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CNN Live Saturday
French Doctors Continue Tests On Arafat; Kerry Campaigns In Iowa; Interview with Phil Smucker
Aired October 30, 2004 - 14:00 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.
FREDRICKA WHITFIELD, CNN ANCHOR: It's 2:00 p.m. on the East Coast, 11:00 a.m. out west.
Good afternoon, I'm Fredricka Whitfield at CNN's Global Headquarters in Atlanta.
Ahead this hour, a welcome medical diagnosis but some bad news on the political front for ailing Palestinian leader Yasser Arafat.
The clock is ticking towards Tuesday's election and the candidates are neck and neck. We'll check in with both camp as they burn up the campaign trail.
And later we'll take you to a town in Kentucky where $1 can get any man, woman or even farm animal elected to office. Those stories in a moment, but first here's some other stories now in the news.
The U.S. Military death toll in Iraq has climbed again. Eight American Marines were killed and nine others wounded earlier today in fighting in the Al Anbar Province in Western Iraq. It was the deadliest attack on American forces in Iraq in almost six months.
As authorities analyze the new videotape of the man believed to be Osama bin Laden, President Bush held a video conference this morning with his homeland and national security advisers. Bush told them to take all steps that might be necessary to respond to the new message. On the tape, bin Laden tells Americans the best way to avoid another 9/11-style attack is for the U.S. to stop threatening the security of Muslims.
In Boston a heroes welcome for the Red Sox. The World Series champions were honored with a parade through downtown this morning, and check out this crowd. Hundreds of thousands were expected to turn out for the event.
Keeping you informed, CNN, the most trusted name in news.
Developments today over the health of Yasser Arafat. There are conflicting reports over the 75-year-old Palestinian president's condition and ability to continue leading the Palestinians. Arafat is in Paris for medical test.
And Jane Hancocks is live from Paris with the latest -- Jane.
(BEGIN VIDEOTAPE) PAULA HANCOCKS, CNN CORRESPONDENT: Palestinian leader Yasser Arafat is spending a second day here at the Percy Military Hospital in Southwest Paris. French doctors have been carrying out tests on him, trying to find out what the mystery illness is that has kept him very ill over the last two weeks or more. Leila Shahid, the Palestinian delegate for France was briefing journalists a little later on this afternoon. And she said that the Palestinian leader was feeling generally better than yesterday.
(BEGIN VIDEO CLIP)
LEILA SHAHID, PLO SPOKESWOMAN: What I can tell you is that the doctors have exclude from already, in terms of what he has done, any possibilities of Leukemia. I repeat, the doctor excludes for the time being, any possibility of Leukemia.
(END VIDEO CLIP)
HANCOCKS: This is the second day that Leila Shahid had given a briefing. She said that Yasser Arafat was better both physically and psychologically. She said that he had a good night to rest last night and spoke to his daughter on the phone this morning. It could be some days before we have a final official diagnosis of what is wrong with Yasser Arafat, the chief medic saying that he needs a few more days to make it official.
Paula Hancocks, CNN, Paris.
(END VIDEOTAPE)
WHITFIELD: Yasser Arafat, has beaten back countless challenge to his authority over the years. Sources say Palestinian leaders are trying to divide his responsibilities. But trying to replace him, even temporarily, could be difficult.
Matthew Chance is In Ramallah with reaction to today's report -- Matthew.
MATTHEW CHANCE, CNN CORRESPONDENT: Fredricka, thank you. A great deal of relief expressed by those close to Yasser Arafat here. The tests revealed, according to military Leila Shahid, as we just heard there from Paula Hancocks in Paris, leukemia has so far been excluded as a possibility of the condition affecting Yasser Arafat.
In his absence, though, as a result of the medical condition which has taken him out of the West Bank for the first time in two and a half years, in his absence, some significant political changes have been made at the Palestinian Authority here at the Mukata Compound in Ramallah from where I'm speaking to you now.
A number of key positions that were once held, still held officially by Yasser Arafat have been taken over temporarily, says officials, by two other key figures in the Palestinian administration. The idea here being, according to the Palestinian officials, they want to express as much continuity as possible. Key ministries, key portfolios regarding the security forces of the Palestinian Authority have been given to Ahmed Qorei, the current Palestinian prime minister.
Abu Mazen, the former Palestinian, prime minister has taken over the chairmanship of the Palestinian Liberation Organization, the PLO. Both of those individuals are stressing that this is just a temporary measure. That both acting chairman and when Yasser Arafat, if he recovers from this current illness that he's suffering, and makes his return Ramallah, to this West Bank compound, they're keeping his chair literally empty. And they're saying they're ready for him to take up his responsibilities again as the administrative president of the Palestinian Authority -- Fredricka.
WHITFIELD: And Matthew, is there any expressed concern among Palestinians that Yasser Arafat would, indeed, have a difficult time returning back to the territory, even though Israel has said they would allow him to do so?
CHANCE: Well, there's a great deal of concern about that amongst ordinary Palestinians. Israel, you're right, has stressed that it will allow Yasser Arafat to return Ramallah, if he should recover from this condition he's suffering from. But many Palestinians that we've spoken to on the streets of this West Bank town are mistrusting of that. They believe that there's some kind of an attack against Israelis, some terrorist attack, then the Israelis may change their position. So, there's not a great deal of trust between what they say they'll do.
What there is though also amongst many Palestinians is a great deal of concern about what will happen when the era of Yasser Arafat inevitably comes to an end. There's a great deal of concern that may follow -- what may bring along the end of Yasser Arafat may provoke a sort of period of chaos, that a great number of people here in the West Bank and else where in the Palestinian territories are very concerned about indeed -- Fredricka.
WHITFIELD: Matthew Chance in Ramallah, thanks so much for that report.
Well, the race for the White House remains close here in this country. A new poll shows one side gaining ground. "Newsweek" shows the Bush/Cheney ticket with a 51 percent to 45 percent lead over Kerry-Edwards among likely voters, that's up from a one-point lead last week. The lead shrinks among registered voters, however. There the president has a 48 percent to 45 percent advantage. The race among registered voters was even in "Newsweek's" last poll.
John Kerry, is spending his Saturday in the Midwest trying to nail down votes in the incredibly tight battleground states of Wisconsin, Iowa and Ohio. Kerry, continues to push his view that he can run a tougher war than President Bush.
Let's go now to Frank Buckley, who is with the Kerry campaign.
FRANK BUCKLEY, CNN CORRESPONDENT: Fredricka, we are in Des Moines, Iowa. Senator Kerry coming here next. It's a very cold and windy place right now, but his supporters are out here braving the cold. Senator Kerry coming out here to help get out the vote on Tuesday. Earlier today, he was in Appleton, Wisconsin, campaigning. The last weekend of campaigning really taking a bitter turn, once again, after the release of the new Osama bin Laden tape. Both campaigns accusing each other of trying to use that tape for political gain. Senator Kerry took up that issue this morning in this way.
(BEGIN VIDEO CLIP)
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: Let me make it clear to people all across the world, as Americans, we are absolutely united, all of us. There are no Democrats. There are no Republicans. As Americans, we are united in our determination to destroy, capture, kill Osama bin Laden and all of the terrorists. They are barbarians, and we are going to hunt them down and we will make America safe.
(END VIDEO CLIP)
BUCKLEY: But at the same time, Senator Kerry repeated his criticism of President Bush with regard to Osama bin Laden, saying Bush's military strategy in the Tora Bora mountains allow allowed bin Laden to escape. It was that criticism right after the tape was released yesterday that President Bush called shameful. Kerry aides point out that's the same language that Senator Kerry has been using for months.
Now, after the rally, meanwhile, in Wisconsin today, Senator Kerry went over to try to encourage some canvassers who were preparing to hit the ground, that these were the political ground troops were out in force this weekend all over the U.S., turnout will be key, especially in these very tight battleground states.
Fredricka, it's folks like these here on both sides, in both campaigns that will be out all over the country this weekend, trying to turn out the the vote -- Fredricka.
WHITFIELD: Frank Buckley, in Des Moines, thanks so much. And we'll have a report from White House correspondent John King in a moment on the president's day.
In the meantime, President Bush is also covering a lot of ground today, beginning in the upper Midwest states of Michigan, Wisconsin and then Wisconsin then he heads on to Florida. The races, the votes and the results.
CNN special election night coverage begins Tuesday night at 7:00 p.m., live from New York, for real time election results on 96 television screens, simultaneously to a live town hall meeting as well. Trust CNN to track the votes, the exit polls, the swing states, any voting irregularities or legal challenges may ensue. Plus dozens of reporters on the front lines from coast to coast, live throughout the night with new developments as well. There is no stopping until the election has been determined right here on CNN.
Wolf Blitzer and CNN's full election team will help kick off the prime time coverage, that's Tuesday night, election night, beginning at 7:00 p.m. Eastern time. We'll have more on the election during this hour of CNN SATURDAY, including a look at the famous faces popping up along side the candidates. Ron Brownstein, joins us to talk about the star power.
Plus Osama bin Laden's new tape, we'll look at what signals it does send, and what impact it just might have on the election.
And later -- instead of being at Saturday football games or with family, a generation of men are spending their youth on the dangerous streets of Iraq. We'll find out what keeps them going.
(COMMERCIAL BREAK)
WHITFIELD: U.S. Government analysts say the newly released videotape from Osama bin Laden appears to be authentic. Some reports say the tape may have been made as recently as earlier in the week. Bin Laden refers to John Kerry and George Bush saying U.S. security depends on U.S. Policies towards Muslims. The tape was translated by CNN.
(BEGIN VIDEO CLIP)
OSAMA BIN LADEN, AL QAEDA LEADER (through translator): Your security is not in the hands of Kerry or Bush or al Qaeda. Your security is in your hands. Each state that will not play with our security, by default, will secure themselves.
(END VIDEO CLIP)
WHITFIELD: More than three years after 9/11, bin Laden remains on the run, alluding an international manhunt with a $25 million price on his head.
Phil Smucker is an international journalist and author who has written a book "Al Qaeda's Great Escape," and he is with us now in Washington.
All right. Phil, good to see you.
PHIL SMUCKER, JOURNALIST, AUTHOR: Hello.
WHITFIELD: Let's take a closer look and listen at what exactly is believed to be said by Osama bin Laden. He singles out Kerry and Bush by name, but do you think his message is being made directly to those two presidential candidates or to the American population as a whole?
SMUCKER: Well, it's interesting. I think he's trying to circumvent the politicians. On the one hand, they're reacting to what he says, but the message itself is directed to the American public. It's an effort by the al Qaeda organization to say, we're not only a militant guerrilla organization, but we're a political organization. And we have grievances, and that we're willing to make deals, frankly. And if you lay off, if you pull your troops out of the Middle East, and start to behave properly, vis-a-vis the Israelis, then we're willing to stop attacking you. So it's an overture towards the American public, but both the American candidates reacted very quickly yesterday.
WHITFIELD: And do you see or evaluate the timing of the release of this tape to coincide directly with these elections or is it just by coincidence, in your view, that he is also saying, look, everybody, I am still here.
SMUCKER: Well, he had been absent really -- he had not made a video with his mouth moving in almost two years, and so this is absolutely crucial, both to his followers in the Middle East, and also to the American public. A lot of people in America were asking me, "Hey, isn't bin Laden dead? Didn't he die in the rubble of Tora Bora?" And I said no, because of most of the experts believed he was alive, but even in the Middle East nobody was quite sure. He's used this opportunity right in the middle of an election, at the very end, mind you, to move into the political limelight and make his statement.
WHITFIELD: Let's listen now to another sound byte where he makes an admission, so to speak, involving 9/11, and at the same time, he does single out President Bush with this very succinct message.
(BEGIN VIDEO CLIP)
BIN LADEN (through translator): We never knew that the commander in chief of the American armed forces would leave 50,000 of his people and the two towers to face those events by themselves, when they were in critical, most urgent need for their leader. He was talking to a child about a goat. He was more preoccupied with that than the attacking of the towers.
(END VIDEO CLIP)
WHITFIELD: Is he not singling out or underscoring what he believes to be the vulnerabilities of President Bush or the nation as a whole?
SMUCKER: Oh, I think this is a scathing attack from Osama bin Laden against George Bush and he's saying to the American public, hang on. This is a leader who doesn't care about the safety of the American public. In fact, while 50,000 Americans were in peril at the World Trade Center, he was reading a book, "My Pet Goat," to a classroom. By the way, that picture of the president reading to the children was available not only on Michael Moore's movie, but a lot of people think that he may have seen Michael Moore's movie, but he was also available elsewhere.
But he's actually hitting very hard at George Bush and one could say that either he's trying to make an overture towards the American Public. On the other hand, he may very well be trying to manipulate this election. He may know that a sharp critique of the president at this point is going to play poorly in mid-America and in fact cause people to vote for George Bush, the commander in chief, as opposed to the opposition, who he leaves alone entirely. He hands off of John Kerry entirely. WHITFIELD: Phil Smucker, international journalist as well as author of "Al Qaeda's Great Escape," thanks so much for joining us from Washington.
SMUCKER: My pleasure.
WHITFIELD: Well, election day is just three days way. How many days until we know exactly who is elected?
That's a driving question, and we'll ask CNN political analyst Ron Brownstein about that.
Later on...
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We're the only area in the United States you can ask for public official. And honestly, after we did it, we thought it would take off.
(END VIDEO CLIP)
WHITFIELD: A little town in Kentucky with some rather unique ideas about politics and who should be representing whom. We'll explain.
(COMMERCIAL BREAK)
WHITFIELD: President Bush covering a lot of ground today, beginning in the upper Midwest states of Michigan, Wisconsin, and Minnesota, then heading off to Florida. The president is telling crowds freedom is on the march and his strategy to win the war on terror is succeeding.
John King, has more on the president's day.
(BEGIN VIDEOTAPE)
JOHN KING, CNN WHITE HOUSE CORRESPONDENT: President Bush campaigning in five states to begin the final weekend of the campaign. That new bin Laden tape bringing into focus what is a staple line of the president's stump speech, this will be the first presidential election since the September 11th attacks and in making the choice, the American people will be choosing what direction this country takes in the war on terrorism.
The president decided, aides say to make no specific mention of the bin Laden tape at his early stops in Michigan and Wisconsin, but the president did hit hard as what it is his signature campaign theme, presenting himself as a proven and tough war-time president, a commander in chief with whom you might not always agree but who you always know where he stands. Mr. Bush painting Senator Kerry in contrast with someone a 20-year-old record the president says is soft on national security and as a politician, the president says, lacks the core convictions necessary to lead the war on terror.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: During the last 20 years of key moments of challenge and decision, Senator Kerry has chosen the path of weakness and inaction.
(END VIDEO CLIP)
KING: Senator Kerry continues to say that one reason Osama bin Laden is still at large is because in his view, President Bush diverted resources from Afghanistan to Iraq. The president deciding on this day not to engage in a back and forth with Senator Kerry, but campaigning in Pennsylvania, the vice president did rebut that charge, saying that he would believe the commanding general at the time, General Tommy Franks, not John Kerry.
(BEGIN VIDEO CLIP)
DICK CHENEY, VICE PRESIDENT OF THE UNITED STATES: John Kerry, harps away at phony charges. He says we took our eye off the ball at Tora Bora. A charge General Franks who commanded our forces has totally refuted. Given a choice between John Kerry and General Tommy Franks, I'll take General Franks any time.
(END VIDEO CLIP)
KING: This new bin laden tape presents challenges to Mr. Bush both as president and as a candidate. As a candidate, he repeatedly claims progress in the war on terrorism, just as Americans are being reminded in the final days of the campaign that the al Qaeda leader remains at large.
And as president, before hitting the campaign trail today, Mr. Bush in Ohio convened a secure video conference, his national Security Adviser Condoleezza Rice was with him and joined by that security video link, the attorney general, the FBI director, the CIA director and the Department of Homeland Security, Tom Ridge. And among others, Mr. Bush aides say, wanting to make sure all necessary analysis of the tape was proceeding quickly and any necessary security precautions also were taking place.
Now, Bush aides have said for some time they'd welcome it, if the campaign closed with a debate on terrorism and national security. They had no way of knowing Osama bin Laden would intrude into that debate in the campaigns final hours.
John King, CNN, Oswabanin (ph), Wisconsin.
(END VIDEOTAPE)
WHITFIELD: President Bush and Senator Kerry, their running mates' wives and surrogates continue to crisscross the country. They're trying to convince undecided voters, particularly, and get the faithful to the polls next Tuesday.
CNN political analyst Ron Brownstein is here with a look at the campaign's last three days. Good to see you, Ron. RON BROWNSTEIN, CNN POLITICAL ANALYST: Good to see you, Fred.
WHITFIELD: Back to a little bit more of the tapes. Each is accusing the other side of perhaps using the tape to their political advantage, but both have to say something, both are compelled to say something to respond to these tapes. Are they not?
BROWNSTEIN: I think that's right. Obviously, the resurfacing of Osama bin Laden this late in the campaign has to be addressed by both sides. It seems to me, and in listening to you and many of the analysts on Middle East politics and terror over the last 24 hours, this tape is as much about influencing Osama bin Laden's profile in the world, as it is about influencing the American political election.
I mean, his message is very much that neither one of these candidates can protect you. All they can protect you is a change in American policy, which is, you know, a message that doesn't tilt toward one side or the other in any way. And he may have chosen this as a moment of maximum opportunity to get his image out and his point out than perhaps to affect the result here in the U.S.
WHITFIELD: Aside from Osama's motivation then, by default, won't it automatically look like Bush is using this tape to his political advantage, given the fact that he is having these teleconference meetings with his advisers, his national security team and also under consideration, whether to raise the terror alert?
BROWNSTEIN: Well, I don't think I agree that would be -- look, this is what you would want a president to do. In the past, tapes have been a signal in some cases for cells to move forward on operations. Obviously, they've got to assess whether there is any eminent risk with the appearance of this tape. The president is certainly -- it's entirely appropriate for the president to be conferring with his advisers about this. Anything that happens this late in a presidential campaign obviously is going to be scrutinized for political impact. We may be beyond the point where large numbers of voters are going to be moved by almost any event, but both sides are obviously nervous this could provide some advantage to the other.
WHITFIELD: And the president, in particular, runs the risk of possibly overreacting, doing too much, and that, too, could cost the sense of security of the American public.
BROWNSTEIN: Like I said, I think bush's reaction so far, most people, I would bet, are saying, is appropriate. Certainly, you want to be talking to your advisers at a time like this. John Kerry did, and some of his advisers did, yesterday, you know, use the reemergence of the tape to restate their criticism of President Bush about Tora Bora and more broadly about shifting the focus toward Iraq from al Qaeda, which is their case.
But again, I think we're mostly seeing the two sides, especially, handling this gingerly and returning to familiar arguments.
WHITFIELD: Ron Brownstein, from the "L.A. Times," as well as our political analyst, thanks so much. BROWNSTEIN: Thank you.
WHITFIELD: Well, more on Tuesday's election straight ahead, including a look at what both sides are already doing to fund and win a recount if it happens.
Plus the defense rests rather than -- rather abruptly, rather, in the Scott Peterson trial. We'll talk about whether it was strategy or a stumble.
(COMMERCIAL BREAK)
WHITFIELD: Here are our top stories in the news. Palestinian officials appear to be debating whether the era of Yasser Arafat is over. Arafat is the in Paris while doctors are trying to diagnosis an apparent blood disorder. Palestinians sources told CNN Arafat is not in control of his mental faculty and can not communicate coherently.
In Baghdad an explosion outside the office of the A Arabia television network sent several employees to the hospital this morning. The network says at least five people died. Police say a car bomb detonated in the neighborhood, an Iraqi militant group, the 20th Brigade is claiming responsibility.
And with three days to go, a new tape of Osama Bin Laden puts global terrorism on the front burner of the presidential campaign in this country. Both President Bush and Democratic rival Senator Kerry are stumping in the Midwest today. Kerry continues to blame the president for letting Bin Laden getting away. The president is reminding voters the person in the oval office will determine the outcome of the war on terror.
With the polls showing the presidential race as a very close contest, both political parties are bringing in their lawyers, and that's provoking a new battle over paying for them, as CNN's Lisa Sylvester reports.
(BEGIN VIDEOTAPE)
LISA SYLVESTER, CNN CORRESPONDENT (voice over): The U.S. Supreme Court's 5-4 decision on the Florida recount in 2000 resulted in a victory for President Bush. This year's race could be right back in the hands of the high court, over such issues as provisional ballots. Colorado constitutional amendment, or claims of fraud or disenfranchisement.
PAUL DEGREGORIO, ELECTION ASSISTANCE COMMISSION: Could we have another Florida? Yes certainly if the margin in the states is, you know, several thousand, a few thousand votes, 1,000 votes or less, any mistake that's going to be made, could be magnified.
SYLVESTER: Democrats and Republicans have already hired an army of lawyers for possible recounts from Florida to Ohio. So far, the Bush recount committee has raised nearly $9 million. The Kerry campaign, more than $3 million. The federal election commission has not set limits on the amount an individual can contribute to the post election fund, despite the McCain-fine gold ban on soft money so that means a free-for-all.
LARRY NOBLE, CENTER FOR RESPONSIVE POLITICS: This was a gift to the campaigns. It allows them to go out now and go to those soft money donors who could not give directly to the campaigns anymore, could not give to the political parties and hit them up for the hundred thousand dollar, million dollar checks for these recount battles.
SYLVESTER: Law professor Jonathan Siegel says courts refree between partisan elected officials but the judges may be swayed by their own political connections.
JONATHAN SIEGEL, GEORGE WASHINGTON UNIVERSITY: 2,000 demonstrated that when the presidential election turns on a judicial ruling, it is difficult for judges, even if they're doing their job with the best will they can, to be completely impartial.
SYLVESTER: So who will decide this election? The voters may cast their ballots, but the courts may have the final say.
SYLVESTER (on camera): The federal election commission may be challenged to reverse its position on unlimited donations to fund the recounts. If that's the case, there may be a legal battle over the legal battles. Lisa Sylvester, CNN, Washington.
(END VIDEOTAPE)
WHITFIELD: Well here with more on possible legal challenges to the presidential election is Pam Karlan, a professor and election law specialist at Stanford University Law School. All right good to see you Pam.
PAM KARLAN, PROFESSOR, STANFORD UNIVERSITY LAW SCHOOL: Good to see you, too.
WHITFIELD: All right let's try to tick through some of these things that may take this election to the courts. For one electronic balloting. How is it that immediately after the Florida debacle, it was considered to be the best answer and now suddenly there's an awful lot of apprehension?
KARLAN: Well, I think what people wanted was an election system that was reliable, that counted ballots quickly that, voters were familiar with from other parts of their lives. Electronic voting seems to some people to be the gold standard, because it's like the way you go and get money out of an ATM, you touch a screen and press it and your vote's automatically recorded.
WHITFIELD: But now some are reticent because particularly they don't have any kind of paper receipt, any kind of evidence of what they just punched in.
KARLAN: Well that's right. Because one of the things you want is for the voter to be able to confirm what he or she has done and you also want for there to be what's called an audit trail so that you can actually count the ballots again to make sure that the machine count is reliable. And some of the electronic voting machines that are being used don't provide that kind of audit trail.
WHITFIELD: So apparently it's only a disaster if it is a close election, but not necessarily a landslide. Who is thinking it's going to be a landslide, given f you are believing all the polls, all of the polls are indicating it's going to be very tight.
KARLAN: Well, that's right, and in a tight election, people tend to ask for recounts, and you want to be able to actually confirm how the balance lots have been cast, and some of the electronic voting machines don't do that. They just tell you again the same thing they told you the first time.
WHITFIELD: Provisional balloting another issue that is something that's popping up in Ohio. Some are already starting to claim that Ohio just might be the next Florida. Why?
KARLAN: Well, one of the other things that happened after the 2000 election is that Congress passed something called the Help America Vote Act, which provides that states have to give someone who shows up at the polls and doesn't appear on the registered voters' list the right to cast a provisional ballot and then afterwards election officials will see whether the ballot should be counted.
But different states disagree on whether and when they'll count the ballots because the federal law says you have to give the people the ballots. It doesn't say under what circumstances you have to count them. Some states are taking the position that they'll only count your provisional if the only reason you didn't appear on the list was the government's fault and not for example your turning up at the wrong polling place or something like that.
WHITFIELD: OK, campaign volunteers, we've seen them before, showing up at the precincts, encouraging people to vote. Why is it this year there is some speculation that they may be trying to intimidate voters before they actually go in and cast their ballots?
KARLAN: Well I think there are two ways of winning an election, one is to get your voters to show up at the polls and vote and the other is to prevent voters who support the other side from voting. America has a long history of voter intimidation. This year we're coming up on the 40th anniversary of the voting rights act of 1965, which is the source, for example, of the federal government's sending observers to particularly troubled election sites, which the federal government will be doing this year to make sure that voters can cast their ballots and that they won't be intimidated.
WHITFIELD: All right Pam Karlan of Stanford University Law School, thanks so much for joining us this Saturday.
KARLAN: Oh you're quite welcome.
WHITFIELD: Well, under the helmets and behind the sunglasses, what goes through the minds of American troops as they patrol the streets of Iraq? And what keeps them going? We'll hear from many of them coming up next.
(COMMERCIAL BREAK)
WHITFIELD: In Iraq, the battle against insurgents goes on this weekend. American forces have launched a new round of attacks in Fallujah. CNN's Karl Penhaul is embedded with the U.S. Marines near Fallujah he is on the telephone with us now with the latest. Karl.
KARL PENHAUL, CNN CORRESPONDENT (via telephone): Hi Fredricka. There's been a couple of developments in this part of Iraq in the course of today. The first we were informed by the 3rd Marine expeditionary force that eight marines were killed and 9 others were wounded in a fire fight or an attack by insurgents in the course of the day in Western Al Anbar province, Al Anbar province is the home state of the rebel held city of Fallujah, but marines aren't confirming that the attack in which those marines died was in the vicinity of Fallujah.
In fact, they're saying it was not in Fallujah but elsewhere in the province. They didn't give any further details of how the attack occurred and how those marines lost their lives. What we do know that in the past, Fallujah is concerned is that on the south east Fallujah today, there was a fire fight between insurgents there, and a reconnaissance team of marines, they came under fire and for that reason, marines then opened a very heavy artillery barrage on the city at targets inside the city, according to marine sources.
That barrage lasted two hours and in the words of one marine was the heaviest artillery barrage against the city of Fallujah in more than two months. Obviously all this comes against the backdrop of a big military buildup here, as marines are preparing, if they get the order to stage an all-out assault on Fallujah. Commanders here in this area are talking certainly in terms of when and not if an assault occurs, at this state they're not talking of any time line, Fredricka.
WHITFIELD: And Karl what provoked this latest round of air strikes? Was it something other than the deaths of the eight U.S. Marines?
PENHAUL: The air strikes that we're seeing on some of those images are, in fact, not related we are told, to the deaths and injuries of those marines. The deaths and the woundings were in a separate incident, marines are telling us. What we're seeing here the air strikes and the artillery barrage was carried out when the marine reconnaissance unit came under fire the air craft were called in as close air support for the marines on the ground. We are told that in particular incident the marines took no casualties.
WHITFIELD: All right Karl Penhaul, thanks so much for that report as you're embedded with the marines there in Fallujah.
Well, after five long months it's time for closing arguments in the Scott Peterson trial. We'll talk about which side goes in with a possible advantage.
An later we'll look at how a town of three people handles its elections, along with the animals there, too. Stay with us.
(COMMERCIAL BREAK)
WHITFIELD: Closing statements are expected to get under way Monday in the Scott Peterson double murder trial. That means the jury could have a case by midweek. Peterson is accused of killing his pregnant wife, Laci, and their unborn son. In a new twist, the judge decided to give the jury an option. If Peterson is found guilty, the jury will decide whether is he guilty of first or second degree murder.
Joining us from Cleveland, Oho, as always, civil rights attorney and law professor Avery Friedman.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi Fred.
WHITFIELD: Hello. And in Fort Lauderdale, Florida, sunny Florida, criminal defense attorney Richard Herman. Good to see you guys.
RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Nice to see you.
WHITFIELD: All right you guys what has happened to this Peterson defense case? You have one witness who apparently kind of crumbled on the stand and the suddenly Mark Geragos decides we're not even going to call other witnesses that were expected. So Richard, what could possibly be said in the closing statement to kind of salvage this?
HERMAN: Well first Fred, although there were a few witnesses that were called by Geragos after the prosecution rested, that was but a portion of the defense case. The defense case was made during cross- examination of every prosecution witness in which Geragos basically completely undermined their testimony.
That was the bulk of the defense case here. Now, as far as summation goes, this is it. Geragos is going to get up there he's going to point to every inconsistency. He's going to tell this jury that the prosecution has utterly failed to prove an intentional premeditated murder. We don't know the time, date, place, manner, or why Peterson allegedly killed Laci.
WHITFIELD: Huh, so Avery, you agree the defense has no choice but to kind of underscore what the prosecution's mistakes may have been.
FRIEDMAN: Yes, they ended their case with a big thud. We were promised the moon by Mark Geragos. We were supposed to hear from Dr. Henry Lee. We've heard about that on this show. Of course we never heard from him. All the witnesses, the transient viasectionists (ph), nothing. So the only thing he can do is say what a bad job they did, but the fact is that --
WHITFIELD: Is that convincing enough?
FRIEDMAN: Oh, I don't think so. I think the problem right now, especially with this new instruction on murder one and murder two, the fact is, we're looking, I think I'm the first dpi to say this, we're looking for a conviction right now. WHITFIELD: So how unusual is that for a judge to, at the last minute, after the testimony to then say, all right, I'm going to allow second degree murder to be considered now. Is that something that usually takes place at the beginning?
HERMAN: It's my understanding that under California law, the lesser included charge of a second degree murder must be given in a case where the prosecution seeks a first degree murder. The difference between the two, obviously, is a first degree murder, you must prove premeditation. The second degree murder, you not have to prove premeditation.
However, as you know, Fred, and as Avery well knows, the entire theory of the prosecution case was that Scott premeditated. He read the water, the flow charts and the water of the bay, he bought the boat, he made the cement anchors.
FRIEDMAN: That's right.
HERMAN: He went out, he premeditated and he killed his wife. There is not one shred of evidence, there is not one shred of evidence that this was something other than a premeditated murder and if the judge is true to his convictions here, if they come back with a second degree conviction, this judge from the bench should overrule it right there.
FRIEDMAN: Oh, wait a minute, wait a minute! Hold on. Judge Al Delucchi (ph) has following the dictates of a 1997 Supreme Court ruling in California, where the jury has that judgment. So the defense has argued there has not been premeditation. The prosecution has argued that there is premeditation. So that discretion vests with the judge.
WHITFIELD: But then there's no proof, is there? I mean the burden of proof lies on the prosecution and hasn't been established, has it?
FRIEDMAN: Well, I don't agree with that. I think look it what the jury is going to be instructed in addition to beyond a reasonable doubt is jurors, use your common life experience and common sense. What have you got?
HERMAN: No, that's wrong.
FRIEDMAN: Hold on. You got Amber Frey being courted by Scott.
HERMAN: Please that's the motive.
FRIEDMAN: On the 9th of December, I lost my wife. Two weeks later he buys the boat. Two weeks later he gets the anchors. Two weeks later he checks the tides and then he goes fishing on Christmas Eve day 80 miles away. And where do they find the bodies, 80 miles away.
WHITFIELD: So Avery it sounds like you're saying the jurors have to fill in the blanks by using common sense.
FRIEDMAN: That is going to be part of it but they will have to hear the evidence in totality and then use their life experience.
HERMAN: Well they've already heard all of the evidence in its totality. They cannot speculate here. They cannot make up evidence and they cannot speculate, and this must be an acquittal, at worst case a hung jury. This will probably be a hung jury, Fred.
FRIEDMAN: No.
WHITFIELD: Wow so you see them going into deliberations maybe mid-week and going into several days and consequently --
FRIEDMAN: Several weeks, yes. This won't be several days. There was argument about sequestering the jury. I think the jury should have been sequestered a long time ago. But the bottom line they will not deliberate for a couple of days Fredricka they are going to be in there a couple of weeks at least.
WHITFIELD: Avery Friedman, Richard Herman always good to see you gentlemen.
FRIEDMAN: Nice to see you. Take care.
HERMAN: Thank you Fred.
WHITFIELD: All see you next weekend. Thanks a lot.
Well guess what there's a small town in Kentucky that does things rather uniquely. Their politicians really are pigs. We'll take there to meet some of them.
(COMMERCIAL BREAK)
WHITFIELD: Well if you think it's tough deciding who you'll vote for in the race for the White House, it could be worse. Your choices could be Lulu, a real pig of a candidate or a real dog, depending on how you look at it. It's all part of a unique race in the tiny hamlet of Rabbit Hash, Kentucky. Here's CNN's Bruce Burkhardt.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: Two more for Rudy.
UNIDENTIFIED FEMALE: Yes go Rudy.
BRUCE BURKHARDT, CNN CORRESPONDENT, (voice over): Forget hanging Chads and the other run of the mill problems. Consider the irregularities we uncovered at this small polling place in Rabbit Hash, Kentucky. Right now there's an election for mayor. Citizens actually paying to vote $1 buys one vote between now and Election Day. More dollars means more votes for your candidate. You voted more than once?
UNIDENTIFIED FEMALE: Of course, yes, it's the more votes, the more dollars you put in, it's that's the candidate that wins.
BURKHARDT: This is a travesty. And then there is this -- beer, openly available on the premises of the polling place. You're drinking at the polls place? Try to figure this one out, the number of votes cast will far exceed the actual population of the town, which is incidentally three. The poll officials indifferent to it all. It's time to ask some questions, some hard questions. Questions like what happened to the former mayor?
DON CLARE, RABBIT HASH HISTORICAL SOCIETY: He had to be euthanized.
BURKHARDT: You had to euthanize your mayor?
CLARE: Yes we're the only area in the United States that has euthanized a public official, and honestly, if we did it, we thought it would take out.
BURKHARDT: It turns out the last mayor was Goofy, a mixed breed dog with high approval ratings. This election to replace Goofy is less about the need for a mayor, but is about raising money to preserve some of these old buildings. Consider the irony rotten politics to help keep the town from rotting.
CLARE: It's a fundraiser. Besides getting a mayor, you have a wooden town sitting on the bank of a river, you've got a lot of maintenance issues.
BURKHARDT: Perched on the banks of the Ohio River, Rabbit Hash looks like it probably did in the 1800s, when it was founded, but back then, they didn't have a pig running for mayor, Lulu.
CLARE: She's running on the feminist ticket. She's really quite a lady. I'm sorry you had to watch her eat.
BURKHARDT: But Lulu has some stiff competition, including Higgins the donkey or in biblical terms, an ass.
CLARE: When you talk about politicians, they're either a smart ass or a dumb ass, or a pompous ass.
CURKHARDT: Jack ass.
CLARE: Jack ass, rich ass. He wants to get back to where ass has some class and true meaning.
BURKHARDT: But Higgins and Lulu who occasionally have impromptu do debates, both will have to struggle to get the canine vote.
UNIDENTIFIED MALE: He's running for mayor of Rabbit Hash. He's for the small guy.
BURKHARDT: Another candidate, Rudy who has his own security detail. Sam, too, is running, but barely. Most of the campaigning takes place here in the Rabbit Hash general store. Many ways, it's not that much different then politics elsewhere. Money plays a large role. A lot of posturing by the candidates, promises, too, secret alliances being formed. Of course, the occasional photo op to show off a candidate's vigor. But one thing is different here, getting on the ballot is pretty easy. Anybody can run, if you have $1, anybody.
UNIDENTIFIED FEMALE: And what's your name?
BURKHARDT: Bruce. Politics in Rabbit Hash, it's not easy. Several hours of campaigning yielded only one vote -- it was mine. How can you discuss serious issues when you're up against this. Bruce Burkhardt, CNN, Rabbit Hash, Kentucky.
(END VIDEOTAPE)
WHITFIELD: So much more ahead on CNN Saturday. At the top of the hour, it's "Next@CNN" at 4:00 "CNN Live Saturday" and 5:00, "People in the News" profiling the Wives of this years presidential candidates Laura Bush and Theresa Heinz Kerry. But first Daniel Sieberg with a preview of "Next@CNN.
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 30, 2004 - 14:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: It's 2:00 p.m. on the East Coast, 11:00 a.m. out west.
Good afternoon, I'm Fredricka Whitfield at CNN's Global Headquarters in Atlanta.
Ahead this hour, a welcome medical diagnosis but some bad news on the political front for ailing Palestinian leader Yasser Arafat.
The clock is ticking towards Tuesday's election and the candidates are neck and neck. We'll check in with both camp as they burn up the campaign trail.
And later we'll take you to a town in Kentucky where $1 can get any man, woman or even farm animal elected to office. Those stories in a moment, but first here's some other stories now in the news.
The U.S. Military death toll in Iraq has climbed again. Eight American Marines were killed and nine others wounded earlier today in fighting in the Al Anbar Province in Western Iraq. It was the deadliest attack on American forces in Iraq in almost six months.
As authorities analyze the new videotape of the man believed to be Osama bin Laden, President Bush held a video conference this morning with his homeland and national security advisers. Bush told them to take all steps that might be necessary to respond to the new message. On the tape, bin Laden tells Americans the best way to avoid another 9/11-style attack is for the U.S. to stop threatening the security of Muslims.
In Boston a heroes welcome for the Red Sox. The World Series champions were honored with a parade through downtown this morning, and check out this crowd. Hundreds of thousands were expected to turn out for the event.
Keeping you informed, CNN, the most trusted name in news.
Developments today over the health of Yasser Arafat. There are conflicting reports over the 75-year-old Palestinian president's condition and ability to continue leading the Palestinians. Arafat is in Paris for medical test.
And Jane Hancocks is live from Paris with the latest -- Jane.
(BEGIN VIDEOTAPE) PAULA HANCOCKS, CNN CORRESPONDENT: Palestinian leader Yasser Arafat is spending a second day here at the Percy Military Hospital in Southwest Paris. French doctors have been carrying out tests on him, trying to find out what the mystery illness is that has kept him very ill over the last two weeks or more. Leila Shahid, the Palestinian delegate for France was briefing journalists a little later on this afternoon. And she said that the Palestinian leader was feeling generally better than yesterday.
(BEGIN VIDEO CLIP)
LEILA SHAHID, PLO SPOKESWOMAN: What I can tell you is that the doctors have exclude from already, in terms of what he has done, any possibilities of Leukemia. I repeat, the doctor excludes for the time being, any possibility of Leukemia.
(END VIDEO CLIP)
HANCOCKS: This is the second day that Leila Shahid had given a briefing. She said that Yasser Arafat was better both physically and psychologically. She said that he had a good night to rest last night and spoke to his daughter on the phone this morning. It could be some days before we have a final official diagnosis of what is wrong with Yasser Arafat, the chief medic saying that he needs a few more days to make it official.
Paula Hancocks, CNN, Paris.
(END VIDEOTAPE)
WHITFIELD: Yasser Arafat, has beaten back countless challenge to his authority over the years. Sources say Palestinian leaders are trying to divide his responsibilities. But trying to replace him, even temporarily, could be difficult.
Matthew Chance is In Ramallah with reaction to today's report -- Matthew.
MATTHEW CHANCE, CNN CORRESPONDENT: Fredricka, thank you. A great deal of relief expressed by those close to Yasser Arafat here. The tests revealed, according to military Leila Shahid, as we just heard there from Paula Hancocks in Paris, leukemia has so far been excluded as a possibility of the condition affecting Yasser Arafat.
In his absence, though, as a result of the medical condition which has taken him out of the West Bank for the first time in two and a half years, in his absence, some significant political changes have been made at the Palestinian Authority here at the Mukata Compound in Ramallah from where I'm speaking to you now.
A number of key positions that were once held, still held officially by Yasser Arafat have been taken over temporarily, says officials, by two other key figures in the Palestinian administration. The idea here being, according to the Palestinian officials, they want to express as much continuity as possible. Key ministries, key portfolios regarding the security forces of the Palestinian Authority have been given to Ahmed Qorei, the current Palestinian prime minister.
Abu Mazen, the former Palestinian, prime minister has taken over the chairmanship of the Palestinian Liberation Organization, the PLO. Both of those individuals are stressing that this is just a temporary measure. That both acting chairman and when Yasser Arafat, if he recovers from this current illness that he's suffering, and makes his return Ramallah, to this West Bank compound, they're keeping his chair literally empty. And they're saying they're ready for him to take up his responsibilities again as the administrative president of the Palestinian Authority -- Fredricka.
WHITFIELD: And Matthew, is there any expressed concern among Palestinians that Yasser Arafat would, indeed, have a difficult time returning back to the territory, even though Israel has said they would allow him to do so?
CHANCE: Well, there's a great deal of concern about that amongst ordinary Palestinians. Israel, you're right, has stressed that it will allow Yasser Arafat to return Ramallah, if he should recover from this condition he's suffering from. But many Palestinians that we've spoken to on the streets of this West Bank town are mistrusting of that. They believe that there's some kind of an attack against Israelis, some terrorist attack, then the Israelis may change their position. So, there's not a great deal of trust between what they say they'll do.
What there is though also amongst many Palestinians is a great deal of concern about what will happen when the era of Yasser Arafat inevitably comes to an end. There's a great deal of concern that may follow -- what may bring along the end of Yasser Arafat may provoke a sort of period of chaos, that a great number of people here in the West Bank and else where in the Palestinian territories are very concerned about indeed -- Fredricka.
WHITFIELD: Matthew Chance in Ramallah, thanks so much for that report.
Well, the race for the White House remains close here in this country. A new poll shows one side gaining ground. "Newsweek" shows the Bush/Cheney ticket with a 51 percent to 45 percent lead over Kerry-Edwards among likely voters, that's up from a one-point lead last week. The lead shrinks among registered voters, however. There the president has a 48 percent to 45 percent advantage. The race among registered voters was even in "Newsweek's" last poll.
John Kerry, is spending his Saturday in the Midwest trying to nail down votes in the incredibly tight battleground states of Wisconsin, Iowa and Ohio. Kerry, continues to push his view that he can run a tougher war than President Bush.
Let's go now to Frank Buckley, who is with the Kerry campaign.
FRANK BUCKLEY, CNN CORRESPONDENT: Fredricka, we are in Des Moines, Iowa. Senator Kerry coming here next. It's a very cold and windy place right now, but his supporters are out here braving the cold. Senator Kerry coming out here to help get out the vote on Tuesday. Earlier today, he was in Appleton, Wisconsin, campaigning. The last weekend of campaigning really taking a bitter turn, once again, after the release of the new Osama bin Laden tape. Both campaigns accusing each other of trying to use that tape for political gain. Senator Kerry took up that issue this morning in this way.
(BEGIN VIDEO CLIP)
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: Let me make it clear to people all across the world, as Americans, we are absolutely united, all of us. There are no Democrats. There are no Republicans. As Americans, we are united in our determination to destroy, capture, kill Osama bin Laden and all of the terrorists. They are barbarians, and we are going to hunt them down and we will make America safe.
(END VIDEO CLIP)
BUCKLEY: But at the same time, Senator Kerry repeated his criticism of President Bush with regard to Osama bin Laden, saying Bush's military strategy in the Tora Bora mountains allow allowed bin Laden to escape. It was that criticism right after the tape was released yesterday that President Bush called shameful. Kerry aides point out that's the same language that Senator Kerry has been using for months.
Now, after the rally, meanwhile, in Wisconsin today, Senator Kerry went over to try to encourage some canvassers who were preparing to hit the ground, that these were the political ground troops were out in force this weekend all over the U.S., turnout will be key, especially in these very tight battleground states.
Fredricka, it's folks like these here on both sides, in both campaigns that will be out all over the country this weekend, trying to turn out the the vote -- Fredricka.
WHITFIELD: Frank Buckley, in Des Moines, thanks so much. And we'll have a report from White House correspondent John King in a moment on the president's day.
In the meantime, President Bush is also covering a lot of ground today, beginning in the upper Midwest states of Michigan, Wisconsin and then Wisconsin then he heads on to Florida. The races, the votes and the results.
CNN special election night coverage begins Tuesday night at 7:00 p.m., live from New York, for real time election results on 96 television screens, simultaneously to a live town hall meeting as well. Trust CNN to track the votes, the exit polls, the swing states, any voting irregularities or legal challenges may ensue. Plus dozens of reporters on the front lines from coast to coast, live throughout the night with new developments as well. There is no stopping until the election has been determined right here on CNN.
Wolf Blitzer and CNN's full election team will help kick off the prime time coverage, that's Tuesday night, election night, beginning at 7:00 p.m. Eastern time. We'll have more on the election during this hour of CNN SATURDAY, including a look at the famous faces popping up along side the candidates. Ron Brownstein, joins us to talk about the star power.
Plus Osama bin Laden's new tape, we'll look at what signals it does send, and what impact it just might have on the election.
And later -- instead of being at Saturday football games or with family, a generation of men are spending their youth on the dangerous streets of Iraq. We'll find out what keeps them going.
(COMMERCIAL BREAK)
WHITFIELD: U.S. Government analysts say the newly released videotape from Osama bin Laden appears to be authentic. Some reports say the tape may have been made as recently as earlier in the week. Bin Laden refers to John Kerry and George Bush saying U.S. security depends on U.S. Policies towards Muslims. The tape was translated by CNN.
(BEGIN VIDEO CLIP)
OSAMA BIN LADEN, AL QAEDA LEADER (through translator): Your security is not in the hands of Kerry or Bush or al Qaeda. Your security is in your hands. Each state that will not play with our security, by default, will secure themselves.
(END VIDEO CLIP)
WHITFIELD: More than three years after 9/11, bin Laden remains on the run, alluding an international manhunt with a $25 million price on his head.
Phil Smucker is an international journalist and author who has written a book "Al Qaeda's Great Escape," and he is with us now in Washington.
All right. Phil, good to see you.
PHIL SMUCKER, JOURNALIST, AUTHOR: Hello.
WHITFIELD: Let's take a closer look and listen at what exactly is believed to be said by Osama bin Laden. He singles out Kerry and Bush by name, but do you think his message is being made directly to those two presidential candidates or to the American population as a whole?
SMUCKER: Well, it's interesting. I think he's trying to circumvent the politicians. On the one hand, they're reacting to what he says, but the message itself is directed to the American public. It's an effort by the al Qaeda organization to say, we're not only a militant guerrilla organization, but we're a political organization. And we have grievances, and that we're willing to make deals, frankly. And if you lay off, if you pull your troops out of the Middle East, and start to behave properly, vis-a-vis the Israelis, then we're willing to stop attacking you. So it's an overture towards the American public, but both the American candidates reacted very quickly yesterday.
WHITFIELD: And do you see or evaluate the timing of the release of this tape to coincide directly with these elections or is it just by coincidence, in your view, that he is also saying, look, everybody, I am still here.
SMUCKER: Well, he had been absent really -- he had not made a video with his mouth moving in almost two years, and so this is absolutely crucial, both to his followers in the Middle East, and also to the American public. A lot of people in America were asking me, "Hey, isn't bin Laden dead? Didn't he die in the rubble of Tora Bora?" And I said no, because of most of the experts believed he was alive, but even in the Middle East nobody was quite sure. He's used this opportunity right in the middle of an election, at the very end, mind you, to move into the political limelight and make his statement.
WHITFIELD: Let's listen now to another sound byte where he makes an admission, so to speak, involving 9/11, and at the same time, he does single out President Bush with this very succinct message.
(BEGIN VIDEO CLIP)
BIN LADEN (through translator): We never knew that the commander in chief of the American armed forces would leave 50,000 of his people and the two towers to face those events by themselves, when they were in critical, most urgent need for their leader. He was talking to a child about a goat. He was more preoccupied with that than the attacking of the towers.
(END VIDEO CLIP)
WHITFIELD: Is he not singling out or underscoring what he believes to be the vulnerabilities of President Bush or the nation as a whole?
SMUCKER: Oh, I think this is a scathing attack from Osama bin Laden against George Bush and he's saying to the American public, hang on. This is a leader who doesn't care about the safety of the American public. In fact, while 50,000 Americans were in peril at the World Trade Center, he was reading a book, "My Pet Goat," to a classroom. By the way, that picture of the president reading to the children was available not only on Michael Moore's movie, but a lot of people think that he may have seen Michael Moore's movie, but he was also available elsewhere.
But he's actually hitting very hard at George Bush and one could say that either he's trying to make an overture towards the American Public. On the other hand, he may very well be trying to manipulate this election. He may know that a sharp critique of the president at this point is going to play poorly in mid-America and in fact cause people to vote for George Bush, the commander in chief, as opposed to the opposition, who he leaves alone entirely. He hands off of John Kerry entirely. WHITFIELD: Phil Smucker, international journalist as well as author of "Al Qaeda's Great Escape," thanks so much for joining us from Washington.
SMUCKER: My pleasure.
WHITFIELD: Well, election day is just three days way. How many days until we know exactly who is elected?
That's a driving question, and we'll ask CNN political analyst Ron Brownstein about that.
Later on...
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We're the only area in the United States you can ask for public official. And honestly, after we did it, we thought it would take off.
(END VIDEO CLIP)
WHITFIELD: A little town in Kentucky with some rather unique ideas about politics and who should be representing whom. We'll explain.
(COMMERCIAL BREAK)
WHITFIELD: President Bush covering a lot of ground today, beginning in the upper Midwest states of Michigan, Wisconsin, and Minnesota, then heading off to Florida. The president is telling crowds freedom is on the march and his strategy to win the war on terror is succeeding.
John King, has more on the president's day.
(BEGIN VIDEOTAPE)
JOHN KING, CNN WHITE HOUSE CORRESPONDENT: President Bush campaigning in five states to begin the final weekend of the campaign. That new bin Laden tape bringing into focus what is a staple line of the president's stump speech, this will be the first presidential election since the September 11th attacks and in making the choice, the American people will be choosing what direction this country takes in the war on terrorism.
The president decided, aides say to make no specific mention of the bin Laden tape at his early stops in Michigan and Wisconsin, but the president did hit hard as what it is his signature campaign theme, presenting himself as a proven and tough war-time president, a commander in chief with whom you might not always agree but who you always know where he stands. Mr. Bush painting Senator Kerry in contrast with someone a 20-year-old record the president says is soft on national security and as a politician, the president says, lacks the core convictions necessary to lead the war on terror.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: During the last 20 years of key moments of challenge and decision, Senator Kerry has chosen the path of weakness and inaction.
(END VIDEO CLIP)
KING: Senator Kerry continues to say that one reason Osama bin Laden is still at large is because in his view, President Bush diverted resources from Afghanistan to Iraq. The president deciding on this day not to engage in a back and forth with Senator Kerry, but campaigning in Pennsylvania, the vice president did rebut that charge, saying that he would believe the commanding general at the time, General Tommy Franks, not John Kerry.
(BEGIN VIDEO CLIP)
DICK CHENEY, VICE PRESIDENT OF THE UNITED STATES: John Kerry, harps away at phony charges. He says we took our eye off the ball at Tora Bora. A charge General Franks who commanded our forces has totally refuted. Given a choice between John Kerry and General Tommy Franks, I'll take General Franks any time.
(END VIDEO CLIP)
KING: This new bin laden tape presents challenges to Mr. Bush both as president and as a candidate. As a candidate, he repeatedly claims progress in the war on terrorism, just as Americans are being reminded in the final days of the campaign that the al Qaeda leader remains at large.
And as president, before hitting the campaign trail today, Mr. Bush in Ohio convened a secure video conference, his national Security Adviser Condoleezza Rice was with him and joined by that security video link, the attorney general, the FBI director, the CIA director and the Department of Homeland Security, Tom Ridge. And among others, Mr. Bush aides say, wanting to make sure all necessary analysis of the tape was proceeding quickly and any necessary security precautions also were taking place.
Now, Bush aides have said for some time they'd welcome it, if the campaign closed with a debate on terrorism and national security. They had no way of knowing Osama bin Laden would intrude into that debate in the campaigns final hours.
John King, CNN, Oswabanin (ph), Wisconsin.
(END VIDEOTAPE)
WHITFIELD: President Bush and Senator Kerry, their running mates' wives and surrogates continue to crisscross the country. They're trying to convince undecided voters, particularly, and get the faithful to the polls next Tuesday.
CNN political analyst Ron Brownstein is here with a look at the campaign's last three days. Good to see you, Ron. RON BROWNSTEIN, CNN POLITICAL ANALYST: Good to see you, Fred.
WHITFIELD: Back to a little bit more of the tapes. Each is accusing the other side of perhaps using the tape to their political advantage, but both have to say something, both are compelled to say something to respond to these tapes. Are they not?
BROWNSTEIN: I think that's right. Obviously, the resurfacing of Osama bin Laden this late in the campaign has to be addressed by both sides. It seems to me, and in listening to you and many of the analysts on Middle East politics and terror over the last 24 hours, this tape is as much about influencing Osama bin Laden's profile in the world, as it is about influencing the American political election.
I mean, his message is very much that neither one of these candidates can protect you. All they can protect you is a change in American policy, which is, you know, a message that doesn't tilt toward one side or the other in any way. And he may have chosen this as a moment of maximum opportunity to get his image out and his point out than perhaps to affect the result here in the U.S.
WHITFIELD: Aside from Osama's motivation then, by default, won't it automatically look like Bush is using this tape to his political advantage, given the fact that he is having these teleconference meetings with his advisers, his national security team and also under consideration, whether to raise the terror alert?
BROWNSTEIN: Well, I don't think I agree that would be -- look, this is what you would want a president to do. In the past, tapes have been a signal in some cases for cells to move forward on operations. Obviously, they've got to assess whether there is any eminent risk with the appearance of this tape. The president is certainly -- it's entirely appropriate for the president to be conferring with his advisers about this. Anything that happens this late in a presidential campaign obviously is going to be scrutinized for political impact. We may be beyond the point where large numbers of voters are going to be moved by almost any event, but both sides are obviously nervous this could provide some advantage to the other.
WHITFIELD: And the president, in particular, runs the risk of possibly overreacting, doing too much, and that, too, could cost the sense of security of the American public.
BROWNSTEIN: Like I said, I think bush's reaction so far, most people, I would bet, are saying, is appropriate. Certainly, you want to be talking to your advisers at a time like this. John Kerry did, and some of his advisers did, yesterday, you know, use the reemergence of the tape to restate their criticism of President Bush about Tora Bora and more broadly about shifting the focus toward Iraq from al Qaeda, which is their case.
But again, I think we're mostly seeing the two sides, especially, handling this gingerly and returning to familiar arguments.
WHITFIELD: Ron Brownstein, from the "L.A. Times," as well as our political analyst, thanks so much. BROWNSTEIN: Thank you.
WHITFIELD: Well, more on Tuesday's election straight ahead, including a look at what both sides are already doing to fund and win a recount if it happens.
Plus the defense rests rather than -- rather abruptly, rather, in the Scott Peterson trial. We'll talk about whether it was strategy or a stumble.
(COMMERCIAL BREAK)
WHITFIELD: Here are our top stories in the news. Palestinian officials appear to be debating whether the era of Yasser Arafat is over. Arafat is the in Paris while doctors are trying to diagnosis an apparent blood disorder. Palestinians sources told CNN Arafat is not in control of his mental faculty and can not communicate coherently.
In Baghdad an explosion outside the office of the A Arabia television network sent several employees to the hospital this morning. The network says at least five people died. Police say a car bomb detonated in the neighborhood, an Iraqi militant group, the 20th Brigade is claiming responsibility.
And with three days to go, a new tape of Osama Bin Laden puts global terrorism on the front burner of the presidential campaign in this country. Both President Bush and Democratic rival Senator Kerry are stumping in the Midwest today. Kerry continues to blame the president for letting Bin Laden getting away. The president is reminding voters the person in the oval office will determine the outcome of the war on terror.
With the polls showing the presidential race as a very close contest, both political parties are bringing in their lawyers, and that's provoking a new battle over paying for them, as CNN's Lisa Sylvester reports.
(BEGIN VIDEOTAPE)
LISA SYLVESTER, CNN CORRESPONDENT (voice over): The U.S. Supreme Court's 5-4 decision on the Florida recount in 2000 resulted in a victory for President Bush. This year's race could be right back in the hands of the high court, over such issues as provisional ballots. Colorado constitutional amendment, or claims of fraud or disenfranchisement.
PAUL DEGREGORIO, ELECTION ASSISTANCE COMMISSION: Could we have another Florida? Yes certainly if the margin in the states is, you know, several thousand, a few thousand votes, 1,000 votes or less, any mistake that's going to be made, could be magnified.
SYLVESTER: Democrats and Republicans have already hired an army of lawyers for possible recounts from Florida to Ohio. So far, the Bush recount committee has raised nearly $9 million. The Kerry campaign, more than $3 million. The federal election commission has not set limits on the amount an individual can contribute to the post election fund, despite the McCain-fine gold ban on soft money so that means a free-for-all.
LARRY NOBLE, CENTER FOR RESPONSIVE POLITICS: This was a gift to the campaigns. It allows them to go out now and go to those soft money donors who could not give directly to the campaigns anymore, could not give to the political parties and hit them up for the hundred thousand dollar, million dollar checks for these recount battles.
SYLVESTER: Law professor Jonathan Siegel says courts refree between partisan elected officials but the judges may be swayed by their own political connections.
JONATHAN SIEGEL, GEORGE WASHINGTON UNIVERSITY: 2,000 demonstrated that when the presidential election turns on a judicial ruling, it is difficult for judges, even if they're doing their job with the best will they can, to be completely impartial.
SYLVESTER: So who will decide this election? The voters may cast their ballots, but the courts may have the final say.
SYLVESTER (on camera): The federal election commission may be challenged to reverse its position on unlimited donations to fund the recounts. If that's the case, there may be a legal battle over the legal battles. Lisa Sylvester, CNN, Washington.
(END VIDEOTAPE)
WHITFIELD: Well here with more on possible legal challenges to the presidential election is Pam Karlan, a professor and election law specialist at Stanford University Law School. All right good to see you Pam.
PAM KARLAN, PROFESSOR, STANFORD UNIVERSITY LAW SCHOOL: Good to see you, too.
WHITFIELD: All right let's try to tick through some of these things that may take this election to the courts. For one electronic balloting. How is it that immediately after the Florida debacle, it was considered to be the best answer and now suddenly there's an awful lot of apprehension?
KARLAN: Well, I think what people wanted was an election system that was reliable, that counted ballots quickly that, voters were familiar with from other parts of their lives. Electronic voting seems to some people to be the gold standard, because it's like the way you go and get money out of an ATM, you touch a screen and press it and your vote's automatically recorded.
WHITFIELD: But now some are reticent because particularly they don't have any kind of paper receipt, any kind of evidence of what they just punched in.
KARLAN: Well that's right. Because one of the things you want is for the voter to be able to confirm what he or she has done and you also want for there to be what's called an audit trail so that you can actually count the ballots again to make sure that the machine count is reliable. And some of the electronic voting machines that are being used don't provide that kind of audit trail.
WHITFIELD: So apparently it's only a disaster if it is a close election, but not necessarily a landslide. Who is thinking it's going to be a landslide, given f you are believing all the polls, all of the polls are indicating it's going to be very tight.
KARLAN: Well, that's right, and in a tight election, people tend to ask for recounts, and you want to be able to actually confirm how the balance lots have been cast, and some of the electronic voting machines don't do that. They just tell you again the same thing they told you the first time.
WHITFIELD: Provisional balloting another issue that is something that's popping up in Ohio. Some are already starting to claim that Ohio just might be the next Florida. Why?
KARLAN: Well, one of the other things that happened after the 2000 election is that Congress passed something called the Help America Vote Act, which provides that states have to give someone who shows up at the polls and doesn't appear on the registered voters' list the right to cast a provisional ballot and then afterwards election officials will see whether the ballot should be counted.
But different states disagree on whether and when they'll count the ballots because the federal law says you have to give the people the ballots. It doesn't say under what circumstances you have to count them. Some states are taking the position that they'll only count your provisional if the only reason you didn't appear on the list was the government's fault and not for example your turning up at the wrong polling place or something like that.
WHITFIELD: OK, campaign volunteers, we've seen them before, showing up at the precincts, encouraging people to vote. Why is it this year there is some speculation that they may be trying to intimidate voters before they actually go in and cast their ballots?
KARLAN: Well I think there are two ways of winning an election, one is to get your voters to show up at the polls and vote and the other is to prevent voters who support the other side from voting. America has a long history of voter intimidation. This year we're coming up on the 40th anniversary of the voting rights act of 1965, which is the source, for example, of the federal government's sending observers to particularly troubled election sites, which the federal government will be doing this year to make sure that voters can cast their ballots and that they won't be intimidated.
WHITFIELD: All right Pam Karlan of Stanford University Law School, thanks so much for joining us this Saturday.
KARLAN: Oh you're quite welcome.
WHITFIELD: Well, under the helmets and behind the sunglasses, what goes through the minds of American troops as they patrol the streets of Iraq? And what keeps them going? We'll hear from many of them coming up next.
(COMMERCIAL BREAK)
WHITFIELD: In Iraq, the battle against insurgents goes on this weekend. American forces have launched a new round of attacks in Fallujah. CNN's Karl Penhaul is embedded with the U.S. Marines near Fallujah he is on the telephone with us now with the latest. Karl.
KARL PENHAUL, CNN CORRESPONDENT (via telephone): Hi Fredricka. There's been a couple of developments in this part of Iraq in the course of today. The first we were informed by the 3rd Marine expeditionary force that eight marines were killed and 9 others were wounded in a fire fight or an attack by insurgents in the course of the day in Western Al Anbar province, Al Anbar province is the home state of the rebel held city of Fallujah, but marines aren't confirming that the attack in which those marines died was in the vicinity of Fallujah.
In fact, they're saying it was not in Fallujah but elsewhere in the province. They didn't give any further details of how the attack occurred and how those marines lost their lives. What we do know that in the past, Fallujah is concerned is that on the south east Fallujah today, there was a fire fight between insurgents there, and a reconnaissance team of marines, they came under fire and for that reason, marines then opened a very heavy artillery barrage on the city at targets inside the city, according to marine sources.
That barrage lasted two hours and in the words of one marine was the heaviest artillery barrage against the city of Fallujah in more than two months. Obviously all this comes against the backdrop of a big military buildup here, as marines are preparing, if they get the order to stage an all-out assault on Fallujah. Commanders here in this area are talking certainly in terms of when and not if an assault occurs, at this state they're not talking of any time line, Fredricka.
WHITFIELD: And Karl what provoked this latest round of air strikes? Was it something other than the deaths of the eight U.S. Marines?
PENHAUL: The air strikes that we're seeing on some of those images are, in fact, not related we are told, to the deaths and injuries of those marines. The deaths and the woundings were in a separate incident, marines are telling us. What we're seeing here the air strikes and the artillery barrage was carried out when the marine reconnaissance unit came under fire the air craft were called in as close air support for the marines on the ground. We are told that in particular incident the marines took no casualties.
WHITFIELD: All right Karl Penhaul, thanks so much for that report as you're embedded with the marines there in Fallujah.
Well, after five long months it's time for closing arguments in the Scott Peterson trial. We'll talk about which side goes in with a possible advantage.
An later we'll look at how a town of three people handles its elections, along with the animals there, too. Stay with us.
(COMMERCIAL BREAK)
WHITFIELD: Closing statements are expected to get under way Monday in the Scott Peterson double murder trial. That means the jury could have a case by midweek. Peterson is accused of killing his pregnant wife, Laci, and their unborn son. In a new twist, the judge decided to give the jury an option. If Peterson is found guilty, the jury will decide whether is he guilty of first or second degree murder.
Joining us from Cleveland, Oho, as always, civil rights attorney and law professor Avery Friedman.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi Fred.
WHITFIELD: Hello. And in Fort Lauderdale, Florida, sunny Florida, criminal defense attorney Richard Herman. Good to see you guys.
RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Nice to see you.
WHITFIELD: All right you guys what has happened to this Peterson defense case? You have one witness who apparently kind of crumbled on the stand and the suddenly Mark Geragos decides we're not even going to call other witnesses that were expected. So Richard, what could possibly be said in the closing statement to kind of salvage this?
HERMAN: Well first Fred, although there were a few witnesses that were called by Geragos after the prosecution rested, that was but a portion of the defense case. The defense case was made during cross- examination of every prosecution witness in which Geragos basically completely undermined their testimony.
That was the bulk of the defense case here. Now, as far as summation goes, this is it. Geragos is going to get up there he's going to point to every inconsistency. He's going to tell this jury that the prosecution has utterly failed to prove an intentional premeditated murder. We don't know the time, date, place, manner, or why Peterson allegedly killed Laci.
WHITFIELD: Huh, so Avery, you agree the defense has no choice but to kind of underscore what the prosecution's mistakes may have been.
FRIEDMAN: Yes, they ended their case with a big thud. We were promised the moon by Mark Geragos. We were supposed to hear from Dr. Henry Lee. We've heard about that on this show. Of course we never heard from him. All the witnesses, the transient viasectionists (ph), nothing. So the only thing he can do is say what a bad job they did, but the fact is that --
WHITFIELD: Is that convincing enough?
FRIEDMAN: Oh, I don't think so. I think the problem right now, especially with this new instruction on murder one and murder two, the fact is, we're looking, I think I'm the first dpi to say this, we're looking for a conviction right now. WHITFIELD: So how unusual is that for a judge to, at the last minute, after the testimony to then say, all right, I'm going to allow second degree murder to be considered now. Is that something that usually takes place at the beginning?
HERMAN: It's my understanding that under California law, the lesser included charge of a second degree murder must be given in a case where the prosecution seeks a first degree murder. The difference between the two, obviously, is a first degree murder, you must prove premeditation. The second degree murder, you not have to prove premeditation.
However, as you know, Fred, and as Avery well knows, the entire theory of the prosecution case was that Scott premeditated. He read the water, the flow charts and the water of the bay, he bought the boat, he made the cement anchors.
FRIEDMAN: That's right.
HERMAN: He went out, he premeditated and he killed his wife. There is not one shred of evidence, there is not one shred of evidence that this was something other than a premeditated murder and if the judge is true to his convictions here, if they come back with a second degree conviction, this judge from the bench should overrule it right there.
FRIEDMAN: Oh, wait a minute, wait a minute! Hold on. Judge Al Delucchi (ph) has following the dictates of a 1997 Supreme Court ruling in California, where the jury has that judgment. So the defense has argued there has not been premeditation. The prosecution has argued that there is premeditation. So that discretion vests with the judge.
WHITFIELD: But then there's no proof, is there? I mean the burden of proof lies on the prosecution and hasn't been established, has it?
FRIEDMAN: Well, I don't agree with that. I think look it what the jury is going to be instructed in addition to beyond a reasonable doubt is jurors, use your common life experience and common sense. What have you got?
HERMAN: No, that's wrong.
FRIEDMAN: Hold on. You got Amber Frey being courted by Scott.
HERMAN: Please that's the motive.
FRIEDMAN: On the 9th of December, I lost my wife. Two weeks later he buys the boat. Two weeks later he gets the anchors. Two weeks later he checks the tides and then he goes fishing on Christmas Eve day 80 miles away. And where do they find the bodies, 80 miles away.
WHITFIELD: So Avery it sounds like you're saying the jurors have to fill in the blanks by using common sense.
FRIEDMAN: That is going to be part of it but they will have to hear the evidence in totality and then use their life experience.
HERMAN: Well they've already heard all of the evidence in its totality. They cannot speculate here. They cannot make up evidence and they cannot speculate, and this must be an acquittal, at worst case a hung jury. This will probably be a hung jury, Fred.
FRIEDMAN: No.
WHITFIELD: Wow so you see them going into deliberations maybe mid-week and going into several days and consequently --
FRIEDMAN: Several weeks, yes. This won't be several days. There was argument about sequestering the jury. I think the jury should have been sequestered a long time ago. But the bottom line they will not deliberate for a couple of days Fredricka they are going to be in there a couple of weeks at least.
WHITFIELD: Avery Friedman, Richard Herman always good to see you gentlemen.
FRIEDMAN: Nice to see you. Take care.
HERMAN: Thank you Fred.
WHITFIELD: All see you next weekend. Thanks a lot.
Well guess what there's a small town in Kentucky that does things rather uniquely. Their politicians really are pigs. We'll take there to meet some of them.
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WHITFIELD: Well if you think it's tough deciding who you'll vote for in the race for the White House, it could be worse. Your choices could be Lulu, a real pig of a candidate or a real dog, depending on how you look at it. It's all part of a unique race in the tiny hamlet of Rabbit Hash, Kentucky. Here's CNN's Bruce Burkhardt.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: Two more for Rudy.
UNIDENTIFIED FEMALE: Yes go Rudy.
BRUCE BURKHARDT, CNN CORRESPONDENT, (voice over): Forget hanging Chads and the other run of the mill problems. Consider the irregularities we uncovered at this small polling place in Rabbit Hash, Kentucky. Right now there's an election for mayor. Citizens actually paying to vote $1 buys one vote between now and Election Day. More dollars means more votes for your candidate. You voted more than once?
UNIDENTIFIED FEMALE: Of course, yes, it's the more votes, the more dollars you put in, it's that's the candidate that wins.
BURKHARDT: This is a travesty. And then there is this -- beer, openly available on the premises of the polling place. You're drinking at the polls place? Try to figure this one out, the number of votes cast will far exceed the actual population of the town, which is incidentally three. The poll officials indifferent to it all. It's time to ask some questions, some hard questions. Questions like what happened to the former mayor?
DON CLARE, RABBIT HASH HISTORICAL SOCIETY: He had to be euthanized.
BURKHARDT: You had to euthanize your mayor?
CLARE: Yes we're the only area in the United States that has euthanized a public official, and honestly, if we did it, we thought it would take out.
BURKHARDT: It turns out the last mayor was Goofy, a mixed breed dog with high approval ratings. This election to replace Goofy is less about the need for a mayor, but is about raising money to preserve some of these old buildings. Consider the irony rotten politics to help keep the town from rotting.
CLARE: It's a fundraiser. Besides getting a mayor, you have a wooden town sitting on the bank of a river, you've got a lot of maintenance issues.
BURKHARDT: Perched on the banks of the Ohio River, Rabbit Hash looks like it probably did in the 1800s, when it was founded, but back then, they didn't have a pig running for mayor, Lulu.
CLARE: She's running on the feminist ticket. She's really quite a lady. I'm sorry you had to watch her eat.
BURKHARDT: But Lulu has some stiff competition, including Higgins the donkey or in biblical terms, an ass.
CLARE: When you talk about politicians, they're either a smart ass or a dumb ass, or a pompous ass.
CURKHARDT: Jack ass.
CLARE: Jack ass, rich ass. He wants to get back to where ass has some class and true meaning.
BURKHARDT: But Higgins and Lulu who occasionally have impromptu do debates, both will have to struggle to get the canine vote.
UNIDENTIFIED MALE: He's running for mayor of Rabbit Hash. He's for the small guy.
BURKHARDT: Another candidate, Rudy who has his own security detail. Sam, too, is running, but barely. Most of the campaigning takes place here in the Rabbit Hash general store. Many ways, it's not that much different then politics elsewhere. Money plays a large role. A lot of posturing by the candidates, promises, too, secret alliances being formed. Of course, the occasional photo op to show off a candidate's vigor. But one thing is different here, getting on the ballot is pretty easy. Anybody can run, if you have $1, anybody.
UNIDENTIFIED FEMALE: And what's your name?
BURKHARDT: Bruce. Politics in Rabbit Hash, it's not easy. Several hours of campaigning yielded only one vote -- it was mine. How can you discuss serious issues when you're up against this. Bruce Burkhardt, CNN, Rabbit Hash, Kentucky.
(END VIDEOTAPE)
WHITFIELD: So much more ahead on CNN Saturday. At the top of the hour, it's "Next@CNN" at 4:00 "CNN Live Saturday" and 5:00, "People in the News" profiling the Wives of this years presidential candidates Laura Bush and Theresa Heinz Kerry. But first Daniel Sieberg with a preview of "Next@CNN.
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