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CNN Newsnight Aaron Brown

V.P. Debate Could Make a Difference; Hundreds to be Released from Guantanamo Bay; "Da Vinci Code" Fans Visit Novel's Settings; Citizens Demand Help in Samarra

Aired October 04, 2004 - 22:00   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.


RICK SANCHEZ, GUEST HOST: And good evening, everyone. It comes down to this. With less than a month left for Americans to decide who they want as their next president, the CNN/Gallup poll shows they can't decide. Americans are statistically split right down the middle. In sports they would say the president blew the lead. In politics, it's a game of expectations.
That means tomorrow the pressure will be on the young lawyer from North Carolina with very little political experience to protect big mo, momentum. His opponent, Mr. Gravitas himself, a politician/businessman with oodles of political experience. That's the setup. As our nation's number two's prepare for debate number two.

Our "Whip" begins tonight with a look at both campaigns.

First, Kerry's covered by CNN's Dan Lothian.

Dan, a headline?

(BEGIN VIDEOTAPE)

DAN LOTHIAN, CNN CORRESPONDENT: Well, we are at the Cedar Rapids Airport where Senator Kerry is holding a rally. He's speaking about domestic issues here, so important to the voters in this state. Senator Kerry feeling very good about the latest poll numbers even as he goes aggressively after President Bush, not on Iraq but on stem cell research -- Rick.

SANCHEZ: Thank you, Dan. Next to Cleveland and CNN's John King. John, a headline from you?

JOHN KING, CNN SENIOR WHITE HOUSE CORRESPONDENT: Well, Rick, the Bush campaign says it didn't celebrate in the end zone when it was ahead, it said it won't cry in its beer now that it has had a setback. Won't cry in it's beer, but it will go on the attack on taxes and terrorism -- Rick.

SANCHEZ: On to the numbers game and the master of extrapolation, CNN's Bill Schneider.

Bill, take us to the bottom line, if you would.

WILLIAM SCHNEIDER, CNN SR. POLITICAL ANALYST: If you're looking to a real hot race for president look no further. We got one -- Rick.

SANCHEZ: Thank you, Bill.

Finally to elections elsewhere, literally a life and death story for some. CNN's Christiane Amanpour in Afghanistan is covering that part of the story for us. Christiane, to you.

CHRISTIANE AMANPOUR, CNN CHIEF INTERNATIONAL CORRESPONDENT: Rick, a vital place for the United States for the Bush administration here in Afghanistan. Osama bin Laden is still at large somewhere in this neighborhood. There's a resurgent Taliban in the south. And despite all the violence, these elections have to go forward on Saturday.

SANCHEZ: Thanks, Christiane, more with you later.

Also on the program tonight the fight in Samarra is over, but building trust is still a major battle for U.S. Forces.

Also "The Da Vinci Code" -- is there a reality to this fictional phenomenon. All that and more in the hour ahead.

We start things off though with that line you hear all the time from pollsters. If the election were held today, they say. Well, tonight with 29 days to go until the 2nd of November, it won't be long until that if, becomes a when. And you better believe the candidates know it as well. From here on out, swaying the undecided gives way to rallying the base. And tonight Senator Kerry and President Bush did exactly that. The president talking purse strings. The senator tugging heart strings. Here it comes. Two reports, beginning with CNN's Dan Lothian.

(BEGIN VIDEOTAPE)

LOTHIAN (voice-over): Riding a post-debate wave that's lifted him in the polls, Senator John Kerry appeared to have new life. One aide saying, we have the wind at our backs, but added this is not a time to put up our feet and relax. Taking advantage of every step to attack President Bush, the campaign focused on stem cell research at a New Hampshire town hall meeting. Getting help from a Hollywood star with his own personal battle. Actor Michael J. Fox suffers from the debilitating Parkinson's Disease.

MICHAEL J. FOX, ACTOR: John Kerry will lead. George Bush had the opportunity to lead, he chose to lead us in the wrong direction.

LOTHIAN: Some see it as the potential cure for diseases such as Parkinson's, Alzheimer's and Diabetes.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: The hard truth is when it comes to stem cell research this president is making the wrong choice to sacrifice science for extreme right wing ideology.

LOTHIAN: But there are critics with moral, ethical and scientific concerns. The Bush campaign called the attacks dishonest. The president has authorized federal funding for a limited supply of existing stem cells, but not for new stem cells which must come from human embryos. The Kerry campaign turned up the heat on television, with this new ad.

KERRY: It's time to lift the political barriers blocking the stem cell research.

President Bush just doesn't get it. Faced with the facts, he turns away. Time and again he's proven that he's stubborn, he's out of touch he's unwilling to change, he's unwilling to change course.

LOTHIAN: In Philadelphia, Kerry greeted stem cell experts, including doctors and scientists. Today Kerry also met with black religious leaders in Philadelphia, as he continues an effort to shore up support among African-Americans, especially in key battleground states.

(END VIDEOTAPE)

LOTHIAN: Even as the campaign focusing on domestic issues, they say that Iraq will still remain on the radar. They believe that they have to be strong not only on foreign policy, but domestic issues in order to win in less than 30 days. As for stem cell research, they say this is something that's important because they believe that many Americans agree with this. And they say polls indicate that Americans agree with this, not only Democrats but Republicans as well -- Rick.

SANCHEZ: Dan Lothian, following the story for us live. We thank you, Dan.

Now the other side. For the president, being president has its pluses and its minuses. On the one hand voters can hold him accountable for the economy. On the other hand, he, like any president, can do what challengers simply can't. He can show them the money. So again, here's CNN's John King.

(BEGIN VIDEOTAPE)

KING (voice-over): This signature made it four tax cuts in four years, relief for 94 million Americans and, as the president sees it, a boost for the economy.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: That money will help keep the economy moving forward. And result in even more new jobs for American workers.

KING: The $146 billion tax package extends the $1,000 child tax credit, the easing of the so-called marriage penalty, and the lower 10 percent tax bracket. Those tax breaks were scheduled to expire. The legislation had bipartisan support and the signing ceremony was a taxpayer funded event. But no mention of Democrat John Kerry here. But the president's second Iowa stop was paid for by the campaign.

BUSH: During the 20 years in the Senate he's voted to raise your taxes 98 times. Now all of a sudden he's saying he's for middle class tax relief. Except he voted against raising the child credit. He voted against reducing the marriage penalty. KING: The sharp criticism is part of a White House effort to regain lost momentum. Taxes and economy were on focus, including this new campaign ad.

UNIDENTIFIED MALE: Three-hundred and fifty times, higher taxes from the liberals in Congress and John Kerry.

KING: Iraq and terrorism another. Mr. Bush says Senator Kerry is wrong to call Iraq a diversion from the war on terror.

BUSH: The policies of my opponent are dangerous for world peace. If they were implemented, they would make this world not more peaceful but more dangerous.

KING: Vice President Cheney will carry that message into Tuesday night's debate, questioning whether the Democratic ticket has the judgment and the experience for the post-9/11 world.

KEN DUBERSTEIN, FORMER REAGAN CHIEF OF STAFF: Dick Cheney's gravitas is going to win out. You know, I've thought about the differences between Cheney and Edwards, and I would suggest to you more than anything else one is steak and one is sizzle.

KING: The president's preparations for his second debate included reviewing tapes of his facial expressions during last week's showdown.

(END VIDEOTAPE)

KING: That Friday night debate is a town hall setting. Aides say they are betting on the president to turn in a much stronger showing and to keep his temper in check. Of course the vice president up first here in Cleveland tomorrow night. Aides trying to downplay expectations, saying he'll be up against a trial lawyer, a senator with a golden tongue as some aides put it. But the Bush campaign counting on the vice president to turn in a strong performance and to re-excite any Republicans who got maybe a bit nervous after seeing the polls the recent of days -- Rick.

SANCHEZ: Rick, I'm struck by that last graph in your report, the one saying they'll be going over the tapes. The president is said to be very relatable to the American people.

Is there a fear they may over coach him?

KING: Well, the president was taken aback by the reviews after this debate, and he wanted to see his own facial expressions. He did go back through the videotapes. The White House has been complaining there's been too much analysis of the style of the debate and not enough analysis of the substance. But they know because of the president's reaction last time, because of his smirks, because of his obvious anger, his annoyance at some of the things that Senator Kerry was saying, that everyone will be watching closely this time. They believe in the town hall setting where the audience will be lit and interactive, if you will, with the candidates, it will be easier for the president to relate and to keep his facial expressions in check. But they wanted him to see what everyone was talking about.

SANCHEZ: John, if you can, I want you to listen to this. This is something that has Donald Rumsfeld today sounding somewhat definitive. A characteristic he's not usually given. He's talking about the possible link between Iraq and al Qaeda. Let's take a listen.

(BEGIN VIDEO CLIP)

DONALD RUMSFELD, SECRETARY OF DEFENSE: I have seen the answer to that question migrate in the intelligence community over a period of a year in the most amazing way. Second, there are differences in the intelligence community as to what the relationship was. To my knowledge, I have not seen any strong, hard evidence that links the two.

(END VIDEO CLIP)

SANCHEZ: I have not seen any strong, hard evidence that links the two he says. What do you expect the opponents of the president will use this -- how they will use this material, John.

KING: You can be certain the opponents will use it, because this defense secretary before the war in Iraq, said the evidence was bulletproof, that there was a relationship between Iraq and al Qaeda. Vice president Cheney, of course, on the debate stage tomorrow night, has said there is extensive overwhelming evidence of ties between Saddam Hussein's regime and al Qaeda. And the president himself has said that the Zarqawi network now conducting terrorism against the United States in Iraq is tied to al Qaeda. Secretary Rumsfeld in that same speech said that Zarqawi was a pea in the pod, meaning, he shared the goals of Osama bin Laden but he too had no direct ties.

So it is contradiction to much of what the administration has said in the past. Secretary Rumsfeld says he is simply reflecting a reassessment of the intelligence community. You can be sure the Democrats will seize on this, and you can bet it will be a question here tomorrow night here in Cleveland.

SANCHEZ: Following that force, we thank you, John.

On now to Iraq and again the fighting. New clashes on the streets of Sadr City between American troops and Shiite Militiamen loyal to Muqtada al-Sadr. Across town near the green zone, bombers once again took aim at the very people volunteering to keep the country safe and paying for it with their lives, we should add.

This is a report from CNN's Brent Sadler.

(BEGIN VIDEOTAPE)

BRENT SADLER, CNN CORRESPONDENT (voice-over): Two powerful car bomb attacks in central districts of Baghdad. The first, targeting an army recruitment center, killing around 15 and wounding at least 75 others, according to Iraq's health ministry. The explosion happened near a U.S. military checkpoint outside the heavily fortified green zone, home to the U.S. and British embassies. A white sports utility vehicle burst into flames amid scenes of bloodshed and panic. The attack plan was similar to scores of other strikes on Iraq's security forces, aimed at making Iraqis afraid of recruitment into the ranks of the police and army, as well as sapping morale among those already serving.

In a second blast, Iraqi reports say that bombers targeted two armored vehicles, of the type used by western security personnel and contractors in a busy commercial district. From the top of our hotel, we could see a large plume of black smoke. Then a brief gun battle, shots echoing across the city as Iraqi police reportedly exchanged fire with suspected insurgents.

(on camera): Even as U.S.-backed Iraqi forces claim success, overwhelmingly rebel strongholds north of Baghdad, insurgents can still strike terror in the heart of the capital.

(voice-over): West of Baghdad, U.S. war planes have again attacked suspected insurgent operations in Fallujah destroying what the U.S. military claims are the movements of weapons, training and the planning of terror attacks. The kind of attacks that shook the capital on this day.

Brent Sadler, CNN, Baghdad.

(END VIDEOTAPE)

SANCHEZ: A few other stories making news on this day. The so- called shoe bomber had an alleged accomplice. Attorney General John Ashcroft says in December of 2001, Sajod Badat teamed up with convicted shoe bomber Richard Reid to attack various U.S. targets. And they even bought custom made shoe bombs together. Badat is being held in London.

The shower scene that still terrifies. Actress Janet Leigh being repeated knifed in Alfred Hitchcock's "Psycho." During her long career she starred in over 50 films. Sunday Leigh died from a rare blood disease. She was 77.

Another legend dies, Astronaut Gordon Cooper. In 1959, he was named to project Mercury alongside Alan Shepard and John Glenn. Cooper was also the first man to travel into space on two different missions. Gordo was 77-years-old.

It looks like SpaceShipOne is the future of space travel. Brian Binnie was behind the stick as the tiny craft made it's second flight into space in five days. For that, his team won the X-Prize, as it's called, which comes with a $10 million purse.

Ahead, right here on NEWSNIGHT the winds of change in Afghanistan, women challenging men for political power.

Also enemy combatants at Guantanamo, and the ally they have in the U.S. legal system. This is NEWSNIGHT.

(COMMERCIAL BREAK) SANCHEZ: In the West Bank town Of Ramallah, several members of Yasser Arafat's personal guard were ambushed by undercover Israeli soldiers. Three died in the firefight. One Israeli soldier was also killed and one bystander injured. Witnesses say the Israeli soldiers followed the bodyguards into a supermarket and started firing. Israeli officials say their soldiers were doing a sweep, looking for wanted Palestinian militants.

And while that, the U.S. presidential race and Iraq are soaking up a lion's share of media attention, there's another pivotal election that's fast approaching a part of the world where the war on terror actually began. This Saturday, after more than two decades of conflict, Afghanistan is going to hold its first ever democratic presidential election. That in itself is a milestone. So is this, Afghanistan's interim President Hamid Karzai is running against 17 other candidates including a woman.

Here's CNN's Christiane Amanpour.

(BEGIN VIDEOTAPE)

AMANPOUR (voice-over): Down a dark corridor to a small election office filled with volunteers, Massouda Jalal is making history -- as the first ever Afghan woman to run for president.

MASSOUDA JALAL, AFGHAN PRESIDENTIAL CANDIDATE: Three years back, I couldn't even dream about being a presidential candidate. And if I win, what is the translation, the whole world will say that the people of Afghanistan won the election, not gun, not dollar.

AMANPOUR: With less than a week to the election, this 41-year- old mother of three begs for more TV time, organizing grassroots support, strategizes with her running mate.

JALAL: No fundamental change has been taken place. It's still women are not participating equally in political, social, economical and cultural life of the country. It's still women are not equally participating in the decision making power. It's still Afghan women are not participating equally in the leadership of the country.

AMANPOUR (on camera): So while she's a long shot to win, her candidacy is all about change. Here in the capital Kabul, girls are being educated and women can find work. But in the vast majority of Afghanistan, in the countryside, women still can't even leave their homes without permission from their fathers or their brothers. Still, a source of hope, according to the U.N., is that 41 percent of the voters they've registered are, in fact, women.

(voice-over): On this busy market street, women are excited about voting and about Massouda.

"She's capable and deserves to be a candidate" says this shopper. But in this bakery run by war widows, they shriek at the very thought.

"At no time could a woman become the leader of our country. Never" says Royal (ph). But these war widows say they'll vote for anyone except those candidates close to the warlords who kept this country fighting for 25 years.

MASSOUDA: Afghanistan is completely ready for a woman president. People are tired of war, people cannot trust, I mean, the fighters and the fighters are men. So that's why they're trusting a woman. A woman doesn't know how to fight at all. And a woman would not involved in fighting, in destruction, in bloodshed. The hands of the woman is clean.

AMANPOUR: Woman or man, voters say the winner of these elections will, above all, be the one they believe can keep the peace.

(END VIDEOTAPE)

AMANPOUR: Now, despite her groundbreaking candidacy, it is thought that Hamid Karzai, the current transitional president, will garner most of the vote. Not clear whether he'll be able to garner enough to avoid a runoff. But the fact is that many people here are pleased that he's been able to keep the peace for the last few years, but they still want more and more rapid reconstruction and more security. Unfortunately, since the defeat of the Taliban, the security has gone from bad to worse, particularly in the southern part of this country with the Taliban resurgents, Rick.

SANCHEZ: We get the sense in your report, Christiane, that Afghanistan is two countries, the area you describe around Kabul and, as you say, just about every place else in the country. What's the hope that that less rudimentary atmosphere in the capital will eventually get to the rest of the country?

AMANPOUR: Well, part of it is cultural, but in the capital they've always been more sophisticated and more educated. So part of it is that as well as in other big cities. And in the rural areas still a very, very conservative, traditional culture. So that democracy is barely even understood out there. I mean, most of the people in this country are illiterate. But part of the problem is that after the defeat of the Taliban, the international community did not do any robust peacekeeping. And therefore, in the southern area, the traditional home of the Taliban, they have been able to come up again and intimidate people who have been trying to register to vote, people who want to go to vote and including the voter registration teams, 12 of whom have been killed as they've tried to get people to register for these elections.

SANCHEZ: Do they talk about it? I'm curious. Once you mention the T-word, the Taliban, the reason we went to war in Afghanistan. Do Afghanis get a sense that they're there, feel their presence and do they combat them in any way, either with words or other actions?

AMANPOUR: They do talk about it, and, in fact, everybody we talked to, even here in the capital, which is relatively calm, although there have been bomb attacks and violence here over the last few months as well. But even here people talk about what they really want from their next leader is peace and security, because they've had these 25 years of war. And so particularly the women talk about the Taliban and the Taliban effect that still lingers. And we will have this report coming up this week, the other side of the woman question. Massouda is a groundbreaking candidate. She has shown the positive side of the intervention here. But there's still a lot of suffering, a lot of deprivation, a lot of inequality and violence that women here are undergoing.

SANCHEZ: Christiane Amanpour, we'll look forward to that next report. Thank you so much.

Coming up on NEWSNIGHT, Bill Schneider looks at the latest poll numbers and what they can tell us about this ever tightening race.

Also U.S. Forces have defeated insurgents in Samarra. Now they must win the battles of the hearts and minds. From the CNN Center, this is NEWSNIGHT.

(COMMERCIAL BREAK)

SANCHEZ: Last week's presidential debate was a reminder that every single presidential race can turn at any moment, any number of times all the way up to election day. A reminder in other words, that with 29 days to go, calling the race is a fool's errand.

CNN's Bill Schneider ain't nobody's fool.

(BEGIN VIDEOTAPE)

SCHNEIDER: Remember John Kerry's missing convention bounce, well, he finally got it from the first debate. A week ago, President Bush was 8 points ahead among likely voters. Then came the debate, where by better than 2-1, the public says Kerry did a better job. After the debate, Kerry gained 5 points, Bush lost 3, turning the presidential race into a dead heat.

After the late June handover of power to the interim Iraqi government, Iraq was a diminishing voter concern. The debate, on top of a lot of bad news coming out of Iraq, has changed that. Before the debate, Iraq lagged behind terrorism and the economy as a top concern to voters. After the debate, concern about Iraq suddenly intensified. The growing number of voters concerned about Iraq are voting for Kerry. So are voters whose top concern is the economy and healthcare. Terrorism is the only big issue that pays off for Bush.

So how come the election is so close, because it's not dominated by the issues. Those who say they're voting on the issues are voting for Kerry, but they are fewer than 4 in 10 voters. They're outnumbered by those who say their vote is driven by personal qualities. Those are Bush voters. What personal qualities, intelligence, the public believes Kerry is more intelligent than Bush.

What qualities do voters admire in President Bush?

BUSH: I made some tough decisions. But people know where I stand.

SCHNEIDER: Strength. By a wide margin, voters continue to see Bush as a stronger leader than Kerry.

(END VIDEOTAPE)

SCHNEIDER: The race is now wide open, but there are two more presidential debates, and either of them could turn things dramatically, just as the first debate did -- Rick.

SANCHEZ: You know, they have an expression in the south, Bill, they say dance with the one that brung you. And I'm thinking to myself, watching as you analyze these things, that a lot of folks in this country are thinking, you know, when we were attacked he was the president. We better dance with the one that brung us, is that the thinking?

SCHNEIDER: That's part of it. Those who say in a time of tension and turmoil and danger in the world, it is better not to change horses. And the Republicans are certainly encouraging that sentiment. But the Democrats are running on the issue of change, because they're saying that under President Bush the country has not been safer, the war in Iraq has not made the United States safer. In fact, Kerry argued quite clearly in that first debate that the war in Iraq was actually a mistake. A diversion from the war on terrorism. And according to our poll, he made some headway with public opinion. The number of Americans who say the war in Iraq was a mistake actually went up after the first debate, and Americans are now divided over that issue.

SANCHEZ; Yes, the numbers certainly went from 42 to 48. There's another graph that maybe we can talk about Bill. This is the one that says who do you trust more as your commander in chief. This is an area where Bush wins, right?

SCHNEIDER: That's right. He wins but not by quite as much as he did before. Kerry used the debate to reassure voters that he's capable of serving as commander in chief. Look at this.

Before the debate Bush had a 16-point lead as the candidate the voters that trusted more to be commander in chief. After the debate, you can see Bush still is ahead, but his lead shrank to just five points. So Kerry made some headway on that issue in the debate.

SANCHEZ: Bill Schneider, we thank you so much for the analysis. We'll talk to you again.

SCHNEIDER: Sure.

SANCHEZ: For more now on tomorrow and yesterday and what one has to say about the other.

History rarely pays a lot of attention to the second banana, as they're sometimes called. Nobody remembers the sidekick. It's the Captain, then Tenille, right?

The same generally holds true for vice presidents, but generally isn't always.

Here's CNN's Jeff Greenfield.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: We ought to be talking about that.

JEFF GREENFIELD, CNN CORRESPONDENT (voice-over): They've had their moments, these vice presidential debates, even the first one that included this sharp exchange.

BOB DOLE (R), FORMER VICE PRESIDENTIAL CANDIDATE: If we added up the killed and wounded in Democrat wars in this century, it would be about 1.6 million Americans.

WALTER MONDALE (D), FORMER VICE PRESIDENT OF THE UNITED STATES: I think Senator Dole has richly earned his reputation as a hatchet man tonight.

GREENFIELD: And this most famous of moments in 1988 when Senator Dan Quayle compared his resume, accurately, by the way, to John Kennedy's.

DAN QUAYLE (R), FORMER VICE PRESIDENT OF THE UNITED STATES: I have as much experience in the Congress as Jack Kennedy did.

LLOYD BENTSEN (D), FORMER VICE PRESIDENTIAL CANDIDATE: Jack Kennedy was a friend of mine. Senator, you're no Jack Kennedy.

GREENFIELD: And the very civility, the geniality of the 2000 Lieberman/Cheney debate helped the now vice president soften his image.

DICK CHENEY (R), VICE PRESIDENT OF THE UNITED STATES: I promise not to bring up your singing.

GREENFIELD (on camera): But did any of these vice presidential debates alter the outcome of a presidential election? Almost surely not. But that's also the right question.

The real question is, do vice presidential choices matter? And here the answer is more than you might think.

(voice-over) Richard Nixon once said the V.P. choice can't help you, only hurt you. And you can understand his thinking.

RICHARD NIXON (R), FORMER PRESIDENT OF THE UNITED STATES: Integrity has been questioned.

GREENFIELD: In 1952, he had to give his famous Checkers speech to save his spot on the ticket after charges of a campaign slush fund emerged.

In 1968, Nixon's pick, Governor Spiro Agnew, made enough verbal stumbles that Democrats ran an ad mocking him.

Four years later when Democratic nominee Tom Eagleton was forced off the ticket in the wake of his history of depression, that pretty much destroyed whatever chance the McGovern campaign ever had.

And both Geraldine Ferraro in 1984...

GERALDINE FERRARO (D), FORMER VICE PRESIDENTIAL CANDIDATE: ... his tax forms.

GREENFIELD: ... and Dan Quayle in '88...

QUAYLE: Get in the Air National Guard, six years in college.

GREENFIELD: ... faced unsettling questions about their backgrounds, financial and military, respectively.

But the V.P. pick has also helped. Without Lyndon Johnson, Kennedy might well have lost Texas and other southern states and with it the White House.

Ronald Reagan's choice of the first George Bush in 1980 helped broaden appeal of that ticket.

When Clinton chose Gore in '92, it reinforced the image of a youthful, energetic Democratic team.

And in 2000, Dick Cheney gave Bush weight, and Joe Lieberman helped ease Al Gore's image as a cautious, risk adverse candidate.

In the debate, Dick Cheney will likely try to cast John Edwards as a callow charmer, hopelessly out of his depth in the grim war that's terror.

John Edwards will try to cast Dick Cheney as corporate man, deaf to the concerns of the other America, and a man who helped rush the United States into a war with Iraq.

This suggests that the civility inherent in the format will lead to civility in tone but very likely not in substance.

Jeff Greenfield, CNN, New York.

(END VIDEOTAPE)

SANCHEZ: And still to come here on NEWSNIGHT, the legal fight at Guantanamo Bay. Enemy combatants using the U.S. legal system as an ally.

Also separating fact from fiction or not. The "Da Vinci Code" in Europe.

A break first. Around the world, this is NEWSNIGHT.

(COMMERCIAL BREAK)

SANCHEZ: The Supreme Court was back in session today, as it always is on the first Monday of October.

On the docket, questions over federal sentencing guidelines. Justices heard arguments over whether a judge can extend a prisoner's sentence based on facts that haven't been considered by a jury. Telemarketers are now on permanent hold. The supreme refused to hear a challenge from telemarketers who claimed the federal "do not call" list violates their free speech.

And the justices turned away an appeal by ousted Alabama Chief Justice Roy Moore. He wanted his old job back. He was fired after refusing to tear down the Ten Commandments monument, as you may recall.

Some Supreme Court rulings have a greater effect than others. Take the one in June on the so-called enemy combatants. The justices said that those prisoners had a right to counsel. Since then the Justice Department has turned over information on only five detainees.

But today the Pentagon announced it did not have enough evidence to prosecute the remaining 550 prisoners. So now the Pentagon plans to release or extradite them to their own countries.

Here's CNN's Kelli Arena.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT (voice-over): Some of these men have been in custody nearly three years. Their detention has sparked much controversy. It even prompted a stage production briefly starring Desmond Tutu, the Nobel laureate.

ARCHBISHOP DESMOND TUTU, NOBEL PEACE PRICE LAUREATE: It is, I think, a blot on American justice.

ARENA: The issue is as emotional as it is complicated. While more than 200 men have been transferred from Guantanamo Bay back to their home countries, about 550 remain.

Back in June, the Supreme Court ruled detainees have a right to challenge their detentions in federal court.

Since then, the government has been conducting military tribunals to determine whether detainees qualify as enemy combatants. If they don't, they're released.

So far, 115 detainees have gone through this process, but critics say it's moving too slowly, a charge the government denies.

GORDON ENGLAND, NAVY SECRETARY: It's been very methodical. It's been very fair. And doing it quick has been the second priority. We're doing this right.

ARENA: Once a detainee is labeled a combatant, the next step is to determine whether he remains a threat or still has intelligence value.

Thomas Vilner, who is representing a dozen Kuwaiti detainees, says the system is stacked against his clients, men he has not been allowed to meet. THOMAS VILNER, LAWYER FOR KUWAITI DETAINEES: Under those procedures that people aren't allowed to confront the evidence against them, they really are not allowed to be represented properly. And the people making the decisions are not neutral decision makers.

ARENA: Vilner is challenging his clients' detention in federal court.

As similar cases make their way through the courts, military legal experts say the president's war powers could be in jeopardy.

SCOTT STILLMAN, DUKE UNIVERSITY LAW SCHOOL: It will be the first time in our history that the courts have gotten that involved in the president's decision during what we consider a time of war. And in that regard, it will have great significance.

ARENA (on camera): Perhaps the biggest problem for all involved is that the war could go on for generations.

Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

SANCHEZ: And this story. An American caught up in the war on terror is suing.

Brandon Mayfield, the lawyer from Oregon, he and his family filed suit today in federal court against the FBI and the Justice Department.

Now the lawsuit alleges they violated his civil rights. Mr. Mayfield, you may remember, was mistakenly detained in connection with the bombings of commuter trains in Madrid just this last spring.

The FBI erroneously believed that that his fingerprints matched those found on a bag of detonators.

Meanwhile, the FBI is also facing a manpower problem. It could be making Americans more vulnerable to violent crime. According to a report by the Justice Department's inspector general's office, the focus on terrorism has resulted in fewer agents and resources for investigating things like bank robberies, organized crime and the like.

The report shows a sharp decline in the number of such investigations, down by the tens of thousands since 9/11.

Ahead here on NEWSNIGHT, "The Da Vinci Code," a fictional phenomenon and a factual intrigue.

(COMMERCIAL BREAK

SANCHEZ: It's often said that fiction can reveal truths that get lost in the daily shuffle of life. Stories well told also blur the line between fantasy and reality. The blockbuster novel "The Da Vinci Code" has been on "The New York Times" best seller list for 79 weeks. A huge hit in France as well. Fans of the book are now pounding the streets of Paris, searching for facts born of fiction.

Here's CNN's Jim Bitterman.

(BEGIN VIDEOTAPE)

JIM BITTERMAN, CNN CORRESPONDENT (voice-over): It is a dark and stormy night. Yet at the church of in Paris there isn't a single self-mutilating albino monk in sight. At the Louvre Museum, not one dead curator lies dead on the parquet floor. And in a hayloft outside Paris, the secret listening post just isn't there. Yet even if they can't find all the details mentioned in the book, fans of "The Da Vinci Code" seem to have an insatiable need to link the fiction to reality, especially at the Louvre, where the opening murder scene takes place. UNIDENTIFIED MALE: One of the reasons we're going to the Louvre, I mean, we've been here several times. But it's trying to see it again exactly because of "The Da Vinci Code."

UNIDENTIFIED MALE: For sure, they're trying to match the truth and the fiction.

BITTERMAN: An art historian who gives tours of the Louvre happily corrects errors in the murder mystery including one in the first paragraph where the victim is described as a 76-year-old curator.

"Everyone knows," he says, "mandatory retirement age in France is 65."

Still, the art expert is not critical of "Da Vinci Code" tourists.

UNIDENTIFIED MALE: There's no better reason to come to the Louvre. So no, it's quite -- for us it is interesting as well. Because we can start a conversation and talk about some other things.

BITTERMAN: But across town at St. Sulpice, where the novel's mad monk uses a candleholder to murder a fictional nun, church fathers are not so upbeat about the new tourists.

They felt obliged to put up a sign explaining that the brass strip running across the floor is not what the book describes as a pagan astronomical device.

MICHEL ROUGE, ST. SULPICE HISTORIAN: It says a lot of things that are not true and I'm annoyed at the first three lines, saying that everything in the book which is historic is accurate.

BITTERMAN: Some even believe the "Da Vinci Code" is an attack at Christianity. (on camera) The book supposes that Mary Magdalene was the lover, if not wife, of Jesus Christ and that the two had a child who then became part of the bloodline of the kings of France.

And that Opus Dei, one of the fastest growing movements in the Catholic Church, is populated with assassins and plotters.

(voice-over) Another factor that has caused Catholics in particular to take a work of fiction so seriously is the novel's huge popularity on both sides of the Atlantic.

JOHN ALLEN, "NATIONAL CATHOLIC" REPORTER: What that indicates is that is a tremendous spiritual interest and tremendous hunger out there that for whatever reason, institutional Christianity does not seem to be able to satisfy.

BITTERMAN: True, the passions of the code-heads run deep. At the Chateau de Vilette, American Olivia Decker discovered her property figures notably in the "Da Vinci Code." So she's begun catering to "Da Vinci Code" tourists, sharing her home for $55,000 a week.

And she thinks the book's popularity is just beginning. She's already been contacted by a film company planning to shoot "Da Vinci Copde," the movie in and around her chateau.

Jim Bitterman, CNN, Villette, France.

(COMMERCIAL BREAK)

SANCHEZ: In Iraq, like in this country, elections are also looming, just three months away now. What's uncertain is whether the country is going to be stable enough by then for the vote to actually proceed.

Days ago U.S. and Iraqi troops launched a surprise offensive. First step in a drive to try and recapture the control of the insurgents. First stop, as you may have heard, Samarra. 75 miles north of Baghdad. An entire U.S. Army brigade, roughly 3,000 soldier, along with 2,000 Iraqi troops were sent in.

CNN's Jane Arraf has been the only reporter in the middle of the fighting.

(BEGIN VIDEOTAPE)

JANE ARRAF, CNN CORRESPONDENT (voice-over): Three days into the campaign to retake Samarra, major fighting is over. But the battle against insurgents continues.

This has been a test for Iraq's fledgling security force, the biggest joint U.S./Iraqi operation since the war. In some operations, Iraqi forces are taking the lead for the first time.

UNIDENTIFIED MALE: I will follow you. I will follow you.

ARRAF: This was a new Iraqi SWAT team, backed up by the U.S. Army's 1st Infantry Division.

(on camera) This special force, the first battalion of police commandos, was trained to conduct raids and to pave the way for other security forces. It was put together just six weeks ago.

(voice-over) In this house, the target was a Muslim cleric, the head of a renegade Shariah court based on Islamic law and a suspected financial backer of the insurgency.

The commandos found no one home, but they seized damping rods for explosives and literature they say incited violence.

In three other place, though, they had the wrong house. A local businessman they handcuffed was furious.

"These Iraqi forces are worse than American forces," he shouted.

Later in the day, the regional governor braved the streets and the anger of people incensed over the siege of Samarra. And still terrified.

This man said he buried two of his family in his backyard and asked for an escort to the cemetery. Others complained about neglect, lack of water and electricity.

"We won't see you for another month," this man tells the governor.

"Tell me what you need," Governor Hamad Hamud (ph) asked.

"A bit of electricity. We haven't had electricity in three days," he says.

Although there's no daytime curfew, with an estimated 50 civilians killed in fighting last week, commerce has stopped and people say they're too afraid of American forces to venture into the streets.

UNIDENTIFIED MALE: The problem is about the food and the movement of people and vehicles, cars and vehicles.

ARRAF: The U.S. military says the solution is to restore the local government and help them revive Samarra.

LT. COL. ERIC SHAUGHT, U.S. ARMY: Our intent is to reconstruct the city. That's what we're here to do, to assist the government to do that.

ARRAF: As a start, the governor has brought in electrical workers in Tikrit to repair the power lines.

People here, who have suffered for months without functioning security forces or local government, say apart from water and electricity, the main thing that will have to be restored is trust.

Jane Arraf, CNN, Samarra. (END VIDEOTAPE)

SANCHEZ: There are a couple of other notes from Iraq. The Al Jazeera television network aired a video today. It shows two men being shot to death.

One victim was an Iraqi citizen who lived in Italy and had returned to Iraq to seek business opportunities. The other was said to be a Turk. A group of Iraqi militants has claimed responsibility.

The U.S. Army today charged four U.S. soldiers with murder, accusing them of suffocating an Iraqi general during an interrogation last fall. They face a possible life sentence without parole.

All told, ten U.S. troops have now been charged with the murder and deaths in Iraq.

We'll have more news right here on NEWSNIGHT when we come back.

(COMMERCIAL BREAK)

SANCHEZ: Finally for us tonight, Mount St. Helens. It vented a bit more today, sending some steam and some ash high into the air for about 40 minutes.

A lot of fancy ways of saying it, but really it comes down to this. There's a lot going on inside.

Magma flowing, and there's more to come. Maybe tonight, maybe tomorrow. The experts agree some time soon. And since it's safer in Washington state than it was in Pompeii, people are flocking to see it.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I went to visit some friends, and decided to come up and see the steam come out.

UNIDENTIFIED FEMALE: I think it's really exciting. We've been by here twice now. We come to visit friends, and I teach first grade, so I am very interested to see what happens. I can tell them about it.

UNIDENTIFIED FEMALE: I think it's kind of -- you know, you keep looking over. It's like "Oh, it's steaming, it's steaming." It's poofing, actually. But why not? I will be interesting. Hoping it goes in the next hour.

(END VIDEO CLIP)

SANCHEZ: It didn't, by the way. But if and when if does, you can be sure that we're going to bring it to you, right into your living room. So keep the swiffer (ph) handy. That's a new word, by the way. I learned it.

Something else new today: I got a chance to sit in for Aaron. I'm told he'll be back tomorrow. We'll see you then.

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 4, 2004 - 22:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RICK SANCHEZ, GUEST HOST: And good evening, everyone. It comes down to this. With less than a month left for Americans to decide who they want as their next president, the CNN/Gallup poll shows they can't decide. Americans are statistically split right down the middle. In sports they would say the president blew the lead. In politics, it's a game of expectations.
That means tomorrow the pressure will be on the young lawyer from North Carolina with very little political experience to protect big mo, momentum. His opponent, Mr. Gravitas himself, a politician/businessman with oodles of political experience. That's the setup. As our nation's number two's prepare for debate number two.

Our "Whip" begins tonight with a look at both campaigns.

First, Kerry's covered by CNN's Dan Lothian.

Dan, a headline?

(BEGIN VIDEOTAPE)

DAN LOTHIAN, CNN CORRESPONDENT: Well, we are at the Cedar Rapids Airport where Senator Kerry is holding a rally. He's speaking about domestic issues here, so important to the voters in this state. Senator Kerry feeling very good about the latest poll numbers even as he goes aggressively after President Bush, not on Iraq but on stem cell research -- Rick.

SANCHEZ: Thank you, Dan. Next to Cleveland and CNN's John King. John, a headline from you?

JOHN KING, CNN SENIOR WHITE HOUSE CORRESPONDENT: Well, Rick, the Bush campaign says it didn't celebrate in the end zone when it was ahead, it said it won't cry in its beer now that it has had a setback. Won't cry in it's beer, but it will go on the attack on taxes and terrorism -- Rick.

SANCHEZ: On to the numbers game and the master of extrapolation, CNN's Bill Schneider.

Bill, take us to the bottom line, if you would.

WILLIAM SCHNEIDER, CNN SR. POLITICAL ANALYST: If you're looking to a real hot race for president look no further. We got one -- Rick.

SANCHEZ: Thank you, Bill.

Finally to elections elsewhere, literally a life and death story for some. CNN's Christiane Amanpour in Afghanistan is covering that part of the story for us. Christiane, to you.

CHRISTIANE AMANPOUR, CNN CHIEF INTERNATIONAL CORRESPONDENT: Rick, a vital place for the United States for the Bush administration here in Afghanistan. Osama bin Laden is still at large somewhere in this neighborhood. There's a resurgent Taliban in the south. And despite all the violence, these elections have to go forward on Saturday.

SANCHEZ: Thanks, Christiane, more with you later.

Also on the program tonight the fight in Samarra is over, but building trust is still a major battle for U.S. Forces.

Also "The Da Vinci Code" -- is there a reality to this fictional phenomenon. All that and more in the hour ahead.

We start things off though with that line you hear all the time from pollsters. If the election were held today, they say. Well, tonight with 29 days to go until the 2nd of November, it won't be long until that if, becomes a when. And you better believe the candidates know it as well. From here on out, swaying the undecided gives way to rallying the base. And tonight Senator Kerry and President Bush did exactly that. The president talking purse strings. The senator tugging heart strings. Here it comes. Two reports, beginning with CNN's Dan Lothian.

(BEGIN VIDEOTAPE)

LOTHIAN (voice-over): Riding a post-debate wave that's lifted him in the polls, Senator John Kerry appeared to have new life. One aide saying, we have the wind at our backs, but added this is not a time to put up our feet and relax. Taking advantage of every step to attack President Bush, the campaign focused on stem cell research at a New Hampshire town hall meeting. Getting help from a Hollywood star with his own personal battle. Actor Michael J. Fox suffers from the debilitating Parkinson's Disease.

MICHAEL J. FOX, ACTOR: John Kerry will lead. George Bush had the opportunity to lead, he chose to lead us in the wrong direction.

LOTHIAN: Some see it as the potential cure for diseases such as Parkinson's, Alzheimer's and Diabetes.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: The hard truth is when it comes to stem cell research this president is making the wrong choice to sacrifice science for extreme right wing ideology.

LOTHIAN: But there are critics with moral, ethical and scientific concerns. The Bush campaign called the attacks dishonest. The president has authorized federal funding for a limited supply of existing stem cells, but not for new stem cells which must come from human embryos. The Kerry campaign turned up the heat on television, with this new ad.

KERRY: It's time to lift the political barriers blocking the stem cell research.

President Bush just doesn't get it. Faced with the facts, he turns away. Time and again he's proven that he's stubborn, he's out of touch he's unwilling to change, he's unwilling to change course.

LOTHIAN: In Philadelphia, Kerry greeted stem cell experts, including doctors and scientists. Today Kerry also met with black religious leaders in Philadelphia, as he continues an effort to shore up support among African-Americans, especially in key battleground states.

(END VIDEOTAPE)

LOTHIAN: Even as the campaign focusing on domestic issues, they say that Iraq will still remain on the radar. They believe that they have to be strong not only on foreign policy, but domestic issues in order to win in less than 30 days. As for stem cell research, they say this is something that's important because they believe that many Americans agree with this. And they say polls indicate that Americans agree with this, not only Democrats but Republicans as well -- Rick.

SANCHEZ: Dan Lothian, following the story for us live. We thank you, Dan.

Now the other side. For the president, being president has its pluses and its minuses. On the one hand voters can hold him accountable for the economy. On the other hand, he, like any president, can do what challengers simply can't. He can show them the money. So again, here's CNN's John King.

(BEGIN VIDEOTAPE)

KING (voice-over): This signature made it four tax cuts in four years, relief for 94 million Americans and, as the president sees it, a boost for the economy.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: That money will help keep the economy moving forward. And result in even more new jobs for American workers.

KING: The $146 billion tax package extends the $1,000 child tax credit, the easing of the so-called marriage penalty, and the lower 10 percent tax bracket. Those tax breaks were scheduled to expire. The legislation had bipartisan support and the signing ceremony was a taxpayer funded event. But no mention of Democrat John Kerry here. But the president's second Iowa stop was paid for by the campaign.

BUSH: During the 20 years in the Senate he's voted to raise your taxes 98 times. Now all of a sudden he's saying he's for middle class tax relief. Except he voted against raising the child credit. He voted against reducing the marriage penalty. KING: The sharp criticism is part of a White House effort to regain lost momentum. Taxes and economy were on focus, including this new campaign ad.

UNIDENTIFIED MALE: Three-hundred and fifty times, higher taxes from the liberals in Congress and John Kerry.

KING: Iraq and terrorism another. Mr. Bush says Senator Kerry is wrong to call Iraq a diversion from the war on terror.

BUSH: The policies of my opponent are dangerous for world peace. If they were implemented, they would make this world not more peaceful but more dangerous.

KING: Vice President Cheney will carry that message into Tuesday night's debate, questioning whether the Democratic ticket has the judgment and the experience for the post-9/11 world.

KEN DUBERSTEIN, FORMER REAGAN CHIEF OF STAFF: Dick Cheney's gravitas is going to win out. You know, I've thought about the differences between Cheney and Edwards, and I would suggest to you more than anything else one is steak and one is sizzle.

KING: The president's preparations for his second debate included reviewing tapes of his facial expressions during last week's showdown.

(END VIDEOTAPE)

KING: That Friday night debate is a town hall setting. Aides say they are betting on the president to turn in a much stronger showing and to keep his temper in check. Of course the vice president up first here in Cleveland tomorrow night. Aides trying to downplay expectations, saying he'll be up against a trial lawyer, a senator with a golden tongue as some aides put it. But the Bush campaign counting on the vice president to turn in a strong performance and to re-excite any Republicans who got maybe a bit nervous after seeing the polls the recent of days -- Rick.

SANCHEZ: Rick, I'm struck by that last graph in your report, the one saying they'll be going over the tapes. The president is said to be very relatable to the American people.

Is there a fear they may over coach him?

KING: Well, the president was taken aback by the reviews after this debate, and he wanted to see his own facial expressions. He did go back through the videotapes. The White House has been complaining there's been too much analysis of the style of the debate and not enough analysis of the substance. But they know because of the president's reaction last time, because of his smirks, because of his obvious anger, his annoyance at some of the things that Senator Kerry was saying, that everyone will be watching closely this time. They believe in the town hall setting where the audience will be lit and interactive, if you will, with the candidates, it will be easier for the president to relate and to keep his facial expressions in check. But they wanted him to see what everyone was talking about.

SANCHEZ: John, if you can, I want you to listen to this. This is something that has Donald Rumsfeld today sounding somewhat definitive. A characteristic he's not usually given. He's talking about the possible link between Iraq and al Qaeda. Let's take a listen.

(BEGIN VIDEO CLIP)

DONALD RUMSFELD, SECRETARY OF DEFENSE: I have seen the answer to that question migrate in the intelligence community over a period of a year in the most amazing way. Second, there are differences in the intelligence community as to what the relationship was. To my knowledge, I have not seen any strong, hard evidence that links the two.

(END VIDEO CLIP)

SANCHEZ: I have not seen any strong, hard evidence that links the two he says. What do you expect the opponents of the president will use this -- how they will use this material, John.

KING: You can be certain the opponents will use it, because this defense secretary before the war in Iraq, said the evidence was bulletproof, that there was a relationship between Iraq and al Qaeda. Vice president Cheney, of course, on the debate stage tomorrow night, has said there is extensive overwhelming evidence of ties between Saddam Hussein's regime and al Qaeda. And the president himself has said that the Zarqawi network now conducting terrorism against the United States in Iraq is tied to al Qaeda. Secretary Rumsfeld in that same speech said that Zarqawi was a pea in the pod, meaning, he shared the goals of Osama bin Laden but he too had no direct ties.

So it is contradiction to much of what the administration has said in the past. Secretary Rumsfeld says he is simply reflecting a reassessment of the intelligence community. You can be sure the Democrats will seize on this, and you can bet it will be a question here tomorrow night here in Cleveland.

SANCHEZ: Following that force, we thank you, John.

On now to Iraq and again the fighting. New clashes on the streets of Sadr City between American troops and Shiite Militiamen loyal to Muqtada al-Sadr. Across town near the green zone, bombers once again took aim at the very people volunteering to keep the country safe and paying for it with their lives, we should add.

This is a report from CNN's Brent Sadler.

(BEGIN VIDEOTAPE)

BRENT SADLER, CNN CORRESPONDENT (voice-over): Two powerful car bomb attacks in central districts of Baghdad. The first, targeting an army recruitment center, killing around 15 and wounding at least 75 others, according to Iraq's health ministry. The explosion happened near a U.S. military checkpoint outside the heavily fortified green zone, home to the U.S. and British embassies. A white sports utility vehicle burst into flames amid scenes of bloodshed and panic. The attack plan was similar to scores of other strikes on Iraq's security forces, aimed at making Iraqis afraid of recruitment into the ranks of the police and army, as well as sapping morale among those already serving.

In a second blast, Iraqi reports say that bombers targeted two armored vehicles, of the type used by western security personnel and contractors in a busy commercial district. From the top of our hotel, we could see a large plume of black smoke. Then a brief gun battle, shots echoing across the city as Iraqi police reportedly exchanged fire with suspected insurgents.

(on camera): Even as U.S.-backed Iraqi forces claim success, overwhelmingly rebel strongholds north of Baghdad, insurgents can still strike terror in the heart of the capital.

(voice-over): West of Baghdad, U.S. war planes have again attacked suspected insurgent operations in Fallujah destroying what the U.S. military claims are the movements of weapons, training and the planning of terror attacks. The kind of attacks that shook the capital on this day.

Brent Sadler, CNN, Baghdad.

(END VIDEOTAPE)

SANCHEZ: A few other stories making news on this day. The so- called shoe bomber had an alleged accomplice. Attorney General John Ashcroft says in December of 2001, Sajod Badat teamed up with convicted shoe bomber Richard Reid to attack various U.S. targets. And they even bought custom made shoe bombs together. Badat is being held in London.

The shower scene that still terrifies. Actress Janet Leigh being repeated knifed in Alfred Hitchcock's "Psycho." During her long career she starred in over 50 films. Sunday Leigh died from a rare blood disease. She was 77.

Another legend dies, Astronaut Gordon Cooper. In 1959, he was named to project Mercury alongside Alan Shepard and John Glenn. Cooper was also the first man to travel into space on two different missions. Gordo was 77-years-old.

It looks like SpaceShipOne is the future of space travel. Brian Binnie was behind the stick as the tiny craft made it's second flight into space in five days. For that, his team won the X-Prize, as it's called, which comes with a $10 million purse.

Ahead, right here on NEWSNIGHT the winds of change in Afghanistan, women challenging men for political power.

Also enemy combatants at Guantanamo, and the ally they have in the U.S. legal system. This is NEWSNIGHT.

(COMMERCIAL BREAK) SANCHEZ: In the West Bank town Of Ramallah, several members of Yasser Arafat's personal guard were ambushed by undercover Israeli soldiers. Three died in the firefight. One Israeli soldier was also killed and one bystander injured. Witnesses say the Israeli soldiers followed the bodyguards into a supermarket and started firing. Israeli officials say their soldiers were doing a sweep, looking for wanted Palestinian militants.

And while that, the U.S. presidential race and Iraq are soaking up a lion's share of media attention, there's another pivotal election that's fast approaching a part of the world where the war on terror actually began. This Saturday, after more than two decades of conflict, Afghanistan is going to hold its first ever democratic presidential election. That in itself is a milestone. So is this, Afghanistan's interim President Hamid Karzai is running against 17 other candidates including a woman.

Here's CNN's Christiane Amanpour.

(BEGIN VIDEOTAPE)

AMANPOUR (voice-over): Down a dark corridor to a small election office filled with volunteers, Massouda Jalal is making history -- as the first ever Afghan woman to run for president.

MASSOUDA JALAL, AFGHAN PRESIDENTIAL CANDIDATE: Three years back, I couldn't even dream about being a presidential candidate. And if I win, what is the translation, the whole world will say that the people of Afghanistan won the election, not gun, not dollar.

AMANPOUR: With less than a week to the election, this 41-year- old mother of three begs for more TV time, organizing grassroots support, strategizes with her running mate.

JALAL: No fundamental change has been taken place. It's still women are not participating equally in political, social, economical and cultural life of the country. It's still women are not equally participating in the decision making power. It's still Afghan women are not participating equally in the leadership of the country.

AMANPOUR (on camera): So while she's a long shot to win, her candidacy is all about change. Here in the capital Kabul, girls are being educated and women can find work. But in the vast majority of Afghanistan, in the countryside, women still can't even leave their homes without permission from their fathers or their brothers. Still, a source of hope, according to the U.N., is that 41 percent of the voters they've registered are, in fact, women.

(voice-over): On this busy market street, women are excited about voting and about Massouda.

"She's capable and deserves to be a candidate" says this shopper. But in this bakery run by war widows, they shriek at the very thought.

"At no time could a woman become the leader of our country. Never" says Royal (ph). But these war widows say they'll vote for anyone except those candidates close to the warlords who kept this country fighting for 25 years.

MASSOUDA: Afghanistan is completely ready for a woman president. People are tired of war, people cannot trust, I mean, the fighters and the fighters are men. So that's why they're trusting a woman. A woman doesn't know how to fight at all. And a woman would not involved in fighting, in destruction, in bloodshed. The hands of the woman is clean.

AMANPOUR: Woman or man, voters say the winner of these elections will, above all, be the one they believe can keep the peace.

(END VIDEOTAPE)

AMANPOUR: Now, despite her groundbreaking candidacy, it is thought that Hamid Karzai, the current transitional president, will garner most of the vote. Not clear whether he'll be able to garner enough to avoid a runoff. But the fact is that many people here are pleased that he's been able to keep the peace for the last few years, but they still want more and more rapid reconstruction and more security. Unfortunately, since the defeat of the Taliban, the security has gone from bad to worse, particularly in the southern part of this country with the Taliban resurgents, Rick.

SANCHEZ: We get the sense in your report, Christiane, that Afghanistan is two countries, the area you describe around Kabul and, as you say, just about every place else in the country. What's the hope that that less rudimentary atmosphere in the capital will eventually get to the rest of the country?

AMANPOUR: Well, part of it is cultural, but in the capital they've always been more sophisticated and more educated. So part of it is that as well as in other big cities. And in the rural areas still a very, very conservative, traditional culture. So that democracy is barely even understood out there. I mean, most of the people in this country are illiterate. But part of the problem is that after the defeat of the Taliban, the international community did not do any robust peacekeeping. And therefore, in the southern area, the traditional home of the Taliban, they have been able to come up again and intimidate people who have been trying to register to vote, people who want to go to vote and including the voter registration teams, 12 of whom have been killed as they've tried to get people to register for these elections.

SANCHEZ: Do they talk about it? I'm curious. Once you mention the T-word, the Taliban, the reason we went to war in Afghanistan. Do Afghanis get a sense that they're there, feel their presence and do they combat them in any way, either with words or other actions?

AMANPOUR: They do talk about it, and, in fact, everybody we talked to, even here in the capital, which is relatively calm, although there have been bomb attacks and violence here over the last few months as well. But even here people talk about what they really want from their next leader is peace and security, because they've had these 25 years of war. And so particularly the women talk about the Taliban and the Taliban effect that still lingers. And we will have this report coming up this week, the other side of the woman question. Massouda is a groundbreaking candidate. She has shown the positive side of the intervention here. But there's still a lot of suffering, a lot of deprivation, a lot of inequality and violence that women here are undergoing.

SANCHEZ: Christiane Amanpour, we'll look forward to that next report. Thank you so much.

Coming up on NEWSNIGHT, Bill Schneider looks at the latest poll numbers and what they can tell us about this ever tightening race.

Also U.S. Forces have defeated insurgents in Samarra. Now they must win the battles of the hearts and minds. From the CNN Center, this is NEWSNIGHT.

(COMMERCIAL BREAK)

SANCHEZ: Last week's presidential debate was a reminder that every single presidential race can turn at any moment, any number of times all the way up to election day. A reminder in other words, that with 29 days to go, calling the race is a fool's errand.

CNN's Bill Schneider ain't nobody's fool.

(BEGIN VIDEOTAPE)

SCHNEIDER: Remember John Kerry's missing convention bounce, well, he finally got it from the first debate. A week ago, President Bush was 8 points ahead among likely voters. Then came the debate, where by better than 2-1, the public says Kerry did a better job. After the debate, Kerry gained 5 points, Bush lost 3, turning the presidential race into a dead heat.

After the late June handover of power to the interim Iraqi government, Iraq was a diminishing voter concern. The debate, on top of a lot of bad news coming out of Iraq, has changed that. Before the debate, Iraq lagged behind terrorism and the economy as a top concern to voters. After the debate, concern about Iraq suddenly intensified. The growing number of voters concerned about Iraq are voting for Kerry. So are voters whose top concern is the economy and healthcare. Terrorism is the only big issue that pays off for Bush.

So how come the election is so close, because it's not dominated by the issues. Those who say they're voting on the issues are voting for Kerry, but they are fewer than 4 in 10 voters. They're outnumbered by those who say their vote is driven by personal qualities. Those are Bush voters. What personal qualities, intelligence, the public believes Kerry is more intelligent than Bush.

What qualities do voters admire in President Bush?

BUSH: I made some tough decisions. But people know where I stand.

SCHNEIDER: Strength. By a wide margin, voters continue to see Bush as a stronger leader than Kerry.

(END VIDEOTAPE)

SCHNEIDER: The race is now wide open, but there are two more presidential debates, and either of them could turn things dramatically, just as the first debate did -- Rick.

SANCHEZ: You know, they have an expression in the south, Bill, they say dance with the one that brung you. And I'm thinking to myself, watching as you analyze these things, that a lot of folks in this country are thinking, you know, when we were attacked he was the president. We better dance with the one that brung us, is that the thinking?

SCHNEIDER: That's part of it. Those who say in a time of tension and turmoil and danger in the world, it is better not to change horses. And the Republicans are certainly encouraging that sentiment. But the Democrats are running on the issue of change, because they're saying that under President Bush the country has not been safer, the war in Iraq has not made the United States safer. In fact, Kerry argued quite clearly in that first debate that the war in Iraq was actually a mistake. A diversion from the war on terrorism. And according to our poll, he made some headway with public opinion. The number of Americans who say the war in Iraq was a mistake actually went up after the first debate, and Americans are now divided over that issue.

SANCHEZ; Yes, the numbers certainly went from 42 to 48. There's another graph that maybe we can talk about Bill. This is the one that says who do you trust more as your commander in chief. This is an area where Bush wins, right?

SCHNEIDER: That's right. He wins but not by quite as much as he did before. Kerry used the debate to reassure voters that he's capable of serving as commander in chief. Look at this.

Before the debate Bush had a 16-point lead as the candidate the voters that trusted more to be commander in chief. After the debate, you can see Bush still is ahead, but his lead shrank to just five points. So Kerry made some headway on that issue in the debate.

SANCHEZ: Bill Schneider, we thank you so much for the analysis. We'll talk to you again.

SCHNEIDER: Sure.

SANCHEZ: For more now on tomorrow and yesterday and what one has to say about the other.

History rarely pays a lot of attention to the second banana, as they're sometimes called. Nobody remembers the sidekick. It's the Captain, then Tenille, right?

The same generally holds true for vice presidents, but generally isn't always.

Here's CNN's Jeff Greenfield.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: We ought to be talking about that.

JEFF GREENFIELD, CNN CORRESPONDENT (voice-over): They've had their moments, these vice presidential debates, even the first one that included this sharp exchange.

BOB DOLE (R), FORMER VICE PRESIDENTIAL CANDIDATE: If we added up the killed and wounded in Democrat wars in this century, it would be about 1.6 million Americans.

WALTER MONDALE (D), FORMER VICE PRESIDENT OF THE UNITED STATES: I think Senator Dole has richly earned his reputation as a hatchet man tonight.

GREENFIELD: And this most famous of moments in 1988 when Senator Dan Quayle compared his resume, accurately, by the way, to John Kennedy's.

DAN QUAYLE (R), FORMER VICE PRESIDENT OF THE UNITED STATES: I have as much experience in the Congress as Jack Kennedy did.

LLOYD BENTSEN (D), FORMER VICE PRESIDENTIAL CANDIDATE: Jack Kennedy was a friend of mine. Senator, you're no Jack Kennedy.

GREENFIELD: And the very civility, the geniality of the 2000 Lieberman/Cheney debate helped the now vice president soften his image.

DICK CHENEY (R), VICE PRESIDENT OF THE UNITED STATES: I promise not to bring up your singing.

GREENFIELD (on camera): But did any of these vice presidential debates alter the outcome of a presidential election? Almost surely not. But that's also the right question.

The real question is, do vice presidential choices matter? And here the answer is more than you might think.

(voice-over) Richard Nixon once said the V.P. choice can't help you, only hurt you. And you can understand his thinking.

RICHARD NIXON (R), FORMER PRESIDENT OF THE UNITED STATES: Integrity has been questioned.

GREENFIELD: In 1952, he had to give his famous Checkers speech to save his spot on the ticket after charges of a campaign slush fund emerged.

In 1968, Nixon's pick, Governor Spiro Agnew, made enough verbal stumbles that Democrats ran an ad mocking him.

Four years later when Democratic nominee Tom Eagleton was forced off the ticket in the wake of his history of depression, that pretty much destroyed whatever chance the McGovern campaign ever had.

And both Geraldine Ferraro in 1984...

GERALDINE FERRARO (D), FORMER VICE PRESIDENTIAL CANDIDATE: ... his tax forms.

GREENFIELD: ... and Dan Quayle in '88...

QUAYLE: Get in the Air National Guard, six years in college.

GREENFIELD: ... faced unsettling questions about their backgrounds, financial and military, respectively.

But the V.P. pick has also helped. Without Lyndon Johnson, Kennedy might well have lost Texas and other southern states and with it the White House.

Ronald Reagan's choice of the first George Bush in 1980 helped broaden appeal of that ticket.

When Clinton chose Gore in '92, it reinforced the image of a youthful, energetic Democratic team.

And in 2000, Dick Cheney gave Bush weight, and Joe Lieberman helped ease Al Gore's image as a cautious, risk adverse candidate.

In the debate, Dick Cheney will likely try to cast John Edwards as a callow charmer, hopelessly out of his depth in the grim war that's terror.

John Edwards will try to cast Dick Cheney as corporate man, deaf to the concerns of the other America, and a man who helped rush the United States into a war with Iraq.

This suggests that the civility inherent in the format will lead to civility in tone but very likely not in substance.

Jeff Greenfield, CNN, New York.

(END VIDEOTAPE)

SANCHEZ: And still to come here on NEWSNIGHT, the legal fight at Guantanamo Bay. Enemy combatants using the U.S. legal system as an ally.

Also separating fact from fiction or not. The "Da Vinci Code" in Europe.

A break first. Around the world, this is NEWSNIGHT.

(COMMERCIAL BREAK)

SANCHEZ: The Supreme Court was back in session today, as it always is on the first Monday of October.

On the docket, questions over federal sentencing guidelines. Justices heard arguments over whether a judge can extend a prisoner's sentence based on facts that haven't been considered by a jury. Telemarketers are now on permanent hold. The supreme refused to hear a challenge from telemarketers who claimed the federal "do not call" list violates their free speech.

And the justices turned away an appeal by ousted Alabama Chief Justice Roy Moore. He wanted his old job back. He was fired after refusing to tear down the Ten Commandments monument, as you may recall.

Some Supreme Court rulings have a greater effect than others. Take the one in June on the so-called enemy combatants. The justices said that those prisoners had a right to counsel. Since then the Justice Department has turned over information on only five detainees.

But today the Pentagon announced it did not have enough evidence to prosecute the remaining 550 prisoners. So now the Pentagon plans to release or extradite them to their own countries.

Here's CNN's Kelli Arena.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT (voice-over): Some of these men have been in custody nearly three years. Their detention has sparked much controversy. It even prompted a stage production briefly starring Desmond Tutu, the Nobel laureate.

ARCHBISHOP DESMOND TUTU, NOBEL PEACE PRICE LAUREATE: It is, I think, a blot on American justice.

ARENA: The issue is as emotional as it is complicated. While more than 200 men have been transferred from Guantanamo Bay back to their home countries, about 550 remain.

Back in June, the Supreme Court ruled detainees have a right to challenge their detentions in federal court.

Since then, the government has been conducting military tribunals to determine whether detainees qualify as enemy combatants. If they don't, they're released.

So far, 115 detainees have gone through this process, but critics say it's moving too slowly, a charge the government denies.

GORDON ENGLAND, NAVY SECRETARY: It's been very methodical. It's been very fair. And doing it quick has been the second priority. We're doing this right.

ARENA: Once a detainee is labeled a combatant, the next step is to determine whether he remains a threat or still has intelligence value.

Thomas Vilner, who is representing a dozen Kuwaiti detainees, says the system is stacked against his clients, men he has not been allowed to meet. THOMAS VILNER, LAWYER FOR KUWAITI DETAINEES: Under those procedures that people aren't allowed to confront the evidence against them, they really are not allowed to be represented properly. And the people making the decisions are not neutral decision makers.

ARENA: Vilner is challenging his clients' detention in federal court.

As similar cases make their way through the courts, military legal experts say the president's war powers could be in jeopardy.

SCOTT STILLMAN, DUKE UNIVERSITY LAW SCHOOL: It will be the first time in our history that the courts have gotten that involved in the president's decision during what we consider a time of war. And in that regard, it will have great significance.

ARENA (on camera): Perhaps the biggest problem for all involved is that the war could go on for generations.

Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

SANCHEZ: And this story. An American caught up in the war on terror is suing.

Brandon Mayfield, the lawyer from Oregon, he and his family filed suit today in federal court against the FBI and the Justice Department.

Now the lawsuit alleges they violated his civil rights. Mr. Mayfield, you may remember, was mistakenly detained in connection with the bombings of commuter trains in Madrid just this last spring.

The FBI erroneously believed that that his fingerprints matched those found on a bag of detonators.

Meanwhile, the FBI is also facing a manpower problem. It could be making Americans more vulnerable to violent crime. According to a report by the Justice Department's inspector general's office, the focus on terrorism has resulted in fewer agents and resources for investigating things like bank robberies, organized crime and the like.

The report shows a sharp decline in the number of such investigations, down by the tens of thousands since 9/11.

Ahead here on NEWSNIGHT, "The Da Vinci Code," a fictional phenomenon and a factual intrigue.

(COMMERCIAL BREAK

SANCHEZ: It's often said that fiction can reveal truths that get lost in the daily shuffle of life. Stories well told also blur the line between fantasy and reality. The blockbuster novel "The Da Vinci Code" has been on "The New York Times" best seller list for 79 weeks. A huge hit in France as well. Fans of the book are now pounding the streets of Paris, searching for facts born of fiction.

Here's CNN's Jim Bitterman.

(BEGIN VIDEOTAPE)

JIM BITTERMAN, CNN CORRESPONDENT (voice-over): It is a dark and stormy night. Yet at the church of in Paris there isn't a single self-mutilating albino monk in sight. At the Louvre Museum, not one dead curator lies dead on the parquet floor. And in a hayloft outside Paris, the secret listening post just isn't there. Yet even if they can't find all the details mentioned in the book, fans of "The Da Vinci Code" seem to have an insatiable need to link the fiction to reality, especially at the Louvre, where the opening murder scene takes place. UNIDENTIFIED MALE: One of the reasons we're going to the Louvre, I mean, we've been here several times. But it's trying to see it again exactly because of "The Da Vinci Code."

UNIDENTIFIED MALE: For sure, they're trying to match the truth and the fiction.

BITTERMAN: An art historian who gives tours of the Louvre happily corrects errors in the murder mystery including one in the first paragraph where the victim is described as a 76-year-old curator.

"Everyone knows," he says, "mandatory retirement age in France is 65."

Still, the art expert is not critical of "Da Vinci Code" tourists.

UNIDENTIFIED MALE: There's no better reason to come to the Louvre. So no, it's quite -- for us it is interesting as well. Because we can start a conversation and talk about some other things.

BITTERMAN: But across town at St. Sulpice, where the novel's mad monk uses a candleholder to murder a fictional nun, church fathers are not so upbeat about the new tourists.

They felt obliged to put up a sign explaining that the brass strip running across the floor is not what the book describes as a pagan astronomical device.

MICHEL ROUGE, ST. SULPICE HISTORIAN: It says a lot of things that are not true and I'm annoyed at the first three lines, saying that everything in the book which is historic is accurate.

BITTERMAN: Some even believe the "Da Vinci Code" is an attack at Christianity. (on camera) The book supposes that Mary Magdalene was the lover, if not wife, of Jesus Christ and that the two had a child who then became part of the bloodline of the kings of France.

And that Opus Dei, one of the fastest growing movements in the Catholic Church, is populated with assassins and plotters.

(voice-over) Another factor that has caused Catholics in particular to take a work of fiction so seriously is the novel's huge popularity on both sides of the Atlantic.

JOHN ALLEN, "NATIONAL CATHOLIC" REPORTER: What that indicates is that is a tremendous spiritual interest and tremendous hunger out there that for whatever reason, institutional Christianity does not seem to be able to satisfy.

BITTERMAN: True, the passions of the code-heads run deep. At the Chateau de Vilette, American Olivia Decker discovered her property figures notably in the "Da Vinci Code." So she's begun catering to "Da Vinci Code" tourists, sharing her home for $55,000 a week.

And she thinks the book's popularity is just beginning. She's already been contacted by a film company planning to shoot "Da Vinci Copde," the movie in and around her chateau.

Jim Bitterman, CNN, Villette, France.

(COMMERCIAL BREAK)

SANCHEZ: In Iraq, like in this country, elections are also looming, just three months away now. What's uncertain is whether the country is going to be stable enough by then for the vote to actually proceed.

Days ago U.S. and Iraqi troops launched a surprise offensive. First step in a drive to try and recapture the control of the insurgents. First stop, as you may have heard, Samarra. 75 miles north of Baghdad. An entire U.S. Army brigade, roughly 3,000 soldier, along with 2,000 Iraqi troops were sent in.

CNN's Jane Arraf has been the only reporter in the middle of the fighting.

(BEGIN VIDEOTAPE)

JANE ARRAF, CNN CORRESPONDENT (voice-over): Three days into the campaign to retake Samarra, major fighting is over. But the battle against insurgents continues.

This has been a test for Iraq's fledgling security force, the biggest joint U.S./Iraqi operation since the war. In some operations, Iraqi forces are taking the lead for the first time.

UNIDENTIFIED MALE: I will follow you. I will follow you.

ARRAF: This was a new Iraqi SWAT team, backed up by the U.S. Army's 1st Infantry Division.

(on camera) This special force, the first battalion of police commandos, was trained to conduct raids and to pave the way for other security forces. It was put together just six weeks ago.

(voice-over) In this house, the target was a Muslim cleric, the head of a renegade Shariah court based on Islamic law and a suspected financial backer of the insurgency.

The commandos found no one home, but they seized damping rods for explosives and literature they say incited violence.

In three other place, though, they had the wrong house. A local businessman they handcuffed was furious.

"These Iraqi forces are worse than American forces," he shouted.

Later in the day, the regional governor braved the streets and the anger of people incensed over the siege of Samarra. And still terrified.

This man said he buried two of his family in his backyard and asked for an escort to the cemetery. Others complained about neglect, lack of water and electricity.

"We won't see you for another month," this man tells the governor.

"Tell me what you need," Governor Hamad Hamud (ph) asked.

"A bit of electricity. We haven't had electricity in three days," he says.

Although there's no daytime curfew, with an estimated 50 civilians killed in fighting last week, commerce has stopped and people say they're too afraid of American forces to venture into the streets.

UNIDENTIFIED MALE: The problem is about the food and the movement of people and vehicles, cars and vehicles.

ARRAF: The U.S. military says the solution is to restore the local government and help them revive Samarra.

LT. COL. ERIC SHAUGHT, U.S. ARMY: Our intent is to reconstruct the city. That's what we're here to do, to assist the government to do that.

ARRAF: As a start, the governor has brought in electrical workers in Tikrit to repair the power lines.

People here, who have suffered for months without functioning security forces or local government, say apart from water and electricity, the main thing that will have to be restored is trust.

Jane Arraf, CNN, Samarra. (END VIDEOTAPE)

SANCHEZ: There are a couple of other notes from Iraq. The Al Jazeera television network aired a video today. It shows two men being shot to death.

One victim was an Iraqi citizen who lived in Italy and had returned to Iraq to seek business opportunities. The other was said to be a Turk. A group of Iraqi militants has claimed responsibility.

The U.S. Army today charged four U.S. soldiers with murder, accusing them of suffocating an Iraqi general during an interrogation last fall. They face a possible life sentence without parole.

All told, ten U.S. troops have now been charged with the murder and deaths in Iraq.

We'll have more news right here on NEWSNIGHT when we come back.

(COMMERCIAL BREAK)

SANCHEZ: Finally for us tonight, Mount St. Helens. It vented a bit more today, sending some steam and some ash high into the air for about 40 minutes.

A lot of fancy ways of saying it, but really it comes down to this. There's a lot going on inside.

Magma flowing, and there's more to come. Maybe tonight, maybe tomorrow. The experts agree some time soon. And since it's safer in Washington state than it was in Pompeii, people are flocking to see it.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I went to visit some friends, and decided to come up and see the steam come out.

UNIDENTIFIED FEMALE: I think it's really exciting. We've been by here twice now. We come to visit friends, and I teach first grade, so I am very interested to see what happens. I can tell them about it.

UNIDENTIFIED FEMALE: I think it's kind of -- you know, you keep looking over. It's like "Oh, it's steaming, it's steaming." It's poofing, actually. But why not? I will be interesting. Hoping it goes in the next hour.

(END VIDEO CLIP)

SANCHEZ: It didn't, by the way. But if and when if does, you can be sure that we're going to bring it to you, right into your living room. So keep the swiffer (ph) handy. That's a new word, by the way. I learned it.

Something else new today: I got a chance to sit in for Aaron. I'm told he'll be back tomorrow. We'll see you then.

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