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Anderson Cooper 360 Degrees

President Clinton Lends a Hand to Kerry Campaign; Radio Talk Show Host Answer Questions from Live Audience

Aired October 25, 2004 - 19:00   ET

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


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


ANDERSON COOPER, HOST: Good evening. Live in Philadelphia, I'm Anderson Cooper.
Health scare on the Supreme Court, and how it might impact this election.

Battleground 360 starts now.

Thyroid cancer strikes Chief Justice William Rehnquist. Tonight, his surgery, his prognosis, and how it may impact this election.

How could it happen? Hundreds of tons of explosives gone missing in Iraq. Have they fallen into the hands of terrorists?

Former president Clinton rises from his sickbed to lend a helping hand to John Kerry. But can Clinton make Kerry the new comeback kid?

Eight days to go. And we have never-before-seen poll numbers. Will the new polls mean new strategies for Bush and Kerry?

Scott Peterson fights for his life. But why is the judge considering changing the charges against him? We're live from Redwood City.

And Ashlee Simpson bolts the stage in a lip-synching meltdown. Can she get her act in sync again?

ANNOUNCER: Live from Philadelphia, Pennsylvania, this is a special edition of ANDERSON COOPER 360.

COOPER: And good evening. We're live at the Museum of Art in Philadelphia.

Quadruple bypass surgery doesn't seem to have slowed Bill Clinton down too much. He campaigned today on John Kerry's behalf, first here in Pennsylvania, where we are right now, then hopped a plane to do the same in Miami. The stage is set there for him to show up in Miami. The former president's scheduled to appear pretty much any time now. You're looking at a live shot of the location in Miami where he's going to appear. We'll bring that to you live.

And, of course, the stars also came out for Mr. Bush today. Rudy Giuliani made a campaign appearance for the president in Iowa. And it was announced that Arnold Schwarzenegger will be out on the stump for him as well. That will happen soon, we are told. Well, back to Philadelphia right now. We're here, among other things, to take the pulse of the battleground state of Pennsylvania and the city in which the Declaration of Independence and the Constitution were actually written. A city that was the capital of the U.S. from 1790 to 1800 seems like a pretty good place to do that.

First, though, there was some startling news today. William Rehnquist, the 20th century's longest-serving chief justice of the United States Supreme Court, 18 years in that position, 32 years altogether on the bench at the Supreme Court, is in the hospital.

CNN's Kelli Arena reports now on what may be a very consequential development indeed.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT (voice-over): The disclosure that the chief justice has thyroid cancer and underwent a tracheotomy over the weekend shocked even some of the most ardent Supreme Court watchers.

BRAD BERENSON, FORMER SUPREME COURT CLERK: Everybody's been aware, really, for years that there could be a Supreme Court vacancy, but this is a very, very visible reminder of it in the homestretch of a presidential campaign.

ARENA: His doctors aren't talking. And the court said little, but projected an air of normalcy. In a statement, it said he is "expected to be on the bench when the court reconvenes next Monday."

CHIEF JUSTICE WILLIAM REHNQUIST, U.S. SUPREME COURT: Nothing is so dear and precious as time.

ARENA: Several senior government sources tell CNN the situation is far more serious than the public statement reveals but say it is unlikely the court will elaborate, especially with one week to go before the election.

EDWARD LAZARUS, AUTHOR, "CLOSED CHAMBER": They don't like the idea of the Supreme Court being a sort of political football that the candidates trot out at their convenience. They want to be seen above politics.

ARENA: Rehnquist is described as both proud and stubborn.

REHNQUIST: Don't get in my way.

ARENA: At 80, he's the second-oldest serving chief justice, a post he's held for 18 years. He joined the bench in 1972 and has led an increasingly conservative court.

BERENSON: The court has steadily but slowly moved more in his direction. He's come to be regarded as really a terrific chief justice, someone who has held the court together and affected its overall direction over quite a long period of time...

ARENA: The public knows him best from the impeachment trial of President Clinton.

(BEGIN VIDEO CLIP, December 12, 1998)

REHNQUIST: The said William Jefferson Clinton be, and he hereby is, acquitted of the charges in the said articles.

(END VIDEO CLIP)

(END VIDEOTAPE)

ARENA: Rehnquist also presided over Bush v. Gore in 2000, when the Supreme Court sided with Bush in a five-four decision. Legal experts are already speculating, if this election ends up in the high court as well, and Rehnquist cannot participate, that could leave the justices split at four-four, Anderson.

COOPER: Kelli Arena, thanks very much from Washington.

Covering this for us tonight, CNN senior legal analyst Jeffrey Toobin, who joins us tonight in New York.

Jeffrey, good to see you.

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Hey, Anderson.

COOPER: Let's talk about that a little bit. If it was split, if it was four to four, what would happen then?

TOOBIN: The decision of the lower court, the, the low, the, that decision is affirmed. There's a provision in the Supreme Court rules called "affirmed by an equally divided court, four to four." And keep in mind, last time that would have meant the Florida Supreme Court, which ruled that the recounts could continue.

So if William Rehnquist was not sitting on the bench four years ago in Bush v. Gore, Al Gore very well might be president today.

COOPER: Now, now if Rehnquist does retire, if President Bush is reelected, I suppose it doesn't make that big a difference. If John Kerry is elected, potential big difference.

TOOBIN: Enormous. If (UNINTELLIGIBLE), William Rehnquist is one of the three most conservative justices on the court, with Antonin Scalia and Clarence Thomas. If Bush is reelected, it is hard to imagine that the balance of the court would change very much. But if John Kerry were to win, and nominate a moderate liberal in the mold of Steven Breyer or Ruth Bader Ginsberg, you would see a lot of rulings that went five to four for criminal prosecutors. You know, (UNINTELLIGIBLE), those sorts of decisions tip the other way, could be a big, big difference.

COOPER: Rehnquist had voted originally, or was opposed to Roe v. Wade, has tried to have it overturned but so far, of course, unsuccessful. That, that, that would be a big difference if, if someone else was to replace him. TOOBIN: Enormous. You know, he's the last justice still on the Supreme Court who voted in Roe v. Wade. He's tried, every time abortion has been before the court, to say that the Constitution does not protect a woman's right to choose. He's come close. He has never won that, he's never won that position. He did not win on overturning affirmative action, something he opposes. He did not win on the Texas gay sodomy case which two years ago the Supreme Court said was protected by the right to privacy.

So the court has moved mostly in his direction, but on certain key issues, he's never won over his fellow justices.

COOPER: And at this point they say he will be back, will not be retiring. We'll see. Jeffrey Toobin, thanks very much.

TOOBIN: OK.

COOPER: From an unexpected development now to an unbelievable development. It came out today that a 380-ton cache of powerful explosives is missing from a facility south of Baghdad, a facility that was supposed to be under American military protection.

What happened? That's the question. More than three-quarters of a million pounds of explosive compound are unaccounted for right now and presumed stolen.

CNN senior Pentagon correspondent Jamie McIntyre has details.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN SENIOR PENTAGON CORRESPONDENT (voice-over): As part of the prewar sanctions, the International Atomic Energy Agency placed under seal some 380 tons of high explosives stored in bunkers at the massive al-Qaqaa facility south of Baghdad, explosives that could be used to trigger nuclear weapons, but also could be used for deadly conventional attacks.

Two weeks ago, October 10, Iraq's ministry of science and technology reported to the IAEA the explosives were "lost" and blamed "theft and looting of government installations due to lack of security" after April 9, 2003, the day Saddam Hussein's regime was toppled.

The Pentagon says the al-Qaqaa facility was a level two priority on a list of 500 sites to be searched and secured. U.S. officials say it was visited dozens of times by U.S. troops in the months following the invasion. And after searching 32 bunkers and 87 other buildings, they never came upon the stockpile.

ADAM ERELI, STATE DEPARTMENT SPOKESMAN: We did not find any explosives under seal. We did find some explosives that we, that were consolidated.

MCINTYRE: IAEA inspectors last checked the explosives in January of 2003, three months before the start of the war. But the agency admits it has no way to know if the explosives were moved before the invasion or looted afterwards.

Iraq is awash in weapons and munitions from the old regime, but the missing explosives, known as HMX and RDX, are more portable and powerful. Less than a pound is believed to have brought down Pan Am flight 103 over Lockerbie, Scotland, in 1988.

Democratic presidential candidate John Kerry seized on the report to argue the Bush administration blundered badly in not sending enough troops to Iraq to secure weapons and stop looters.

SEN. JOHN KERRY, DEMOCRATIC PRESIDENTIAL NOMINEE: Secretary Rumsfeld, we know, cavalierly dismissed the danger of looting, and now we know the impact.

(END VIDEOTAPE)

MCINTYRE: The Pentagon says it's ordered coalition forces and the Iraq Survey Group, the group that spearheaded the hunt for weapons of mass destruction, to provide, quote, "a comprehensive response," Anderson.

COOPER: So Jamie, just to clarify, they are not sure at this point whether those weapons were taken before Saddam fell or after?

MCINTYRE: The only thing, they know that they were there, or they believe they were in January of 2003. By the time the U.S. military got in control of the city, they saw no sign of them. What happened to them? Are they in the hands of insurgents? Did Saddam use them during the war? Are they moved someplace else? Nobody seems to know.

COOPER: All right, that's a big question indeed. Jamie McIntyre, thanks, from the Pentagon.

Quick news note, in a bloody and brazen event in Iraq, there's been no independent confirmation of the claim for the group headed by Abu Musab al-Zarqawi today said it was responsible for the killings over the weekend at this site. About 50 Iraqi soldiers who had just finished their training at boot camp and were headed home on furlough were shot execution-style. The soldiers were stopped at a phony checkpoint, forced to lie face down on the ground, before being killed by gunshots to the head.

Quite soon now, the number of days to the election will be smaller than the spread between the candidates in the polls. For the latest figures now, here is our man with the calculator, CNN senior political analyst Bill Schneider.

(BEGIN VIDEOTAPE)

WILLIAM SCHNEIDER, CNN SENIOR POLITICAL ANALYST (voice-over): It is getting closer. The CNN-"USA Today"-Gallup poll released today shows George W. Bush leading John Kerry by 5 points among likely voters nationwide, 51 to 46 percent. A week ago, Bush was leading by 8 points. A 5-point lead is within the margin of error for this poll. Among all registered voters, the race is even closer, Bush 49, Kerry 47. Today's CNN-"USA Today"-Gallup poll comes after four others released this weekend. They show a narrow Bush lead among likely voters ranging from 1 to 5 percent. The average, Bush 49 percent, Kerry 46.

And where does the race stand in the key battleground state of Florida? A CNN-"USA Today"-Gallup poll just released shows Bush with an 8-point lead. But a poll of polls in Florida shows a much closer race. Four Florida polls released since Friday average 48 percent for Bush, 46 for Kerry.

Bush has been trying to pull away in Florida by playing to the GOP base.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I'm a compassionate conservative and proudly so.

SCHNEIDER: While Kerry is playing to swing voters.

KERRY: This isn't about being a Democrat or a Republican. It is about bringing Democrats and Republicans together for a higher purpose.

SCHNEIDER: Can Kerry catch up? Seven percent of voters across the country say they have not firmly made up their minds, 62 percent of them are women. The swing voters top concern? Not terrorism, the economy.

Bill Schneider, CNN, Washington.

(END VIDEOTAPE)

COOPER: Well, a big day in Philadelphia today as tens of thousands turned out to see Senator Kerry and former president Clinton. We'll have that in a moment.

First, some other news happening right now cross-country. Let's take a look.

Nationwide, according to the FBI's annual crime report, violent crime dropped 3 percent last year. There were just under 1.4 million reported cases of murder, manslaughter, rape, robbery, and aggravated assault. But of those, murder was the only violent crime to increase in 2003, 1.7 percent.

Kansan (ph) Township, Ohio, now, an arrest in the gas station hit and run. Check out at this video. On Friday, car crashed into a gas pump, triggering a fire. A man on the other side of the pump luckily got out of harm's way, pulled his wife and his kids out of the car just in time. Investigators say a woman has turned herself in, admitting she was the driver in the crash.

Pittsburgh, Pennsylvania, now, a nasty fall on the ice over the weekend. A Russian world champion pairs skater fell during a lift. Ouch. Suffered a concussion. She admits she is in pain, but she says she's not scared to get back on the ice and could be back skating in 10 days. A nasty fall, that.

Las Vegas tonight, Ashlee Simpson gets another chance to sing on live TV. That's right, they're giving her another chance. After this bizarre moment, she walked off Saturday night after a lip-synching malfunction. Her dad blames acid reflux disease. I love that. As the old acid reflux.

Simpson is scheduled to sing tonight at the Radio Music Awards. We'll see if she brings her tape recorder with her, or her Prilosec, or whatever it is. All right. (UNINTELLIGIBLE), she did a little jig too, and then she just wandered off. It was crazy.

So are you ready for the 360 challenge? Later in the program, we're going to ask you three questions testing your knowledge of today's news. If you watched the program closely, you should be able to get them all. If you're the first to e-mail us all three correct answers, we'll send you a 360 T-shirt.

Also ahead tonight, the Clinton factor. He's on the stump for Kerry. You're looking at a live picture from Miami, where he is expected to speak any moment now. He did the same here in Philadelphia earlier today. We'll bring you some of that from Miami live when it happens.

Plus, the Scott Peterson trial. The judge may throw a curveball to the jury. Details on that.

First, let's take a look at your picks, the most popular stories on CNN.com right now.

(COMMERCIAL BREAK)

COOPER: And you're looking at a live picture in Miami, Florida. Bill Clinton in here in Pennsylvania earlier today, he's now down in Miami at a early voter rally, they're calling it. He'll be making some remarks shortly. We'll bring those to you live. President Clinton, this, of course, today, his first appearance on the campaign trail since recovering from heart surgery. There'll be short introductions by Senator Graham and then the president will speak.

Well, with only eight days to go, George Bush and John Kerry are taking out the big guns in their pursuit of the White House. Kerry gave us the return of Clinton today, as we said, Bush brought out Rudy Giuliani. Both continued their color-coded campaign, traveling to battleground states that aren't red or blue yet, just still shades in between.

We begin with senior White House correspondent John King, who is with the president in Davenport, Iowa.

(BEGIN VIDEOTAPE)

JOHN KING, CNN SENIOR WHITE HOUSE CORRESPONDENT (voice-over): In Colorado to open the final week, terrorism and leadership the issues the president wants voters to consider most in the end.

BUSH: Even when you might not agree with me, you know what I believe, where I stand, and what I intend to do.

KING: This headline hardly fit with Mr. Bush's message of strong wartime stewardship, 380 tons of missing explosives in Iraq, more evidence to the Kerry campaign of inept administration planning. The White House played down the episode and has turned its fire on Senator Kerry, twisting one of the Democrat's favorite lines, the president says a Kerry administration would be too weak and would react to terrorism instead of hunting the terrorists.

BUSH: My opponent has the wrong strategy for the wrong country at the wrong time.

KING: In accusing Mr. Bush of mismanaging the war on terror, Senator Kerry says, among other things, that the United States let Osama bin Laden escape after cornering him in Afghanistan. As he campaigned in Colorado and later in Iowa, Mr. Bush called it another flip-flop, quoting Senator Kerry from three years ago.

BUSH: I think we've been smart. I think the administration leadership has done it well, and we're on the right track. Well, all I can say is that I am George W. Bush and I approve of that message.

KING: Word Chief Justice William Rehnquist is hospitalized for cancer treatment added a new element to the campaign's final days. Mr. Bush made no mention of Rehnquist, but judges are a campaign flashpoint, and this speech line, after voicing opposition to abortion and gay marriage, is a conservative favorite.

BUSH: Well, I'll name federal judges who know the difference between personal opinion and the strict interpretation of the law.

KING (on camera): When the president was told of Chief Justice Rehnquist's hospitalization only this morning, the White House says he wishes Justice Rehnquist a speedy recovery. As for the potential political impact, some Republicans believe the news could increase intensity among social conservatives who, as one close adviser to the Bush campaign put it, view the Supreme Court as the Holy Grail of American government and politics, Anderson.

COOPER: All right, John King, thanks very much for that.

For John Kerry, Bill Clinton's return is better late than never. Like the star baseball player who's been on the (UNINTELLIGIBLE), D.L., the former president returned to the lineup today, batting cleanup for team Democrat. They were hoping he would send the first ball over the left field fence. Judging by his performance in Philly, he did.

Senior political correspondent Candy Crowley reports.

(BEGIN VIDEOTAPE)

CANDY CROWLEY, CNN SENIOR POLITICAL CORRESPONDENT (voice-over): Showtime in Love Park, Philadelphia.

FORMER PRESIDENT BILL CLINTON (D): If this isn't good for my heart, I don't know what is.

CROWLEY: He is the Democrats' power player, and not much can muscle Bill Clinton out of the headlines. But 380 tons of explosives missing in Iraq is a lot.

KERRY: This is one of the great additional blunders of Iraq, the unbelievable incompetence of this administration.

CROWLEY: The day's message came straight out of the day's news. But the picture was straight from the heart of the Democratic Party. Seven weeks after major bypass surgery, he looked a little thinner, sounded a little weak, but Bill Clinton still talks the talk better than anyone.

CLINTON: If one candidate is trying to scare you and the other one's trying to get you to think, if one candidate is appealing to your fears and the other one is appealing to your hopes, you better vote for the person who wants you to think and hope.

CROWLEY: Politicians appear alongside Bill Clinton at their own risk. He can make anyone look dull. John Kerry is no Bill Clinton, but he's revving it up with the homestretch with a riff on the president's debate performance.

KERRY: The president kept responding, It is hard work. It is hard work. It is hard work. Well, my fellow Americans, I am ready, and I would be privileged, and I am impatient to relieve this president of that hard work.

CROWLEY: Though both the former president and the wannabe president publicly dismissed the idea that Clinton can pull votes for Kerry, Kerry strategists privately think Clinton can help seal the deal. His overall favorable rating is higher than either Kerry or Bush, and the former president's ratings are higher than that still among suburban swing voters and African-Americans, two blocs critical to a Kerry victory.

Candy Crowley, CNN, Philadelphia.

(END VIDEOTAPE)

COOPER: A lot of people, a lot of people in the crowd here this evening went to the see President Clinton with Senator Kerry earlier today in Philadelphia.

Right now, you are seeing a live picture down in Miami. President Clinton flew down to Miami immediately from Philadelphia. Senator Graham is now speaking. Senator Clinton is expected -- President -- former president Clinton is expected to speak shortly. We'll bring you parts of his comments live. He's now got a schedule of several other states he's going to be going to. We'll be covering that a little bit later on tonight on 360.

A deadly earthquake and massive aftershocks in Japan to's our look at what's going on around the world in the uplink right now. Let's take a look. Saturday's 6.8-magnitude quake centered about 150 miles northwest of Tokyo and killed 26 people, drove 100,000 from their homes just after dawn today. Japan was hit again with a 5.6 magnitude aftershock, raising more concerns about the area's shaky infrastructure. Tonight there's another problem. Rain has been hitting soil loosened by the quakes, setting up the potential for mudslides.

Jerusalem now, strong accusations against Iran. Today Israeli Prime Minister Ariel Sharon said that Iran is doing everything it could to obtain nuclear weapons, a charge that Iran has denied. Sharon made the comments to build national unity over his policies and cut down resistance to his plan to withdraw from Gaza.

Kabul, Afghanistan, now, Hamid Karzai close to winning the nation's first presidential election. Ninety-seven percent of the ballots have been counting, and the interim president has more than 55 percent of the vote. Karzai won't be declared the winner, though, until the investigation into election fraud charges is complete.

Across Europe tonight, shocking smokers. The European Commission has unveiled a series of disturbing images that could soon be printed on cigarette packages to discourage smoking. Some of the images include rotting teeth and diseased body parts. Yikes. Similar campaigns have been successful in other countries.

That's a quick look at tonight's uplink.

Coming up next on 360, the Scott Peterson trial. With closing arguments just a week away, the judge may make the deliberations a little more complex. A live report next.

Also 360, tons of missing explosives, 380 tons, to be specific. And nearly 50 Iraqi soldiers massacred. Tonight, the raw politics of Iraq. Plus, Battleground 360. Voters here in Philly weigh in and talk politics.

Stay with us.

Philadelphia was the second capital of the United States. What was the first? The answer when we come back.

(COMMERCIAL BREAK)

COOPER: Earlier, we asked, Philadelphia was the second capital of the United States. What was the first? The answer is, New York.

And let's listen in as President Clinton speaks in Miami, his second campaign stop today.

CLINTON: ... and now he looks like the only 18-year-old person in Congress. But he is doing a great job, and I'm proud of him, and of his mother, who was great up here. Carrie Meek (ph), thank you. And of Congresswoman Corinne Brown, who came all the way down here from Jacksonville. Thank you. And Mayor Martinez gave a great speech, didn't he? That guy has no energy at all. He feels nothing about this election. I love that.

I know Alex Panellas (ph) was here earlier. I thank him. And I want to say that I am pulling for Betty Castor in that debate tonight, because we need her in the United States Senate. I have known her since I was a governor, and she was carrying the education banner here in Florida with then-Governor Graham.

I saw Representative Elaine Bloom and several other people earlier. I just want you to know I'm happy to be here. I feel at home. And I am grateful that the good Lord gave me a chance to keep on doing this.

(APPLAUSE)

Let me say something. I have never believed that in a presidential race, the mere presence of some candidate or some former president could change any votes. My mama used to tell me when she was still alive, she said, Bill, you can persuade me on any election except the president. I think I know as much about that as you do.

And people take this seriously. So let me say, as wonderful as you've been here to me tonight, I don't expect my presence to change any votes. But I hope you'll listen to my reasons for being for John Kerry, and maybe they will change some votes.

I couldn't agree more with what Bob Graham said. We face a great choice here. A choice between two different philosophies held by two men with very strong convictions that lead them to different policy choices that have different consequences for America.

You know, Bob, I was telling him, it was almost 24 years ago when Bob Graham invited me for the first time to appear before the Florida State Democratic Convention in early 1981. And I was thinking about this whole lifetime that he and I have lived together, the things that we have worked for, the things that we've believed in, the things that really matter.

And I have to say that just looking back on it over the last 25 years, if you look at his record as governor and senator and my record as governor and president, if you look at John Kerry's record as a senator and the 20 years he was there, if you look at what he did to reach across the aisle in important investigations in foreign policy, to reconcile with the Vietnamese and get an accounting for our POWs and MIAs -- something that was really important to me and to a lot of other people...

(APPLAUSE)

... if you look at what he did to help small business and move people from welfare to work and get the crime rate down and get the deficit down, that is the kind of thing that we did.

But Bob and I, we always kept score by what we did and whether it worked.

Now, the people that are on the other side, they keep score in a whole different way.

(LAUGHTER)

And they live in what my junior senator, Hillary, calls an "evidence-free zone." It's like, "We're right and that's all there is to it. We're entitled to be there and that's all there is to it."

You know, they criticize John Kerry throughout this campaign for saying he changed his positions. Well, let me tell you something. I have lived a long time, and I'm not running for anything. I can say what I please.

(LAUGHTER)

(APPLAUSE)

Only a very foolish person goes all the way through life and never changes position on anything in the face of new evidence.

(END LIVE EVENT)

COOPER: You're watching former president Clinton speaking live at a campaign event down in Miami. This is a second campaign stop today for John Kerry. He was here in Philadelphia earlier. We learned late today he'll go on to other important battleground states, New Mexico, Arkansas, and also going Nevada later on this week. Seven weeks just after undergoing quadruple bypass surgery he's up, he's about and he's running hard for Senator Kerry. He was in Philadelphia as we said earlier today and he appeared like his fans would want him to in true rock star fashion. Let's take a look.

Clearly we don't have that piece ready. We'll be back after a short break and show you the scene here in Philadelphia earlier today. Live from Philadelphia, we'll be right back.

(COMMERCIAL BREAK)

COOPER: We're live in Philadelphia. The timing probably wasn't the best for President Bush. Just a little more than a week from the election there is news that nearly 380 tons of explosives have disappeared in Iraq. Democrats pounced on it quickly trying to take the edge in a tight race and that's all about raw politics. Take look.

(BEGIN VIDEOTAPE)

COOPER: (voice-over): It just might go down as one of the fastest political responses in history. At 1:22 a.m. Kerry adviser Joe Lockhart issued a statement saying, quote, "today the Bush administration must answer for what may be the most grave and catastrophic mistake in a tragic series of blunders in Iraq." He was talking about reports that nearly 380 tons of explosives have gone missing in Iraq. A story that wouldn't hit the airwaves for hours.

UNIDENTIFIED FEMALE: A huge of cache of powerful conventional explosives have reportedly vanished. COOPER: And it hit the "New York Times" website only two hours and 34 minutes before. While the Bush camp tried to take a wait and see stance...

TERRY HOLT, BUSH-CHENEY '04 PRESS SECRETARY: I think we should let the experts and military people get to the bottom of it before we turn it into a political football.

COOPER: The Kerry campaign kept up the attack.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: After being warned about the danger of major stockpiles of explosives in Iraq, this president failed to guard those stockpiles where nearly 380 tons of highly explosive weapons were kept.

COOPER: Why this mad rush to turn the missing weapons into nonstop news? The answer could be in the numbers. A recent CNN poll shows that most voters believe President Bush will do a better job handling Iraq but 22 percent of voters say Iraq is the issue driving their votes. The majority of them say they'll vote for Kerry. With just eight days remaining until the election, both campaigns are watching the headlines closely looking for any story that helps them or hurts the other guy in raw politics.

(END VIDEOTAPE)

(on camera): Joining me to talk about Iraq and how it may impact this election only eight days away, from Arlington, Virginia, Bush- Cheney communications director Nicolle Devenish, good to see you and from Warren, Michigan, Kerry communications director Stephanie Cutter. Good to see you, as well.

Nicolle, let me start with you. President Bush all along has said that he listens to the commanders on the ground in Iraq. Ambassador Bremer has now came out and said in a speech that there weren't enough troops on the ground, that he lobbied for more troops. Does the president still believe he hasn't made any mistakes in Iraq?

NICOLLE DEVENISH, BUSH-CHENEY SPOKESPERSON: I think you have heard him address the question about mistakes as recently as this morning on "Good Morning America." This president takes responsibility for everything that happens on his watch. You know, it is funny and you know what you should keep an eye on in the final eight days. You have to wonder what was John Kerry going talk about today if he hadn't had the attack ripped out of the "New York Times?" Another important point, 400,000 tons of explosives and weapons have been destroyed or in the process of being destroyed in Iraq it is typical of John Kerry and his politics of pessimism and attack to rip the bad headlines out of the "New York Times" and use them to beat his opponent. It's also a sign that he is completely of any positive vision for the future.

COOPER: So you're saying you're not concerned about 380 tons of explosives? I mean I know it's 400,000 tons that you say has been gotten rid of but 380 tons to me sounds like lot. DEVENISH: Come on, Anderson, I think everybody on the ground in Iraq, our allies and our troops are working hard and success is obviously the goal. But, you know, making partisan political attacks to score political points is now a pattern. We spend a lot of time talking about John Kerry's pattern of inserting below the belt attacks into his daily campaign message. I really can't imagine what their message meeting is like. They flip through the pages, and, hey, I got one on A6. This is not a campaign of hope.

I love that you broadcasting from where Clinton was today, he was the last Democrat to capture the imagination of the Democratic Party. And you can see why. And I think, it's entirely appropriate to be there and broadcasting from the scene of his return and take his remarks live because it reminds us of what is so deficient in John Kerry's politics of pessimism and cynical attacks based on "New York Times" headlines.

COOPER: Let me bring in Stephanie. Stephanie, did Senator Kerry have anything to talk about before the 380 tons went missing?

STEPHANIE CUTTER, KERRY-EDWARDS SPOKESPERSON: Well, yes we did. We had a lot to talk about. I'm not sure what Nicolle thinks this is, but we're in the middle of a presidential campaign. But there's nothing less than the president's record on the ballot in eight days. The president's record as demonstrated in the "New York Times" today, it was under his watch the weapons weren't protected. It was under his watch that Iraq is a mess today. That's what's on the ballot. That's what needs to be debated. If she doesn't want to debate exactly what the president's record, then they must have a hard time talking about it which is why they are attacking John Kerry.

DEVENISH: Stephanie can't even -- Anderson, Stephanie can't even explain to you John Kerry's position on Iraq. He was for it. He was against it. He was for it for a couple of days.

CUTTER: I would be happy -- if you want me to take the time to explain John Kerry's position on Iraq.

COOPER: All right, Stephanie, why don't you go ahead.

CUTTER: John Kerry believe it is was right to hold Saddam Hussein accountable. But the president went the wrong way. He went without allies, he went without troops.

DEVENISH: So, Tony Blair is not an ally?

CUTTER: George Bush is the commander in chief, the mess in Iraq is his responsibility. And he still hasn't taken responsibility yet. He can admit mistakes all he wants, but he has not admitted the mistake to send our troops to battle without what the ammunition they need, without the adequate number of troops to guard these weapons stock piles.

COOPER: Nicolle.

DEVENISH: Anderson. COOPER: Nicolle. Are there enough troops on the ground right now, I mean, protecting these weapon cashes, protecting the borders?

Do you still think there are enough troops on the ground?

DEVENISH: As a campaign official, I'm not going make news on your show. But Stephanie just did. I mean, her -- the Kerry position is that Tony Blair is not an ally. To say that we went to war in Iraq with no allies is wrong. What is Tony Blair then, is he not an ally? Is he not a key ally. he understand the importance of success.

COOPER: I don't think she's saying he's not an ally.

Well, Stephanie, what were you trying to say? I don't want to speak for you.

CUTTER: We did not go with the world support which is the way the United States should go to war. The United States should be a leader. And we didn't lead this time.

COOPER: Would John Kerry have been able to do anything differently in order to protect these weapon caches?

CUTTER: He laid out his position on the floor of the Senate before we went to war. He said, Mr. President, don't go to war unless you have the world behind you. Don't go to war until you go to the United Nations. Don't go to war without the equipment to protect our troops. George Bush, did everything wrong. It's going to take a fresh start to get it right in Iraq.

COOPER: We're going to have to leave it there. Stephanie Cutter, Nicolle Devenish, we appreciate you joining us. Thanks very much.

360 next the crowd gets involved. We're going to let get to ask campaign questions, a political Q-and-A coming up next.

(COMMERCIAL BREAK)

COOPER: Time for today's "360 Challenge." Be the first to e- mail us all three answers correctly, we'll send you a 360 T-shirt.

Question no. 1, William Rehnquist has been chief justice of the U.S. Supreme Court for how many years?

Question no. 2, Scott Peterson celebrated which birthday yesterday in jail?

And finally, which singing Simpson sister was caught lip-synching on "Saturday Night Live"?

There is only two after all.

Take the challenge. Log on to cnn.com/360. Click on the challenge link. Answer first, we'll send you a 360 T-shirt.

Coming up we'll also have the answers and also announce Friday's winner.

Well, on election day President Bush and John Kerry will go after 21 electoral votes right here in Pennsylvania and the battleground state is still up for grabs. In a Mason Dixon Poll taken last week for the "Pittsburgh Post-Gazette," Kerry leads Bush 46 percent to 44 percent but there are still many undecided voters here in Pennsylvania.

Joining me now, two Philadelphia radio talk show hosts. Two of the best, Mary Mason, and Michael Smerconish. They're brave. They agreed to take questions from some of the people in our audience. Appreciate both of you being with us.

Lets start off with you. Your name and your question.

UNIDENTIFIED MALE: My name is Matt Duncan (ph), I'm from Rochester (ph), New York. And my question is probably for Mary.

John Kerry was criticized for being a flip-flopper, not having a position on Iraq some may say, will this issue play with the voters on the second of November?

MARY MASON, RADIO TALK SHOW HOST: I don't think so. I think the word flip-flop was used because it sounds good. It sounds good because it rhymes. I don't think he's a flip-flopper. I think just like President Clinton whom I was with today said, he said what he said and it changed his mind. What man or woman in this world not allowed to change their mind?

The answer to that is no.

COOPER: Do you think a flip-flop has been an effective?

MICHAEL SMERCONISH, RADIO TALK SHOW HOST: I think it's been effective. In a time of war people want consistency, even where they disagree with this president. And consequently, even though the war is an unpopular war, for his consistency there are people rallying around this president and I think here in Pennsylvania it will play well for him.

COOPER: All right. Your name and your question.

UNIDENTIFIED MALE: Hi, my name is Russell Meness (ph). My question goes to either of you. In light of the court's ruling the other day that Ralph Nader won't be on the Pennsylvania ballot, do you think this solidly pushes Pennsylvania to Kerry or do you think it's still a toss up state?

SMERCONISH: Go ahead, Mary.

MASON: I think -- I don't think Ralph Nader matters. That's kind of hard to tell. First of all, I don't believe the polls. I've been in this business long enough to know that the polls never tell you the truth because they don't go to that many people.

How many people in here have been called by poller? Come on. Really? There you are. Well, I've been a broadcaster for 47 years, and I nor any member of my family has ever been called.

COOPER: Do you think Kerry will win Pennsylvania?

MASON: Absolutely. Absolutely.

COOPER: Very partisan crowd here, Michael.

SMERCONISH: The real impact of the Nader situation is that it delayed the deliver of absentee ballots in Pennsylvania. And 26,000 service personnel overseas didn't get their ballots on time and consequently haven't been able to return them. And now one of the issues for Governor Rendell is, is will he act to extend the time period for the counting of those ballots. And I sure hope that he does, because the folks who have a lot on the line are the people who are serving over in Afghanistan and Iraq and of all people their votes should count.

COOPER: But, Michael, you don't think Kerry's going to win Pennsylvania.

SMERCONISH: No, I don't think that he will Pennsylvania. I think that W wins Pennsylvania this time around. And not because of what goes on in the city but because of what goes on in suburbia.

COOPER: Hey! Hey! Let him speak. Hey.

SMERCONISH: Listen. We've got -- you know we got a red and blue situation here. Mary, speaks to an audience that is hardcore for John Kerry. And I think, to the contrary I speak to a crowd of suburbanites who are very much for the president. It depends where you are. If you're in the suburbs right now, you'd have an entirely different crowd around you.

COOPER: We're going to take some more questions. We're going to take some more questions right after the break. We'll be right back. A lot more questions from the audience. And accept the "360 Challenge," how closely have you been following todays news. Answer all three questions correctly, you could be a 360 winner. We'll be right back.

(COMMERCIAL BREAK)

COOPER: We are back live in Philadelphia where our motley assortment of young students and people and Philadelphians are here to ask questions to radio talk show host, Mary Mason and Michael Smerconish.

Appreciate both of you accepting this challenge.

All right, your name and your question?

UNIDENTIFIED FEMALE: My name is Melissa Ushaun (ph). I go to the University of Pennsylvania Law School. My question is in light of Chief Justice Rehnquist diagnosis of cancer today, do you think Supreme Court nominations will play a bigger role in the final week of campaigning?

COOPER: Michael.

SMERCONISH: Well, I hope that they will. By the way, that's my alma mater, it's a great law school. I hope that they will, because unfortunately, it's probably the most important issue in this race beyond the war on terror at least in my opinion, because the president has the power to appoint the federal judiciary. But it is a snooze. I know that when I'm host my program, if I tie and draw people in on those issues it's sometimes hard to do. It's critically important and I hope that how it's front and center.

COOPER: Mary, do you want to weigh in.

MASON: Well, I don't think we know the degree of his cancer. He may be around four more years, you know. And whoever is in, which will be Kerry of course, will make the appointment. But I think it's going to be an issue, no question about it.

COOPER: All right, your name and your question.

UNIDENTIFIED MALE: My name is Eli. And my question is for Mary. What affect will Clinton's return to the campaign trail have on this election?

MASON: What's the last part of this?

UNIDENTIFIED MALE: What affect will Clinton's return to the campaign trial have on the election?

MASON: Oh, my goodness, honey child, I was there. I was there. I was there. It is awesome. I mean, they say is 100,000 people. It's just unbelievable. You can't describe it. The man is like a piece of magic. You know, it's going to have a tremendous effect. You just saw what he's doing in Florida. And by the way, this was obviously a last minute add on because he was only supposed to come, I think, to Philadelphia and he's going New Mexico. He's going to be -- watch those polls after this.

COOPER: Michael, it clearly energizes Mary and the base.

Does it alienate anyone?

SMERCONISH: Oh, Absolutely, for every individual who's there watching as Mary was and is euphoric as if Bono had some how come out into Philadelphia, I can assure you there are folks who are sitting out there watching their television set, and saying by God, I'm getting out to vote in eight days because I can't take more of Kerry and his buddy Clinton.

(APPLAUSE)

(BOOS)

MASON: No. That's not true. That's not true.

COOPER: Not true, Mary? Not true?

MASON: I think that I -- I think that what -- I think the Democratic party...

(APPLAUSE)

COOPER: Mary, (UNINTELLIGIBLE).

MASON: I think the Democratic Party has been tremendously energized by the college students. We've registered so many college students over the last (UNINTELLIGIBLE) and they're voting.

COOPER: Mary. Mary Mason, we appreciate you joining us.

Michael Smerconish, as well. We're out of time for the audience part.

Guys, I appreciate it. I'm sorry we didn't get to you, but great questions.

360 next, going to the polls in memoriam, how the dearly departed could have an impact on election day. I'm not kidding. We'll take that to "The Nth Degree."

And tomorrow, comedian Bill Maher, unplugged. We'll get his take on the battle between Bush and Kerry. And the "360 Challenge," here's another look at tonight's question. Be first to e-mail us the answers gets a 360 T-shirt. Long on to cnn.com/360. A play -- answers when we come back.

(END VIDEOTAPE)

COOPER: Time for the answers to today's "360 Challenge."

No. 1, William Rehnquist has been chief justice of the U.S. Supreme Court for how many years? The answer is 18

No. 2, Scott Peterson celebrated which birthday yesterday in jail?

The answer, 32.

And finally, which singing Simpsons sister was caught lip- synching on "Saturday Night Live"?

The answer, Ashlee.

The first person to answer all three questions correctly will be sent a 360 T-shirt. Tune in tomorrow to find out if you're the winner. Friday's winner we can announce is Vince Concel from Cleveland, Ohio. Thank you for playing, Vince and a 360 T-shirt on the way.

Another challenge, another chance to win tomorrow. Oh, that's a picture of Vince, there you go. Finally tonight, taking last licks to the grave "The Nth Degree." You know, what last licks are, yes? They represent an absolutely final opportunity to act or have your say, speak now or forever hold your peace is the wedding ceremony version. We'll, there's a new trend in this area. Here you have the obituary of a Mr. William Thomaset (ph) of Angleton, Texas. It does what most obituary do, pays tribute to the deceased, summarizes achievement, acknowledges his loved ones and so on. And then does something else, it asks those that knew Thomaset not to send flowers, "Bill would be most honored and gratified," the obituary says, "by your vote for the Bush/Cheney ticket in November."

Not kidding. Not kidding, it's real. Nor is this an isolated case, we are actually seeing a number of other such final pleas. Some for the president, some for Mr. Kerry. Seems therefore time, therefore to drop the other shoe and consider some new farewell accessories, partisan caskets say or tombstones. Just because your gone doesn't mean your not entitled to an opinion. Why not cemetery campaigning, who knows.

I'm Anderson Cooper, thanks for watching 360. Coming up next, "PAULA ZAHN NOW."

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


Aired October 25, 2004 - 19:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ANDERSON COOPER, HOST: Good evening. Live in Philadelphia, I'm Anderson Cooper.
Health scare on the Supreme Court, and how it might impact this election.

Battleground 360 starts now.

Thyroid cancer strikes Chief Justice William Rehnquist. Tonight, his surgery, his prognosis, and how it may impact this election.

How could it happen? Hundreds of tons of explosives gone missing in Iraq. Have they fallen into the hands of terrorists?

Former president Clinton rises from his sickbed to lend a helping hand to John Kerry. But can Clinton make Kerry the new comeback kid?

Eight days to go. And we have never-before-seen poll numbers. Will the new polls mean new strategies for Bush and Kerry?

Scott Peterson fights for his life. But why is the judge considering changing the charges against him? We're live from Redwood City.

And Ashlee Simpson bolts the stage in a lip-synching meltdown. Can she get her act in sync again?

ANNOUNCER: Live from Philadelphia, Pennsylvania, this is a special edition of ANDERSON COOPER 360.

COOPER: And good evening. We're live at the Museum of Art in Philadelphia.

Quadruple bypass surgery doesn't seem to have slowed Bill Clinton down too much. He campaigned today on John Kerry's behalf, first here in Pennsylvania, where we are right now, then hopped a plane to do the same in Miami. The stage is set there for him to show up in Miami. The former president's scheduled to appear pretty much any time now. You're looking at a live shot of the location in Miami where he's going to appear. We'll bring that to you live.

And, of course, the stars also came out for Mr. Bush today. Rudy Giuliani made a campaign appearance for the president in Iowa. And it was announced that Arnold Schwarzenegger will be out on the stump for him as well. That will happen soon, we are told. Well, back to Philadelphia right now. We're here, among other things, to take the pulse of the battleground state of Pennsylvania and the city in which the Declaration of Independence and the Constitution were actually written. A city that was the capital of the U.S. from 1790 to 1800 seems like a pretty good place to do that.

First, though, there was some startling news today. William Rehnquist, the 20th century's longest-serving chief justice of the United States Supreme Court, 18 years in that position, 32 years altogether on the bench at the Supreme Court, is in the hospital.

CNN's Kelli Arena reports now on what may be a very consequential development indeed.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT (voice-over): The disclosure that the chief justice has thyroid cancer and underwent a tracheotomy over the weekend shocked even some of the most ardent Supreme Court watchers.

BRAD BERENSON, FORMER SUPREME COURT CLERK: Everybody's been aware, really, for years that there could be a Supreme Court vacancy, but this is a very, very visible reminder of it in the homestretch of a presidential campaign.

ARENA: His doctors aren't talking. And the court said little, but projected an air of normalcy. In a statement, it said he is "expected to be on the bench when the court reconvenes next Monday."

CHIEF JUSTICE WILLIAM REHNQUIST, U.S. SUPREME COURT: Nothing is so dear and precious as time.

ARENA: Several senior government sources tell CNN the situation is far more serious than the public statement reveals but say it is unlikely the court will elaborate, especially with one week to go before the election.

EDWARD LAZARUS, AUTHOR, "CLOSED CHAMBER": They don't like the idea of the Supreme Court being a sort of political football that the candidates trot out at their convenience. They want to be seen above politics.

ARENA: Rehnquist is described as both proud and stubborn.

REHNQUIST: Don't get in my way.

ARENA: At 80, he's the second-oldest serving chief justice, a post he's held for 18 years. He joined the bench in 1972 and has led an increasingly conservative court.

BERENSON: The court has steadily but slowly moved more in his direction. He's come to be regarded as really a terrific chief justice, someone who has held the court together and affected its overall direction over quite a long period of time...

ARENA: The public knows him best from the impeachment trial of President Clinton.

(BEGIN VIDEO CLIP, December 12, 1998)

REHNQUIST: The said William Jefferson Clinton be, and he hereby is, acquitted of the charges in the said articles.

(END VIDEO CLIP)

(END VIDEOTAPE)

ARENA: Rehnquist also presided over Bush v. Gore in 2000, when the Supreme Court sided with Bush in a five-four decision. Legal experts are already speculating, if this election ends up in the high court as well, and Rehnquist cannot participate, that could leave the justices split at four-four, Anderson.

COOPER: Kelli Arena, thanks very much from Washington.

Covering this for us tonight, CNN senior legal analyst Jeffrey Toobin, who joins us tonight in New York.

Jeffrey, good to see you.

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Hey, Anderson.

COOPER: Let's talk about that a little bit. If it was split, if it was four to four, what would happen then?

TOOBIN: The decision of the lower court, the, the low, the, that decision is affirmed. There's a provision in the Supreme Court rules called "affirmed by an equally divided court, four to four." And keep in mind, last time that would have meant the Florida Supreme Court, which ruled that the recounts could continue.

So if William Rehnquist was not sitting on the bench four years ago in Bush v. Gore, Al Gore very well might be president today.

COOPER: Now, now if Rehnquist does retire, if President Bush is reelected, I suppose it doesn't make that big a difference. If John Kerry is elected, potential big difference.

TOOBIN: Enormous. If (UNINTELLIGIBLE), William Rehnquist is one of the three most conservative justices on the court, with Antonin Scalia and Clarence Thomas. If Bush is reelected, it is hard to imagine that the balance of the court would change very much. But if John Kerry were to win, and nominate a moderate liberal in the mold of Steven Breyer or Ruth Bader Ginsberg, you would see a lot of rulings that went five to four for criminal prosecutors. You know, (UNINTELLIGIBLE), those sorts of decisions tip the other way, could be a big, big difference.

COOPER: Rehnquist had voted originally, or was opposed to Roe v. Wade, has tried to have it overturned but so far, of course, unsuccessful. That, that, that would be a big difference if, if someone else was to replace him. TOOBIN: Enormous. You know, he's the last justice still on the Supreme Court who voted in Roe v. Wade. He's tried, every time abortion has been before the court, to say that the Constitution does not protect a woman's right to choose. He's come close. He has never won that, he's never won that position. He did not win on overturning affirmative action, something he opposes. He did not win on the Texas gay sodomy case which two years ago the Supreme Court said was protected by the right to privacy.

So the court has moved mostly in his direction, but on certain key issues, he's never won over his fellow justices.

COOPER: And at this point they say he will be back, will not be retiring. We'll see. Jeffrey Toobin, thanks very much.

TOOBIN: OK.

COOPER: From an unexpected development now to an unbelievable development. It came out today that a 380-ton cache of powerful explosives is missing from a facility south of Baghdad, a facility that was supposed to be under American military protection.

What happened? That's the question. More than three-quarters of a million pounds of explosive compound are unaccounted for right now and presumed stolen.

CNN senior Pentagon correspondent Jamie McIntyre has details.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN SENIOR PENTAGON CORRESPONDENT (voice-over): As part of the prewar sanctions, the International Atomic Energy Agency placed under seal some 380 tons of high explosives stored in bunkers at the massive al-Qaqaa facility south of Baghdad, explosives that could be used to trigger nuclear weapons, but also could be used for deadly conventional attacks.

Two weeks ago, October 10, Iraq's ministry of science and technology reported to the IAEA the explosives were "lost" and blamed "theft and looting of government installations due to lack of security" after April 9, 2003, the day Saddam Hussein's regime was toppled.

The Pentagon says the al-Qaqaa facility was a level two priority on a list of 500 sites to be searched and secured. U.S. officials say it was visited dozens of times by U.S. troops in the months following the invasion. And after searching 32 bunkers and 87 other buildings, they never came upon the stockpile.

ADAM ERELI, STATE DEPARTMENT SPOKESMAN: We did not find any explosives under seal. We did find some explosives that we, that were consolidated.

MCINTYRE: IAEA inspectors last checked the explosives in January of 2003, three months before the start of the war. But the agency admits it has no way to know if the explosives were moved before the invasion or looted afterwards.

Iraq is awash in weapons and munitions from the old regime, but the missing explosives, known as HMX and RDX, are more portable and powerful. Less than a pound is believed to have brought down Pan Am flight 103 over Lockerbie, Scotland, in 1988.

Democratic presidential candidate John Kerry seized on the report to argue the Bush administration blundered badly in not sending enough troops to Iraq to secure weapons and stop looters.

SEN. JOHN KERRY, DEMOCRATIC PRESIDENTIAL NOMINEE: Secretary Rumsfeld, we know, cavalierly dismissed the danger of looting, and now we know the impact.

(END VIDEOTAPE)

MCINTYRE: The Pentagon says it's ordered coalition forces and the Iraq Survey Group, the group that spearheaded the hunt for weapons of mass destruction, to provide, quote, "a comprehensive response," Anderson.

COOPER: So Jamie, just to clarify, they are not sure at this point whether those weapons were taken before Saddam fell or after?

MCINTYRE: The only thing, they know that they were there, or they believe they were in January of 2003. By the time the U.S. military got in control of the city, they saw no sign of them. What happened to them? Are they in the hands of insurgents? Did Saddam use them during the war? Are they moved someplace else? Nobody seems to know.

COOPER: All right, that's a big question indeed. Jamie McIntyre, thanks, from the Pentagon.

Quick news note, in a bloody and brazen event in Iraq, there's been no independent confirmation of the claim for the group headed by Abu Musab al-Zarqawi today said it was responsible for the killings over the weekend at this site. About 50 Iraqi soldiers who had just finished their training at boot camp and were headed home on furlough were shot execution-style. The soldiers were stopped at a phony checkpoint, forced to lie face down on the ground, before being killed by gunshots to the head.

Quite soon now, the number of days to the election will be smaller than the spread between the candidates in the polls. For the latest figures now, here is our man with the calculator, CNN senior political analyst Bill Schneider.

(BEGIN VIDEOTAPE)

WILLIAM SCHNEIDER, CNN SENIOR POLITICAL ANALYST (voice-over): It is getting closer. The CNN-"USA Today"-Gallup poll released today shows George W. Bush leading John Kerry by 5 points among likely voters nationwide, 51 to 46 percent. A week ago, Bush was leading by 8 points. A 5-point lead is within the margin of error for this poll. Among all registered voters, the race is even closer, Bush 49, Kerry 47. Today's CNN-"USA Today"-Gallup poll comes after four others released this weekend. They show a narrow Bush lead among likely voters ranging from 1 to 5 percent. The average, Bush 49 percent, Kerry 46.

And where does the race stand in the key battleground state of Florida? A CNN-"USA Today"-Gallup poll just released shows Bush with an 8-point lead. But a poll of polls in Florida shows a much closer race. Four Florida polls released since Friday average 48 percent for Bush, 46 for Kerry.

Bush has been trying to pull away in Florida by playing to the GOP base.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I'm a compassionate conservative and proudly so.

SCHNEIDER: While Kerry is playing to swing voters.

KERRY: This isn't about being a Democrat or a Republican. It is about bringing Democrats and Republicans together for a higher purpose.

SCHNEIDER: Can Kerry catch up? Seven percent of voters across the country say they have not firmly made up their minds, 62 percent of them are women. The swing voters top concern? Not terrorism, the economy.

Bill Schneider, CNN, Washington.

(END VIDEOTAPE)

COOPER: Well, a big day in Philadelphia today as tens of thousands turned out to see Senator Kerry and former president Clinton. We'll have that in a moment.

First, some other news happening right now cross-country. Let's take a look.

Nationwide, according to the FBI's annual crime report, violent crime dropped 3 percent last year. There were just under 1.4 million reported cases of murder, manslaughter, rape, robbery, and aggravated assault. But of those, murder was the only violent crime to increase in 2003, 1.7 percent.

Kansan (ph) Township, Ohio, now, an arrest in the gas station hit and run. Check out at this video. On Friday, car crashed into a gas pump, triggering a fire. A man on the other side of the pump luckily got out of harm's way, pulled his wife and his kids out of the car just in time. Investigators say a woman has turned herself in, admitting she was the driver in the crash.

Pittsburgh, Pennsylvania, now, a nasty fall on the ice over the weekend. A Russian world champion pairs skater fell during a lift. Ouch. Suffered a concussion. She admits she is in pain, but she says she's not scared to get back on the ice and could be back skating in 10 days. A nasty fall, that.

Las Vegas tonight, Ashlee Simpson gets another chance to sing on live TV. That's right, they're giving her another chance. After this bizarre moment, she walked off Saturday night after a lip-synching malfunction. Her dad blames acid reflux disease. I love that. As the old acid reflux.

Simpson is scheduled to sing tonight at the Radio Music Awards. We'll see if she brings her tape recorder with her, or her Prilosec, or whatever it is. All right. (UNINTELLIGIBLE), she did a little jig too, and then she just wandered off. It was crazy.

So are you ready for the 360 challenge? Later in the program, we're going to ask you three questions testing your knowledge of today's news. If you watched the program closely, you should be able to get them all. If you're the first to e-mail us all three correct answers, we'll send you a 360 T-shirt.

Also ahead tonight, the Clinton factor. He's on the stump for Kerry. You're looking at a live picture from Miami, where he is expected to speak any moment now. He did the same here in Philadelphia earlier today. We'll bring you some of that from Miami live when it happens.

Plus, the Scott Peterson trial. The judge may throw a curveball to the jury. Details on that.

First, let's take a look at your picks, the most popular stories on CNN.com right now.

(COMMERCIAL BREAK)

COOPER: And you're looking at a live picture in Miami, Florida. Bill Clinton in here in Pennsylvania earlier today, he's now down in Miami at a early voter rally, they're calling it. He'll be making some remarks shortly. We'll bring those to you live. President Clinton, this, of course, today, his first appearance on the campaign trail since recovering from heart surgery. There'll be short introductions by Senator Graham and then the president will speak.

Well, with only eight days to go, George Bush and John Kerry are taking out the big guns in their pursuit of the White House. Kerry gave us the return of Clinton today, as we said, Bush brought out Rudy Giuliani. Both continued their color-coded campaign, traveling to battleground states that aren't red or blue yet, just still shades in between.

We begin with senior White House correspondent John King, who is with the president in Davenport, Iowa.

(BEGIN VIDEOTAPE)

JOHN KING, CNN SENIOR WHITE HOUSE CORRESPONDENT (voice-over): In Colorado to open the final week, terrorism and leadership the issues the president wants voters to consider most in the end.

BUSH: Even when you might not agree with me, you know what I believe, where I stand, and what I intend to do.

KING: This headline hardly fit with Mr. Bush's message of strong wartime stewardship, 380 tons of missing explosives in Iraq, more evidence to the Kerry campaign of inept administration planning. The White House played down the episode and has turned its fire on Senator Kerry, twisting one of the Democrat's favorite lines, the president says a Kerry administration would be too weak and would react to terrorism instead of hunting the terrorists.

BUSH: My opponent has the wrong strategy for the wrong country at the wrong time.

KING: In accusing Mr. Bush of mismanaging the war on terror, Senator Kerry says, among other things, that the United States let Osama bin Laden escape after cornering him in Afghanistan. As he campaigned in Colorado and later in Iowa, Mr. Bush called it another flip-flop, quoting Senator Kerry from three years ago.

BUSH: I think we've been smart. I think the administration leadership has done it well, and we're on the right track. Well, all I can say is that I am George W. Bush and I approve of that message.

KING: Word Chief Justice William Rehnquist is hospitalized for cancer treatment added a new element to the campaign's final days. Mr. Bush made no mention of Rehnquist, but judges are a campaign flashpoint, and this speech line, after voicing opposition to abortion and gay marriage, is a conservative favorite.

BUSH: Well, I'll name federal judges who know the difference between personal opinion and the strict interpretation of the law.

KING (on camera): When the president was told of Chief Justice Rehnquist's hospitalization only this morning, the White House says he wishes Justice Rehnquist a speedy recovery. As for the potential political impact, some Republicans believe the news could increase intensity among social conservatives who, as one close adviser to the Bush campaign put it, view the Supreme Court as the Holy Grail of American government and politics, Anderson.

COOPER: All right, John King, thanks very much for that.

For John Kerry, Bill Clinton's return is better late than never. Like the star baseball player who's been on the (UNINTELLIGIBLE), D.L., the former president returned to the lineup today, batting cleanup for team Democrat. They were hoping he would send the first ball over the left field fence. Judging by his performance in Philly, he did.

Senior political correspondent Candy Crowley reports.

(BEGIN VIDEOTAPE)

CANDY CROWLEY, CNN SENIOR POLITICAL CORRESPONDENT (voice-over): Showtime in Love Park, Philadelphia.

FORMER PRESIDENT BILL CLINTON (D): If this isn't good for my heart, I don't know what is.

CROWLEY: He is the Democrats' power player, and not much can muscle Bill Clinton out of the headlines. But 380 tons of explosives missing in Iraq is a lot.

KERRY: This is one of the great additional blunders of Iraq, the unbelievable incompetence of this administration.

CROWLEY: The day's message came straight out of the day's news. But the picture was straight from the heart of the Democratic Party. Seven weeks after major bypass surgery, he looked a little thinner, sounded a little weak, but Bill Clinton still talks the talk better than anyone.

CLINTON: If one candidate is trying to scare you and the other one's trying to get you to think, if one candidate is appealing to your fears and the other one is appealing to your hopes, you better vote for the person who wants you to think and hope.

CROWLEY: Politicians appear alongside Bill Clinton at their own risk. He can make anyone look dull. John Kerry is no Bill Clinton, but he's revving it up with the homestretch with a riff on the president's debate performance.

KERRY: The president kept responding, It is hard work. It is hard work. It is hard work. Well, my fellow Americans, I am ready, and I would be privileged, and I am impatient to relieve this president of that hard work.

CROWLEY: Though both the former president and the wannabe president publicly dismissed the idea that Clinton can pull votes for Kerry, Kerry strategists privately think Clinton can help seal the deal. His overall favorable rating is higher than either Kerry or Bush, and the former president's ratings are higher than that still among suburban swing voters and African-Americans, two blocs critical to a Kerry victory.

Candy Crowley, CNN, Philadelphia.

(END VIDEOTAPE)

COOPER: A lot of people, a lot of people in the crowd here this evening went to the see President Clinton with Senator Kerry earlier today in Philadelphia.

Right now, you are seeing a live picture down in Miami. President Clinton flew down to Miami immediately from Philadelphia. Senator Graham is now speaking. Senator Clinton is expected -- President -- former president Clinton is expected to speak shortly. We'll bring you parts of his comments live. He's now got a schedule of several other states he's going to be going to. We'll be covering that a little bit later on tonight on 360.

A deadly earthquake and massive aftershocks in Japan to's our look at what's going on around the world in the uplink right now. Let's take a look. Saturday's 6.8-magnitude quake centered about 150 miles northwest of Tokyo and killed 26 people, drove 100,000 from their homes just after dawn today. Japan was hit again with a 5.6 magnitude aftershock, raising more concerns about the area's shaky infrastructure. Tonight there's another problem. Rain has been hitting soil loosened by the quakes, setting up the potential for mudslides.

Jerusalem now, strong accusations against Iran. Today Israeli Prime Minister Ariel Sharon said that Iran is doing everything it could to obtain nuclear weapons, a charge that Iran has denied. Sharon made the comments to build national unity over his policies and cut down resistance to his plan to withdraw from Gaza.

Kabul, Afghanistan, now, Hamid Karzai close to winning the nation's first presidential election. Ninety-seven percent of the ballots have been counting, and the interim president has more than 55 percent of the vote. Karzai won't be declared the winner, though, until the investigation into election fraud charges is complete.

Across Europe tonight, shocking smokers. The European Commission has unveiled a series of disturbing images that could soon be printed on cigarette packages to discourage smoking. Some of the images include rotting teeth and diseased body parts. Yikes. Similar campaigns have been successful in other countries.

That's a quick look at tonight's uplink.

Coming up next on 360, the Scott Peterson trial. With closing arguments just a week away, the judge may make the deliberations a little more complex. A live report next.

Also 360, tons of missing explosives, 380 tons, to be specific. And nearly 50 Iraqi soldiers massacred. Tonight, the raw politics of Iraq. Plus, Battleground 360. Voters here in Philly weigh in and talk politics.

Stay with us.

Philadelphia was the second capital of the United States. What was the first? The answer when we come back.

(COMMERCIAL BREAK)

COOPER: Earlier, we asked, Philadelphia was the second capital of the United States. What was the first? The answer is, New York.

And let's listen in as President Clinton speaks in Miami, his second campaign stop today.

CLINTON: ... and now he looks like the only 18-year-old person in Congress. But he is doing a great job, and I'm proud of him, and of his mother, who was great up here. Carrie Meek (ph), thank you. And of Congresswoman Corinne Brown, who came all the way down here from Jacksonville. Thank you. And Mayor Martinez gave a great speech, didn't he? That guy has no energy at all. He feels nothing about this election. I love that.

I know Alex Panellas (ph) was here earlier. I thank him. And I want to say that I am pulling for Betty Castor in that debate tonight, because we need her in the United States Senate. I have known her since I was a governor, and she was carrying the education banner here in Florida with then-Governor Graham.

I saw Representative Elaine Bloom and several other people earlier. I just want you to know I'm happy to be here. I feel at home. And I am grateful that the good Lord gave me a chance to keep on doing this.

(APPLAUSE)

Let me say something. I have never believed that in a presidential race, the mere presence of some candidate or some former president could change any votes. My mama used to tell me when she was still alive, she said, Bill, you can persuade me on any election except the president. I think I know as much about that as you do.

And people take this seriously. So let me say, as wonderful as you've been here to me tonight, I don't expect my presence to change any votes. But I hope you'll listen to my reasons for being for John Kerry, and maybe they will change some votes.

I couldn't agree more with what Bob Graham said. We face a great choice here. A choice between two different philosophies held by two men with very strong convictions that lead them to different policy choices that have different consequences for America.

You know, Bob, I was telling him, it was almost 24 years ago when Bob Graham invited me for the first time to appear before the Florida State Democratic Convention in early 1981. And I was thinking about this whole lifetime that he and I have lived together, the things that we have worked for, the things that we've believed in, the things that really matter.

And I have to say that just looking back on it over the last 25 years, if you look at his record as governor and senator and my record as governor and president, if you look at John Kerry's record as a senator and the 20 years he was there, if you look at what he did to reach across the aisle in important investigations in foreign policy, to reconcile with the Vietnamese and get an accounting for our POWs and MIAs -- something that was really important to me and to a lot of other people...

(APPLAUSE)

... if you look at what he did to help small business and move people from welfare to work and get the crime rate down and get the deficit down, that is the kind of thing that we did.

But Bob and I, we always kept score by what we did and whether it worked.

Now, the people that are on the other side, they keep score in a whole different way.

(LAUGHTER)

And they live in what my junior senator, Hillary, calls an "evidence-free zone." It's like, "We're right and that's all there is to it. We're entitled to be there and that's all there is to it."

You know, they criticize John Kerry throughout this campaign for saying he changed his positions. Well, let me tell you something. I have lived a long time, and I'm not running for anything. I can say what I please.

(LAUGHTER)

(APPLAUSE)

Only a very foolish person goes all the way through life and never changes position on anything in the face of new evidence.

(END LIVE EVENT)

COOPER: You're watching former president Clinton speaking live at a campaign event down in Miami. This is a second campaign stop today for John Kerry. He was here in Philadelphia earlier. We learned late today he'll go on to other important battleground states, New Mexico, Arkansas, and also going Nevada later on this week. Seven weeks just after undergoing quadruple bypass surgery he's up, he's about and he's running hard for Senator Kerry. He was in Philadelphia as we said earlier today and he appeared like his fans would want him to in true rock star fashion. Let's take a look.

Clearly we don't have that piece ready. We'll be back after a short break and show you the scene here in Philadelphia earlier today. Live from Philadelphia, we'll be right back.

(COMMERCIAL BREAK)

COOPER: We're live in Philadelphia. The timing probably wasn't the best for President Bush. Just a little more than a week from the election there is news that nearly 380 tons of explosives have disappeared in Iraq. Democrats pounced on it quickly trying to take the edge in a tight race and that's all about raw politics. Take look.

(BEGIN VIDEOTAPE)

COOPER: (voice-over): It just might go down as one of the fastest political responses in history. At 1:22 a.m. Kerry adviser Joe Lockhart issued a statement saying, quote, "today the Bush administration must answer for what may be the most grave and catastrophic mistake in a tragic series of blunders in Iraq." He was talking about reports that nearly 380 tons of explosives have gone missing in Iraq. A story that wouldn't hit the airwaves for hours.

UNIDENTIFIED FEMALE: A huge of cache of powerful conventional explosives have reportedly vanished. COOPER: And it hit the "New York Times" website only two hours and 34 minutes before. While the Bush camp tried to take a wait and see stance...

TERRY HOLT, BUSH-CHENEY '04 PRESS SECRETARY: I think we should let the experts and military people get to the bottom of it before we turn it into a political football.

COOPER: The Kerry campaign kept up the attack.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: After being warned about the danger of major stockpiles of explosives in Iraq, this president failed to guard those stockpiles where nearly 380 tons of highly explosive weapons were kept.

COOPER: Why this mad rush to turn the missing weapons into nonstop news? The answer could be in the numbers. A recent CNN poll shows that most voters believe President Bush will do a better job handling Iraq but 22 percent of voters say Iraq is the issue driving their votes. The majority of them say they'll vote for Kerry. With just eight days remaining until the election, both campaigns are watching the headlines closely looking for any story that helps them or hurts the other guy in raw politics.

(END VIDEOTAPE)

(on camera): Joining me to talk about Iraq and how it may impact this election only eight days away, from Arlington, Virginia, Bush- Cheney communications director Nicolle Devenish, good to see you and from Warren, Michigan, Kerry communications director Stephanie Cutter. Good to see you, as well.

Nicolle, let me start with you. President Bush all along has said that he listens to the commanders on the ground in Iraq. Ambassador Bremer has now came out and said in a speech that there weren't enough troops on the ground, that he lobbied for more troops. Does the president still believe he hasn't made any mistakes in Iraq?

NICOLLE DEVENISH, BUSH-CHENEY SPOKESPERSON: I think you have heard him address the question about mistakes as recently as this morning on "Good Morning America." This president takes responsibility for everything that happens on his watch. You know, it is funny and you know what you should keep an eye on in the final eight days. You have to wonder what was John Kerry going talk about today if he hadn't had the attack ripped out of the "New York Times?" Another important point, 400,000 tons of explosives and weapons have been destroyed or in the process of being destroyed in Iraq it is typical of John Kerry and his politics of pessimism and attack to rip the bad headlines out of the "New York Times" and use them to beat his opponent. It's also a sign that he is completely of any positive vision for the future.

COOPER: So you're saying you're not concerned about 380 tons of explosives? I mean I know it's 400,000 tons that you say has been gotten rid of but 380 tons to me sounds like lot. DEVENISH: Come on, Anderson, I think everybody on the ground in Iraq, our allies and our troops are working hard and success is obviously the goal. But, you know, making partisan political attacks to score political points is now a pattern. We spend a lot of time talking about John Kerry's pattern of inserting below the belt attacks into his daily campaign message. I really can't imagine what their message meeting is like. They flip through the pages, and, hey, I got one on A6. This is not a campaign of hope.

I love that you broadcasting from where Clinton was today, he was the last Democrat to capture the imagination of the Democratic Party. And you can see why. And I think, it's entirely appropriate to be there and broadcasting from the scene of his return and take his remarks live because it reminds us of what is so deficient in John Kerry's politics of pessimism and cynical attacks based on "New York Times" headlines.

COOPER: Let me bring in Stephanie. Stephanie, did Senator Kerry have anything to talk about before the 380 tons went missing?

STEPHANIE CUTTER, KERRY-EDWARDS SPOKESPERSON: Well, yes we did. We had a lot to talk about. I'm not sure what Nicolle thinks this is, but we're in the middle of a presidential campaign. But there's nothing less than the president's record on the ballot in eight days. The president's record as demonstrated in the "New York Times" today, it was under his watch the weapons weren't protected. It was under his watch that Iraq is a mess today. That's what's on the ballot. That's what needs to be debated. If she doesn't want to debate exactly what the president's record, then they must have a hard time talking about it which is why they are attacking John Kerry.

DEVENISH: Stephanie can't even -- Anderson, Stephanie can't even explain to you John Kerry's position on Iraq. He was for it. He was against it. He was for it for a couple of days.

CUTTER: I would be happy -- if you want me to take the time to explain John Kerry's position on Iraq.

COOPER: All right, Stephanie, why don't you go ahead.

CUTTER: John Kerry believe it is was right to hold Saddam Hussein accountable. But the president went the wrong way. He went without allies, he went without troops.

DEVENISH: So, Tony Blair is not an ally?

CUTTER: George Bush is the commander in chief, the mess in Iraq is his responsibility. And he still hasn't taken responsibility yet. He can admit mistakes all he wants, but he has not admitted the mistake to send our troops to battle without what the ammunition they need, without the adequate number of troops to guard these weapons stock piles.

COOPER: Nicolle.

DEVENISH: Anderson. COOPER: Nicolle. Are there enough troops on the ground right now, I mean, protecting these weapon cashes, protecting the borders?

Do you still think there are enough troops on the ground?

DEVENISH: As a campaign official, I'm not going make news on your show. But Stephanie just did. I mean, her -- the Kerry position is that Tony Blair is not an ally. To say that we went to war in Iraq with no allies is wrong. What is Tony Blair then, is he not an ally? Is he not a key ally. he understand the importance of success.

COOPER: I don't think she's saying he's not an ally.

Well, Stephanie, what were you trying to say? I don't want to speak for you.

CUTTER: We did not go with the world support which is the way the United States should go to war. The United States should be a leader. And we didn't lead this time.

COOPER: Would John Kerry have been able to do anything differently in order to protect these weapon caches?

CUTTER: He laid out his position on the floor of the Senate before we went to war. He said, Mr. President, don't go to war unless you have the world behind you. Don't go to war until you go to the United Nations. Don't go to war without the equipment to protect our troops. George Bush, did everything wrong. It's going to take a fresh start to get it right in Iraq.

COOPER: We're going to have to leave it there. Stephanie Cutter, Nicolle Devenish, we appreciate you joining us. Thanks very much.

360 next the crowd gets involved. We're going to let get to ask campaign questions, a political Q-and-A coming up next.

(COMMERCIAL BREAK)

COOPER: Time for today's "360 Challenge." Be the first to e- mail us all three answers correctly, we'll send you a 360 T-shirt.

Question no. 1, William Rehnquist has been chief justice of the U.S. Supreme Court for how many years?

Question no. 2, Scott Peterson celebrated which birthday yesterday in jail?

And finally, which singing Simpson sister was caught lip-synching on "Saturday Night Live"?

There is only two after all.

Take the challenge. Log on to cnn.com/360. Click on the challenge link. Answer first, we'll send you a 360 T-shirt.

Coming up we'll also have the answers and also announce Friday's winner.

Well, on election day President Bush and John Kerry will go after 21 electoral votes right here in Pennsylvania and the battleground state is still up for grabs. In a Mason Dixon Poll taken last week for the "Pittsburgh Post-Gazette," Kerry leads Bush 46 percent to 44 percent but there are still many undecided voters here in Pennsylvania.

Joining me now, two Philadelphia radio talk show hosts. Two of the best, Mary Mason, and Michael Smerconish. They're brave. They agreed to take questions from some of the people in our audience. Appreciate both of you being with us.

Lets start off with you. Your name and your question.

UNIDENTIFIED MALE: My name is Matt Duncan (ph), I'm from Rochester (ph), New York. And my question is probably for Mary.

John Kerry was criticized for being a flip-flopper, not having a position on Iraq some may say, will this issue play with the voters on the second of November?

MARY MASON, RADIO TALK SHOW HOST: I don't think so. I think the word flip-flop was used because it sounds good. It sounds good because it rhymes. I don't think he's a flip-flopper. I think just like President Clinton whom I was with today said, he said what he said and it changed his mind. What man or woman in this world not allowed to change their mind?

The answer to that is no.

COOPER: Do you think a flip-flop has been an effective?

MICHAEL SMERCONISH, RADIO TALK SHOW HOST: I think it's been effective. In a time of war people want consistency, even where they disagree with this president. And consequently, even though the war is an unpopular war, for his consistency there are people rallying around this president and I think here in Pennsylvania it will play well for him.

COOPER: All right. Your name and your question.

UNIDENTIFIED MALE: Hi, my name is Russell Meness (ph). My question goes to either of you. In light of the court's ruling the other day that Ralph Nader won't be on the Pennsylvania ballot, do you think this solidly pushes Pennsylvania to Kerry or do you think it's still a toss up state?

SMERCONISH: Go ahead, Mary.

MASON: I think -- I don't think Ralph Nader matters. That's kind of hard to tell. First of all, I don't believe the polls. I've been in this business long enough to know that the polls never tell you the truth because they don't go to that many people.

How many people in here have been called by poller? Come on. Really? There you are. Well, I've been a broadcaster for 47 years, and I nor any member of my family has ever been called.

COOPER: Do you think Kerry will win Pennsylvania?

MASON: Absolutely. Absolutely.

COOPER: Very partisan crowd here, Michael.

SMERCONISH: The real impact of the Nader situation is that it delayed the deliver of absentee ballots in Pennsylvania. And 26,000 service personnel overseas didn't get their ballots on time and consequently haven't been able to return them. And now one of the issues for Governor Rendell is, is will he act to extend the time period for the counting of those ballots. And I sure hope that he does, because the folks who have a lot on the line are the people who are serving over in Afghanistan and Iraq and of all people their votes should count.

COOPER: But, Michael, you don't think Kerry's going to win Pennsylvania.

SMERCONISH: No, I don't think that he will Pennsylvania. I think that W wins Pennsylvania this time around. And not because of what goes on in the city but because of what goes on in suburbia.

COOPER: Hey! Hey! Let him speak. Hey.

SMERCONISH: Listen. We've got -- you know we got a red and blue situation here. Mary, speaks to an audience that is hardcore for John Kerry. And I think, to the contrary I speak to a crowd of suburbanites who are very much for the president. It depends where you are. If you're in the suburbs right now, you'd have an entirely different crowd around you.

COOPER: We're going to take some more questions. We're going to take some more questions right after the break. We'll be right back. A lot more questions from the audience. And accept the "360 Challenge," how closely have you been following todays news. Answer all three questions correctly, you could be a 360 winner. We'll be right back.

(COMMERCIAL BREAK)

COOPER: We are back live in Philadelphia where our motley assortment of young students and people and Philadelphians are here to ask questions to radio talk show host, Mary Mason and Michael Smerconish.

Appreciate both of you accepting this challenge.

All right, your name and your question?

UNIDENTIFIED FEMALE: My name is Melissa Ushaun (ph). I go to the University of Pennsylvania Law School. My question is in light of Chief Justice Rehnquist diagnosis of cancer today, do you think Supreme Court nominations will play a bigger role in the final week of campaigning?

COOPER: Michael.

SMERCONISH: Well, I hope that they will. By the way, that's my alma mater, it's a great law school. I hope that they will, because unfortunately, it's probably the most important issue in this race beyond the war on terror at least in my opinion, because the president has the power to appoint the federal judiciary. But it is a snooze. I know that when I'm host my program, if I tie and draw people in on those issues it's sometimes hard to do. It's critically important and I hope that how it's front and center.

COOPER: Mary, do you want to weigh in.

MASON: Well, I don't think we know the degree of his cancer. He may be around four more years, you know. And whoever is in, which will be Kerry of course, will make the appointment. But I think it's going to be an issue, no question about it.

COOPER: All right, your name and your question.

UNIDENTIFIED MALE: My name is Eli. And my question is for Mary. What affect will Clinton's return to the campaign trail have on this election?

MASON: What's the last part of this?

UNIDENTIFIED MALE: What affect will Clinton's return to the campaign trial have on the election?

MASON: Oh, my goodness, honey child, I was there. I was there. I was there. It is awesome. I mean, they say is 100,000 people. It's just unbelievable. You can't describe it. The man is like a piece of magic. You know, it's going to have a tremendous effect. You just saw what he's doing in Florida. And by the way, this was obviously a last minute add on because he was only supposed to come, I think, to Philadelphia and he's going New Mexico. He's going to be -- watch those polls after this.

COOPER: Michael, it clearly energizes Mary and the base.

Does it alienate anyone?

SMERCONISH: Oh, Absolutely, for every individual who's there watching as Mary was and is euphoric as if Bono had some how come out into Philadelphia, I can assure you there are folks who are sitting out there watching their television set, and saying by God, I'm getting out to vote in eight days because I can't take more of Kerry and his buddy Clinton.

(APPLAUSE)

(BOOS)

MASON: No. That's not true. That's not true.

COOPER: Not true, Mary? Not true?

MASON: I think that I -- I think that what -- I think the Democratic party...

(APPLAUSE)

COOPER: Mary, (UNINTELLIGIBLE).

MASON: I think the Democratic Party has been tremendously energized by the college students. We've registered so many college students over the last (UNINTELLIGIBLE) and they're voting.

COOPER: Mary. Mary Mason, we appreciate you joining us.

Michael Smerconish, as well. We're out of time for the audience part.

Guys, I appreciate it. I'm sorry we didn't get to you, but great questions.

360 next, going to the polls in memoriam, how the dearly departed could have an impact on election day. I'm not kidding. We'll take that to "The Nth Degree."

And tomorrow, comedian Bill Maher, unplugged. We'll get his take on the battle between Bush and Kerry. And the "360 Challenge," here's another look at tonight's question. Be first to e-mail us the answers gets a 360 T-shirt. Long on to cnn.com/360. A play -- answers when we come back.

(END VIDEOTAPE)

COOPER: Time for the answers to today's "360 Challenge."

No. 1, William Rehnquist has been chief justice of the U.S. Supreme Court for how many years? The answer is 18

No. 2, Scott Peterson celebrated which birthday yesterday in jail?

The answer, 32.

And finally, which singing Simpsons sister was caught lip- synching on "Saturday Night Live"?

The answer, Ashlee.

The first person to answer all three questions correctly will be sent a 360 T-shirt. Tune in tomorrow to find out if you're the winner. Friday's winner we can announce is Vince Concel from Cleveland, Ohio. Thank you for playing, Vince and a 360 T-shirt on the way.

Another challenge, another chance to win tomorrow. Oh, that's a picture of Vince, there you go. Finally tonight, taking last licks to the grave "The Nth Degree." You know, what last licks are, yes? They represent an absolutely final opportunity to act or have your say, speak now or forever hold your peace is the wedding ceremony version. We'll, there's a new trend in this area. Here you have the obituary of a Mr. William Thomaset (ph) of Angleton, Texas. It does what most obituary do, pays tribute to the deceased, summarizes achievement, acknowledges his loved ones and so on. And then does something else, it asks those that knew Thomaset not to send flowers, "Bill would be most honored and gratified," the obituary says, "by your vote for the Bush/Cheney ticket in November."

Not kidding. Not kidding, it's real. Nor is this an isolated case, we are actually seeing a number of other such final pleas. Some for the president, some for Mr. Kerry. Seems therefore time, therefore to drop the other shoe and consider some new farewell accessories, partisan caskets say or tombstones. Just because your gone doesn't mean your not entitled to an opinion. Why not cemetery campaigning, who knows.

I'm Anderson Cooper, thanks for watching 360. Coming up next, "PAULA ZAHN NOW."

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