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Holiday Travel & Weather Update; Security Searches; Living Will Controversy

Aired November 24, 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.


KYRA PHILLIPS, CNN ANCHOR: Live pictures from Reagan National Airport. Millions of Americans flying home, but some female passengers are saying security is going a little too far.
CHRIS LAWRENCE, CNN CORRESPONDENT: I'm Chris Lawrence, at a rest stop outside Chicago, Illinois, where travelers are getting their first taste of snow this holiday season.

PHILLIPS: A CNN exclusive, an interview with Osama bin Ladder's brother-in-law. Why he thinks the al Qaeda leader did not organize the 9/11 attacks.

And he was the greatest military conqueror of his day. But does the movie "Alexander" faithfully portray the ancient warrior? We'll retrace the steps of Alexander the Great.

From the CNN Center in Atlanta, I'm Kyra Phillips. Miles O'Brien is off. This hour of CNN's LIVE FROM starts right now.

Take 37 million hearty souls, throw in a major U.S. holiday, tighter airport security, and a few tornadoes, torrential rains and snow, and you get a pretty clear picture of what things are like on the roads and in the skies today. Let's begin our coverage of Thanksgiving eve travel with CNN's Chris Lawrence in the Midwest, where things are getting a little messy.

Hi, Chris.

LAWRENCE: Yes, Kyra, you said it. That bad weather that started a few hours ago, what had been a steady rain, has now turned to snow. This is really the first snow that we're ever seeing so far this season, and it's coming right at the busy holiday time of the year. You know, go figure.

Again, out here on the roads, you can see it's a wintry, kind of a snowy, rainy mix. We're here at one of the rest stops that a lot of people will be going to this time of year just to kind of get out of the weather for a little while. And it will be a lot to people on the road.

AAA estimates that we're going to see 30 million drivers out here on the road so far this year. Kris Lathan from AAA, happy to join us here.

Put that into some sort of perspective for us, 30 million on the road. KRIS LATHAN, AAA: Well, at AAA, we're calling this a milestone for the Thanksgiving holiday. We're seeing a resurgence since September 11 because we haven't seen this many travelers since 2000.

LAWRENCE: And can you -- what about geographically? Are more travelers in one part of the country than another?

LATHAN: Typically, that's how it happens. We tend to break the country up into five geographic regions. We see the vast majority of our travelers originating out of the Southeast, where there are some 8.8 million travelers expected to come out.

Here in our region, in Illinois, we're seeing about 6 million travelers originating. But when you combine Illinois, which is the Great Lakes area, encompasses Michigan and Wisconsin, along with the Midwest, that accounts for some 13 million travelers originating out of the Great Lakes-Midwestern region.

LAWRENCE: All right. Kris Lathan, thank you very much, from AAA.

And they'll be dealing, of course, with all that snow and ice that's forming up out there. As we take another live look outside on the highway, you can see that the rain is now turning to a rainy, snowy mix. The temperature is dropping. And although traffic is fairly light this time of day, it is moving a lot slower than it was even a few hours ago, starting to slow down a little bit.

And we expect that to get slower as the day goes on. Ironically, all those drivers out there, all this travel, we're doing so as we're paying some of the highest gas prices ever for Thanksgiving, $1.97 a gallon on average -- Kyra.

PHILLIPS: All right, Chris. Thanks so much. I'm glad you moved inside. It's a lot warmer.

LAWRENCE: Yes, you said it.

PHILLIPS: Chris Lawrence. All right.

Well, it's crunch time at the nation's airports. The FAA says that there will be more flights today than any other day of the year. CNN's Deborah Feyerick is monitoring the crowds at LaGuardia in New York.

All right, Deb. Is it still calm, or has it gotten a little more chaotic?

DEBORAH FEYERICK, CNN CORRESPONDENT: Well, Kyra, it's definitely still calm, but it's getting a little bit noisier. Many people worked half a day and then took the rest off so that they could travel.

This morning it sort of felt like a honeymoon, a lot of people here at the airport. But most of them basically getting their tickets very quickly and going through the screening procedure to get to their gates. We only saw about a dozen people sprinting for their gate. That's different than in past years, when usually one out of every three people appeared to be doing a dash to the gate.

Now, we're with -- we're joined by Peggy and Julie and Samantha Berenblum, who are traveling.

What surprised you the most about coming to this airport?

PEGGY BERENBLUM, TRAVELING TO FLORIDA: The ease with -- with which we've traveled so far. There was no traffic coming from Connecticut to LaGuardia. There was no-hassle parking. There were no lines to check in.

Our plane so far is on time. So, so far, it's easy and quick, and no hassle and no security problems so far.

FEYERICK: Now, you guys are all headed to Fort Lauderdale. You did this trip last year. How does this year compare to that?

BERENBLUM: As smooth as it was last year. Last year we flew into Miami. The only issue last year was on the Miami end.

So once we got to Miami, there was -- it was a zoo in the airport. And getting our rental car took a lot of time. But the whole New York end of it was easy, just like it is this year.

FEYERICK: OK. Now, Samantha and Julie, you got a half day of school. You're very lucky today. What do you like about flying during Thanksgiving?

SAMANTHA BERENBLUM, TRAVELING TO FLORIDA: Well, I'm happy to see my great grandmother, and I don't get to see her very often. So it's kind of exciting.

FEYERICK: And Julie, what about you? What do you like most about Thanksgiving?

JULIE BERENBLUM, TRAVELING TO FLORIDA: That we get to do -- we get to do special things with my grandma. And I'm excited.

FEYERICK: Great. Well, you guys have a really, really safe flight. Thanks for taking a couple minutes out of your time.

They actually got here so early they're going to get a bite to eat right now. But really, what the girls said is what Thanksgiving is all about. You've got to put up with a couple of headaches so that you can see the people who you love and who you're closest to.

It's a special time, and most people really are saving a lot of time simply by coming early. There is less stress, at least for the most part.

There are a couple of delays. We're seeing it on the departure board. But again, right now, according to Port Authority officials, really the delays range between 15 minutes and an hour, and the airlines are doing their best to try to make up time in the air so that at least they land closer to the time they're supposed to -- Kyra.

PHILLIPS: Well, Deb, I have a feeling great grandma is very excited to see the girls, too.

FEYERICK: You better believe it.

PHILLIPS: Deb Feyerick, at Reagan National, thanks.

Well, passing through security checkpoints at the airports, well, that's becoming more and more personal. While the government says it has every right to conduct increasingly physical searches, Kimberly Osias tells us some travelers believe it's just going too far.

(BEGIN VIDEOTAPE)

KIMBERLY OSIAS, CNN CORRESPONDENT (voice-over): It's done in the name of security, but New York attorney Rhonda Gaynier says she felt violated on a recent trip through the Tampa Airport. A female screener patted her down under her armpit and touched her with an open hand between her breasts.

RHONDA GAYNIER, FLYER: And I was like, "Whoa, what are you doing? You can't do that." And the supervisor, who I had been objecting to, was standing right there. And he said, "Yes, we can."

OSIAS: Gaynier says she felt like a common criminal when she was intimately patted down in full public view.

GAYNIER: I've had the wand thing done before. They, you know, glide it over you. But this time, anytime, you know, the wand beeped, they touched me in that spot.

OSIAS: She's hired an attorney and is considering filing a class action lawsuit. She believes the violation is endemic and under- reported because women feel intimidated. The American Civil Liberties Union agrees and says they've received a growing number of complaints.

JAY STANLEY, ACLU: What we have here is a big problem. We have a security measure that's spun out of control because there aren't proper protects being put in place to protect against that human element.

OSIAS: After two Chechen women smuggled explosives on to Russian planes, the TSA put a new policy in place, calling for more frequent pat-down searches. Screeners now have more latitude and leverage. Based on their visual observation alone, an individual can be searched, even if a detector never sounds.

TOM WILKINS, FED. SECURITY DIRECTOR, LAGUARDIA: The one thing that we try to do is make the process as painless as possible for the traveling public so that we try not to be too intrusive into people's personal business. So we have to be very careful in balancing that.

OSIAS (on camera): TSA does have a protocol in place. Screeners are only supposed to use the backs of their hands when conducting searches on sensitive areas. And as far as grievances are concerned, you can lodge a complaint in writing or ask to speak to a supervisor. Problem is, when you're up against the clock in a stressful airport situation, some people don't want to do that.

Kimberly Osias, CNN Washington.

(END VIDEOTAPE)

PHILLIPS: One of the few security breaches we've heard about this holiday involves a 79-year-old Florida woman. She was arrested yesterday in Fort Lauderdale trying to take a gun on a flight to the Bahamas.

Well, the unloaded single-shot Derringer and seven bullets were kept in a hollowed-out book. The woman says she forgot that she had put the gun in her carry-on bag when she moved recently.

Well, for many of you, it's a soggy start to the holiday. Severe storms in the eastern third of the country causing all sorts of problems. Let's check in with Orelon Sidney at the CNN Weather Center once again -- Orelon.

(WEATHER REPORT)

PHILLIPS: Orelon, thanks so much.

Well, here's your chance to weigh in if you're stuck at the airport and you have your laptop or your Blackberry with you. E-mail us and let us know what you're going through.

Our address: livefrom@cnn.com. We'll read many of them on the air as we continue.

Other news "Across America" right now. A rough night in the Bayou State, where several torontos touched down and damaged a number of areas, including this subdivision near New Orleans. Another twister in central Louisiana killed at least one person and destroyed two homes.

Pennsylvania commuters are gobbling up free rides on the Thanksgiving eve. Turnpike workers went on strike today, prompting the state commission to waive tolls at least for a day. The union says that the "truly regret the inconvenience on travelers."

A California man now stands accused of killing his wife while the two were out cruising on their personal watercraft. He tells police that she died when their Waverunner capsized after getting stuck in the mud, but autopsy results indicate she was suffocated and drowned.

Another chapter in the long-running court fight over O.J. Simpson's assets is being written this week. A memorabilia collector has just been ordered to turn over the media credentials Simpson used during the '84 Olympics. The collector reportedly has said that he has items of substantive value that could be used to help pay the $33 million Simpson still owes from a wrongful death suit. A CNN exclusive: Osama bin Laden's brother-in-law talks with our Nic Robertson about the early days of al Qaeda and what led up to the 9/11 attacks.

Also ahead, a woman caught in an agonizing dilemma when she cannot fulfill her husband's final wishes. We'll have that on LIVE FROM.

(COMMERCIAL BREAK)

PHILLIPS: Live pictures now out of Kiev as much of the world is wondering what will happen next in Ukraine's capital. Just hours ago, the government officially declared that Prime Minister Viktor Yanukovych the winner of Ukraine's runoff presidential election.

Meanwhile, supporters of his western-leaning opponent have flooded the streets here, demanding the results be overturned. Observers suspect fraud.

And just last hour, Secretary of State Colin Powell said the U.S. can not accept the results and urge Ukrainian leaders to act responsibly. Well, we just got word, as a number of demonstrations are also taking place in Washington, D.C., we are now being told the Ukrainian prime minister that has been declared the winner of this disputed election has said that his team would enter into negotiations with the opposition leader, who is continually -- or continuing to protest with those thousands of supporters in the streets of Kiev.

That's a story we continue to follow.

Also, other news "Across America" or across the world, rather. In Afghanistan, an improvised explosive device killed two American soldiers on patrol about 250 miles southwest of Kabul today. A third soldier was wounded. Witnesses say that the troops were traveling across a dry riverbed when their vehicle exploded.

And a grim recovery effort continues in the Philippines, where rescuers are patrolling nearby waters in search of typhoon victims. Two major storms have batter the island chain recently, killing at least 79 people. Dozens of people are still missing.

A Florida judge as upheld the provisions of a terminally ill man's living will that he be taken off life support. That's despite pleas from the man's wife that he be kept alive. The case highlights the agonizing medical decisions that living wills were meant to avoid.

CNN's Eric Philips has the story.

(BEGIN VIDEOTAPE)

ERIC PHILIPS, CNN CORRESPONDENT (voice-over): A judge's ruling upholding a living will means Alice Pinette may have to let go of her husband, 73-year-old Hanford Pinette, something she does not want to do.

ALICE PINETTE, HUSBAND ON LIFE SUPPORT: He is my lifelong partner. We've been married for 52 years.

PHILIPS: He suffered congestive heart failure earlier this year and is on life support at an Orlando hospital. She's convinced he would get period, citing periods of responsiveness when he talks to her and other relatives, and even how much he enjoyed wearing his Korean war cap on Veterans Day less than two weeks ago.

PINETTE: If you take your time and ask him the question, yes, he can tell you yes or no.

PHILIPS: It's why she appeared in court, fighting to keep him on life support. The problem is, back in 1998, he signed a living will saying that in the event he became incapacitated, he did not want to be kept alive by artificial means.

The hospital sought to honor that request, stating in this court petition, "The patient is terminally ill and has no medical probability of recovering from his current condition. He is being kept alive by artificial means, which is contrary to his stated intentions in his living will."

UNIDENTIFIED MALE: The hospital's obligation is to the patient.

PHILIPS: But there was a twist. Mr. Pinette included his wife as the health care surrogate in the living will. Plus, she had power of attorney over medical decisions on her husband's behalf.

His wife says he wants to stay alive. That's why she wouldn't consent to taking him off life support.

PINETTE: To me, that's killing the man, and I cannot do that and live with me.

PHILIPS: Now a judge has made the decision for her, one she cannot appeal.

Eric Philips, CNN, Atlanta.

(END VIDEOTAPE)

PHILLIPS: Millions of people hitting the road or the airport today. And if you're one of them, fire up the laptop and send us an e- mail to let us know if you're stuck somewhere or if it's smooth sailing. The address is livefrom@cnn.com. We'll have some of your responses later in the hour.

RHONDA SCHAFFLER, I'm Rhonda Schaffler in New York. If you've been procrastinating sending out that IRS check, you better watch out. They're getting tough on taxes. I'll tell you what the IRS plans to do coming right up on LIVE FROM.

Don't go away.

(COMMERCIAL BREAK)

PHILLIPS: Well, if you're late on your taxes, you might have more to worry about than Uncle Sam. Rhonda Schaffler joins us live from the New York Stock Exchange to tell us why.

(STOCK MARKET REPORT)

(COMMERCIAL BREAK)

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 November 24, 2004 - 14:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Live pictures from Reagan National Airport. Millions of Americans flying home, but some female passengers are saying security is going a little too far.
CHRIS LAWRENCE, CNN CORRESPONDENT: I'm Chris Lawrence, at a rest stop outside Chicago, Illinois, where travelers are getting their first taste of snow this holiday season.

PHILLIPS: A CNN exclusive, an interview with Osama bin Ladder's brother-in-law. Why he thinks the al Qaeda leader did not organize the 9/11 attacks.

And he was the greatest military conqueror of his day. But does the movie "Alexander" faithfully portray the ancient warrior? We'll retrace the steps of Alexander the Great.

From the CNN Center in Atlanta, I'm Kyra Phillips. Miles O'Brien is off. This hour of CNN's LIVE FROM starts right now.

Take 37 million hearty souls, throw in a major U.S. holiday, tighter airport security, and a few tornadoes, torrential rains and snow, and you get a pretty clear picture of what things are like on the roads and in the skies today. Let's begin our coverage of Thanksgiving eve travel with CNN's Chris Lawrence in the Midwest, where things are getting a little messy.

Hi, Chris.

LAWRENCE: Yes, Kyra, you said it. That bad weather that started a few hours ago, what had been a steady rain, has now turned to snow. This is really the first snow that we're ever seeing so far this season, and it's coming right at the busy holiday time of the year. You know, go figure.

Again, out here on the roads, you can see it's a wintry, kind of a snowy, rainy mix. We're here at one of the rest stops that a lot of people will be going to this time of year just to kind of get out of the weather for a little while. And it will be a lot to people on the road.

AAA estimates that we're going to see 30 million drivers out here on the road so far this year. Kris Lathan from AAA, happy to join us here.

Put that into some sort of perspective for us, 30 million on the road. KRIS LATHAN, AAA: Well, at AAA, we're calling this a milestone for the Thanksgiving holiday. We're seeing a resurgence since September 11 because we haven't seen this many travelers since 2000.

LAWRENCE: And can you -- what about geographically? Are more travelers in one part of the country than another?

LATHAN: Typically, that's how it happens. We tend to break the country up into five geographic regions. We see the vast majority of our travelers originating out of the Southeast, where there are some 8.8 million travelers expected to come out.

Here in our region, in Illinois, we're seeing about 6 million travelers originating. But when you combine Illinois, which is the Great Lakes area, encompasses Michigan and Wisconsin, along with the Midwest, that accounts for some 13 million travelers originating out of the Great Lakes-Midwestern region.

LAWRENCE: All right. Kris Lathan, thank you very much, from AAA.

And they'll be dealing, of course, with all that snow and ice that's forming up out there. As we take another live look outside on the highway, you can see that the rain is now turning to a rainy, snowy mix. The temperature is dropping. And although traffic is fairly light this time of day, it is moving a lot slower than it was even a few hours ago, starting to slow down a little bit.

And we expect that to get slower as the day goes on. Ironically, all those drivers out there, all this travel, we're doing so as we're paying some of the highest gas prices ever for Thanksgiving, $1.97 a gallon on average -- Kyra.

PHILLIPS: All right, Chris. Thanks so much. I'm glad you moved inside. It's a lot warmer.

LAWRENCE: Yes, you said it.

PHILLIPS: Chris Lawrence. All right.

Well, it's crunch time at the nation's airports. The FAA says that there will be more flights today than any other day of the year. CNN's Deborah Feyerick is monitoring the crowds at LaGuardia in New York.

All right, Deb. Is it still calm, or has it gotten a little more chaotic?

DEBORAH FEYERICK, CNN CORRESPONDENT: Well, Kyra, it's definitely still calm, but it's getting a little bit noisier. Many people worked half a day and then took the rest off so that they could travel.

This morning it sort of felt like a honeymoon, a lot of people here at the airport. But most of them basically getting their tickets very quickly and going through the screening procedure to get to their gates. We only saw about a dozen people sprinting for their gate. That's different than in past years, when usually one out of every three people appeared to be doing a dash to the gate.

Now, we're with -- we're joined by Peggy and Julie and Samantha Berenblum, who are traveling.

What surprised you the most about coming to this airport?

PEGGY BERENBLUM, TRAVELING TO FLORIDA: The ease with -- with which we've traveled so far. There was no traffic coming from Connecticut to LaGuardia. There was no-hassle parking. There were no lines to check in.

Our plane so far is on time. So, so far, it's easy and quick, and no hassle and no security problems so far.

FEYERICK: Now, you guys are all headed to Fort Lauderdale. You did this trip last year. How does this year compare to that?

BERENBLUM: As smooth as it was last year. Last year we flew into Miami. The only issue last year was on the Miami end.

So once we got to Miami, there was -- it was a zoo in the airport. And getting our rental car took a lot of time. But the whole New York end of it was easy, just like it is this year.

FEYERICK: OK. Now, Samantha and Julie, you got a half day of school. You're very lucky today. What do you like about flying during Thanksgiving?

SAMANTHA BERENBLUM, TRAVELING TO FLORIDA: Well, I'm happy to see my great grandmother, and I don't get to see her very often. So it's kind of exciting.

FEYERICK: And Julie, what about you? What do you like most about Thanksgiving?

JULIE BERENBLUM, TRAVELING TO FLORIDA: That we get to do -- we get to do special things with my grandma. And I'm excited.

FEYERICK: Great. Well, you guys have a really, really safe flight. Thanks for taking a couple minutes out of your time.

They actually got here so early they're going to get a bite to eat right now. But really, what the girls said is what Thanksgiving is all about. You've got to put up with a couple of headaches so that you can see the people who you love and who you're closest to.

It's a special time, and most people really are saving a lot of time simply by coming early. There is less stress, at least for the most part.

There are a couple of delays. We're seeing it on the departure board. But again, right now, according to Port Authority officials, really the delays range between 15 minutes and an hour, and the airlines are doing their best to try to make up time in the air so that at least they land closer to the time they're supposed to -- Kyra.

PHILLIPS: Well, Deb, I have a feeling great grandma is very excited to see the girls, too.

FEYERICK: You better believe it.

PHILLIPS: Deb Feyerick, at Reagan National, thanks.

Well, passing through security checkpoints at the airports, well, that's becoming more and more personal. While the government says it has every right to conduct increasingly physical searches, Kimberly Osias tells us some travelers believe it's just going too far.

(BEGIN VIDEOTAPE)

KIMBERLY OSIAS, CNN CORRESPONDENT (voice-over): It's done in the name of security, but New York attorney Rhonda Gaynier says she felt violated on a recent trip through the Tampa Airport. A female screener patted her down under her armpit and touched her with an open hand between her breasts.

RHONDA GAYNIER, FLYER: And I was like, "Whoa, what are you doing? You can't do that." And the supervisor, who I had been objecting to, was standing right there. And he said, "Yes, we can."

OSIAS: Gaynier says she felt like a common criminal when she was intimately patted down in full public view.

GAYNIER: I've had the wand thing done before. They, you know, glide it over you. But this time, anytime, you know, the wand beeped, they touched me in that spot.

OSIAS: She's hired an attorney and is considering filing a class action lawsuit. She believes the violation is endemic and under- reported because women feel intimidated. The American Civil Liberties Union agrees and says they've received a growing number of complaints.

JAY STANLEY, ACLU: What we have here is a big problem. We have a security measure that's spun out of control because there aren't proper protects being put in place to protect against that human element.

OSIAS: After two Chechen women smuggled explosives on to Russian planes, the TSA put a new policy in place, calling for more frequent pat-down searches. Screeners now have more latitude and leverage. Based on their visual observation alone, an individual can be searched, even if a detector never sounds.

TOM WILKINS, FED. SECURITY DIRECTOR, LAGUARDIA: The one thing that we try to do is make the process as painless as possible for the traveling public so that we try not to be too intrusive into people's personal business. So we have to be very careful in balancing that.

OSIAS (on camera): TSA does have a protocol in place. Screeners are only supposed to use the backs of their hands when conducting searches on sensitive areas. And as far as grievances are concerned, you can lodge a complaint in writing or ask to speak to a supervisor. Problem is, when you're up against the clock in a stressful airport situation, some people don't want to do that.

Kimberly Osias, CNN Washington.

(END VIDEOTAPE)

PHILLIPS: One of the few security breaches we've heard about this holiday involves a 79-year-old Florida woman. She was arrested yesterday in Fort Lauderdale trying to take a gun on a flight to the Bahamas.

Well, the unloaded single-shot Derringer and seven bullets were kept in a hollowed-out book. The woman says she forgot that she had put the gun in her carry-on bag when she moved recently.

Well, for many of you, it's a soggy start to the holiday. Severe storms in the eastern third of the country causing all sorts of problems. Let's check in with Orelon Sidney at the CNN Weather Center once again -- Orelon.

(WEATHER REPORT)

PHILLIPS: Orelon, thanks so much.

Well, here's your chance to weigh in if you're stuck at the airport and you have your laptop or your Blackberry with you. E-mail us and let us know what you're going through.

Our address: livefrom@cnn.com. We'll read many of them on the air as we continue.

Other news "Across America" right now. A rough night in the Bayou State, where several torontos touched down and damaged a number of areas, including this subdivision near New Orleans. Another twister in central Louisiana killed at least one person and destroyed two homes.

Pennsylvania commuters are gobbling up free rides on the Thanksgiving eve. Turnpike workers went on strike today, prompting the state commission to waive tolls at least for a day. The union says that the "truly regret the inconvenience on travelers."

A California man now stands accused of killing his wife while the two were out cruising on their personal watercraft. He tells police that she died when their Waverunner capsized after getting stuck in the mud, but autopsy results indicate she was suffocated and drowned.

Another chapter in the long-running court fight over O.J. Simpson's assets is being written this week. A memorabilia collector has just been ordered to turn over the media credentials Simpson used during the '84 Olympics. The collector reportedly has said that he has items of substantive value that could be used to help pay the $33 million Simpson still owes from a wrongful death suit. A CNN exclusive: Osama bin Laden's brother-in-law talks with our Nic Robertson about the early days of al Qaeda and what led up to the 9/11 attacks.

Also ahead, a woman caught in an agonizing dilemma when she cannot fulfill her husband's final wishes. We'll have that on LIVE FROM.

(COMMERCIAL BREAK)

PHILLIPS: Live pictures now out of Kiev as much of the world is wondering what will happen next in Ukraine's capital. Just hours ago, the government officially declared that Prime Minister Viktor Yanukovych the winner of Ukraine's runoff presidential election.

Meanwhile, supporters of his western-leaning opponent have flooded the streets here, demanding the results be overturned. Observers suspect fraud.

And just last hour, Secretary of State Colin Powell said the U.S. can not accept the results and urge Ukrainian leaders to act responsibly. Well, we just got word, as a number of demonstrations are also taking place in Washington, D.C., we are now being told the Ukrainian prime minister that has been declared the winner of this disputed election has said that his team would enter into negotiations with the opposition leader, who is continually -- or continuing to protest with those thousands of supporters in the streets of Kiev.

That's a story we continue to follow.

Also, other news "Across America" or across the world, rather. In Afghanistan, an improvised explosive device killed two American soldiers on patrol about 250 miles southwest of Kabul today. A third soldier was wounded. Witnesses say that the troops were traveling across a dry riverbed when their vehicle exploded.

And a grim recovery effort continues in the Philippines, where rescuers are patrolling nearby waters in search of typhoon victims. Two major storms have batter the island chain recently, killing at least 79 people. Dozens of people are still missing.

A Florida judge as upheld the provisions of a terminally ill man's living will that he be taken off life support. That's despite pleas from the man's wife that he be kept alive. The case highlights the agonizing medical decisions that living wills were meant to avoid.

CNN's Eric Philips has the story.

(BEGIN VIDEOTAPE)

ERIC PHILIPS, CNN CORRESPONDENT (voice-over): A judge's ruling upholding a living will means Alice Pinette may have to let go of her husband, 73-year-old Hanford Pinette, something she does not want to do.

ALICE PINETTE, HUSBAND ON LIFE SUPPORT: He is my lifelong partner. We've been married for 52 years.

PHILIPS: He suffered congestive heart failure earlier this year and is on life support at an Orlando hospital. She's convinced he would get period, citing periods of responsiveness when he talks to her and other relatives, and even how much he enjoyed wearing his Korean war cap on Veterans Day less than two weeks ago.

PINETTE: If you take your time and ask him the question, yes, he can tell you yes or no.

PHILIPS: It's why she appeared in court, fighting to keep him on life support. The problem is, back in 1998, he signed a living will saying that in the event he became incapacitated, he did not want to be kept alive by artificial means.

The hospital sought to honor that request, stating in this court petition, "The patient is terminally ill and has no medical probability of recovering from his current condition. He is being kept alive by artificial means, which is contrary to his stated intentions in his living will."

UNIDENTIFIED MALE: The hospital's obligation is to the patient.

PHILIPS: But there was a twist. Mr. Pinette included his wife as the health care surrogate in the living will. Plus, she had power of attorney over medical decisions on her husband's behalf.

His wife says he wants to stay alive. That's why she wouldn't consent to taking him off life support.

PINETTE: To me, that's killing the man, and I cannot do that and live with me.

PHILIPS: Now a judge has made the decision for her, one she cannot appeal.

Eric Philips, CNN, Atlanta.

(END VIDEOTAPE)

PHILLIPS: Millions of people hitting the road or the airport today. And if you're one of them, fire up the laptop and send us an e- mail to let us know if you're stuck somewhere or if it's smooth sailing. The address is livefrom@cnn.com. We'll have some of your responses later in the hour.

RHONDA SCHAFFLER, I'm Rhonda Schaffler in New York. If you've been procrastinating sending out that IRS check, you better watch out. They're getting tough on taxes. I'll tell you what the IRS plans to do coming right up on LIVE FROM.

Don't go away.

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PHILLIPS: Well, if you're late on your taxes, you might have more to worry about than Uncle Sam. Rhonda Schaffler joins us live from the New York Stock Exchange to tell us why.

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