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Viable Explosives, Rally to Restore Sanity and/or Fear, Anna Nicole Smith Verdict; Obama Is Being Briefed On Terror Package Plot While On The Campaign Trail

Aired October 30, 2010 - 12:00   ET

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

T.J. HOLMES, CNN ANCHOR: Well, a look now at some of the stories making headlines.

Investigators trying to figure out why a Wal-Mart employee opened fire on his co-workers. Police say the gunman shot three employees at a Wal-Mart store in Reno, Nevada. The 46-year-old suspect facing attempted murder charges. The victims are expected to recover.

The wife of rapper T.I. has been charged with misdemeanor drug possession in Los Angeles. Tameka Cottle is the name, also known as "Tiny," accused of possessing ecstasy. Cottle and T.I. were arrested last month after police found suspected drugs during a traffic stop in West Hollywood.

The drug charges out in L.A. have been dropped against T.I., however, but they were dropped only after a judge determined he had violated his parole and determined he was going to have to go back to prison.

And finally, game three of the World Series happening tonight in Arlington, Texas. This will be a first for the Texas Rangers, first time they've ever hosted a World Series game. Unfortunately, they wish it was under better circumstances. They're actually down two games to none to the Giants, right now.

Now it's time to hand it over to Fredricka. And folks, you got to tune in because this hour Fredricka is going to reveal her Halloween costume.

FREDRICKA WHITFIELD, CNN NEWS ANCHOR: A little happy Halloween. That's right.

HOLMES: Looking forward to seeing it, Fredricka. Always good to see you.

WHITFIELD: Thanks so much, T.J.

All right, we're going to continue our look at the security concerns, worldwide. Airports are redoubling efforts to screen passengers and packages and just yesterday two packages with explosives were intercepted in Dubai and the United Kingdom. The British homeland security secretary says the device uncovered there was, "Viable and could have exploded onboard an aircraft." Both were on cargo planes bound for the U.S., and both came from Yemen. Cargo workers there are being questioned, and shipping companies have been asked to stop transporting cargo from Yemen at least through Monday. Investigators from the U.S. And Britain and all the way to Yemen, of course, are all on the case. Let's get right to our Homeland Security correspondent, Jeanne Meserve.

So, you've been digging on this for more than 24 hours, now. What more are we hearing about who might be responsible and what was discovered and how and what might be next?

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT: Fredricka, there's still a lot of unanswered questions. Obviously, President Obama is one of the people who wants to get the answer to this, and one of our cameras, this morning, could see through the windows of the Oval Office that he was talking this morning with his counterterrorism adviser, John Brennan. In addition, there have been some phone calls, one to the British prime minister, David Cameron, in which the president expressed his thanks to the British for their help in this matter. As you mentioned, one of these packages was intercepted on British soil, and they, in fact, are the ones that are doing the forensic examination of this device to determine exactly how it was made, what it was made of, and what it could do. And this morning the British home secretary, Theresa May, made a few comments about what they'd found.

(BEGIN VIDEO CLIP)

THERESA MAY, BRITISH HOME SECURITY: Our preliminary investigation is now complete. I can confirm that the device was viable and could have exploded. The target may have been an aircraft, and had it detonated, the aircraft could have been brought down. We do not believe that the perpetrators of the attack would have known the location of the device when it was planned to explode.

(END VIDEO CLIP)

MESERVE: Now, yesterday we were looking at photographs repeatedly of the device found in Britain. We now, of course, have photographs of the second device, the one that was stopped in Dubai. And if you look at these photographs, you do see a lot of white powder on the device. Sources tell us that this is the explosive PETN, and that there were many times the amount here that were found in the underwear bomb that was discovered on Christmas Day on the alleged Christmas Day bomber, Umar Farouk Abdulmutallab.

Forensics, of course, are continuing on this. One of the things they want to find out is who made this, was this indeed al Qaeda in the Arabian Peninsula that was behind this attempted attack. I'm told by officials this morning that they don't have any evidence that lessens their belief that it was indeed the group known as AQAP. Packages meanwhile continue to be looked at. There's a special scrutiny of packages coming in from Yemen. All indications are that they have not found anything else of concern at this point in time -- Fredricka.

WHITFIELD: And so I wonder, Jeanne, too, if any of your sources are saying anything about the kind of chatter that has resulted from this interception? Chatter in the states or whether it be in Great Britain or even in United Arab Emirates?

MESERVE: No, we're not hearing anything at all about that, Fredricka. In fact, there's largely a cone of silence over the U.S. Government, today. I think they are leaving it largely to their counterparts overseas today to talk about what they found. They are trying to continue the investigation, undoubtedly here on many, many fronts, but they aren't sharing with us what they're hearing or much about what they're learning -- Fredricka.

WHITFIELD: All right, thanks so much, Jeanne Meserve, appreciate that.

All right, meantime, synagogues in the Chicago area are still on alert. A spokesperson for the Jewish Federation of Metropolitan Chicago says federal agents have warned them to be on the lookout for any unsolicited or unexpected deliveries, especially packages mailed from overseas. The Anti-Defamation League is suggesting the same for synagogues across the country, especially in mailrooms.

So, the president is being briefed on the terror investigation throughout the day, even though he's on the campaign trail. This morning he spoke with British Prime Minister David Cameron. The White House says the president expressed his expression for the professionalism of U.S. and British intelligence services who helped uncover the plot. The president is not canceling any of his campaign appearances, today. Right now he is attending a DNC rally, Democratic National Committee rally in the key state of Pennsylvania. We'll have a live report in just a few minutes.

But first, here's what he did say at the Philadelphia rally that he attended just moments ago.

(BEGIN VIDEO CLIP)

BARACK OBAMA (D), UNITED STATES PRESIDENT: We are in a difficult election. It's difficult here in Pennsylvania, it is difficult all across the country and unless each and every one of you turn out and get your friends to turn out and get your families to turn out, then we could fall short, and all the progress that we've made over the last couple years can be rolled back.

(END VIDEO CLIP)

WHITFIELD: With the Election Day just three days away, will the terror plot be on the minds of voters as they head to the polls? CNN's deputy political director, Paul Steinhauser is in Charleston, West Virginia where Democrats are fighting to keep a Senate seat that they have held onto for more than a half a century. Paul, what impact, if any, do you think the terror plot may have on this Election Day?

PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: Well Fred, more people are thinking about it now today than they were yesterday at this time, that is obvious. And they'll probably continue to think about it throughout the weekend as media reports continue. But look at this, this is our most recent CNN/Opinion Research Cooperation national survey. What's the most important issue to you for your vote? Look at what's up the top. A no-brainer, right? The economy, jobs -- 49 percent of Americans. Where is terrorism? Way down that list at three percent. It really, up until yesterday, had not been playing much of a role on the minds of American voters. But, when it does come to the issue, Republicans do have an advantage. Take a look at this next graphic, a 12-point advantage Republicans have when we asked specifically if the U.S. is moving in the right direction on terrorism. If the Republicans control Congress, 58 percent, if the Democrats control Congress, 46 percent.

Fred, traditionally Republicans have had an advantage on the issue of terrorism.

WHITFIELD: Now, let's talk about what the polls are saying about the president's popularity before this incident were to happen in the past 24 to 48 hours.

STEINHAUSER: And this is interesting, because you know, he is not on the ballot, the president is not up for election this year, but he's a big part of this election, a big issue. Republicans are trying to make this election a referendum on President Barack Obama and what he's done in office, especially on the economy. So check it out, what do Americans think? Here's our latest CNN poll or polls, we took the most recent four national surveys and averaged them together and you can see right there, 48 percent of Americans approve of the job Barack Obama is doing in the White House, 45 percent disapprove of the job the president is doing.

This is interesting, Fred, this is the first time in our poll of polls that the president has the plurality giving him the thumbs up and more people saying yes they approve than disapprove. First time in awhile -- Fred.

WHITFIELD: And so here you are in beautiful, picturesque Charleston, West Virginia. Why is that race in West Virginia so pivotal?

STEINHAUSER: Oh, it really is. Remember, the Republicans need a net gain of 10 seats to reclaim the chamber of the Senate and they need to win right here, his is one of the seats, a seat that's been in Democratic hands for over 50 years. I'm at Riverside Pavilion, right here, and you can see people are gathering. The Republicans are bringing a big name in here in about an hour from now. Sarah Palin, the former Alaska governor, this was announced last night, she will be here at this rally and joined by Ted Nugent, he is a roll and roll star, a conservative activist and outspoken critic of President Barack Obama. They will be teaming up with John Racy. He is the Republican Senate nominee. He is going up against a very popular Democratic governor Joe Mansion for the open seat. But, Mansion has been tied to President Barack Obama by Republicans. Obama is not very popular here in this state, so the Republicans are bringing in big names and big surrogates in the last couple days. They feel very optimistic they can win back this seat. The top nonpartisan handicappers, Fred, they say this race is too close to call. It is a toss-up -- Fred. WHITFIELD: All right, and you're there at the racetrack, so nice little parallels there in the dialogue. Thanks so much. Paul Steinhauser, appreciate that.

WHITFIELD: All right, well political heavy-hitters are out on the trail this weekend, even if they're not looking for a seat to fill. As we mentioned, President Obama is in Pennsylvania right now. He'll make stops in Connecticut as well as Illinois. Former President Bill Clinton is attending three Democratic rallies in the battleground state of Ohio.

And on the Republican side Sarah Palin makes a last-minute stop in West Virginia. You heard Paul talking about that. She heads to New Jersey later for a Tea Party event and RNC chair, Michael Steele and his "Fire Pelosi" bus tour makes a stop in Baltimore, Maryland, his old stomping grounds of Maryland.

All right, so there's an untraditional gathering taking place in Washington, underscore the world "nontraditional." Two of comedy central's biggest stars are co-hosting an event that has got a lot of people talking. Jon Stewart and Stephen Colbert are getting ready to poke a little fun, maybe even a lot of fun at politics except that image you're seeing right there, that is not the nation's capital, that's West Virginia, right there. So we'll take you live to the Rally to Restore Sanity and/or Fear is what they're calling it. We'll be right back right after this.

(COMMERCIAL BREAK)

WHITFIELD: OK, take a look, right now, isn't that a gorgeous view. That's the nation's capital, the National Mall. Thousands of people are expected to converge and clearly have already converged on D.C. to support Jon Stewart and Stephen Colbert in what's expected to be a massive tongue and cheek kind of demonstration. The Comedy Central funny men are promising to shake things up with their so-called Rally to Restore Sanity and/or Fear, just a few days before midterm elections. So, with humor and politics taking central stage in the nation's capital, Pete Dominick is there as well, the host of CNN's WHAT THE WEEK. Well, he's talking to the crowd there.

So, now are people there conscience of politics or are they there because of the lure of comedy?

PETE DOMINICK, CNN NEWS CORRESPONDENT: Yeah, definitely. Well, first of all, let me just say to you and to T.J., earlier, I want to just say na-na-na-na-na-na, I'm here and you guys aren't because this is a party. That's what it is. It's a party. There's beach balls floating around, there's music, the Roots are playing and they're joined by another legend, John Legend. So, there's live music, there's about to be some live comedy.

And as you know, I worked for the "Colbert Report" for five years and the "Daily Show" for two years. We're going to have a great show, today. Will it be political? Yes, it probably will be, I assume, to some extent. But right now, for the most of the time, I think it's just a party -- Fredricka. WHITFIELD: OK. But, help me understand, why they have, I guess, trying to combined -- why are they trying to combine politics and comedy here, and if the audience seems to be on board with that.

DOMINICK: Yeah. I mean, listen, every artist is always an activist. Not every, but through time, through music, through comedy, and every other type of art there is activism, there is issues. That's what these guys do. There's no secret about that, I don't think, and I don't know why we keep speculating about it so much. These guys do have issues and (INAUDIBLE) and they push an agenda to some extent. I think that's clear, and I think we'll see a little bit of that today, but I think we'll see a lot of comedy and a lot of entertainment. And I'm talking to a lot of people out here, today. A lot of them just came out here to have a great time. It's a beautiful day and there's great music and fun and it's packed. Shoulder-to-shoulder, people are literally greasing themselves up to make their way through the audience.

DOMINICK: I made that up.

WHITFIELD: Yeah, I know you did. And so I'm seeing a lot of smiles in the background there, too. And just trying to look at the audiences, there. Looks like a 20 something's.

DOMINICK: A lot of 20 somethings, but you know what? A lot of 50 and 60. I'm talking to some older people. There's also a lot of diversity. I see black, I see Hispanic, I see Asian, I see old and I see young. I even see a guy with a sleeveless, if you believe it. So there's a lot of -- it's mixed demographics, I think. Most demographics are represented here today, Fredricka.

WHITFIELD: OK, well he's sleeveless so that he can get the grease on the arms and shoulders like you were describing. Pete Dominick, thanks so much.

And of course, WHAT THE WEEK later on today, 7:30. Do I have that right, 7:30 Eastern Time? OK, we'll be tuning in and we'll be watching you throughout the day, too.

We will be visiting and you at home will visit the nation's capital many times today, because the best political team on television comes your way. CNN's BALLOT BOWL begins at 1:00 Eastern Time. Hear the candidates, as well. President Obama and former governor Sarah Palin in their own words as they count down to Tuesday's midterm elections three days away.

All right, he was with Anna Nicole Smith right before she died of an accidental overdose. Now her lawyer, turned boyfriend is saying why he used his name to get drugs for her. That's in our legal segment.

(COMMERCIAL BREAK)

WHITFIELD: All right, something to jar your memory. More than 30 years after it first appeared on the Broadway stage, a ground-breaking celebration of women is finally coming to the movies. "For Colored Girls" focuses on the triumphs and tragedies of nine women as they struggle for identity, self-respect and self preservation. The ensemble cast includes Janet Jackson, Whoopi Goldberg, Felicia Allen, Kerry Washington and Kimberly Elise.

I actually had a chance to sit down with Kerry Washington and Kimberly Elise earlier in the week for a face-to-face discussion on "For Colored Girls."

(BEGIN VIDEO CLIP)

So, what do you hoping is the lesson that is imparted for anyone that goes whether you are troubled or encounter some of these struggles or not?

KIMBERLY ELISE, ACTRESS: At the end of the film there's a line, "I found god in myself and I loved her fiercely." And there's a journey for all of these women to find the light within themselves and love themselves first. But I think, and that's important, but I think it's even more important for anybody who goes in to see this film to take from it whatever it is that they need. There is no one message that's going to fit everybody and that's what's so magical about this piece is that whatever it is you need, wherever it is you are in your life in your experience, there's something there for you to take from it that will enhance your life, help you heal, help you move to your next great level, and shine your light and so for me there isn't one message that's going to cover everybody.

WHITFIELD: Was there something that you take from this experience that you know will just stay with you?

KERRY WASHINGTON, ACTRESS: She actually got gray hairs playing the character.

ELISE: I did.

WASHINGTON: Because her body was caught up in the reality of the role she was playing.

ELISE: It's true. I went with about five gray hairs and came home with 50, seriously, in a matter of weeks. It was that intense, but it was that gratifying, too. And I wear them proudly.

WHITFIELD: Oh, so you still have them, and it's OK.

ELISE: I was introduced to the dye bottle, and it's my friend now, but they're there.

WASHINGTON: I think the other thing is that, you know, in the film you have all of these women who work side by side or live in the same building, and they are around each other but at the top of the film they don't really know each other. And I think there's a lesson there, because they move toward being a community for each other.

And there's something about that. There's something about it that we all in our own lives can be more aware of the people we pass on the street or the people that we work with or that we live next door to, to not make assumptions about who they are, to really have the courage to see people as full human beings with complicated stories no matter what their race is or their gender. To know that everybody has a complicated story, and we may not understand all of it, but to be open to what's going on for them.

(END VIDEO CLIP)

WHITFIELD: Wow, aren't they brilliant? You saw in the clip "For Colored Girls," you also saw Macy Gray and Loretta Divine, they're headlining. So, you'll want to join us next week in the NEWSROOM for more of my face-to-face with Fredricka, that interview with Kerry Washington and Kimberly Elise, they have so much to talk about, the movie and life, as well.

Now to the verdicts for Anna Nicole Smith's boyfriend, who was also her lawyer and two of her doctors are part of this trial. Complex case for our legal guys, but they can handle anything because that's what they do. Avery Friedman is in Cleveland, Richard Herman is in Las Vegas.

Good to see you, gentlemen.

AVERY FRIEDMAN, CIVIL RIGHTS ATTY: Hi, Fredricka. Face to face with us.

WHITFIELD: That's right. Face-to-face with you right now. You know, this was a fascinating trial about drugs, about abuse, about pushing, but how did it turn out because we see that there weren't a whole lot of convictions, Avery. Big disappoints here or is this just the way the cookie crumbles?

FRIEDMAN: No, I actually thought this is what was going to happen. I mean, it seemed to me with Howard Stern, the boyfriend, I mean, as long as he kept her stupefied I guess he figured he could keep her, so he was part of the felony conspiracy conviction along with the psychiatrist. Actually I was not surprised that Dr. Kapoor, who was the treating physician, was not convicted. But you're right, one out of eight isn't a particularly good batting average for the prosecution. They got two of the three, so you know what? I think justice was done. But there's a real question about whether or not this case should have been filed.

WHITFIELD: Really? We're talking about two months of testimony and about two weeks of deliberation,

Richard. How do you see it from the vantage point there in Vegas?

RICHARD HERMAN, CRIMINAL DEFENSE ATTY: This was blasphemy this case, this shouldn't have been filed. This is an absolutely disgrace, Fred. There's mud all over the prosecution. They got hammered in this case. They did not get the convictions they wanted. The case was premised on her being a drug addict. The jury rejected all of that. They acquitted the doctors saying all the prescriptions he gave were fair and reasonable for a woman in her state. The only convictions against Howard Stern were for conspiring by fraud to obtain a prescription. One incident, Fred, one incident, his name was on a prescription for a celebrity. It happens every day in Hollywood to protect privacy. This was a disgrace. Four D.A.s on it.

FRIEDMAN: That doesn't make it right.

WHITFIELD: So you see this was a real gamble. What made this a particular gamble in your view, Richard, is because she was not there to be a participant? This is the late Anna Nicole Smith? And might it have been a more powerful case for the prosecutors had she been able to be there?

HERMAN: Well, of course it would, but she would have helped her boyfriend, Howard Stern. She would not have implicated him, Fred. But, this was a selective prosecution. Only in L.A. would we see this. It's an absolute disgrace. They got hammered and they deserved it.

WHITFIELD: You know what's fascinating, too, gentlemen, just take a listen to what Howard K. Stern actually had to say, because he did talk afterwards.

(BEGIN VIDEO CLIP)

HOWARD K STERN, SMITH'S BOYFRIEND: The jury found me not guilty of seven counts. These were all the counts related to whether the medication was for a legitimate medical purpose or for whether Anna Nicole was an addict. In other words, everything related to the appropriateness of the medication I was acquitted of. What the jury did find me guilty of were two conspiracy counts limited exclusively to my name being used on medications for Anna. Now, this was done to protect Anna Nicole's private privacy, and it was nothing more than that.

(END VIDEO CLIP)

WHITFIELD: OK so Avery, now he faces up to nine years in prison.

FRIEDMAN: Yeah. It's not going to happen, Fredricka.

WHITFIELD: No.

FRIEDMAN: The psychiatrist is not going to jail, he's not going to jail. What he has to worry about, though, is like the doctor, I think his law license is in jeopardy, although frankly I don't know the guy ever practiced law anyhow. It is a serious matter.

WHITFIELD: Yeah, I wonder, has he been practicing lately?

FRIEDMAN: Well, no. He hasn't been practicing for years. I don't know that he did. He hung out with Anna Nicole Smith, that's what he did for a living, but it is a serious matter. He's actually going to ask for some relief to reduce it tie misdemeanor in new motions, but the sentencing is in the next couple of months.

WHITFIELD: OK, let's move on to Charlie Sheen, bad boy of television and now bad boy in New York, as well.

FRIEDMAN: Richard's favorite. WHITFIELD: And Richard's favorite. OK. Well, let's talk about what may be next. There were no charges. He just might have the money to pay for whatever $30,000 damages were done at the plaza. So, is there a case to speak of here, Richard, as it pertains to Charlie Sheen? He's going back in front of camera and moving on with my life.

HERMAN: Well, that just seems to be how it goes for this guy. This privileged waste product who earns $2 million an episode who walks around in a constant state of drunkenness and under drugs. I mean, the guy is just -- he's an absolute disgrace, Fred. He's on probation. He had one week left on probation from putting a knife to his wife's throat, so they gave him three months probation and say stay away from drugs and alcohol. Here he is with one week to go blasted in outer space found in a bathroom naked with coke all over his face. The girlfriend's hiding in the bathroom.

WHITFIELD: It doesn't appear that that probation is being -- is in any way being impacted by what did or didn't happen in New York, Avery.

FRIEDMAN: Yeah. I mean, Richard seems so hard-hearted. I mean, he had an allergic reaction apparently so some very well known -- it's a common allergy that relates to having coke and dealing with porn stars at the same time, you know. But actually, there is trouble here, and that is because Colorado officials still have him under their jurisdiction, the question is are they going to do anything, and will New York do anything? And that remains an open question. We don't know. The worst that happens is he'd be back in jail, and I guess the show will be "One and a Half Men." I don't know. We'll see.

WHITFIELD: OK. Well, all right, we're going to see you later on in the hour. We're going to talk about how in the world can you have a speedy trial if you don't have a judge/ That's happening in California is in some ways.

There are spooky things that go on in our legal segment as well, right?

AVERY FRIEDMAN, LEGAL GUY: That's right.

HERMAN: Thanks for giving me the heads-up on that.

WHITFIELD: It's a tradition, Richard. We'll see you.

HERMAN: That's great.

WHITFIELD: We'll see you in a little bit. Maybe it will be very scary, then, huh? Richard and Avery, see you in a minute. OK

Something very serious that has impacted this nation and the world. The president, he continues to monitor the terror investigation from the campaign trail. A live report right after this.

(COMMERCIAL BREAK)

WHITFIELD: As we mentioned earlier the president is being briefed on the terror investigation throughout the day although he's on the campaign trail. He's in Pennsylvania making a final push for the Democrats. Just three days now before election day. CNN Senior White House Correspondent Ed Henry is there, and he's joining us live now.

So, Ed, what is the president willing to say while on the campaign trail, if anything, about the ongoing terror investigation?

ED HENRY, CNN SR. WHITE HOUSE CORRESPONDENT: Well, it's interesting, Fred, because he's not really saying anything publicly. It's all going on behind the scenes. Before he left the White House for Philadelphia, he was meeting with his principle homeland security adviser, John Brennan and got a briefing, as you noted. But also importantly made some phone calls, one to the British Prime Minister, David Cameron. Obviously British cooperation among the allies was so critical to snuffing out this plot yesterday.

Also the president placed a phone call to the King Abdullah of Saudi Arabia. We've since learned, of course, that the key piece of intelligence that sort of unwrapped this entire situation came from Saudi officials. And they shared that intelligence with the U.S. so all of this is going on behind the scenes. Officials say he'll getting updates throughout the day, even as he hop scotches here from Philadelphia, then to Bridgeport, Connecticut, and on to his home in Chicago, Illinois for another rally. He'll be getting updated throughout the day, Fred.

WHITFIELD: Interesting. And so you mentioned the places where he will be in attendance today, while campaigning. Is the White House feeling fairly assured that his presence indeed helps the candidates, or at least gets people excited about midterm elections, which oftentimes are rather lackluster?

HENRY: Absolutely. That's the key. You put your finger on it. I'm on the campus of Temple University right now, and the president has been hitting a lot of those campuses, specifically because they try to get young people to turn out for the very reason you noted. Maybe there were some young people turned out for the first time ever in 2008 when there was a presidential campaign. Some excitement, now they might feel like it's lackluster, maybe a lack of enthusiasm. So he has been hitting these college campuses. He was here in Philadelphia a short time ago basically giving a very short speech but laid out how these were volunteers, people who would be canvassing neighborhoods. He said you have to get out there and turn out this vote.

WHITFIELD: All right. Ed Henry, thanks so much. We go to Philadelphia for this sound bite.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: And unless each and every one of you turn out, and get your friends to turn out, and get your families to turn out, then we could fall short and all the progress that we've made over the last couple years can be rolled back.

(END VIDEO CLIP)

WHITFIELD: Sorry about that. I have no intention of stepping over the president's words. My apologies. Sorry, Ed.

HENRY: That's all right. The other point to make is -- I'm sure he wouldn't be offended. Don't worry about it.

The bottom line is he's here in Philadelphia because he was with Joe Sestak talking to these volunteers. This is a critical Senate battle. Then Connecticut has a big Senate race as well. A Democrat is up, but it's still tight enough they want to make sure they put it a way.

Onto Illinois because the president's old Senate seat in a dead heat. So as Democrats may believe privately have confidence they can hold onto the Senate. And that's why the president's attention here today is all about these big Senate battles, Fred .

WHITFIELD: Fantastic. Ed Henry, thanks so much. Appreciate that. Check with you throughout the day. When you talk to the president, let him know-oops, oops, on that.

HENRY: I'll tell him you said sorry. I'm sure he'll understanding.

WHITFIELD: All right. Thanks so much, Ed.

A new threat from familiar enemies. This time the focus, as you know, has been on cargo. Airports around world are redoubling their efforts now to actually screen packages. Paul Cruikshank joins us now from New York. He's a research fellow at NYU School of Law and also a CNN terrorism analyst.

Good to see you.

PAUL CRUIKSHANK, NYU SCHOOL OF LAW, CNN TERRORISM ANALYST: Good to be with you.

WHITFIELD: Paul, I wonder, is this interception an indicator that intelligence clearly is improving with the U.S., and with world allies, or does it simply mean this is what was supposed to happen in the first place?

Well, this is an intelligence success. The tip came from the Saudi Arabians. They passed that information to the Americans. The British, when they searched this plane in the U.K., knew exactly where to go. They had the tracking numbers and that helped them locate this device. So this was an intelligence success, because they found the devices.

However, at this point there's a lot concern there could be more devices out there. There's an ongoing investigation on both sides of the Atlantic, and indeed in Yemen at the moment, Fredricka.

WHITFIELD: As we have heard from Homeland Security experts, they have kind of dissected and they are willing to release some information about what was found in these devices. PETN was on of those components. Who has access to PETN? CRUIKSHANK: It's not that difficult to obtain if you're a bombmaker, say, in Yemen. What we are finding out is there was a sizable amount of this multiple times than the underwear bombing on Christmas day in these devices. This could have been enough the British are not saying to bring down a plane, or if it was opened up in the a synagogue enough to maim and kill people within a confined space like that. These were very, very serious devices. The British are now saying they were viable. We are dealing with a very a serious terrorism plot right now, Fredricka.

QUEST: And is it, in your view, a hallmark of Al Qaeda, of the Arabian Peninsula in particular?

CRUIKSHANK: This PETN is absolutely a hallmark of this organization. They used it on Christmas Day on the airliner going into Detroit. They used it against a senior Saudi security official, as well, Al Qaeda used this material in 2002 with Richard Reid, the shoe bomber. It's a signature material for them.

It's very, very stable, so it's easy to transport long distances, unlike some other chemicals. It is not likely to go off by accident. So, it's perfect for this sort of attack, Fredricka.

WHITFIELD: I wonder it is also signature, as of recent, to these attempted terrorist attacks seems to be sloppiness. And clearly that serves well for the U.S., Great Britain, and other entities that have averted a strike from actually happening. But what does this tell about now the sophistication or maybe even the crumbling of this structure?

CRUIKSHANK: Well, there has been sloppiness in the past, the Christmas Day attack failed because the guy couldn't detonate it properly. This time around they managed to find this device through intelligence. And if this device had got there and there hadn't been that intelligence, the British are now saying it was viable.

In other words, there's a good chance this thing would explode, it would have killed people. The British are saying, perhaps, airliners, the cargo planes themselves were the targets. One could speculate it could be whole they were descending into airports, in the United States. There is other information that suggesting it could be synagogues in Chicago. We just don't know exactly what the targets were at this stage, Fredricka.

WHITFIELD: Do you have any kind of gut feeling about why Chicago? And if you see any ties with it being the home of the president of the United States or any other type of coincidence, or tie in your view?

CRUIKSHANK: Well, you know, one thing if it was synagogues, this would be popular with Al Qaeda's base, these very radical anti- semantic supporters. Al Qaeda has come under a lot of criticism of late, of attacking Muslims, killing Muslims. So going after Jews in America, from their perspective, is a very good rallying cry for them. If it was indeed synagogues they were targeting, that would strike me about that, Fredricka.

WHITFIELD: Paul Cruikshank, thanks so much from New York. Appreciate your time and expertise. Appreciate it.

CRUIKSHANK: Thank you.

WHITFIELD: Accused criminals are walking free in California because there aren't enough judges to go around. Our legal guys weigh in on that.

(COMMERCIAL BREAK)

WHITFIELD: Now to a growing problem for many states, an overload of legal cases stretching judicial systems to the max. Our legal guys are back; Avery Friedman in Cleveland and Richard Herman in Las Vegas.

All right, gentlemen. Very interesting stuff here; 18 criminal cases, two of them felonies, dismissed in Riverside County, California.

Avery, why did it come to this?

FRIEDMAN: Because the state legislature facing a $21 billion budget deficit didn't have enough money to give Riverside County, which is exploding as one of the developing counties in California, with crime and development. So they now got seven out of 14 judges, meaning people are sitting in jail. You have to give them a trial within 60 days of an arraignment. Therefore they are faced with dismissing not only hundreds of misdemeanors, Fredricka, but also up to 17 felonies. Very, very serious.

WHITFIELD: Gosh, this doesn't seem like this should happen at all, under any circumstances, Richard.

HERMAN: It shouldn't happen, because if you get arrested and you get charges brought against you, Fred, whether you're state or federal, there's a certainly time frame as Avery said where they must prosecute you.

WHITFIELD: When they must go to trail, right.

HERMAN: In California they say we need to extend that because we don't have enough judges to go around. The law is, no way, these cases are getting thrown out. Also, Fred, in that jurisdiction, Riverside County, they're making people who get speeding tickets go to trial. They are not plea bargaining cases, they want to take everybody to trial, so they made their own bed.

We're not even discussing the intelligence level of California judges, like we saw last week, how incompetent that guy was. We're just talking about the number of judges and apparently there's not enough to go around, so these cases get dismissed.

WHITFIELD: Let's talk about something else that challenges the First Amendment, your freedom of expression as well as challenging what is, and isn't permissible on election day. Richard, we've got the Connecticut secretary of state saying that anyone who comes to cast their ballot cannot wear any world wrestling -- any WWE paraphernalia, because it's endorsing the candidate Linda McMahon. Then WWE went to court. HERMAN: Yes, Linda McMahon's husband is the head of the WWE and she's also an officer, in any event, what they are saying is that WWE is the same thing as political advertising for Linda McMahon. There's a law in Connecticut that says no political advertising within 75 feet of a polling place. So anybody that walks with a WWE shirt on, they're saying they are really endorsing Linda McMahon. They should not be allowed to go to polling places.

Her husband actually sued the State of California (sic), and they backed down, they can wear these shirts.

FRIEDMAN: Connecticut.

WHITFIELD: Interesting.

HERMAN: They can have these functions leading up to election day. I don't know if she's win, but they'll continue like that.

WHITFIELD: Avery, this unique case in your view?

FRIEDMAN: I love this case. First Amendment prevails.

WHITFIELD: That's your thing.

FRIEDMAN: Are people in Connecticut that stupid they can't figure out, you know, what that really means?

WHITFIELD: Watch it.

FRIEDMAN: They are going to go in to vote for Blumenthal, and then they are going to see an advertisement with a wrestler and vote for McMahan? I mean, how silly. The federal district judge did the right thing in enjoining the practice of the secretary of state, First Amendment prevailed in Connecticut. Wonderful.

WHITFIELD: Sometimes we're silly and sometimes we're kind of spooky, especially when it comes down to Halloween. Are we ready, gentlemen, to reveal our get-ups?

HERMAN: I'm ready.

FRIEDMAN: I have to tell you, I'm be transported from the Midwest to Washington. I have to go dark here.

WHITFIELD: Really. This is good. Go ahead, Richard. Do your thing.

FRIEDMAN: All right. We're now in happening now.

WHITFIELD: Oh, my gosh.

FRIEDMAN: I'm Jack Cafferty is standing by, and I'm Wolf Blitzer. He's a handsome guy, but this is what he looks like on Halloween.

WHITFIELD: I'm a clean shaven Uncle Sam. You need to be voting on Tuesday no matter what, even if the Rasta man, here, out of Vegas is telling us otherwise. HERMAN: Look at that. I'm Charlie Sheen in five years from now.

WHITFIELD: Oh, you are Charlie Sheen! I'm sorry to all my fellow Rastas out there.

HERMAN: I've become Rasta, now. That's my life.

FRIEDMAN: Wonderful.

WHITFIELD: I needed that beard, too. I needed that beard. Darn, Avery, how did you find that?

FRIEDMAN: Hey, I borrowed it from Wolf. What are you talking about?

HERMAN: Avery, did you paint that background? Did you paint the background there, Avery? It's beautiful.

FRIEDMAN: Oh, no. No, Wolf sent it up here just for Halloween.

WHITFIELD: OK, gentlemen, I love it. We have to go. We're out of time. Thanks for being festive on this Halloween. Happy Halloween.

HERMAN: Happy Halloween.

FRIEDMAN: Happy Halloween. Have fun with Ironman tonight, Fred.

WHITFIELD: I will. My little Ironman can't wait. All right.

We need you, to vote.

Meantime, something a little serious here. CNN is bringing you a special investigation inside of Tea Party and it is serious. We'll give you a preview of our in-depth special coming up next.

(COMMERCIAL BREAK)

WHITFIELD: All right, one of the unique aspects of this election, the rise of the Tea Party Movement. CNN's Political Producer Shannon Travis has been following the movement for the past 18 months. Here's a sneak peek of his new documentary, "Boiling Point: Inside The Tea Party."

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE (voice over): Today is the kickoff of the fourth tour of the Tea Party Express. And where are they kicking it off at? Sarah Palin, she is the headliner for today's event.

This is essentially her political base. She is the darling of the movement in terms of getting the message out. Sarah Palin can do it like no other.

SARAH PALIN, POLITICAL ACTIVIST: Politicians in who are in office today, you, some of you need to man up, the bigwigs within the machine, they're driving me crazy because they are took chicken to come out and support the Tea Party candidates. Old Glory has never flown higher or prouder than where you put her, Tea Party patriots.

CROWD CHANTING: Sarah, Sarah, Sarah-

TRAVIS (On camera): Governor, what if the Tea Party Movement winding up splitting the party in two, who do you stand with?

PALIN: You know, I don't think it will, because I think more of the machine within the GOP is going to understand that this, "we the people message" is rising and it is resonating throughout, with independents, with hard core conservatives, and with moderates, because it's so full of common sense and time-tested truths that could the economy on the right track, that heaven forbid the GOP machine strays from this message. If so, GOP is through.

(END VIDEOTAPE)

WHITFIELD: All right. Shannon Travis now joining us from Washington.

So, Shannon, how did Sarah Palin get involved with the Tea Party Movement in the first place?

TRAVIS: Oh, well, she is the one who as you remember from the 2008 campaign, she delivered some of the harshest lines against then- Senator Obama, and she's been doing the same thing since he's taken office. So with the Tea Party Movement not having a whole lot of love for the Democratic administration, she embraces them, they embraced her. If you want to get your message out, if you want to really pound Democrats in what they call liberal Republicans, Sarah Palin is the one with the star political power to do it.

WHITFIELD: I wonder, did the Tea Party reach out to her, recruit her? Or did the tea party establish itself and then she found it appealing and jumped on board? Do we know?

TRAVIS: It's a great question. I'm not sure who reached out to who first, but it's clear that their message is the same. Sarah Palin's message of limited government and reduced spending, the Tea Party is having the same, carrying the same banner. We will remember that she headlined a Nashville, a big Tea Party convention in Nashville, so yeah.

WHITFIELD: We remember that. All right, we are going to see more of your documentary as you follow the Tea Party for 18 months, or so. Shannon Travis, thanks so much, from Washington, "Boiling Point: Inside the Tea Party" airs tonight, and Sunday night at 8:00 Eastern Time.

You don't want to go anywhere, just yet. This weekend is the last big push from the political trails and "BALLOT BOWL" is there every step of the way. I'm Fredricka Whitfield, two minutes away, "BALLOT BOWL".