also above the number of U.S. troops used in the initial invasion in 2003 -- Lou.

DOBBS: Aneesh, thank you. Aneesh Raman from Baghdad.

As Aneesh just reported, Operation Steel Curtain is the latest in a series of military operations in Al Anbar province. The U.S. military of course likes to use strong aggressive code names for those operations, apparently to convey a wider message to the insurgents and their supporters.

For example, the military launched Operation Phantom Fury one year ago, when more than 10,000 of our Marines and soldiers took Falluja from insurgents. Then in February of this year the military launched Operation River Blitz to defeat insurgents in Ramadi, another city in Al Anbar. Another U.S. Marine Corps offensive called Operation Matador, launched in May near the border with Syria. And in early October, our Marines and soldiers began Operation Iron Fist, also near the Syrian border.

Some of these military code names appear to make no sense whatsoever, however. One operation in September was called Flea Flicker. Then in January another was called Operation Therapist.

Insurgent attacks continue tonight, and those attacks have been escalating through the year. And the number of our troops killed in Iraq now stands at 2,054.

A big anti-terrorism bust in Australia tonight. Nine people have been charged with terrorism in Melbourne, and eight other people have been arrested in Sydney. Australian officials say they foiled a major terrorist attack.

Police say they found chemicals that can be used to make bombs. Those arrested follow a 16-month investigation by Australian federal and state authorities.

In this country tonight, police say at least 23 people were killed in a series of tornadoes that swept across Kentucky and Indiana. More than 200 people were injured. Most of those deaths and injuries were in a trailer park in Evansville, Indiana. It was the deadliest day of tornadoes in Indiana in three decades.

Ed Lavandera reports now -- Ed.

ED LAVANDERA, CNN CORRESPONDENT: Hi, Lou.

Well, we are at the mobile home park in southeast Evansville that took the brunt of this tornado. Eighteen people were killed when the storm rolled through here.

That death toll jumped by one today, as search-and-rescue teams have been clearing out a pond just down the road from where we are, about six feet deep by about 100, 150 yards wide. And they have been emptying out that pond throughout the day. And as they were doing that, they found the body of another victim.

Officials here also say that there are still about 20 people unaccounted for. They will continue to cross and try to get in touch with those people. The hope is that many of them left this area on their own and they just haven't checked in. But as -- they also anticipated that perhaps they weren't going to find any bodies in the pond, and of course that changed drastically today.

This is an area that has been completely devastated, and is one that the sheriff here in this area told us this afternoon, had this storm gone just no less than 200 yards to the south, we wouldn't be talking to you from this point today. That's -- just south of here is a huge wide-open field, farm field. And if it had gone there, it wouldn't have caused any problems. But that is definitely not the case here. Hundreds of others that are still receiving treatments for their injuries, in the process of assessing the damage. And state officials and local officials say they're in the process of assessing the damage, working with FEMA teams to figure out if this area will qualify for federal assistance -- Lou.

DOBBS: Ed, thank you very much. Ed Lavandera from Evansville, Indiana.

Turning now to the worsening and widening violence in France, the French government tonight reports that riots continue to spread. And the government has declared nearly 10,000 riot police are being deployed to stop what has been nearly two weeks of unrest in Arab Muslim areas.

At least one person has been killed in that violence. The rioting has spread now to nearly 300 communities, including some of France's largest cities.

Becky Anderson is about to report from Paris. And we will be going to her shortly.

Here is a little perspective, if we may, to give you some idea of just how widespread these riots are all across France. It is one of Europe's biggest countries, of course. More than 60 million people live there.

France is approximate in size to the state of Texas. France, with a population as I said of about 60 million people, has an area of 213,000 square miles. Texas is larger somewhat, with an area of 269,000 square miles. But Texas has a population of only 21 million people, to put that in some perspective.

As I say, we will be going to Paris for the latest in what are obvious continuing riots and violence there.

President Bush tonight is flying back to Washington after a three-nation visit in Latin and South America. President Bush returns to a series of major political challenges from the CIA White House leak case to his plummeting poll numbers. President Bush today wrapped up his trip with a visit to Panama, where so-called free trade was at the top of his agenda.

Dana Bash, traveling with the president, reports from Panama City -- Dana.

DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Hi, Lou.

Well, Air Force One is headed back to the U.S., but interestingly it's not going straight to Washington. Instead, the president will first go directly to Richmond, Virginia, and there he's going to have an election eve rally with the gubernatorial candidate there, Jerry Kilgore.

That is noteworthy, Lou, because Kilgore didn't show up when President Bush was in his state recently. And all eyes are on tomorrow's election to see if there is any effect, if the president's low poll numbers has any effect, especially in red states on Republicans.

Meanwhile, the president spent his day today here in Panama. He did a lot of sightseeing. He actually toured the canal here. But he also conducted some business with his host. And he appeared to be relieved on all fronts, primarily when it comes to the business, because his host and he saw eye to eye on the key issue that he didn't find any kind of a middle ground with, with other hosts in Latin America, in Argentina and Brazil, and that is trade.

And one interesting moment here in Panama earlier today, Lou, there was a Panamanian journalist who was asking questions of the two leaders, and he even sort of noted to the president, or asked if had the political clout back home to get any kind of trade agreement with Panama through, even if he got any kind of negotiation done while he was here.

DOBBS: Dana, the -- I was just reacting. We -- as we call it the lower third, below your image and mine now, saying that President Bush failed to push his free trade agenda while in Mar del Plata in Argentina.

Of course the president was enthusiastically pushing that agenda. He succeeded in doing that part. It was winning any basic agreement on that free trade agenda is where the failure lies.

Dana Bash with the president in Panama City, Panama. Thank you.

One other issue facing President Bush tonight is this country's exploding debt of foreign governments and banks. The so-called Blue Dog Coalition of fiscally conservative Democrats reports that President Bush has now borrowed more money -- that's $1.05 trillion, in fact -- than the previous 42 presidents.

One Blue Dog Coalition leader, Congressman John Tanner of Tennessee, declares, "If this recklessness is not stopped, I truly believe our economic freedom as American citizens is in great jeopardy."

Again, according to the coalition, President Bush, this government, this federal government under his presidency, has borrowed more money than all 42 presidents previously combined.

As the president traveled back to Washington, congressional Democrats today raised new questions about whether the Bush administration twisted prewar intelligence on Iraq. Democrats focused on a leaked memo that suggests the administration used an unreliable intelligence source to link Iraq with al Qaeda.

(BEGIN VIDEO CLIP)

SEN. HARRY REID (D-NV), MINORITY LEADER: We've seen a window into their behavior with the Libby indictment. The American people deserve to know more. Congress deserves to know more.

(END VIDEO CLIP)

DOBBS: The Republicans were quick to respond, saying Senator Reid once declared that Saddam Hussein was a major threat to the United States. And that, of course, joined in that by President Clinton during his administration, his previous -- his secretary of defense, his secretary of state as well.

We want to take you now to France, where the rioting has spread to almost 300 communities, including some of France's largest cities.

Becky Anderson has the report now from Paris -- Becky.

BECKY ANDERSON, CNN CORRESPONDENT: That's right, Lou. It's actually quiet on the streets of Paris tonight. But in the 12th night of rioting, we are seeing incidents in Toulouse, in the south, and in Lille, to the west.

And unfortunately, we've heard of the first fatality. A man of 61 years old, the caretaker of one of the low-cost housing estates there on Friday was beaten up, in a coma from Friday, and unfortunately he died today. The first fatality, though many, many injuries to firefighters and to police, who are trying to control this violence at present.

We've heard from the prime minister, Dominique de Villepin, tonight. He has said that this is unacceptable and inexcusable this violence. And he is taken a very tough line.

As I think you reported just earlier on, there is the possibility of curfews to be imposed across Paris and in other towns and cities across France if indeed this violence continues. That's what he said.

He hasn't actually addressed any of the concrete issues, those of social and economic injustice that the rioters say are the reasons that they have taken to the streets, though we have a cabinet meeting which the president will chair tomorrow. So watch for information from that.

At present, a very, very tough line being taken by the government here -- 9,500 police out on the streets. No concessions from them as of yet -- Lou.

DOBBS: And the violence continues in France. Becky Anderson from Paris, thank you very much.

Still ahead here, our troops are now patrolling our southern border with Mexico. We'll have a live report for you from New Mexico.

And what could be the most damaging communist Chinese spy case in this country ever. We'll be taking you live to the Pentagon for the very latest. We'll be talking with a strategic expert as well on charges that the United Nations has created a culture of corruption from top to bottom.

We'll have that special report and a great deal more still ahead here. (COMMERCIAL BREAK)

DOBBS: Troops are armed with machine guns, long-range surveillance gear are joining in the fight against illegal aliens.

Casey Wian is live now with our troops near Columbus, New Mexico -- Casey.

CASEY WIAN, CNN CORRESPONDENT: Lou, many advocates of tighter border security have long been calling for the deployment of the U.S. military to help an overwhelmed Border Patrol stop the flow of illegal aliens, drugs and who knows what else into this country.

Here in New Mexico, at least on a limited basis, the Army is now working with the Border Patrol. These are pictures of the 14th Armored Cavalry Brigade on the Mexican border. Dozens of Army vehicles, including armored Stryker units equipped with electronic surveillance systems, are working as so-called forced multipliers for the Border Patrol.

The soldiers are actually on a training mission, preparing for their eventual deployment to Iraq. While they're here, they're helping the Border Patrol spot illegal traffic, especially at night, when it's the heaviest. Border Patrol agents tell us the soldiers are not physically apprehending or contacting illegal aliens in any way.

The Army will not tell us anything specific about how long the soldiers will be here, how many of them there are, or how many groups of illegal aliens they've spotted. The Army says it can't give details because of operational security concerns.

Here's what they will tell us.

Soldiers are under the command of the Joint Task Force North which coordinates and manages military homeland security support. The task force was created in 1989 and has performed more than 5,900 missions for law enforcement agencies nationwide. And the task force routinely provides support to the Border Patrol.

Routine as it may be, it's still unusual to see armored attack vehicles lining a state highway. Now, they're needed, because the Border Patrol is, as I mentioned, overwhelmed here in New Mexico. There have been crackdowns, more resources deployed in Arizona, and that has pushed many of the smugglers who bring drugs and illegal aliens into this country into the New Mexico desert -- Lou.

DOBBS: Casey Wian, thank you. At least along a limited stretch of our southern border we're actually getting serious about border security. But unfortunately it's only a small stretch.

This country also faces, of course, another disturbing national security threat tonight: the huge scale of communist China spying operation in this country. American officials say that there are 3,000 front companies designed specifically to spy on American industry and the U.S. government, and those same officials say the latest evidence of China's espionage activity is the arrest of four people in Los Angeles on charges of stealing secret documents on American warships.

Jamie McIntyre reports from the pentagon -- Jamie.

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT: Well, Lou, according to an affidavit from federal investigators, the accusation is that a Chinese -- a naturalized Chinese-American citizen who has had a secret clearance since 1996 took information from his employer and attempted to transfer it to the Chinese government.

This man, whose name is Chi Pak (ph), worked for a company called Power Paragon. And as that, he was the lead engineer for a program that had access to Navy technology for what's called the quiet electronic drive program, a very sensitive program that the Navy is working on in order to provide very quiet propulsion for Navy ships. And, you know, when it comes to submarines, for instance, quiet is one of the things that makes a submarine effective.

According to the affidavit, if I could read you here, "The investigation has shown that Chi transferred information concerning the quiet electronic drive from his workplace to his home. He copied the information on to CDs, delivering them to his brother, who encrypted the information and made arrangements to travel to the People's Republic of China."

Arrested were Chi, his brother and their two wives, all, according to federal investigators, before they were actually able to take those encrypted CDs to China. The information was not technically classified, but it was classified in what's called no foreign -- or no distribution to any countries listed in the State Department. Of course, China is one of the countries that the U.S. is trying to keep that technology from going to -- Lou.

DOBBS: And some are saying that this is one of the most important spy cases in 15 years. Thank you very much, Jamie McIntyre, from the Pentagon.

Later in this hour, we'll be taking a closer look at communist China's massive spy operation in the United States. I'll be talking with one of the leading experts on China's military and intelligence operation.

Still ahead, the Robin Hood tax. Should oil companies be forced to give some of those giant profits back to American citizens? You'll find out.

And our nation's redistricting mess. A special report on why your vote could count for less than you think, as if you needed more evidence.

And a shameful new medical trend. Surgeons worried about their success rates being publicized are turning away in some cases desperately ill patients.

Stay with us.

(COMMERCIAL BREAK) DOBBS: Tonight, serious discussion in Washington about imposing a windfall profits traffic tax on the world's largest oil companies, a Robin Hood tax, if you will. The big oil companies enjoying record profits while American consumers are struggling to keep up with soaring energy cost.

Louise Schiavone reports.

(BEGIN VIDEOTAPE)

LOUISE SCHIAVONE, CNN CORRESPONDENT (voice over): It's the pocketbook issue that won't go away. Energy prices have gone through the roof and somehow taken a route through your wallet to get there. And Congress is feeling the heat.

JERRY TAYLOR, SENIOR FELLOW, CATO INSTITUTE: The Republicans are looking for somebody less popular than they are to score some political points off of, and oil executives happen to be a good target right now.

SCHIAVONE: A long-simmering post-hurricane resentment about rising gasoline prices erupted into out-and-out charges of price gouging after ExxonMobil posted third quarter profits of almost $10 billion. Other corporations also reported robust profits.

Congressional Republicans are stumbling over each other to appease angry consumers.

SEN. CHUCK HAGEL (R), NEBRASKA: In the interest of our country, and actually in the self-interest of oil companies, they should be out front on this, taking the initiative and exploring ways to do something for the less fortunate in this country.

SCHIAVONE: Two Senate committees will call oil industry executives on the carpet this week, and the speaker of the House has summoned some of them to one-on-one sessions with him.

Meanwhile, with public pressure rising, members on both sides of the aisle are beginning to suggest it might be time to resurrect a windfall profits tax.

TYSON SLOCUM, DIR., PUBLIC CITIZEN'S ENERGY PROGRAM: Are they going to stand up to the profiteering by oil companies? Are Congress and the White House going to step in and rescue consumers that are going to be in a crisis this winter?

SCHIAVONE: Ideas vary about how large a tax should be and where it should go. One proposal envisions a rebate to consumers, others suggest pumping those funds into energy assistance programs.

As you might imagine, the oil industry is opposed.

JOHN FELMY, AMERICAN PETROLEUM INST.: We do not have windfall earnings in our companies, and so this discussion really is inappropriate.

(END VIDEOTAPE)

SCHIAVONE: And Lou, the American Petroleum Institute says not only does the industry object to a windfall profits tax, but they say they need more breaks from Congress to look for, refine and deliver the product -- Lou.

DOBBS: One is not entirely surprised by that position on the part of big oil. Louise Schiavone, thank you very much.

That brings us to the subject of our poll. The question: Should oil companies be charged a Robin Hood tax that would fund rebates for consumers, yes or no? Cast your vote, please, at LouDobbs.com. We'll have the results coming up.

Next here, Governor Arnold Schwarzenegger's Election Day fight. Key ballot initiatives tomorrow could decide his political future.

And the United Nations' critics call it hopelessly corrupt and out of control. Our special report on the United Nations in crisis and a great deal more still ahead.

Stay with us.

(COMMERCIAL BREAK)

DOBBS: Tonight, the fight to give voting power back to the American people. Voters in California and Ohio will cast ballots tomorrow on election reform initiatives that would change the way their states redistrict. Supporters of those initiatives say redistricting laws now on the books make a mockery of the entire democratic process.

Bill Schneider has the report.

(BEGIN VIDEOTAPE)

WILLIAM SCHNEIDER, CNN SR. POLITICAL ANALYST (voice over): Why isn't Congress more responsive to the people? Maybe because it doesn't have to be.

It's almost impossible to defeat incumbent members of the House of Representatives. Ninety-eight percent of those who ran for re- election last year were re-elected. For the vast majority of voters around the country, elections for Congress are not competitive.

Why? Because the politicians have handpicked their voters by deciding who lives in which district. So nothing ever changes, especially in California.

GOV. ARNOLD SCHWARZENEGGER (R), CALIFORNIA: Out of 150 seats legislative and congressional seats, none of them changed party. Think of that for a second. None of them changed party, because the system is rigged.

SCHNEIDER: Governor Schwarzenegger aims to change all that with an initiative he put on the ballot this year in California. It would take the power to draw district boundaries away from politicians and turn it over to a panel of retired judges, subject to the approval of the voters. Look at the congressional district map of California. It looks like a Jackson Pollock drip painting.

UNIDENTIFIED MALE: For example, the coastal district, which stretches 200 miles along the coast of California, it is five miles wide and in some places 100 yards wide. When you take that district, you're cutting across five different media markets.

SCHNEIDER: California congressman Devin Nunes is a rare incumbent who supports redistricting reform. He's even running ads for it.

ANNOUNCER: Welcome to the California legislative auction where politicians purchase safe districts, buy one and tell the voters to get lost.

SCHNEIDER: The irony is, California polls show redistricting reform may not pass. Don't the voters want to take power away from the politicians?

THOMAS MANN, BROOKINGS INSTITUTION: And I just think there's a suspicion about what's going on here and who may actually win from it, if enacted.

(END VIDEOTAPE)

SCHNEIDER: California voters seem to be worried that this reform measure may actually be a power grab by a politician who's not very popular right now: that would be Republican Governor Arnold Schwarzenegger who's been at war with the Democratic controlled legislature -- Lou.

DOBBS: Bill, as you say, Schwarzenegger not on the ballot tomorrow, four initiatives that he supports and has pressed are on the ballot. He has a lot at stake, obviously.

SCHNEIDER: Yes, he does. And the polls show he may not win any of the initiatives partly because he personally is so unpopular right now. In that case, his re-election next year is very much in question. And it could draw some potent challengers into the race.

DOBBS: The way you make it sound, Bill, maybe not a potent challenger would be enough beat him.

SCHNEIDER: The polls show that, too.

DOBBS: Thank you very much, Bill Schneider from Los Angeles.

Also on the California ballot an initiative opponents are calling an attack on teachers, it's called proposition 74. IT's backed by Governor Schwarzenegger. And it increases the amount time that requires teachers to win tenure from two years to five years. And it would make it easier to fire underperforming teachers.

Joining me tonight to debate this controversial proposal is Barbara Kerr. She's the president of the California Teacher's Association. And Margaret Fortune, she's Governor Schwarzenegger's education adviser.

Thank you very much for being here, both of you. Let me start with the idea, Margaret that you need more time to decide whether a teacher is capable or not, why is that?

MARGARET FORTUNE, SCHWARZENEGGER EDUCATION ADVISER: It's clear we need more time to make the right fit for classrooms. Right now, after 18 months a school board has to make the high-stakes decision whether to keep a new teacher on board for permanent status which virtually amounts to a job for life or to dismiss them. We know, the research tells us that in fact the study from the National Bureau of Economic Research says that teachers actually peak in their fourth year in the classroom. And so this is an initiative that is more online to the research. And also says once we give permanent status it ought not take an act of Congress in order to dismiss a teacher that is ineffective.

DOBBS: Barbara, that makes a lot of sense, what do you say?

BARBARA KERR, PRES. CALIFORNIA TEACHERS ASSOCIATION: Well, it's a sham. It's not going to do one thing for one child in our schools. And we need real reform.

Teachers do not have jobs for life. They have due process. They get a hearing before they are fired.

What we know works, and Margaret you know the studies. Princeton studies showed that smaller class sizes were the best things to help our minority students. In fact, African-Americans increased their -- the achievement gap by 40 percent when we've lowered class sizes. This is just a sham.

FORTUNE: The shame, is Lou, that California is 25th in education funding. And yet we're 49th when it comes to student achievement. And we've got the worst achievement gaps in the country. What Barbara knows is that we've passed two...

KERR: And that does better with class size, Margaret.

FORTUNE: From one school to the next and tends to be the poor, minority students to get the teachers. It takes two to three years in California to dismiss...

KERR: There is no study that shows that what you're suggesting will work. There's nothing.

DOBBS: Excuse me, excuse me.

FORTUNE: Three years for bad teacher for a student means that they not only fall behind academically, but they rarely ever catch up.

DOBBS: Barbara, go ahead.

KERR: Thank you very much. Margaret, there are no studies that show what the governor is suggesting is anything else but a bad idea. Teacher quality is important to our classrooms. Teacher quality means that you put resources into training, and making sure teachers get the things they need: safe and clean classrooms, textbooks and more training.

FORTUNE: California pays for every beginning teacher to have a coach in the classroom to the tune of $83.9 million. We think it is so important.

KERR: California has decreased the funding, Margaret. And you know that. They have decreased the funding.

DOBBS: Excuse me, ladies, if I may. Excuse me. Excuse me.

Let me ask you this, Barbara, because a couple of shocking numbers out of California -- and frankly, Margaret just referred to a couple of them. But the fact is that half of your Hispanic students in high school, just almost half are dropping out. And half of African-American students. In terms of what is happening in California, it's not a good story in terms of education. Why -- we all work, nearly all of us work on a performance basis. We work, we perform. We keep our jobs. Why should it be any different for teachers?

KERR: I've been a kindergarten and first grade teacher for over 27 years. And I know what it takes. And we are -- we are judged. We are all those things. But this has nothing to do with -- research shows this has nothing to do with making teachers better.

And as I said, smaller class sizes. We have next to the largest class sizes in the nation. That's what we need. We need text books. We had a high school, where the kids walked out because there were no text books.

FORTUNE: The Contra-Costa Times, the Oakland Tribune -- the largest newspaper in the west, that is no friend of Arnold Schwarzenegger says that this is a step in the right direction. And that's the "LA Times." There is a clear...

(CROSSTALK)

DOBBS: Margaret, let me ask you this question, and that is, with these terrible -- these terrible drop-out rates which are, by the way, nationwide, the issue is -- it is not simply a California issue. Certainly I don't want to suggest that. But with what is happening in California. What are you, what is the governor propose to do to start improving the quality of education?

I understand the connection, if I may, between not wanted to give tenure too soon and wanting to have performance, you know, as far as I'm concerned, let's give more pay for great results with our children. I think there's no more important job, frankly, than medical care and education in this country. But what's the governor going to do about these problems?

FORTUNE: There are two things I want to point to. One is that it was Governor Schwarzenegger who settled the Williams Lawsuit that was brought by the ACLU on behalf of kids in poor schools that didn't have qualified teachers, didn't have text books, didn't have safe and clean facilities. We as a state spent tens of millions of dollars defending that. Governor Schwarzenegger came and announced it at my school where I was a high school principal, that that was wrong. And he settled that case.

And as a state, we invest $50 billion. Half of our general fund...

(CROSSTALK)

DOBBS: I want to give -- Margaret if I may, I want to give Barbara Kerr the last word. Very quickly, please.

KERR: It was Governor Schwarzenegger that broke his promise to our students and is not paying us back the money he borrowed. And what we need are real reforms...

(CROSSTALK)

DOBBS: Excuse me. Margaret, please. Let Barbara have the last word here, please.

KERR: We need text books. We need class size reduction. This is a shame. It will not -- and research shows, it will not help our schools. We need real help for our schools and our students. And I think you for the time.

DOBBS: Thank you.

FORTUNE: Thank you, Lou.

DOBBS: And thank you for an issue that while we're focused on California, and Californians will be focused on this issue along with a host of others on election day tomorrow. This nation faces an education crisis. And it doesn't matter from what perspective you come, the fact is, we're losing almost a generation of people, young people. Thank you both, Margaret and Barbara.

Debate begins in Chicago next week over a controversial proposal to help African-American school children. The Chicago school district is drawing up plans for an all-boys high school, primarily for teens. These children have the lowest graduation rates of any student group in Chicago. The Chicago Teacher's Union say it is against using public tax dollars to create special schools for select students.

And it sounds perilously close to many of us to separate but equal being revisited once again.

A closely watched report is expected to be released this month on another controversial issue facing public schools in this country: the pay for performance trend for teachers.

As we reported to you last week, Denver became the largest school district in the country to approve a pay scale for its teachers based on student performance. The education commission of the state releases and updated look at this growing trend. And we'll be bringing you that report and its details as soon as its released.

Tonight, a victory for the little guy in a bitter New Jersey land dispute. Jersey City has decided to drop its fight to evict a tavern owner under eminent domain.

City officials ordered the Golden Cicada to close so a private religious school could extend its practice football field.

But, the Golden Cicada fought back saying eminent domain did not apply in this case because public land was being seized for private use, and not for the public good. The mayor deciding this was enough.

And also in New Jersey tonight, officials are worried about votes from the great beyond in tomorrow's gubernatorial election. The names of thousands of deceased residents have not been taken off state voting lists because of bureaucratic oversight.

Some suggest that there is also more than just a sniff of corruption here, and with that, a major threat of voter fraud. After all, more than 4,700 dead residents somehow managed to vote in last November's elections in the state of New Jersey.

Now that would raise suspicions in some states but, apparently, not in New Jersey. A state judge is ordering officials to compile a credible list of all New Jersey adults, who have died since 1985, to make sure that no one is using those names to vote illegally this time around. That takes care of the last 20 years.

Turning now to a scandal that is threatening the future of the entire United Nations, the U.N.'s multi-billion dollar Oil for Food Program.

Today, India's foreign minister resigned of the charges that he received kickbacks from oil deals with Saddam Hussein. Several top United Nations officials have also been implicated in this scandal, and tonight there are charges.

The United Nations has created a culture of corruption from the very bottom to the very top.

Kitty Pilgrim reports.

(BEGIN VIDEOTAPE)

KITTY PILGRIM, CNN CORRESPONDENT (voice-over): Scandal after scandal at the U.N. From sex abuse by peacekeepers in Africa to outright theft and fraud in the Oil-for-Food program.

The U.N. has never in its history sustained such damage to its credibility.

Undersecretary General Christopher Burnham, newly brought into clean up the mess, pointed out the U.N.'s culture of cover-up. CHRISTOPHER BURNHAM, U.N. UNDERSEC. GEN. FOR MGMNT: We have an organizational culture whereby staff members do not come forward to report wrongdoing owing to fears that their careers will be on the line or some other retaliation.

PILGRIM: The 1,000 page Volcker Report on the Oil for Food scandal implicated 2,000 companies. And it sparked investigations of government officials in France, the United Kingdom and India.

The Volcker Report also tainted Secretary General Kofi Annan as head of the organization, as well as his son Kojo.

JOHN BOLTON, U.S. AMBASSADOR TO THE U.N.: This report ambiguously rejects the notion that business as usual at the United Nations is acceptable.

CONDOLEEZZA RICA, SECRETARY OF STATE: It is no secret to anyone that the United Nations cannot survive as a vital force in international politics if it does not reform.

PILGRIM: The United States is the largest financial contributor to the U.N. since it was created, one quarter of the budget. For that reason the financial scandal outraged Congress.

SEN. NORM COLEMAN (R), PERM. SUBCMTE. ON INVEST.: They had a summit, which it was supposed to address reform. It came up real short.

Condi Rice has said there needs to be a revolution in reform, and instead what you got out of that summit was slow walking, maybe in the right direction, but very little action.

PILGRIM: New measures are under way to protect U.N. staff members, who report wrongdoing and fraud.

Kitty Pilgrim, CNN.

(END VIDEOTAPE)

DOBBS: Coming up next here, a crisis of conscience. Why many high risk heart patients say doctors are refusing to treat them. We'll have that special report.

And then an alleged Chinese spy ring busted in Los Angeles. How that 15 year operation could have compromised our national security.

I'll be talking with a leading authority on China's military and intelligence ambitions here next.

Stay with us.

(COMMERCIAL BREAK)

DOBBS: Tonight, shocking charges that some Americans with high risk heart disease are being turned away from the care they desperately need. And the reason? Heart doctors worrying that the public reports of surgery results could damage their reputations. They, apparently, in some cases, are refusing high risk patients.

Christine Romans has the report.

(BEGIN VIDEOTAPE)

CHRISTINE ROMANS, CNN CORRESPONDENT (voice-over): This is life saving heart bypass surgery. This heart surgeon, Dr. Joshua Burack, says he's performed open heart surgery on many patients turned away by other doctors. Doctors afraid the patient might die and hurt their success rate.

DR. JOSHUA BURACK, SUNY-DOWNSTATE: Because both hospitals and surgeons are concerned with their public results, there is a tendency to avoid those patients, those high risk patients, who are quite sick.

ROMANS: Burack studied the effects of New York's public reporting of surgeon's mortality rates, and found 60 percent of heart surgeons have turned away at least one patient, afraid a death would hurt his or her public score.

Another study found 80 percent of New York cardiologists have, at times, turned away patients. Turned away and in desperate need of care some of the sickest patients bounce from hospital to hospital and must leave the state to be treated.

DR. BRUCE LYTLE, CLEVELAND CLINIC: When the New York state system began, we began to receive at the Cleveland Clinic, a large number of patients from the state of New York that were relatively high risk patients.

ROMANS: New York's State's Department of Health declined an on camera interview, but defended public reporting.

Quote,"We have every expectation that New York's cardiac surgeons and cardiologists are providing the highest quality of care to all patients."

The department of health says the public has the right to know the mortality rates of heart surgeons, and it would continue to require the data. And it says, "New York's cardiac surgeons are caring for a higher percentage of patients with chronic heart disease than most in the nation."

New York pioneered public reporting 15 years ago and now other states are adopting systems, like New York's, in hopes of empowering patience. But, just what do those statistics mean if some doctors game the system?

DR. ZOLTAN TURI, ROBERT WOOD JOHNSON MEDICAL SCHOOL: You can envision scenarios where a terrific physician, great skills and judgment, willing to take sick patients is going to look worse on paper than someone, who takes only the healthiest patients.

ROMANS: He suggests patients never choose a surgeon solely on their past results.

(END VIDEOTAPE)

ROMANS: So, while you have more information about which doctor to choose. You can't always be sure that information is correct, and worse, the doctor you choose might not choose you if you're too sick.

Finally, starting to get some patient data, some accountability, in the medical profession, but folks are saying now, at this point, it is still an imperfect system.

DOBBS: Christine, thank you very much. Christine Romans.

A reminder now to vote on our poll. The question, should oil companies be charged a Robin Hood tax that would fund rebates for consumers?

Yes or no. Cast your vote please at loudobbs.com. We'll have the results coming up in just a few minutes.

Coming up at the top of the hour here on CNN THE SITUATION ROOM, and Wolf Blitzer.

Wolf joins us now with a preview.

WOLF BLITZER, CNN ANCHOR: Thanks very much, Lou.

Lots going on. Paris is burning. Riots and violence spreading to almost 300 cities across France. Now, other countries are being hit with the same problem. Reserve troops are being called in.

Our Christiane Amanpour is on the scene for us. She'll join us with the latest.

Australian terror raids, authorities, now say they have stopped a major attack. We have the story.

Plus, President Bush and torture. He says the U.S. doesn't do it, but he's fighting a law that would ban it. We'll find out why.

Also tonight, Operation Steel Curtain. U.S. troops going on the military offensive. We have some exclusive video.

All that, lots more, coming up right at the top of the hour.

In the meantime, Lou, back to you.

DOBBS: Looking forward to it, Wolf. Thank you.

Tonight, an unusual campaign promise from the mayor of Montrose, Pennsylvania. Thomas LaMont says that if he wins re-election tomorrow, he will resign. There is a good chance that is exactly what will happen. He is the only candidate on the ballot, in fact. LaMont says he never planned to run for re-election, but his name ended up on the ballot anyway. You've got to give him credit. A man ready to keep a campaign promise.

Coming up next year, Red Storm rising. Just exactly what are Communist China's global ambitions? The arrests of four alleged Chinese spies could provide some of the clues. I'll be talking with a leading authority on China and its global ambitions here next.

Stay with us.

(COMMERCIAL BREAK)

DOBBS: The arrest of four people in Los Angeles on charges of spying for Communist China is raising concerns about Beijing's escalating military challenge to the United States.

China appears determined to replace this country as the preeminent superpower. Joining me now, one of this country's leading authorities on China's rising military ambitions.

Richard Fisher of the International Assessment and Strategy Center. Rick, this spy case, what are the implications in your judgment?

RICHARD FISHER, INTERNATIONAL ASSESSMENT AND STRATEGY CENTER: Tremendous, simply tremendous. This will affect the security of all Americans. The Chinese spy case, combined with the former Northrop engineer that betrayed information about stealth aircraft, combined to cost the American taxpayer millions of -- billions and billions of dollars in terms of making up for new vulnerabilities and then investing in new systems in order to regain our superiority.

DOBBS: The idea that reports of 3,000 front companies and spy operations in this country, for the Communist Chinese. It seems to be accepted. These espionage operations, not at all uncommon, at least smaller, less public operations, as this alleged spy ring. What in the world? Why are we tolerating this?

FISHER: Excellent question. This challenge by Communist China ought to be at the top of the agenda of the Congress, our intelligence communities, instead of the politics of destruction that's now occupying them. But China has clearly targeted the United States, and very sadly, has targeted the Chinese-American community for recruits, as this latest spy scandal demonstrates.

DOBBS: And with the spying that is obviously taking place, whether this turns out to be an alleged spy ring at this point. At this juncture with these operations going on, the budget buildup that Donald Rumsfeld, the Secretary of Defense, raised at least gently while he was in Beijing.

The fact that we have no sense of precisely of what is going on between China and Russia in terms of technology transfer and the acquisition of weapons system. What is your best consideration?

FISHER: Well, China wants us to believe that it is pursuing the concept of a peaceful rise, that its power is rising, but peacefully. But all of these facts that you just mentioned, Lou, belie China's statements and prove that we must exercise far more vigilance than we've been exercising in the last several years.

DOBBS: Rick Fisher, we thank you very much for being with us.

FISHER: Thank you.

DOBBS: Still ahead here, we'll have the results of tonight's poll and a preview of what's coming up tomorrow.

Please stay with us.

(COMMERCIAL BREAK)

DOBBS: Now, the results of our poll, 28 percent of you believe oil companies should be charged, 88 percent, I should say, of you say oil companies should be charged a Robin Hood tax that would fund rebates for consumers.

Twelve percent of you don't think so. Thanks for voting.

Thanks for being with us tonight. Please join us here tomorrow, Election Day. We'll have the very latest for you on several critical races and ballot measures all across the country.

Our guests include political consultant Ed Rollins. I'll be talking as well, with the author of the new book, "Do As I Say (Not as I Do): Profiles in Liberal Hypocrisy." Peter Schweizer is our guest.

Please with be us. We hope you have a good evening. From all of us, good night from New York. THE SITUATION ROOM starts right now with Wolf Blitzer -- Wolf.

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