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American Morning

Pastor Sex Scandal; President Bush out for Final Weekend of Campaigning; Mehdi Army's Power

Aired November 03, 2006 - 08:00   ET

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


MILES O'BRIEN, CNN ANCHOR: Good morning to you, Friday, November 3rd.
I'm Miles O'Brien.

SOLEDAD O'BRIEN, CNN ANCHOR: Ad I'm Soledad O'Brien. I'm in Washington, D.C., this morning.

Thanks for being with us.

M. O'BRIEN: Sex and politics and religion. At the top of the news this morning, a possible bombshell from Colorado with national implications. The Reverend Ted Haggard, leading the charge against gay marriage, stepping down as the head of the powerful National Association of Evangelicals, which represents 30 million American Christians. Haggard, married with five kids, is accused of having a long sexual affair with a gay prostitute.

(BEGIN VIDEO CLIP)

MIKE JONES, MALE ESCORT: People may look at me and what I've done as immoral, but I think I had to do the moral thing in my mind, and that is expose someone who is preaching one thing but doing the opposite behind everybody's backs.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

TED HAGGARD, PRESIDENT, NATIONAL ASSOCIATION OF EVANGELICALS: I've never had a gay relationship with anybody, and I -- I'm steady with my wife. I'm faithful to my wife. And so I don't know if this is election year politics or if this has to do with the marriage amendment or what it is.

(END VIDEO CLIP)

M. O'BRIEN: AMERICAN MORNING'S faith and values correspondent, Delia Gallagher, joins us now with more on all this.

First of all, Delia, let's talk about what is actually alleged here.

DELIA GALLAGHER, CNN FAITH AND VALUES CORRESPONDENT: Well, the accusation is that this evangelical pastor had sex with a man for the past three years. The accuser is a man named Mike Jones. He's 49 years old and he says that Haggard paid him for sex almost monthly for three years.

And Haggard, of course, has denied this. And Ted Haggard, remember, is a very important evangelical pastor. Let's take a look at some of the things he's done.

He's 50 years old. He's a married father of five. He's the head of the National Association of Evangelicals, which is an umbrella organization for a lot of evangelical churches. They have 30 million members.

And importantly, he's the pastor of this New Life Church in Colorado Springs, Colorado. And this church he has grown himself. It has about 11,000 members now and it's known -- very well known in the evangelical community. He was one of "TIME" magazine's top 25 most influential pastors.

So this, you know, can't be under estimated the kind of impact this is having in the evangelical community.

Now, the interesting thing here is that on Thursday, the interim pastor of this church said that, you know, there may be something to these allegations. Let's take a look at what he said.

(BEGIN VIDEO CLIP)

REV. ROSS PARSLEY, ACTING SR. PASTOR, NEW LIFE CHURCH: There has been some admission of indiscretion. Not admission to all of the material that has been discussed. But there is an admission of some guilt, and that's what we're working with, with the outside overseers who are working with Pastor Ted and his family to investigate what's happened here.

(END VIDEO CLIP)

GALLAGHER: We should say, Miles, that within these charges of sex, there were also charges of drug use. So...

M. O'BRIEN: Methamphetamines.

GALLAGHER: Exactly. About 12 times, according to Mike Jones.

M. O'BRIEN: So that, obviously, would upset a lot of evangelicals. Let's put this all in perspective, though. This organization that he headed until he stepped down, the National Association of Evangelicals, a very powerful, influential organization.

GALLAGHER: It is. And by his own admission, Ted Haggard was an adviser to the White House, and the National Association of Evangelicals sets the agenda in many respects for what the Christian right in this country wants.

And so, it's certainly an important organization. However, I think the -- that's a political organization, whereas his being the head of this New Life Church is really where the impact is going to be felt in this. I mean, for the moment, the evangelicals I've spoken to are completely behind him and supportive of him. But it's still got to play out. And obviously they're very shocked by these allegations.

M. O'BRIEN: Well, let's listen to how it played out a little bit for a moment.

(BEGIN VIDEO CLIP)

JONES: It's been hard for me, because emotionally I just don't want to destroy someone, but this story needs to be out because it's so wrong.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

HAGGARD: We're right in the middle of an election period. Now, I don't know that this has anything to do with that, but I must say that was the first thing that crossed my mind. I thought -- I thought, here we are in an election cycle, and people are pulling out the guns.

(END VIDEO CLIP)

M. O'BRIEN: OK, he makes a point. Colorado, one of eight states where there's an amendment to ban gay marriage on the ballot. He's been at the forefront pushing for this amendment. Obviously the allegations of politics might resonate.

GALLAGHER: Yes. There's a lot of question in the evangelical community as to the timing of this and the motivations for it. So that's certainly something to watch come Tuesday.

However, those people I've spoken with say, look, you know, we're against gay marriage regardless of what happens with our leaders and so on. We don't vote on that just because what they think about it. So that may be a separate issue to these kinds of allegations, which are scandalous for this community.

M. O'BRIEN: Yes. It will be interesting to see if they just become disaffected and decide to stay home.

GALLAGHER: Could be. Could be an effect. We'll see.

M. O'BRIEN: All right. Delia Gallagher, thank you very much -- Soledad.

S. O'BRIEN: Well, I hate to tell you this, but this weekend all across the country, you're going to be bombarded by campaign messages. It's just four days away from midterm elections and there are nearly 20 Republican-held congressional seats that really could go either way.

Democrats are optimistic they can retake the House with a 15-seat gain. They need six seats to take control of the Senate. President Bush is going out for his final weekend of campaigning before the midterm elections on Tuesday. He's trying to help keep his party in the majority.

White House Correspondent Elaine Quijano in Springfield, Missouri. She's traveling with the president.

Good morning, Elaine.

ELAINE QUIJANO, CNN WHITE HOUSE CORRESPONDENT: Good morning to you, Soledad.

Well, here in the state of Missouri, the Senate race could not be closer. Republican Senator Jim Talent running neck sand neck, really, with his Democratic challenger, Claire McCaskill. So as he did yesterday, President Bush is here in Missouri to try to rally the GOP faithful.

He was in Montana and Nevada yesterday with a message specifically to conservatives that they should turn out at the polls to ensure that likeminded senators are reelected and will be in position to confirm conservative judges.

Now, here in the state of Missouri, the issue that is front and center, also on the state ballot, embryonic stem cell research. Specifically a measure on the ballot essentially protecting it under federal law.

Senator Talent opposes the measure because he says it would allow the destruction of human embryos. Claire McCaskill supports it because she says it's about finding cures in order to save lives.

Against that backdrop, President Bush will be here to campaign for the senator. A complex, highly emotional debate, Soledad.

We should also mention, the president, he's got two stops today, one here in Springfield, one in Joplin in Missouri. But ahead of his visit here to Missouri, the president also declared Missouri a disaster area for some storms that struck in the area back in July. But President Bush weighing in at a time when this very complex debate over embryonic stem cell research is playing out.

As you know, it was President Bush who used his veto pen for the first time on this very issue back in September. Also, though, this is the first president ever to fund federal -- to allow federal funds to be used for embryonic stem cell research for existing lines. That, of course, was back in 2001 -- Soledad.

S. O'BRIEN: Elaine Quijano, who is traveling with the president today.

Thanks, Elaine.

To Iraq now. Here's what's new this morning.

The military is confirming five American deaths. Three soldiers were killed by a roadside bomb on Thursday. There was one non-combat death. And a Marine was killed fighting insurgents in Anbar province.

Baghdad police today say they found 56 bullet-riddled bodies in the past 24 hours. Those deaths are blamed on militia groups. The most powerful militia in Iraq is the Mehdi army of Muqtada al-Sadr.

CNN's Michael Ware has more on this group.

(BEGIN VIDEOTAPE)

MICHAEL WARE, CNN CORRESPONDENT (voice-over): Sadr City is a sprawling slum. An estimated 2.5 million people, almost half the population of Baghdad. Controlled not by the Iraqi government or the U.S. military, but by these men. They are the Mehdi army, followers of this man, Muqtada al-Sadr, a powerful anti-American Shia cleric.

MUQTADA AL-SADR, SHIITE CLERIC (through translator): Who is going to protect Iraq? America protect Iraq? May God damn America.

WARE: His militia is a potent force. Brazen in his propaganda videos, vocal in this demonstration denouncing America, and discreet. Militiamen in civilian clothes at Sadr City checkpoints, searching for car bombs and Sunni insurgents.

U.S. military intelligence estimates the Mehdi army has as many as 7,000 fighters. It credits the militia with at least 15 special forces companies, eight intelligence companies, religious courts that regularly order executions, and several punishment committees -- units acting both as internal investigators and anti-Sunni death squads.

And that's not all. Muqtada al-Sadr controls 30 seats in parliament, four government ministries, and wields considerable influence over Iraq's prime minister.

Opponents claim that has enabled the Mehdi army to hold America's whole mission in Iraq hostage, politically and militarily, turning Sadr City into a virtually no-go zone for American soldiers.

So how did Muqtada al-Sadr become so powerful? To understand, for weeks, CNN has been visiting Sadr City, where the Mehdi army's control is absolute. At a market, militiamen keep a watchful eye. And even women say they are ready to fight the Americans.

UNIDENTIFIED FEMALE (through translator): We will not accept our houses to be searched. The women will attack them. We have weapons and we will kill them!

WARE: Something the Mehdi army has proven it is willing to do.

ABU MUHAMMED, MEHDI ARMY COMMANDER (through translator): Freedom should be taken, not given. So we will take it.

WARE: Abu Muhammed is a top Mehdi army commander, who insisted his face not be shown.

MUHAMMED (through translator): Who is going to let himself negotiate in the name of this city and its people when Sayid Muqtada (ph) has not met a single American official all year.

WARE: No negotiation with the Americans. A popular position here. But while the Mehdi army is formidable, it is not a monolith, with factions split as hard-liners push for even more attacks against U.S. forces.

On the street, unity, as the militia using Lebanon's Hezbollah as a model, delivers services, overseeing government fuel ration cards at gas stations. Security, even signing for the death (ph) at Friday prayers. And with the apparent capture of a U.S. soldier, another parallel to Hezbollah. One senior U.S. officer wonders if the kidnapping is an attempt to echo the capture of two Israelis that sparked July's war in Lebanon, an ominous suggestion, given how Muqtada and his loyalists are flexing their muscle in Sadr City and across Iraq.

Michael Ware, CNN, Baghdad.

(END VIDEOTAPE)

M. O'BRIEN: Happening this morning, a government Web site that reportedly shows how to build an atom bomb is now off line. The site, set up by the Bush administration before the Iraq war, was designed to gather evidence about the dangers posed by Saddam Hussein and to show satellite photos of Iraq's nuclear sites. But according to "The New York Times," the site also contained details of Iraq's secret nuclear search.

A roundup of fugitives. More than 10,000 caught in all, including more than 1,600 sex offenders caught. U.S. marshals calling it Operation Falcon 3, designed to track down fugitives east of the Mississippi. An estimated one million fugitives still on the lam.

More violence in Gaza today. An Israeli airstrike on a car kills four Hamas members. Palestinian security forces say they were killed while traveling just outside Gaza City. And in the town of Beit Hanoun, a roof of a mosque collapsed after intense fire from surrounding Israeli forces. Witnesses say about 60 gunmen holed up inside managed to escape -- Soledad.

S. O'BRIEN: Republicans and Democrats narrow their focus to just a few key races in the midterm elections. So which races will be the ones that decide control of Congress?

We'll take a look at that.

And lots of voters are going to head to the polls with money on their minds. We'll tell you about some of the ballot issues that will affect your bank account.

Stay with us. We're back in just a moment.

(COMMERCIAL BREAK)

S. O'BRIEN: Welcome back. Some of the day's top stories. An evangelical minister with ties to the White House is accused of an affair with a gay prostitute. Pastor Ted Haggard denies it, but he's resigned of the president of the National Association of Evangelicals.

The National Intelligence director, John Negroponte, is on a surprise visit in Iraq this morning. He's talking with Iraq's prime minister about that country turbulent security situation.

A quarter past the hour. If you're about to head out the door, first let's get a quick check of the traveler's forecast for you.

Chad's got that.

Good morning.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Soledad.

(WEATHER REPORT)

M. O'BRIEN: If you like campaign commercials, have we got some weekend viewing for you. Just turn on the tube just about any time and you'll be hearing someone talking about how they "approved this message."

So, which messages are working as the 11th hour approaches?

Our senior political correspondent, Candy Crowley, joins us from Elk Grove Village, Illinois.

Candy, good morning to you.

CANDY CROWLEY, CNN SR. POLITICAL CORRESPONDENT: Good morning.

We're looking at a lot of commercials here, I'll tell you.

M. O'BRIEN: I bet you are. I bet you are.

I'll tell you what, before we get into that, I did just want to ask you a question about this Ted Haggard story. The pastor, influential pastor, head of a big evangelical association, stepping down amid charges of having an affair with a gay prostitute. I'm interested -- when you couple this with the Foley cancel, you've got Sherwood in Pennsylvania with the ex-mistress going on, you've got that book which came out of the former White House staffer saying the White House secretly mocked evangelicals.

When all of that is kind of laid out before evangelicals, are they just going to stay home, do you think?

CROWLEY: I'm not sure this last thing with Haggard will make them stay home, but the Republicans know that evangelicals have been upset, not so much about those things, but as about what has been pushed forward policy-wise. They don't think that the president has put their issues front -- front and center. So that's been depressing the evangelical vote. Obviously Karl Rove, who's been in charge of reaching out to that segment of the party, has been working hard to make sure that they come out.

If there's any kind of election fallout to Haggard, it's got to be in Colorado. But my sense is, if you're an evangelical and you're against gay marriage, you're going to vote against it. This isn't going to stop you from doing that.

But there's a critical mass of this sort of thing that has happened since Foley, Sherwood, all of those together. But I think we hit it before this came.

M. O'BRIEN: We already -- we already had a meltdown, if you will, potentially.

CROWLEY: Yes, absolutely.

M. O'BRIEN: But is it -- I guess we might be stating the obvious, but it's an article of faith that evangelicals, if they show up to the polls, they're not going to switch over to the Democratic Party.

CROWLEY: Right -- no. It's a question of will they come to the polls or will they stay home.

M. O'BRIEN: Yes.

CROWLEY: I mean, that's -- I mean, there are movements within the Democratic Party now to at least seize some portion of the "religious vote" from Republicans. They say, look, there are plenty of religious people who vote Democratic. But as for conservative Christians, evangelicals, they' have been a pretty reliable Republican vote. And what they're worried about is not, oh, gosh, the Democrats are gaining votes, they're worried that the evangelicals are going to say, "I'm fed up with the lot of them and I am going to stay home."

M. O'BRIEN: All right. Let's talk about the messages you're hearing out there. You say you're seeing a lot of the commercials out there, I'm sure every time you turn on the tube.

What kinds of messages are they? Are they predominantly attack campaign type messages, negative ads? And are people -- do you have the sense that people are really tuned in at this point?

CROWLEY: Pretty much everybody has made up their minds. I think we've seen the political landscape freeze.

Now, there are undecideds out there. At this point, it does -- generally history will tell you that the undecideds are going to stay home, that these are just people going, oh, gee, I don't know.

So there really aren't six percent, or five percent, or whichever race you're looking at that really haven't decided. They might be deciding to stay home. Look, the messages from Democrats are pretty clear: change, change, change. Whether they're talking about Social Security or the war, that's their message.

Republicans, what's been interesting to me -- because they can't talk about the war, very few of them have -- have kind of returned to domestic issues. Here in Chicago, the Chicago area, we see the Democrat being attacked by the Republican for maybe cutting back on Social Security benefits, that sort of thing.

So, while Republicans have been kind of scrambling for a message -- stay the course no longer usable apparently -- what they're doing is they're sort of using this localize their elections.

M. O'BRIEN: Candy Crowley is part of the best political team on television. And we will always stay the course with that.

Thank you very much. And don't -- don't watch too many commercials over the weekend. I know you're going to be busy. Thanks -- Soledad.

S. O'BRIEN: Here's a question for you. How many midterm races are going to be decided in the courts and not at the polls?

Jeff Toobin will join us with a look at the potential legal battles that lie ahead.

Plus, somebody pulled a disappearing act with a new Tickle Me Elmo. And the folks at one major retailer don't think it's funny.

Andy Serwer is "Minding Your Business".

We're back in a moment.

(COMMERCIAL BREAK)

M. O'BRIEN: Wal-Mart putting out on APB for a shipment of TMX Elmo dolls.

Andy Serwer, part reporter, part gumshoe, is on the case.

ANDY SERWER, MANAGING EDITOR, "FORTUNE": Well, listen, if you're driving down the road somewhere in Arkansas, or maybe southern Missouri or Mississippi, and you see a guy with an open trunk with a bunch of red Elmos in the back, call the police. Call Wal-Mart.

M. O'BRIEN: But get your Elmo doll first before you do that.

SERWER: Here's what's going on.

Wal-Mart says 100 Tickle Me Elmo TMX Elmos are missing. There was...

M. O'BRIEN: Can we listen to the audio?

It's no laughing matter, folks. SERWER: Maybe it would be a good thing if more of them went missing.

M. O'BRIEN: Precisely what I was thinking.

SERWER: Yes. Can you imagine having four or five of those in your house?

M. O'BRIEN: A hundred of them.

SERWER: A hundred of them.

M. O'BRIEN: Yes.

SERWER: Some guy's got 100 of them. Someone stole 100 of these things, or they're missing.

Elmo, cool it, OK? I can't talk.

A hundred of these things went missing on the way to a store in Bentonville, Arkansas, which of course is where Wal-Mart is headquartered. They say, "We'll do whatever it takes to get them back. We just want them back. No questions asked."

This is the kind of stuff -- hey there, guy.

M. O'BRIEN: All right.

SERWER: This is coming from -- coming from Wal-Mart.

M. O'BRIEN: I smell a rat.

SERWER: You do? You think this is a publicity stunt?

M. O'BRIEN: I think -- I think this is a stunt.

SERWER: By the toy maker and by...

M. O'BRIEN: I really do. Why does -- I mean, 100 dolls? I mean, come on. Like they're that -- I mean, they sell how many billions? Of course they can't...

SERWER: Of Elmo dolls.

M. O'BRIEN: ... get that money. That's part of the problem. All right.

SERWER: They can't get that many.

Hey, did you here about Sweet'N Low? You know, the little sugar packet thingies. They're sugar substitute packets.

M. O'BRIEN: Sweet of you to think of it.

SERWER: Five hundred billionth just was sold. And of course we have -- they love these kinds of statistics. That means -- it's 50 years old now. Tall enough to cover or go the size of the empire state building 71 million times.

M. O'BRIEN: Seventy-one million times?

SERWER: Seventy-one million times? That's not right. It weighs more than 91,000 elephants.

M. O'BRIEN: That can't be right.

SERWER: They just print this stuff up, and I don't think it's accurate.

M. O'BRIEN: Who actually does this?

SERWER: The Sweet'N Low people.

M. O'BRIEN: Because they know we're not going to check it.

SERWER: They cover all of New York City. Actually, that's not true. We checked. It didn't cover Staten Island.

No.

Wrap around the world 792 times. Maybe it's only -- I like the skepticism.

Weighs 33 times more than the Brooklyn Bridge.

And this may be true, saved dieters a total of 5.5 trillion calories.

M. O'BRIEN: All right.

SERWER: So quite a landmark there.

M. O'BRIEN: All of those numbers and we're still the fattest nation on the planet? What's up?

SERWER: Right. Yes.

M. O'BRIEN: I don't get that.

All right.

All right, Andy Serwer. Thank you very much, sir.

SERWER: Thank you, Miles.

M. O'BRIEN: Betty Nguyen and T.J. Holmes at the CNN Center right now with a look at what's ahead on CNN SATURDAY and SUNDAY MORNING.

Hi, guys.

BETTY NGUYEN, CNN ANCHOR: Hey, good morning.

T.J. HOLMES, CNN ANCHOR: Good morning there.

Of course, we're talking about the campaign season. Candidates are crisscrossing the country, of course. This is the final weekend of campaigning, this is their last shot. But we're going to tell you about a political ad with a unique message.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Don't vote this November.

UNIDENTIFIED MALE: Don't vote.

UNIDENTIFIED FEMALE: Don't vote.

UNIDENTIFIED MALE: Don't vote.

UNIDENTIFIED FEMALE: Please don't vote.

UNIDENTIFIED MALE: Do what's right, don't vote.

(END VIDEO CLIP)

NGUYEN: Oh, no, you're not hearing things. You heard it right. An Internet push encouraging voters not to vote. We're going to tell you why.

Plus this...

(BEGIN VIDEO CLIP)

DOUG LEVITT, SINGER (SINGING): Frank (ph) can't pay the bills, his ailing mom's got the chills. Can't afford the doctor or the rent -- dear Mr. President.

(END VIDEO CLIP)

HOLMES: That's singer is songwriter Doug Levitt you're hearing on that song. He's going to join us to share some modern-day protest songs from his new album "Greyhound Diaries".

NGUYEN: All right, Miles. Get ready. Borat on the big screen. Are you ready? Because he is bigoted, he is backward, he's boorish, and he is joining us tomorrow morning to talk about his new movie.

Be very afraid.

HOLMES: Yes. Betty's got to go round and round with him.

Well, we're going to have all that, and the latest headlines, of course.

So please, all you guys, join us for CNN SATURDAY and SUNDAY MORNING. That begins at 7:00 Eastern Time.

NGUYEN: Quite a show.

M. O'BRIEN: I will be preparing to view the television show.

NGUYEN: From Kazakhstan.

M. O'BRIEN: From Kazakhstan. And if not, you will be executed, right?

NGUYEN: Oh, no! All right.

HOLMES: Oh!

NGUYEN: Well, I better be on my best behavior then. All right, Miles.

M. O'BRIEN: All right. Thanks very much.

HOLMES: Thank you.

NGUYEN: Thank you.

M. O'BRIEN: Stories we're following right now.

Charges are filed in that southern California arson fire that killed five firefighters. The suspect could face the death penalty if convicted.

Plus, Senator Elizabeth Dole will join us in just a moment live. She's in charge of the GOP effort to keep control of the Senate. What's her take on all these tight races?

We'll ask her in a moment.

Stay with us.

(COMMERCIAL BREAK)

M. O'BRIEN: Four days until the midterm elections, and those elections could trigger some courtroom fights. Jeff Toobin will be here to explain.

S. O'BRIEN: If Republicans lose control of the Senate on Tuesday, one woman might shoulder some of the blame. Senator Elizabeth Dole will join us live straight ahead.

M. O'BRIEN: And the search for justice has taken her half way around the world. Today a moment of hope for a woman whose husband died in Iraq, allegedly at the hands of a comrade. Those stories and more ahead on AMERICAN MORNING.

S. O'BRIEN: Good morning. Welcome, everybody. Friday, November 3rd. I'm reporting from Washington this morning, Soledad O'Brien. Hey, Miles.

M. O'BRIEN: Good morning Soledad. From New York, I'm Miles O'Brien. Thanks for being with us.

S. O'BRIEN: Let's get right to what's happening this morning -- the Reverend Ted Haggard, a vocal opponent of same-sex marriage is in a gay sex scandal. Haggard is the leader of the 30 million-member National Association of Evangelicals. He's married and the father of five. He's resigned after he was accused of a three-year affair with a male escort. Now Haggard is denying the allegations. Late last night though, the pastor who is taking over for him says Haggard made admissions of indiscretion.

Just in from Iraq this morning -- military officials are bracing for a potentially violent weekend in that country. They're worried that people are going to riot if a verdict is announced in Saddam Hussein's criminal trial on Sunday. Moments ago, government officials canceled all weekend vacations for members of the Iraq security forces. They want to have as many troops on hand in the streets.

An Israeli airstrike in Gaza kills four Hamas members. Palestinian security forces say the four were killed as they were traveling just outside of Gaza city. And in the town of Beit Hanoun, Israeli soldiers surrounded a mosque where dozens of militants were holed up. The, two sides exchanged gunfire all night. An Israeli bulldozer knocked down an outer wall of the mosque that caused the ceiling to collapse. Most of the gunmen inside though escaped. Miles.

M. O'BRIEN: Four days before the elections, and if you listen carefully, you can hear the rustle of legal briefs that are really already probably already being prepared in anticipation of the legal disputes which will occur on Tuesday. Senior legal analyst Jeffrey Toobin is here to tell us what lies...

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: And what a beautiful sound it is, the rustle of legal briefs.

M. O'BRIEN: It's kind of tantamount to political ambulance chasing, isn't it. Let's talk about what attorneys are, perhaps, getting ready for on Tuesday.

TOOBIN: There's sort of two broad categories of issues. One is the whole issue of who can vote. 11 states six years ago had some sort of ID requirements. Now 24 states have ID requirements. Republicans have mostly put those in. They say it's an effort to combat voter fraud. Democrats say it's an attempt to suppress minority voting. That issue is going to be big. The other issue is technology. Roughly a third of people will be voting with some sort of electronic technology. It's a reaction to the Florida fiasco six years ago, but the question is, is the cure worse than the disease -- does the new technology work?

M. O'BRIEN: Of course, people are outraged to hear that. Let's talk about that in a moment. Let's talk about this ID issue, though. Is there a constitutional issue here? Is it okay for states to ask you to prove who you are?

TOOBIN: Certainly it's okay for them to ask you something. The Supreme Court almost took up the issue this year. The Supreme Court heard a challenge to the Arizona ID requirements, and they said, no, no, no, we're not going to deal with this until after the election. But I do think you raise a point that is an interesting one, but its unsettled. How much can the states insist on ID requirements, how much does that become legitimate anti-fraud and how much is it just an attempt to intimidate people who don't have driver's licenses or ID from voting.

M. O'BRIEN: Yeah, but who these days -- it seems to be a bit of a stretch -- who these days doesn't have some sort of identification?

TOOBIN: Well, some students, people who move, people who don't own cars. There are people who don't own them.

M. O'BRIEN: Let's talk about six years after we learned that chad was something more than a weather man. And it just outrageous to alot of people that the system is still broken.

TOOBIN: The system is still broken and in many respects the cure may be worse than the disease because there is no standard electronic voting technology. An important fact to remember, the average age of a poll worker in the United States, the people who actually run the elections is over 70. So, I mean, anybody who's voted knows the people who work in the polling places tend to be pretty old. They're the people dealing with this brand new technology that's unfamiliar to them. And, the results have been ugly.

M. O'BRIEN: We have a couple of 14-year-old boys who could probably help out.

TOOBIN: That's right.

M. O'BRIEN: Maybe we should send them. They would be able to fix it.

TOOBIN: Unfortunately, they're distracted with other things. In Maryland, there was a primary, where in Montgomery County, where they couldn't do it. And you know both sides, you'll be pleased to know, have plenty of lawyers on staff, ready to file lawsuits on Tuesday. So,there could be plenty of partisan ugliness.

M. O'BRIEN: I predict a busy day for you. Jeff.

TOOBIN: Well, we can only hope.

M. O'BRIEN: Jeff Toobin, our senior legal analyst, thank you very much. Soledad.

S. O'BRIEN: An American soldier is in court today. He could get the death penalty if he's convicted of killing two superior officers while they were all on duty in Iraq. It's been more than a year and a half of legal wrangling with numerous motions and delays. And, sometimes it seems people are forgetting the widows and small children who have been left behind.

(BEGIN VIDEOTAPE)

S. O'BRIEN (voice-over): The wait for justice can be brutal. BARBARA ALLEN, HUSBAND KILLED IN IRAQ: I just needed to know everything that happened to him. I felt as if I couldn't be there for him, so I need to know.

S. O'BRIEN: Lou Allen is one of more than 2,000 soldiers who died since the war in Iraq began. He was killed on June 7, 2005, leaving behind four small boys -- Trevor, now seven, Colin, six, Shawn, five and three-year-old Jeremy.

Cause of death, at first they thought a mortar attack. But a military investigation determined First Lieutenant Lou Allen and Captain Phillip Esposito were victim of fragging.

S. O'BRIEN (on-camera): Did you know what fragging meant?

ALLEN: No. I didn't know what a lot of things meant.

S. O'BRIEN (voice-over): Fragging is when a soldier kills his commanding officer. The suspect, Staff Sargent Alberto Martinez, who is facing two counts of premeditated murder and other charges. Barbara was told that Lou died immediately, but a colonel, who tried to save his life, says he was conscious and talking for hours.

S. O'BRIEN (on-camera): What did she say that he said.

ALLEN: He was talking about me. He was talking about the boys and just knowing that was -- you know, on the one hand it's reassuring, on the other hand, it's just hard to hear.

S. O'BRIEN (voice-over): In the 17 months that have followed, Barbara's been to hearings in Kuwait and North Carolina, logging more than 6,000 miles in search of justice. She's become an expert in military law.

ALLEN: Soldiers are brought to trial, referred, arraigned, sentenced all within the time since my husband was murdered.

S. O'BRIEN (on-camera): And you're still waiting?

ALLEN: So it's a little frustrating to say, well what's the delay here? If this is the top case, why can't we prosecute it?

S. O'BRIEN (voice-over): Her boys struggle to remember their dad. They wear his medals to school. What's important about it?

UNIDENTIFIED CHILD: That it's made for our dad.

S. O'BRIEN (on-camera): Make you think about him when you're wearing it?

UNIDENTIFIED CHILD: Yes.

S. O'BRIEN: What do you remember about your dad?

UNIDENTIFIED CHILD: That he was a soldier.

ALLEN: I have lists of questions. They've asked me lists of things that we've talked about.

S. O'BRIEN: What startles you the most?

ALLEN: Why didn't daddy run? Was it a gun, was it a bullet, was it a knife and did it hurt.

S, O'BRIEN (voice-over): Questions Barbara tries to answer honestly as she works to bring their shattered lives back on track.

ALLEN: When daddy died, I almost died too. I told them that and I said, I probably would have given up and let myself die if it wasn't for you kids. I said you guys saved me now and I'm going to save you back.

(END VIDEOTAPE)

S. O'BRIEN (on-camera): Well, despite our efforts, neither Martinez, the suspect, nor his attorney would comment to us on the case. Here's what the military told us. While the Army appreciates the family's concern for proceeding with the case as quickly as possible, the Army is equally committed to the integrity of the military judicial process and the rights of all involved to include the accused and the victims. Miles.

M. O'BRIEN. Thank you, Soledad. Coming up, we'll talk to the woman in charge of keeping the Senate in Republican hands. Senator Elizabeth Dole will give Soledad her take on the tightest Senate races.

And, for a lot of voters, the big issue this year and most years is money. We'll look at the ballot issues that could affect your bottom-line ahead.

(COMMERCIAL BREAK)

(WEATHER REPORT)

S. O'BRIEN: Her name is not going to be on any ballot come Tuesday, but she is leading the charge for the Republican Party, trying to keep control of the Senate. North Carolina Senator Elizabeth Dole is the head of the National Republican Senatorial Committee. Nice to see you Senator.

SEN. ELIZABETH DOLE (R), NORTH CAROLINA: Good to be with you this morning.

S. O'BRIEN: Thank you very much. And this is a big job, especially in this midterm election. You seem very calm though, but when you look at some of the numbers, there are states that should have been easy Republican wins that are now -- we're seeing struggles. What message does that send you.

DOLE: Well, first of all, let me say that this is a midterm. And a midterm election is always tougher. When a president has been re-elected, there's that six-year itch, and history shows that it becomes even tougher. Our candidates have known that all along, since the first day that I arrived at the senatorial committee, we realized what this cycle would be like. Our candidates have worked hard to build strong teams, to build a war-chest, and they're out there aggressively pursuing their campaigns.

S. O'BRIEN: How much of the struggle is due to the president's position on the war and the voters and the polls showing that people...

DOLE: Let me just say that obviously the war is of concern. It's a major concern, but for a person to think that voting for a Democrat for the Senate is going to fix the situation in Iraq makes no sense. That's just not the case. Let me point out here, too, that for us to leave -- and it seems that Democrats are saying they're satisfied or content with losing, if we were to withdrawal from Iraq at this point, there's no question that this would leave a void there, a breeding ground for attacking the United States again.

S. O'BRIEN: As you well know, there are lots of people who are saying right now, the U.S. is not winning in Iraq.

DOLE: Well, the United States is trying to find the right initiatives to move forward, but certainly to just abandon the effort, I'm afraid ultimately would mean that we would feel we had to go back in because it would destabilize the Middle East. Iran sitting right there to fill that power vacuum and Iraq with this massive amount of oil.

S. O'BRIEN: Even the fact that we're debating it though, to me, signals that this is an issue that people who are going to vote on Tuesday are also debating. You look at states like Virginia, which the president won by 54 percent. In Montana, the president took that by 59 percent. In Missouri, they're literally neck-and-neck.

DOLE: Let me point out that with our candidates, what they've been doing and what we've worked hard to do is to focus on the contrast, the comparison between two candidates. In other words, in New Jersey, no question the issue is corruption. That's an issue that's first and foremost in New Jersey. Tom Kane is a government reformer. His opponent, Menendez, is under criminal investigation, Federal criminal investigation.

S. O'BRIEN: But the overriding issue for alot of voters, experts on both sides of the aisle, would say it's about the war. To some degree, I'm wondering if some of the Republican candidates who have now said they don't want to campaign with the president because it doesn't help them, how much are they paying a price for this position?

DOLE: You know, one of the things we have to do, I think we have to focus on the fact that some people are talking about a firewall. You started out in that respect: Virginia, Tennessee, Missouri. I want to point out to you that there's a much broader -- I have a much broader firewall, a much bigger firewall. We're very close in Montana. The polls are closing and it's very tight in Rhode Island. And there are these issues that really define...

S. O'BRIEN: But people are saying that it should not be tight in Rhode Island. It shouldn't be tight. I mean, that's the point.

DOLE: We're talking about a midterm where a president has been re-elected, so you start off knowing that it's's a tough cycle. now we look at the fact that in a number of states, you have major factors, factor and issue that really defies the tough national environment, and that is in Maryland, for example, where you have the first African-American who would be elected to the United States Senate, Michael Steele, talking about change. Ben Cardin can't talk about change...

(CROSSTALK)

DOLE: Ben Cardin has been a career politician for 40 years.

S. O'BRIEN: But, you're contradicting yourself, because part of his...

DOLE: May I -- could I just finish?

S. O'BRIEN: I'll finish my point first. This position of change, from Michael Steele's perspective, it's let's get rid of Secretary Rumsfeld. I mean, so in a way, he's campaigning against the president, isn't he?

DOLE: I think you start out first understanding that this is a midterm where a president has been re-elected.

S. O'BRIEN: As opposed to a midterm where a president has an unpopular position on the war.

DOLE: Historically, historically, historically that means that you look at history, and it means that it's very tough and that seats are lost.

S. O'BRIEN: But, it sounds like they're saying the position of the war isn't...

DOLE: I'm saying that is of concern, but that I want people to understand that voting for a Democrat for a Senate seat is not going to fix any concerns that they have with Iraq. And then I want to make the point that the president is not on the ballot and that the Republicans are trying to find, okay, the way to win this war, to get our troops home as soon as possible. And, of course, mistakes have been made. War is hell. War is hell. But we're in there trying to win the war so that we don't have them attacking the United States again because if you leave a void, pull the troops out as the Democrats want to do, it seems the Democrats are content to lose.

S. O'BRIEN: I have to stop you there because we're out of time. However, this is what I would like to say...

DOLE: And you have to go back there eventually and that's what we don't want.

S. O'BRIEN: Senator, I have to stop you there, because we're out of time, but here's what I like to say. Let's talk again on Wednesday after all the dust is settled, we'd love to have you back and we can talk again about the fallout and what actually happened. And by then we'll actually know the numbers. We'd love to have you back on as our guest if you'll do it.

DOLE: Well, it's been a pleasure to be with you today.

S. O'BRIEN: Thank you very much. Appreciate it.

DOLE: You bet.

S. O'BRIEN: Senator Elizabeth Dole joining us this morning. Obviously we need a lot more time to talk -- Miles.

M. O'BRIEN: Yes. Yes, you want to keep going? I think we'll be in trouble in the control room if we do that. Thank you, Soledad. Coming up, money on your mind this election year? Isn't it always on your mind? We'll look at the ballot issues that will have the biggest impact on your bank account ahead.

(COMMERCIAL BREAK)

M. O'BRIEN: The war in Iraq may be the primary issue for American voters, but it's not the only issue on voters' minds. Remember the `It's the Economy, Stupid' slogan? Remember that? CNN's Gerri Willis has more on what people are thinking about when they get to the billfold issues.

GERRI WILLIS, CNN CORRESPONDENT: Right. Good to see you, Miles. Very different this year. Talk to folks about the election and you'll hear them mention issues from Iraq to terrorism to government ethics in Washington. But many voters have their minds closer to home -- namely, their home. A number of pocketbook initiatives will be decided across the country on Tuesday. And one of the biggest issues on the minds of homeowners this election is property taxes. The U.S. Census Bureau says property tax collections rose 35 percent in the last four years. -- that's a big number.

But some voters will have a chance to change all that.

(BEGIN VIDEO CLIP)

PETE SEPP, NATIONAL TAXPAYERS UNION: A total of ten states will vote on property tax relief, reform or special exemption measures, and three states will actually vote on property tax increases.

(END VIDEO CLIP)

WILLIS: It's not just the high-priced markets out there like California and New Jersey. One proposal in Tennessee allows voters to determine how much their property taxes can rise. And folks in one Alabama county will decide whether senior citizens can get a discount on their property taxes.

Also, minimum wage hikes are on the ballot in six states. If passed, these initiatives would not only raise the minimum wage, they would account for inflation, too, in the future. As you probably know, the federal minimum wage sits at $5.15 -- 7 million Americans earn the minimum wage.

Now, if you really want to get the attention of voters, talk about how the government is taking away private land for public development. Eminent domain is on the ballot in a dozen states, with California's Proposition 90 getting the most attention. If passed, Prop 90 would require the state to pay fair value to homeowners when taking their land away. Folks in Arizona, Michigan, New Hampshire, Oregon and Idaho will also decide eminent domain initiatives.

But perhaps the most interesting and unusual initiative on the ballot is Measure 42 in Oregon. Measure 42 would bar insurance companies from using credit scores to decide who gets homeowner and auto insurance and who goes without, and what that price tag will be. We'll talk more about this, 9:30 a.m. Eastern right here on CNN in "OPEN HOUSE" from Minneapolis.

M. O'BRIEN: Minneapolis?

WILLIS: We're going to Minneapolis because that -- the state of Minnesota has the highest rate of homeownership in the nation, yet Minneapolis is suffering with this nationwide housing boom gone bad.

M. O'BRIEN: We'll be watching.

WILLIS: Thank you.

M. O'BRIEN: Gerri Willis -- thank you very much.

Soledad?

S. O'BRIEN: Bill Bradley has already had two careers, first in basketball, then politics. Today, the man they once called `Dollar Bill' is still money.

CNN's Jen Rogers has more in this week's edition of "Life After Work."

(BEGIN VIDEOTAPE)

BILL BRADLEY, FMR SENATOR: I've decided to withdraw from the Democratic race for president.

JEN ROGERS, CNN CORRESPONDENT (voice-over): Bill Bradley exited the political stage more than six years ago.

BRADLEY: You never get over it. That doesn't mean that it eats away at your core like poison.

ROGERS: Failure is not familiar to Bill Bradley. His life story is one of legend. An all-American basketball player at Princeton, a Rhodes Scholar, a basketball Hall of Famer with two NBA championships, and 18 years as a Democratic senator from New Jersey. Now he's a private citizen.

BRADLEY: I was in public life to try to make the world a better place. Now that I'm in the private sector, I want to do the same thing.

ROGERS: One way Bradley hopes to make a difference, giving Americans something to feel good about.

BRADLEY: I'm Bill Bradley and this is American Voices only on Sirius satellite radio.

People say to me, do you miss anything about politics? And I said, Yes, I miss two things: I miss not doing public policy 24 hours-a-day and I miss the people.

BRADLEY: Bradley's weekly show features the underdogs and unsung heroes that make up the American landscape.

BRADLEY: This is why this show is so much fun. I have the total authority to give credit for anything that I'd like to give credit for. So you get credit for taking a risk and showing America your great singing voice.

ROGERS: His show, his books, his work as an investment banker make up the latest chapter in a storied career, but probably not the last.

BRADLEY: I'm having such a great time now that I couldn't imagine doing anything more than I'm doing at the moment. I wish there were 28 hours in the day.

ROGERS: Bradley jokes he would gladly return to the NBA.

BRADLEY: Get a few new hips and knees, who knows? Like they have a Designated Hitter in baseball, maybe they'll have a Designated Foul Shooter. If they have that, I'm right there.

ROGERS: But while he'd consider a return to the sports arena, Bradley says the political one is out, and he has no plans to run for office again.

Jen Rogers, CNN, New York.

(END VIDEOTAPE)

S. O'BRIEN: Ahead at the top of the hour, one million reasons to vote. Arizona voters could get a shot at big bucks. Tell you about the man behind this mission in our NEWSROOM. Stay with us.

(COMMERCIAL BREAK)

M. O'BRIEN: Out of time -- here's Tony and Heidi.

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