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Bush Open to Adjusting Iraq War Tactics; Condoleezza Rice in Moscow

Aired October 21, 2006 - 12:00   ET

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

FREDRICKA WHITFIELD, CNN NEWS ANCHOR: Now in the news, President Bush is holding a high-level meeting with his military commanders on the Iraq war. It's the latest bid to try and stop the ongoing violence. The backdrop, on of the deadliest months in nearly four years of fighting.
U.S. Secretary of State Condoleezza Rice is saying not so fast on reports of a contrite North Korea. In Moscow, Rice says Chinese officials said nothing to her about the North apologizing to them for its recent nuclear test or pledging not to conduct future tests. Rice held talks in Beijing yesterday.

A U.S. Marine accused in the killing of an Iraqi civilian reportedly plead guilty to assault and obstruction of justice next week. His father of PFC John Jodka tells the Associated Press that charges including murder and kidnapping will be dropped as part of a plea deal.

Freight cars burning and hanging off a bridge in Pennsylvania. The train derailed late yesterday about 30 miles north of Pittsburgh. There were no injuries and officials don't think the train was carrying hazardous materials.

More than five years after the 9/11 attack, human remains have been discovered at the World Trade Center site in New York. Victims' families are expressing outrage and demanding construction stop until all remains are recovered. Officials vow to search the area again.

His brother won't say where he is, neither will anyone else on the island of Malta. Next, tracking down the priest who admits he fondled Mark Foley when Foley was a teenager.

Hillary Clinton, what she says about running for president in 2008, in a fiery debate.

And two big legal decisions, why two high profile defendants got off the hook.

The news unfolds live on this Saturday, the 21st day of October. I'm Fredricka Whitfield.

You're in the Newsroom.

Deadly fighting and bombings hit several key areas in Iraq, today. In Baghdad, a bomb exploded in a bus killing four passengers and wounding 15. Police also found 30 bullet riddled bodies, some with signs of torture in various Baghdad neighborhoods, yesterday.

Also more fighting between police and militia loyal to radical Shiite cleric, Moqtada al Sadr. At least eight militia and one civilian were killed in a clash about 40 miles south of Baghdad.

The latest fighting involving al Sadr's militia follows action in Amara, yesterday, when it briefly seized control of the city. At least 25 militia and police were killed in heavy fighting before the Iraqi army moved in to retake the city. Amara is said to be relatively calm today. Facing one of the deadliest months in the Iraq war, President Bush met with his top military commanders, a short while ago, to discuss ways to try to combat the rising violence.

CNN's Elaine Quijano is at the White House with the very latest -- Elaine.

ELAINE QUIJANO, CNN NEWS WHITE HOUSE CORRESPONDENT: Good afternoon to you, Fredricka.

Well, the White House is trying to downplay the significance of this mornings a strategy session saying that they happen on a regular basis. What is unusual about this one, though, two sources have told CNN that essentially General John Abizaid, who heads up Central Command, was summoned here to Washington specifically for this meeting.

Now the meeting lasted about 90 minutes, according to a White House spokeswoman.

It took place in the Roosevelt room, there at the White House earlier today.

And we got a little bit of a readout just a short time ago, the White House saying that the participants, the president, his top aides, members of his defense team, his national security team, focused on the nature of the enemy, the challenges in Iraq, how to better pursue U.S. strategy and the stakes of succeeding for the region and the security of the American people.

Now this of course comes at a time when the violence in Iraq is showing no signs of letting up. At the same time, the Bush administration is certainly feeling the political pressure. This morning in his weekly radio address, the president insisted while his overall goal in Iraq has not changed, his administration is open to adjusting its tactics. (BEGIN AUDIO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: We have a strategy that allows us to be flexible and adapt to changing circumstances. We've changed the way we trained the Iraqi security forces. We have changed the way we deliver reconstruction assistance in areas that have been cleared of terrorist influence and we will continue to be flexible and make every necessary change to prevail in this struggle.

(END AUDIO CLIP)

QUIJANO: Now, the pressure on the administration to change course is coming from Democrats, but also some prominent Republicans lending their voices to this debate as well, expressing concern about the need perhaps to change course in Iraq. But today, it was the Democrats firing back in their weekly radio address.

Congressional candidate, Diane Farrell, who's running in Connecticut against Christopher Shays, blasted the Bush administration, she called for Defense Secretary Donald Rumsfeld to be fired and said that Republicans in Congress should be held accountable.

(BEGIN AUDIO CLIP)

DIANE FARRELL (D), CONGRESSIONAL CANDIDATE, CT: In two week, voters have a chance to send a message about the need for change and stakes couldn't be higher. If we re-elect, stay the course Republicans, the message we will be sending is one of support for our current policies in Iraq. If we replace them with Democrats who use realism to get results, the message we will be sending will be loud and a clear. It is time for a new direction in Iraq.

(END AUDIO CLIP)

QUIJANO: Now, Iraq of course continues to be the singular issue that is weighing down President Bush's approval rating. It is the issue that continues to make Republicans who are up for re-election very nervous, so what you're seeing is push back from President bush as he tries to emphasize that his overall goals for Iraq have not changed to see it become a government that can sustain itself, govern itself, defend itself, and become an ally in the war on terrorism, at the same time, the president taking pains to emphasize that his administration is being flexible in its approach -- Fredricka.

WHITFIELD: Elaine Quijano at the White House, thanks so much.

For details of today's White House meeting and all the latest coverage on Iraq, go to cnn.com.

U.S. Secretary of State Condoleezza Rice is in Moscow dealing with President Bush's other huge concern -- North Korea's recent nuclear test. Rice is taking strong aim at reports that the North made a promise not to conduct more tests.

CNN's Zain Verjee joins us from Moscow.

(BEGIN VIDEOTAPE)

ZAIN VERJEE, CNN NEWS CORRESPONDENT: U.S. Secretary of State Condoleezza Rice is in Moscow, it's the last stop on her trip essentially aimed at getting action to be taken on U.N. Security Council Resolution 1718, but essentially slapped North Korea with sanctions. Now, on the plane over here, Secretary Rice briefed us. We pressed her for more on her meeting with the state counselor from China, the special envoy, Tang, that was sent to Pyongyang to meet Kim Jong-Il about some of the things that are becoming a little bit controversial. We asked her first, did Kim say he regretted the test? And did he say that he would not test again?

Secretary Rice essentially poured cold water on that and really tried to downplay it saying, this: "Tang did not tell me Kim Jong-Il either apologized for the test or said that he now ever test again."

Secretary Rice says she also wants to discuss what practical steps Russia's going to take to enforce the resolution. She said that she's not here to dictate or tell Russia what to do, she said instead, she wants to listen to Russia and hear what ideas they have. She talked also about the concern of increased tension between Russia and Georgia saying the rhetoric needs to be lowered and cooler heads need to prevail.

She talked, too, about the importance of discussing Iran's nuclear program, she said that she hopes we will have a U.N. resolution on Iran, but it's not going to be as tough, she says, as the sanctions that have been enforced on North Korea.

Russia, of course, is critical there, it has a veto on the U.N. Security Council and it has an enormous amount of leverage with Iran. The secretary of state has met with the president here, Vladimir Putin, as well as the Russian foreign minister, Sergey Lavrov.

Zain Verjee, CNN, Moscow.

(END VIDEOTAPE)

WHITFIELD: Going global now in other ways. Iran's foreign minister invites Western representatives to discuss Tehran's continued uranium enrichment. This comes as the Security Council prepares to meet early next week on Iran's nuclear program. Diplomats have said they will seek sanctions. Iran insists it has a right to nuclear pursuits for peaceful purposes.

In Gaza, more talks are underway today between Hamas and Fateh officials. They're trying to form a unity government with a platform that might see international sanctions lifted. The sticking point is Hamas's refusal to recognize Israel. Palestinian President Mahmoud Abbas has hinted he might fire the government as a step toward getting the sanction lifted.

Sri Lankan officials say government forces killed six Tamil Tiger rebels and thwarted an attack on the island of Delft (ph), that's near the government held Jaffna peninsula. Officials also say the Navy destroyed Tamil Tiger rebel boats.

Should Iraq be divided to keep its fighting factions apart?

Later, a look at the arguments in that debate. And speaking of debates, Hillary Clinton's career plans were at the top of the agenda in her Senate debate last night. Find out what she had to say.

(BEGIN VIDEO CLIP)

ALESSIO VINCI, CNN NEWS CORRESPONDENT: Father Anthony, don't you want to talk to us?

(END VIDEO CLIP)

WHITFIELD: Maybe not. Our own Alessio Vinci tracks down the priest at the center of the Mark Foley controversy. Find out what those who know him are saying.

(COMMERCIAL BREAK)

WHITFIELD: Let's check out the most popular stories on cnn.com, beginning with singer George Michael praising pot. What? The British pop star apparently even smoked a joint during a television interview. That has some anti-drug campaigners pretty fired up.

Well, many people are also viewing this fiery train wreck in Pennsylvania. The train burst into flames on a bridge leaving cars ablaze and dangling 100 feet over a river. Dozens of people had to be evacuated. And a bomb t-shirt is also generating some big hits. People are checking out what looks like a suicide bombers shirt. No kidding. It's causing explosions of laughter, however, and not surprisingly some outrage on the streets of New York. All these stories and more at your fingertips at cnn.com.

Another story generating lots of interest, the priest who admits fondling former Representative Mark Foley years ago. The scandal began when Foley resigned over inappropriate e-mails to a teenager and has now spun halfway around the world to Malta.

Our Alessio Vinci is there tracking down the priest who the former U.S. Congressman blames.

(BEGIN VIDEOTAPE)

VINCI: And some people are leaving notes.

(voice-over): One day after admitting to an inappropriate relationship with Mark Foley 40 years ago, Father Anthony Mercieca is now unavailable.

(on camera): Father Anthony, don't because want to talk to us? (voice-over): Seeking clarifies about his claim that fondling Foley when he was a teen was not abuse, we tried to catch up with him, but his lawyer refused to talk to us, so did does his brother, who is also a Catholic priest, sharing a house with him on the tiny Maltese island of Gozo.

UNIDENTIFIED MALE: Call the police. I have to... VINCI: Many locals here seem to have little knowledge about the sexual allegations involving one of their own priests, including this shop owner, who did not want to be identified by name. But says one of her own children enjoys talking to Father Mercieca.

UNIDENTIFIED FEMALE: Really? Is it true? I don't believe it. VINCI: She says Mercieca still celebrates mass several times a week at a local parish down the road from her business.

(on camera): As a mother, I mean, how do you feel about this? UNIDENTIFIED FEMALE: (INAUDIBLE) be careful and I tell him things to be more careful with whom he meets. Be more aware now when I let him go. VINCI: What really strikes you here in Gozo is how little outrage there is to father Anthony Mercieca, the shopkeeper we just spoke with, for example, told us that she's concerned and worried, however, she also told us that she will not prevent her kids from seeing the priest again.

UNIDENTIFIED MALE: All the priest work with children...

VINCI (voice-over): Residents who know Father Mercieca describe him as a quiet priest involving community projects.

ANTON FALLUGIA, HEAD OF CATHEDRAL LIBRARY: You take any book, for example, this one, you will find that it is donated -- this book has been donated by Father Tony.

VINCI: The head of the cathedral library says he met Mercieca almost 30 years ago and has kept a close relationship with him ever since. FALLUGIA: Most people would say that if there was something in the past, that is past -- in the past. But at the moment, he's a very good minister of religion.

VINCI: Gozo diocese priests say the bishop has constructed a panel of laymen to investigate the allies surrounding Father Mercieca.

REV. ANTHONY REFALO, GOZO ISLAND PRIEST: It's the procedure. If anyone comes before the bishop with an allegation of sexual abuse, the bishop hears him, informs him, if we have information, we give it to the (INAUDIBLE).

VINCI: Mercieca moved back to Gozo only a few years ago after retiring from a ministry in the U.S., expecting to spend the rest of his life in the peace and quiet of this remote island, unaware that his past would eventually catch up with him.

Alessio Vinci, CNN, Gozo, Malta.

(END VIDEOTAPE)

WHITFIELD: And this just in, information out of Iraq. An official with the Iraqi interior ministry tells CNN at least three people were kill and 40 other people wounded when 10 mortar rounds land on the an outdoor market in Mahmoudiya, that's about 20 miles south of Baghdad. It happened earlier today. But Baghdad time it's about 5:30 p.m.

And this happened in the very crowd market stair. This taking place at the end of Ramadan which is typically a very busy time in the markets where people are-- for the first time in about a month being able to go and buy chocolate and candies and new clothes to celebrate the month that they celebrate Ramadan.

So, again this violence taking place in a crowded marketplace in Mahmoudiya just south of Baghdad. When we get more information on that story, we'll be able to bring that to you.

Meantime, is tonight's first game of the World Series, here in this country, in jeopardy?

Straight ahead, why things may not go as planned.

And as Americans get ready to head to the polls next month, what's the role of the fight against terrorists may play? And we'll show you what happens when one candidate ambushed another on the campaign trail, and of all places Tennessee.

(COMMERCIAL BREAK)

UNIDENTIFIED FEMALE: Fitness vacations, it's an old concept that turned into the latest traveling craze, according to "Travel World" magazine.

STEPHANIE OSWALD, EDITOR-IN-CHIEF "TRAVEL": We've seen the trend evolve into three different areas, diet, experience, and wellness. When it comes to diet, there are spas that will change your life in a weekend. These can be fun but they're really more about serious life changing fitness regimes.

The second group is about people who are already fit, but they want to infuse that fitness into their vacation. So this group it's about doing things like hiking to the top of mount Kilimanjaro in Africa, it's about pushing their physical limits. The third type of fitness vacation is about wellness and this more about body and soul fitness.

UNIDENTIFIED FEMALE: And for sea loves, the focus on fitness is isn't just on land.

OSWALD: There are a lot of great cruises out there that are designed for fitness. Fitness vacations are for everyone -- really a good balance of having a good time and having fun, but yet, being able to take advantage of any physical activities.

(END VIDEOTAPE)

WHITFIELD: Time to talk weather and sports because at least tonight the two go hand in hand, Reynolds Wolf in the Weather Center. Baseball fans want to know, are they going to watch a little ball tonight? REYNOLDS WOLF, CNN METEOROLOGIST: You know, I think the game's going to be OK, but I think people that go there are going to dealing with some raindrops. There's no question about it. I mean, you know, I don't know if you saw the game against the Mets and Cardinals. Some people here would like to forget that game. We have some Mets fans with us.

But the rain that they had for that game, game seven, you can see something very similar to that in Detroit.

(WEATHER REPORT)

WHITFIELD: All right, hence the Sunshine State.

WOLF: Got to love it, there's a reason why they call it that. WHITFIELD: All right, thanks a lot.

WOLF: You bet.

WHITFIELD: All right, look at the calendar. About 2-1/2 weeks to the November elections, hard to believe. CNN White House correspondent Suzanne Malveaux looks at the Republican strategy of talking terror. (BEGIN VIDEOTAPE)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: We're fighting an enemy that, uh, knows no rules.

UNIDENTIFIED MALE: This is a hard fight.

UNIDENTIFIED MALE: Terrorists.

UNIDENTIFIED MALE: Terror.

BUSH: Terror.

UNIDENTIFIED FEMALE: Terrorism

UNIDENTIFIED MALE: Terrorists.

UNIDENTIFIED FEMALE: terrorism.

BUSH: The war on terror.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT (voice-over): The Bush administration's message is clear. Be afraid -- very afraid. The threat of terrorism is real and only the Republicans are suited to protect the American people.

VIN WEBER, REPUBLICAN STRATEGIST: There is an element of fear that properly ought to be instilled in people and that has been in every previous war.

BUSH: There's an enemy that still lurks, an enemy that still plans, an enemy that still plot, an enemy that still wants to hurt the United States of America. MALVEAUX: Democrats say it's fear mongering.

HOWARD DEAN, DNC CHAIRMAN: What the Republicans bring you is fear and smear.

MALVEAUX: Cut through both side spin, the strategy of focusing on this dooms day scenario is one that works. In 2002, Republican lawmakers successfully captured eight seats by making the fight against terror their party's platform.

ANDREW KOHUT, PEW RESEARCH CENTER: It was before the war in Iraq and before the war in Iraq went badly.

BUSH: I see a great day coming for our country and I am eager for the work ahead.

MALVEAUX: Two years later, President Bush successfully won re- election despite the growing violence in Iraq, by painting his opponent, Senator John Kerry as weak on terror.

WEBER: The theme is Republicans are strong when it comes to security issues and the Democrats are not.

ANNOUNCER: It's vicious and dangerous.

MALVEAUX: The late President Reagan hammered that theme in his drive for reelection with his famous bear ad representing the Cold War threat. ANNOUNCER: John Kerry and the Liberals in Congress voted to slash America's intelligence operations.

MALVEAUX: President Bush used a pack of wolves as the terrorist menus in his re-election bid.

WEBER: If the people don't feel some sense of threat they're not going to vote on national security issues.

MALVEAUX: That's why analysts say the president and Republicans are constantly talking terror, now leading up to the congressional midterm elections, but pollsters warn it may not work this time.

KOHUT: There's one word that explains it and that is Iraq.

(END VIDEOTAPE)

WHITFIELD: And that was Suzanne Malveaux reporting.

CNN is your campaign headquarters, with the best political team on television. Be sure to tune in for an encore presentation for CNN election special, "Broken Borders", with Jack Cafferty, that's tomorrow night at 8:00 Eastern or check it out in about 90 minutes from now right here on CNN.

Politics getting down and dirty in Tennessee with an in-your-face challenge from a Democratic congressman fighting for a Senate seat. Reporter Ursula Madden of CNN affiliate WMC has the story. URSULA MADDEN, UMC REPORTER (voice-over): He wasn't invited but he came anyway.

UNIDENTIFIED MALE: You need to get this bus off our premises, please. HAROLD FORD, JR. (D), TENN. SENATE CANDIDATE: OK.

UNIDENTIFIED MALE: Now!

UNIDENTIFIED MALE: Harold Ford, Jr. crashed opponent Bob Corker's news conference in Memphis. The two shook hands, but there was nothing civil about this meet and greet.

BOB CORKER (R), TENN. SENATE CANDIDATE: How can you talk about ethics and I have a press conference and I think that it's a true sign of desperation that you would pull your bus up when I'm having a press conference.

FORD: No, sir, I can never find you anywhere in the state. MADDEN: What's desperate, says Ford, is Corker's latest ad knocking what is desperate is his ad knocking his family.

UNIDENTIFIED FEMALE: Have you ever had a job outside of politics?

UNIDENTIFIED MALE: The Ford family business is politics.

UNIDENTIFIED FEMALE: Well, he does look good on TV.

MADDEN: Ford wanted to debate Corker on the spot, but Corker didn't take the bait.

FORD: Incumbent, what do you think about this Iraq thing? I know you're here to talk about my family. I thought you made a promise right after the primary...

CORKER: No, no, I'm here to talk about you.

MADDEN: Ford insists showing up at Corker's news conference was not a breach of campaign etiquette nor was it a desperate move.

FORD: I mean, every poll in the country shows running ahead. Every poll in the state demonstrates it.

MADDEN: But Ford knows the lead is those polls is slim, so he rallied in downtown Memphis to push people to vote early.

(END VIDEOTAPE)

WHITFIELD: And that report from Ursula Madden of CNN affiliate WMC in Memphis.

Well, she was the first lady and now a senator. Some in New York ask, what does Hillary Clinton want to be in two years from now? Find out what she has to say.

And is the only way to save Iraq to break it up?

That and more, straight ahead in the Newsroom.

(COMMERCIAL BREAK)

WHITFIELD: Half past the hour. Here is what is happening right now in the news. President Bush met for 90 minutes this morning with his top military commanders. They may be changing strategy in Iraq as the violence escalates.

U.S. Secretary of State Condoleezza Rice is holding talks with Russian leaders. Moscow is the final stop on her five day tour which began in Asia. She wants to get nations to increase pressure on North Korea to scrap its nuclear weapons ambitions.

The "Associated Press" says a U.S. Marine accused of killing an Iraqi civilian may enter a plea agreement. It says prosecutors may drop murder allegations against private first class John Jodka in return for a guilty plea on lesser charges. Six other marines and one navy corpsman were also charged in the case.

Thick clouds of smoke filled the sky over Fort Meade, Maryland. This blaze broke out in an office building at the army base. It's believed to have started on the roof. The cause is still under investigation.

A mortar attack on an outdoor market south of Baghdad today killed at least three people and wounded 40 others. This latest attack again raises the question can anything end the bloodshed there. CNN's Tom Foreman looks at one controversial idea.

(BEGIN VIDEOTAPE)

TOM FOREMAN, CNN CORRESPONDENT (voice-over): With the fighting grinding on and on, some leaders inside and outside of Iraq believe dividing the country into autonomous states could be a reasonable idea. Right now, the Shia primarily occupy the east and south, the Sunnis are in the west and the Kurds, the north. And old ethnic differences between these groups have produced some support for official state borders between these regions. But some foreign affairs analysts warn splitting up Iraq will almost certainly lead to more trouble. Why?

(on camera): One reason lies beneath the ground. Look at where the oil is. These deposits which could make Iraq a very wealthy nation if peace ever comes are located primarily under Shia and Kurdish land. So unless there's a strong plan to assure nationwide sharing of oil revenue, the Sunnis could be cut out of the windfall.

(voice-over): Even some supporters of a partitioning plan who say a little independence for each region could quiet bitter rivalries, say the Sunnis must be guaranteed a fair share of the oil money.

LES GELB, COUNCIL ON FOREIGN RELATIONS: And you've got to tell -- we've got to tell the Shiites and the Kurds, look, you're not going to get anything out of the oil you have if there's civil war in that country.

FOREMAN: But the White House vigorously opposes partitioning.

TONY SNOW, WHITE HOUSE PRESS SECRETARY: Partitioning, nonstarter.

FOREMAN: Among the apparent fears, if the Sunnis become effectively their own country, they could join forces with Syria, a Sunni neighbor, and no friend of the United States. And the same holds for the Shia. They could cozy up to neighboring Iran, expanding that country's already substantial and growing influence in the region. Tom Foreman, CNN, Washington.

(END OF VIDEOTAPE)

WHITFIELD: So ho leaked a secret intelligence report on Iraq? The Republican head of the House Intelligence Committee has suspended a Democratic staff member while the matter is being investigated. The intelligence committee's top Democrat Jane Harman of California says Chairman Peter Hoekstra had no grounds for the move and abused his power. President Bush says the leak last month was done for political purposes.

So is she running for re-election to the Senate or gearing up for a White House bid in two years? New York Senator Hillary Rodham Clinton was asked that very question repeatedly in her first debate with her Republican opponent John Spencer. CNN's Mary Snow was there.

(BEGIN VIDEOTAPE)

SEN. HILLARY RODHAM CLINTON, (D) NEW YORK: Hi, John. How are you? Glad to see you again.

MARY SNOW, CNN CORRESPONDENT: She's averaging a 30 point lead in polls. He is her little-known Republican challenger. In their first debate it took near moments before John Spencer changed pleasantries into questions about Senator Hillary Rodham Clinton's political ambitions.

JOHN SPENCER, (R) NEW YORK SENATE CANDIDATE: She's raised $40 million for herself, to run against me? I don't know about that.

SNOW: The first question from the debate's moderator was about all the signs pointing to a potential run for president in 2008, something the senator has never said she's doing.

CLINTON: Now obviously people are talking about whether or not I will or should run for president. And I'm flattered by that. And if that is a concern to people, they should factor that into the election in November. But I have made no decision.

UNIDENTIFIED MALE: Come on, Senator, you haven't thought about it at all, about running for president?

CLINTON: I didn't say that. I said I haven't made any decisions. UNIDENTIFIED MALE: So you have thought about it?

CLINTON: Dominic, it is hard not to think about it because people talk to me about it all the time.

SNOW: Asked why she's not pledging to serve out a full Senate term as she did in 2000, she said she doesn't know what the future holds. Questions turned to North Korea, border security, the Foley scandal and Iraq. Senator Clinton called for a phase redeployment to start immediately and --

SPENCER: You're not president yet, so do not call for that.

SNOW (on camera): While the questions are piling up, so is her cash. Senator Clinton has roughly $15 million to spend in these final weeks of the campaign. Whatever is leftover and that should be a lot, could be spent on a White House race, should she decide to run. Mary Snow, CNN, Rochester, New York.

(END OF VIDEOTAPE)

WHITFIELD: So how would Clinton do, Hillary Clinton do in a 2008 presidential race? That may depend on what name she goes by. Take a look at the new poll done for us by the Opinion Research Corporation. Fifty one percent say they would pick Hillary Rodham Clinton over the presumptive Republican favorite John McCain. But lose the Rodham and lose the election. Only 47 percent would vote for Hillary Clinton. Forty-eight percent for John McCain.

How far is too far when an attorney is trying to help her client? We'll ask our legal team to weigh in.

They'll also take up the judge's decision to set aside the guilty verdict in the case of Enron's founder, the late Ken Lay.

(BEGIN VIDEOTAPE)

GERRI WILLIS, CNN ANCHOR: Something new is happening in the kitchen and it doesn't involve a new diet or appliance. The kitchen table is getting some height.

STEPHEN DRUCKER, EDITOR IN CHIEF, HOUSE BEAUTIFUL: Americans are living a lot more casually. Everybody knows how much fun it is to sit at a kitchen island, at a bar stool and grab a quick meal. And the furniture industry has responded to it.

WILLIS: These new tables are, by definition, at least three feet tall.

DRUCKER: Kids love it because it's fun to sit up high. Older people love it because it's easy to get in and out of these chairs.

WILLIS: High dining tables are said to get bigger, rounder and become available in a wider range of styles. I'm Gerri Willis, and that's this week's trend spotting.

(END OF VIDEOTAPE)

(COMMERCIAL BREAK)

WHITFIELD: Almost 15 minutes to the top of the hour now. Now in the news, North Korea's nuclear threat. One of the issues U.S. Secretary of State Condoleezza Rice is discussing with Russian officials in Moscow. She is also seeking Russia's help in dealing with Iran's nuclear program.

The rise of deadly violence was the major topic of a meeting between President Bush and his top military commanders. It comes when this month is already one of the deadliest in the Iraq war. Mr. Bush says he is willing to make changes to win in Iraq.

Burning freight cars are hanging off a bridge in Pennsylvania. The train derailed late yesterday about 30 miles north of Pittsburgh. It was carrying grain alcohol and officials are worried about a possible explosion.

The government says a civil rights attorney helped her client, a jailed terrorist, communicate with his followers. She blames her prosecution on post 9/11 hysteria. Sixty-seven-year-old Lynne Stewart has been sentenced to 28 months in prison. She could have received at least 20 years. Her client by the way, was radical Egyptian cleric Omar Abdel Rahman. Let's see what our legal experts have to say about this case. Avery Friedman, is a civil rights attorney and law professor and Richard Herman is a New York criminal defense attorney. Good to see you as well.

A vision of loveliness Fredricka.

WHITFIELD: Oh, you're sweet. Well finally the gang is all here. It's been a couple of weeks now. So let's talk about this Lynne Stewart case, she went from a nearly -- it was between 20 and 30 year sentence to now just 28 months, mostly because of her health, Avery?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Well, the health was part of it, Fredricka, but Judge John Codell was very careful in first saying what she did was a serious violation of federal law but then he went on and quite correctly looked at 30 years of service she has given to the court and to our country, coupled with the fact that although there was a potential of violence, Judge Codell said that it really didn't happen, could have but did not. Finally, because she's 67, because she is dealing with the throes of breast cancer, all these matters factored into the decision much to the concern of the United States Attorney Michael Garcia, instead of up to 30 years, 28 months.

WHITFIELD: So a few things to rebound off, Richard. Quite correctly, Avery says, she was imposed this very stiff sentence and the court said that her actions had grave consequences. Do you agree with any of that? And if so, is it also just to reduce her sentence, so severely?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Well, Fred, I have to be very careful here. This is my backyard, I go in that courthouse every week and I have cases before Judge Codell. FRIEDMAN: Be honest.

HERMAN: Having said that, you know, the fact that nothing happened, I don't think that was such a strong factor here. Judge Codell made his decision, the sentencing guidelines are not binding by judges anymore. He took into account mitigating factors, but I think if ever there was a case that was ripe for appeal and sentencing by the government, this is it. Most terrorism cases, the defendants are getting 20 to 30 years and I think that this day is not over for Lynne Stewart.

WHITFIELD: Was she given preferential treatment because she is an attorney? Because how many times have we heard about other inmates or other defendants who were convicted who had health concerns and their sentences weren't reduced?

HERMAN: You've got it, Fred. I mean it's just incredible. Before she took on this client, before she was signed in on this client, she had to sign and execute what's called SAMS, special administrative measures where she promises under oath not to disclose any information to anybody about her discussions with this defendant and she violated that. And she got caught on video doing that.

FRIEDMAN: In all fairness, she said that there was a certain level of inadvertence because the information was actually the guy that really got whacked by Judge Codell was a guy named Ahmed Satr who conveyed that information to an entity called, Islamic Group in Egypt. So the bottom line is, I don't think I disagree, it was not because she was an attorney that the judge did this.

WHITFIELD: Now she's out on bond, do you think she will ever serve any time after getting her breast cancer treatments?

FRIEDMAN: I think that she's going to prison, Fred, I really do.

WHITFIELD: OK, I just wanted to check. All right, thanks so much. All right, where we're not done with you guys. When it comes to the courts, can death set you free? The overturned verdict against Enron founder Ken Lay when our legal experts return.

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WHITFIELD: On Monday, former Enron chief executive Jeffrey Skilling, I bet you forgot about him. Well he'll be sentenced for his part in the Enron collapse. Guilty verdicts against the other prominent defendant, Enron's founder, Ken Lay, were vacated or dismissed this week. A federal judge took that action because Lay who died in July didn't have a chance to appeal his convictions. Let's ask our legal guys about all of this. Once again, Avery Friedman and Richard Herman. All right Richard, did you see this coming?

HERMAN: Well, when he died, I mean sure we saw it coming. The fifth circuit is crystal clear, the conviction must be vacated. The conviction doesn't stand until you get sentenced, first of all, he was never sentenced, therefore no conviction. Plus in the fifth circuit, you have to have the right to exhaust all your appellate rights, and he did not as a result of his death, so the judge had his hands tied. This was not discretionary, he had to do it.

WHITFIELD: OK, for a second, when you said, didn't see it coming, I thought you meant his death. So I was going to say, oh, I knew that part.

HERMAN: Some people don't think he's dead though.

FRIEDMAN: There's another piece of this though, and that is Congress actually has pending legislation to correct, to pull away from the fifth circuit that authority to give a federal district judge the ability to maintain that conviction despite the death. But you know what? The law is not in effect, so Judge Simlake had to follow the federal appeals precedent.

WHITFIELD: So Avery, does this make it that much more difficult or how might this make it that much more difficult for the government to try to pursue his $40-plus million dollar estate. Is that off limits now?

FRIEDMAN: No, no, partially, the criminal piece, Fredricka is gone, but that doesn't foreclose the government to pursue civil remedies. It's more difficult, the SEC is pursuing civil remedies, it's going to be very, very difficult. At best, the people who got hurt and there are tens of thousands are going to wind up at best with pennies on the dollar.

WHITFIELD: Wow. OK, so now how might this dismissal of the Ken Lay verdict in any way impact Jeffrey Skilling?

HERMAN: I think it's going to negatively impact Jeffrey Skilling.

WHITFIELD: What do you mean?

HERMAN: Because he is the face of the corruption of Enron and someone has to get burnt bad.

WHITFIELD: But Fastow got a break, didn't he?

HERMAN: That all the more reason why this guy is going to get crushed. Fastow got reduced to six years. Ken Lay's out of the picture now, this is the lone man standing. He's going to get nailed like Bernie Ebbers of WorldCom, he's going to get hit with 25 years, plus multiples of millions of dollars in restitution. He's going to get crushed. This ain't going to be a Lynne Stewart sentence, I guarantee you that.

FRIEDMAN: Well, it's the opposite.

WHITFIELD: Do you agree with that, Avery? Yeah, what's going to happen, this guy, their conviction on 19 counts. There is nothing the government has to say positive about this guy. There is nothing that can be established in front of the U.S. district judge, we're 48 hours away from sentencing and you know what? We're looking at a minimum, and I don't know what the predictions are, but the way I'm looking at it, minimum 20 years.

WHITFIELD: Whoa. All right, it's going to be a tough day Monday for the Skilling camp. Thanks so much, Avery and Richard, always good to see you. Hope we can reunite again next week.

HERMAN: Absolutely.

FRIEDMAN: Looking forward to it, have a good day.

WHITFIELD: Well he was a fan, now he is a part of the team. Find out how this amazing transformation took place.

And a hot new trend along the gulf coast, we're not talking big homes, but small ones that serve a purpose and can withstand the force of a hurricane. Gerri Willis has more in this week's modern living.

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WILLIS (voice-over): They're called Katrina cottages, smaller versions of the houses traditional to the gulf coast. Starting at about $25,000 for building materials, plus construction costs, these homes can be built for about the same money as a FEMA trailer. And they can be put up quickly within just a couple of weeks in some cases. One style families could choose from is this one, on display in Chalmette, Louisiana. Its architect Steve Oob designed this model to be especially resistant to hurricanes. He says it can withstand 200 mile per hour winds, that's a category 5 and he says it's virtually flood proof.

UNIDENTIFIED MALE: These buildings are set up now where everything is treated material so if it got wet and stayed inundated for quite a while it would not rot.

WILLIS: But you don't have to live in hurricane country to appreciate these downsized houses. They might soon be available to everyone. So whether you live on the gulf coast or some other coast, you might see these cute cottages cropping up in your neighborhood. I'm Gerri Willis and that's this week's modern living.

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WHITFIELD: Well take a look at this. High above the city of Seattle, perched atop the space needle is the emerald city's new slogan, Metronatural. What does it mean? Well the city says they give you the best of both worlds, a vibrant urban center surround by pristine wilderness and outdoor recreation. The city paid $200,000 for that slogan and they plan to pay another $300,000 to market it. They've already gotten a lot of marketing for free.

Well talk about getting your foot in the door. The Boston College football team has a new rising star. CNN's Dan Lothian has the story. (BEGIN VIDEOTAPE)

DAN LOTHIAN, CNN CORRESPONDENT (voice-over): Steve Aponavicius is a kicker with the Boston College Eagles, a major leap from where he sat last season in the stands as a bare chested super fan.

STEVE APONAVICIUS, BOSTON COLLEGE FOOTBALL KICKER: No one even knew who I was, I was just a kid with a long European name and you know to go from that to this is really just crazy.

LOTHIAN: Crazy because this rookie kicker had never played a down of football, only soccer. But to unwind, the sophomore would often practice making field goals out here, using an old ball snatched from his former high school. A BC assistant football coach spotted him last year.

APONAVICIUS: I thought he was going to kick me out of the stadium.

LOTHIAN: Instead, he was invited to try out and then became a walk-on. Last week with the starting kicker suspended, number 83 got his big break against Virginia Tech.

APONAVICIUS : I felt like, you know time stood still for that three seconds where the ball is snapped and I would kick it.

LOTHIAN (on camera): Imagine the pressure, being in here with the loud crowd on national television, primetime, kicking your first game from this spot through the uprights. His coach never lost faith.

TOM O'BRIEN, BOSTON COLLEGE HEAD COACH: Once the snap was good, I knew he would get the ball up.

LOTHIAN: Aponavicius drilled two field goals from 36 and 20 yards out and made two extra points to help the eagles win. Fans and teammates went wild.

JOLOON DUNBAR, BOSTON COLLEGE CO-CAPTAIN: He's worked hard and he's done well for his self, you know, we're glad, we're proud of him.

LOTHIAN: A super fan's fantasy come true. Dan Lothian, CNN, Boston.

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WHITFIELD: A look at the top stories in a moment. "IN THE MONEY" is next, here's a preview.

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