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Countdown to Third Debate; Controversial Documentary to Air Before Election; Ten Commandments Case Taken by High Court
Aired October 12, 2004 - 11:00 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.
DARYN KAGAN, CNN ANCHOR: And here's a look at what is happening "Now in the News."
Democrats accusing a broadcast company of trying to pedal what they call pro-Bush propaganda. The party objects to plans by Sinclair Broadcast Group to air anti-Kerry documentary on its 62 television stations. The Democratic National Committee plans to file a complaint with the Federal Elections Commission.
Mount St. Helens is steaming things up again today. Scientists think the steady emissions of steam are signs that molten rock is close to the surface of the volcano. They believe it could erupt at some point. They don't expect the blast as big as the 1980 eruption.
A U.N. watchdog agency is raising concerns about equipment missing from Iraq's nuclear facilities. According to the International Atomic Energy Agency, machinery that could be used in a nuclear weapons program has been disappearing since the U.S.-led invasion. A spokesman says the agency is concerned the equipment could fall into the wrong hands.
The Supreme Court steps into the separation of church and state debate. The court said today it will consider two cases involving the Ten Commandment displays on government property. The high court will hear the cases from Kentucky and Texas early next year.
Keeping you informed, CNN, the most trusted name in news.
It is 11:00 a.m. on the East Coast. Actually, just a minute past. And just past 8:00 a.m. on the West.
From CNN Center in Atlanta, good morning once again. I'm Daryn Kagan.
Up first, the countdown. Exactly three weeks from today, it will be the 2004 presidential election. A new CNN-"USA Today"-Gallup poll shows the candidates in a statistical dead heat, with just 21 days left in the campaign. So let's check on what the two candidates are doing.
Democrat John Kerry taking a break from the campaign trail today, getting ready for tomorrow night's debate. Kerry is in New Mexico this morning and throughout the day.
President Bush holds a rally this hour in Colorado Springs. Later, the president travels to Arizona for a Republican fund-raiser in the Phoenix area and the debate tomorrow night in Tempe.
As the campaign calendar winds down, the political rhetoric is heating up. President Bush continues to hammer away at John Kerry over the war on terror. Our White House correspondent, Dana Bash, begins our political coverage this hour. We find her in Colorado Springs, Colorado.
Good morning.
DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Good morning, Daryn.
And, you know, the Bush campaign strategy for this week was to really try to focus on domestic issues leading into tomorrow night's debate, which, of course, will be the focus there. That will be domestic issues.
But as you mentioned, there certainly was a lot of talk from President Bush, from the vice president, an ad that the campaign put out on the war on terror because, simply, Bush aides say that they couldn't pass up what they saw as a political gift, which were, of course, comments from John Kerry suggesting that the war on terror should be brought to the level of a nuisance. That, they said, means that John Kerry is week when it comes to the war on terror. But what Bush campaign aides say that they're going to do today is to try to refocus their plan, which is on domestic issues. And specifically, the message of the day, we are told, is going to be on health care.
The president talked a little bit about that yesterday in Colorado, at Red Rock. He talked about the mantra for domestic issues on John Kerry, which is that he is a mainstream -- out-of-the- mainstream liberal who favors big government policies.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The facts are that eight out of 10 people who get health care under Senator Kerry's plan would be placed on a government program.
(BOOING)
BUSH: He can run, but he cannot hide.
(APPLAUSE)
(END VIDEO CLIP)
BASH: Now, Bush aides see the same polls that we all see...
KAGAN: Well, we will have to try to find Dana Bash a little bit later from Colorado Springs. Just like that, instant -- Dana, I make a wish and you appear. So your thought was?
BASH: Are you there?
KAGAN: Yes, I'm here. And, more importantly, you're here as well. BASH: OK. OK. Well, I was just saying that what the Bush campaign sees, Daryn, the same polls we all see, that John Kerry really has a lead on most of the domestic issues that will be the subject of the debate tomorrow night, even on health care.
Our latest poll that came out yesterday shows that John Kerry has a 19 percent lead. So they are certainly trying to step it up, trying to hit Senator Kerry on his record. That's what we're going to see tomorrow night.
And I should also mention that it is noteworthy that the president is in Colorado for two days campaigning, because it's a state that he won handily last time. But polls show, at least CNN's latest polls show, that it's neck and neck here in Colorado.
KAGAN: Well, and as we show a live picture from the airport there in Colorado Springs, a little plug for a segment we're doing later. An interesting situation in Colorado. This Amendment 36, where they're talking about splitting the electoral votes, that must have the attention of the Bush campaign.
BASH: It sure does, because if you look at what happened last time around with -- then there were eight electoral votes in Colorado, now there are nine -- but if the -- those votes were split, Al Gore would have gotten three electoral votes and he would have had the White House. So certainly there aren't very many electoral votes they're talking about in Colorado, but with it being as close as most people think it might be, that could make a difference if the electoral votes are actually split.
KAGAN: Yes. Fascinating proposal that will be on the ballot on November 2. And we're going to have a debate on that a little bit later this hour.
Dana, thank you.
As for John Kerry, he is staying out of the spotlight today. But he is sharpening his attacks on President Bush over domestic issues in preparation for tomorrow night's debate. Our Ed Henry on the campaign trail in Santa Fe, New Mexico.
Ed, good morning again.
ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: Good morning again, Daryn.
That's right. John Kerry is just down the street from us, he's gearing up for tomorrow night's big showdown. He's keeping a low profile, no public event.
He's been behind closed doors with aides. And people who have been behind closed doors with him say that John Kerry is very loose, very confident. He thinks he's won the first two debates, he thinks he can win the third one as well.
Vice President Cheney, again, in addition to what Dana was just saying about the president about to speak, Vice President Cheney, this morning, again, hit John Kerry over that nuisance comment. And what Kerry -- while Kerry himself is not commenting, Kerry aides are saying this comment is being taken out of context, that, in fact, if you look at the public record, John Kerry over and over again has said that he will kill the terrorists, that he does want to win the war. And, in fact, they say that Brent Scowcroft, the National Security Council leader from the first Bush administration, the national security adviser, he used the same word a couple of years ago, "nuisance," to describe bringing the level of threat from terrorists down.
Now, Kerry himself is focusing on domestic issues. He's boning up on domestic issues behind closed doors to get ready for this debate. That will be the focus of the debate.
Also, yesterday, Kerry was testing out some lines for this debate, really focusing on energy policy, beating up on the president for rising gas prices, but also he used that to pivot into a broader indictment of the president's record here at home.
KAGAN: All right. Ed Henry in Santa Fe. Thank you for that.
Tomorrow night, you're going to get another chance to see the president and senator face off. Our prime-time coverage of the final debate begins at 7:00 p.m. Eastern.
And tune into CNN's "LARRY KING LIVE" tonight for an interview with first lady Laura Bush on the eve of the debate. That's at 9:00 p.m. Eastern, 6:00 Pacific.
The Democratic Party is protesting a broadcaster's plan to air what it is describing as an anti-Kerry documentary on its 62 television stations. They say the film is pro-Bush propaganda and not news, and they're taking their complaint to the Federal Elections Commission.
Howard Kurtz of CNN's "RELIABLE SOURCES" has details.
(BEGIN VIDEOTAPE)
HOWARD KURTZ, HOST, "RELIABLE SOURCES" (voice-over): There are two sides to the John Kerry Vietnam story. Supporters highlight the combat heroism that won him a slew of medals. Detractors question the circumstances of some of those declarations and focus on Kerry's rhetoric as an anti-war activist when he returned home.
UNIDENTIFIED FEMALE: Accused all Vietnam veterans of unspeakable horrors.
KURTZ: In the days before the election, Sinclair Broadcasting will be showing only one side. The company has ordered its 62 stations, from Baltimore to Sacramento, to air the anti-Kerry film "Stolen Honor." It's made by former "Washington Times" reporter and decorated Vietnam veteran Carlton Sherwood. And it argues that with his anti-war testimony in 1971, Kerry was branding all American soldiers as baby killers, war criminals, and deranged, drug-addicted psychopaths. Sinclair doesn't hide its conservative bent. Ninety-seven percent of the money that company executives have contributed in this campaign have gone to Republicans. Last spring, Sinclair took on "Nightline," refusing to air a program in which Ted Koppel read the names of all the U.S. soldiers killed in Iraq. Sinclair accused Koppel of pushing an anti-war agenda. He said he was simply showing the human cost of war.
Kerry spokesman David Wade calls Sinclair's decision to trumpet "Stolen Honor" a smear and a form of yellow journalism. A Sinclair vice president told "The Washington Post" that the film tells a "powerful story," and that the broadcast networks "are acting like Holocaust deniers about Kerry's past."
But even if the movie is newsworthy, airing only a one-sided attack on Kerry would be like the networks deciding that the end of October would be the ideal time to run Michael Moore's anti-Bush film "Fahrenheit 9/11."
(on camera): In the final days of a presidential campaign, media organizations generally try to avoid what in football would be called a late hit. Sinclair Broadcasting, apparently playing a different game, has decided to hit John Kerry hard. Now the Democratic National Committee is hitting back, announcing a complaint with the FEC that accuses Sinclair of making an in-kind contribution to the Bush campaign.
Howard Kurtz, CNN's "RELIABLE SOURCES."
(END VIDEOTAPE)
KAGAN: Representatives from Sinclair, as well as the Democratic Party, talked about the film on CNN's "AMERICAN MORNING."
(BEGIN VIDEO CLIP)
MARK HYMAN, SINCLAIR BROADCASTING: This is definitely a newsworthy event. These -- these Vietnam prisoners of war had suffered horrific abuse and unspeakable torture for many years. And they've -- most of them maintained silence for 31 years and felt the need to respond to claims made by John Kerry.
They've only recently come forward. And as you may know, they've approached the broadcast networks who all said we're not interested in speaking to you folks. Nobody has earned a right to speak on the Vietnam experience more so than these men.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
TERRY MCAULIFFE, DNC CHAIRMAN: The documentary is done by a disgraced journalist who got in trouble for lying about the Vietnam Wall when it was built. This is a man who worked at the "Washington Times" and then ran -- did a book on Reverend Sun Myung Moon. This is a guy who has no experience in doing this. This was not done for commercial or education purposes. This is clear partisan attack on Senator Kerry.
(END VIDEO CLIP)
KAGAN: Sinclair stations reach about a quarter of the American households. Fourteen Sinclair stations are available to voters in critical battleground states.
The Supreme Court announced this morning it will tackle a sensitive religious and political issue, the Ten Commandments in government buildings and on government land. Our national correspondent, Bob Franken, joins us now with more on that.
Bob, hello.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Hello. And what is so notable about this is that, since 1980, the Supreme Court has tried to stay away from Supreme Court cases. In 1980, the justices ruled that the Ten Commandments could not be posted on classroom walls. But since then, there's been a huge amount of confusion in the lower courts. And so now the court is doing one of its fundamental things, and that is to try to clear up the confusion.
The two cases had opposite results. The Texas case that ruled against the person who tried to get the Ten Commandments monument removed from the statehouse grounds in Austin. Then there's another case, a Kentucky case, where an appeals court ruled that the Ten Commandments could not be posted on a Pulaski County courthouse wall.
And, of course, there was the one that the justices refused to take on the first day of this term, on October 4, when they refused to take the highly-celebrated argument between the former Alabama chief justice, Ray Moore, who was removed from office because he had insisted on leaving a Ten Commandments monument there.
Now, it is inevitable that somebody is going to ask about the political consequences of this, Daryn. I think the best way to describe it is use a variation on a phrase. As far as the Ten Commandments are concerned, the justices can rule because they can't hide.
KAGAN: OK, clever. Now looking toward tomorrow night and the debate, you've got to figure this one's going to come up.
FRANKEN: Well, it's an issue that raises a lot of feelings about people on both sides of the political divide. It is three weeks before the election. Once again, the Ten Commandments ruling -- rulings are in the news. That's just going to be something that's going to rally the troops on both sides of the question of whether there should be more of a separation between church and state.
KAGAN: Bob Franken in our D.C. bureau. Thank you.
U.S. warplanes hit Falluja hard. The damage is massive as they target reported insurgent hideouts. The details are coming up next.
Also, children caught in the crossfire in Gaza. Now one Israeli commanding officer is accused of an unspeakable crime.
And it's a proposal that could change the race for the White House. A plan to divide the electoral votes in one hotly-contested state. Both sides of that issue coming up.
(COMMERCIAL BREAK)
KAGAN: CNN getting word that U.S. bombs fell on a restaurant and a house in Falluja, Iraq, today. The U.S. says both were meeting places for terrorist followers of Abu Musab al-Zarqawi, the al Qaeda- linked insurgent. Hospital sources say the attacks left at least four people dead.
And in the town of Ramadi, Iraqi security forces, backed by U.S. troops, raided seven mosques. They say the mosques were hiding places for insurgents and their weapons. The U.S. says that mosques are granted protective status unless they are being used for military purposes.
Israel's military crackdown in Gaza enters its third week today. Around 100 Palestinians have been killed; many of the dead are children. CNN's Guy Raz has the story of one young victim.
(BEGIN VIDEOTAPE)
GUY RAZ, CNN CORRESPONDENT (voice-over): The lonely corner desk of a young girl. Just days ago, Iman al-Hams sat here with homework.
HWAYDA AL-HAMS, IMAN'S MOTHER (through translator): She was just 13. She went to school like a regular little girl. And she filled my life with joy.
RAZ: Two weeks of Israeli military operations in Gaza have made this simple act of going to school a harrowing journey. Iman al-Hams made that journey for the last time on Tuesday.
AL-HAMS (through translator): She was on her way to school. There was a lot of shooting that morning. And when she was first hit, she became hysterical. Instead of running back home, she ran towards the soldiers.
RAZ: The Israeli army initially said soldiers suspected young Iman was carrying a bomb in her school bag. The army says normal rules of engagement were followed.
The case was closed. But Iman had been hit by 20 bullets, a fact that raised questions and prompted two soldiers who witnessed the incident to contact the Israeli newspaper (UNINTELLIGIBLE). In conversations with reporter Yossi Oshua (ph), the soldiers encountered a grisly tale. Their voices had been disguised.
"I was sure she was 12 or maybe younger. I reported it over the two-way radio. Shots were fired, Iman fell to the ground." "Then our commander shot her twice. He made sure she was dead. And then I don't know why, but he decided to turn back towards her body and unloaded a round of bullets into it. This was the most revolting thing I have ever seen as a soldier."
(on camera): The reports prompted the Israeli army to launch a criminal investigation into the conduct of the commanding officer.
(voice-over): In a statement, the army said, "The Israeli defense forces recognize the gravity of the incident, and the allegations raised require a full investigation." Israel says its latest incursion into Gaza, now in its third week, was designed to end rocket attacks on Israeli towns. But one of the outcomes has been the death of nearly 30 children, including Iman al-Hams.
AL-HAMS (through translator): She filled this house. She filled our lives with joy. And her death has left us with a great feeling of emptiness.
RAZ: An empty room, a life abruptly ended.
(END VIDEOTAPE)
RAZ: And Daryn, just as we finished putting this report together, we received word of another young casualty also in Gaza. This time, a 10-year-old girl who was critically wounded when she was shot in the chest just outside of her school.
Now, according to eyewitnesses, she was shot by Israeli soldiers. The Israeli army is saying that a nearby military outpost did come under fire when soldiers returned fire. And they said they will investigate this latest incident as well -- Daryn.
KAGAN: Yes. And in the interest of fairness, Guy, we should point out that this latest incursion began when the Israelis say that a Palestinian rocket was launched into Israel and two Israeli children were killed. So there definitely are casualties and tragedy on both sides of the difficult situation.
But getting back to the main point of your piece, is it unusual for the idea to launch these types of investigations?
RAZ: Daryn, it's not unusual at all for the Israeli army to launch these types of investigations, particularly when civilian casualties are involved. But what makes this case particularly unusual is that it is a criminal investigation.
And in the past, Daryn, when Israeli soldiers have been investigated, they've rarely been court-martialed for alleged offenses carried out in the field. And like in the U.S. military, the Israeli army carries out these investigations within the chain of command. So, in other words, these are not entirely independent investigations.
Now, in this particular case, in the case of young Iman al-Hams, there's already conflicting information coming out. We heard the testimony from those soldiers who witnessed the event, but the commanding officer at the center of these allegations is disputing the claims, essentially saying these soldiers are carrying out a personal vendetta against him -- Daryn.
KAGAN: Guy Raz in Jerusalem. Thank you.
It has the potential to change the course of history, an amendment that would divide the electoral votes of a hotly-contested state. The pros and the cons coming up.
(COMMERCIAL BREAK)
KAGAN: You want to keep an eye on Colorado. Now, listen to this.
There's a thing on the ballot called Amendment 36. It would replace the state's winner take all electoral system. Instead, candidates would get a share of the electorals based on the popular vote. It would take effect immediately if it passes on November 2.
Polls show that the presidential candidates are running about even in Colorado. And that means that is nine electoral votes would likely be split 5-4. Now, that could have been enough in 2000 to make Al Gore president.
Our guests are on both sides of the issue. Katy Atkinson is the campaign director Coloradans Against a Really Stupid Idea.
Katy, I've just got to say, whether you believe with your side or not, that's the most clever name I've heard in this entire season.
KATY ATKINSON, DIRECTOR, COLORADANS AGAINST A REALLY STUPID IDEA: Thank you.
KAGAN: Julie Brown is with Make Your Vote Count. And they join us from Denver this morning.
Ladies, good morning.
JULIE BROWN, MAKE YOUR VOTE COUNT: Good morning.
KAGAN: All right. Julie, let's start with you. Make your case for a "yes" vote on Amendment 36.
BROWN: Well, we believe Amendment 36 is a much fairer and more accurate way to divide our electoral votes. The current winner-take- all system basically disenfranchises 49.9 percent of the voters in Colorado.
We believe that a proportional method base on the statewide popular vote gives people more power. It puts -- gives their vote more impact. And the people don't understand why we even have electoral college or why we're throwing out votes.
KAGAN: Yes. Well, that's a civic lesson that we'll have to attack on another day. I want to bring Katy in here.
Katy, don't you want your vote to count? You know, this could go the other way as well.
ATKINSON: Well, my vote does count. And all Coloradans votes count under the current system.
I think what we're looking at with Amendment 36 is a proposal that will make sure that every Colorado vote counts for less than it does today. It will be the first election where we have a consolation prize. We're used to the system where the person who gets the majority of votes wins the election. And...
KAGAN: Right. Now, a couple of other states do this. Nebraska and Maine, they have a system that's somewhat like it.
ATKINSON: It's not really. It's -- the system in Nebraska and Maine awards electoral votes based on congressional districts. So you actually have to win the geographic area in order...
KAGAN: Would that work for you?
ATKINSON: Probably not. And let me -- let me back up just a little bit on this.
KAGAN: OK.
ATKINSON: What makes this usual is, first of all, it's retroactive. It applies to this year's election. And the word "retroactive" is actually in the language of the amendment.
Secondly, this is not something that's had its genesis in Colorado. This was brought to us by -- from California by an organization -- at least the checks are being sent from California. You know, it's not something that Coloradans were clamoring to do.
We're a small state. And dividing our electoral college votes is just a prescription for electoral suicide.
KAGAN: Julie, let's bring you back in here. Nothing gets the heckles up in Colorado than saying that something came from California.
BROWN: That's right.
KAGAN: What about the idea that...
BROWN: Well, I'd like to correct...
KAGAN: ... this is an outsider really just trying to undo the electoral college across the country?
BROWN: This is actually not true. This movement actually started in 2001 with state Senator Ron Tupa's bill, which would have divided Colorado's electoral votes similar to the way Maine and Nebraska would do it under the congressional district method.
That bill was passed in the Senate, and it was killed in a committee in the House. So what happened was we went and looked at this and thought that the only way to do this was take it through the initiative process.
In between that time, we had a big redistricting battle out here, and it was determined that...
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Aired October 12, 2004 - 11:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: And here's a look at what is happening "Now in the News."
Democrats accusing a broadcast company of trying to pedal what they call pro-Bush propaganda. The party objects to plans by Sinclair Broadcast Group to air anti-Kerry documentary on its 62 television stations. The Democratic National Committee plans to file a complaint with the Federal Elections Commission.
Mount St. Helens is steaming things up again today. Scientists think the steady emissions of steam are signs that molten rock is close to the surface of the volcano. They believe it could erupt at some point. They don't expect the blast as big as the 1980 eruption.
A U.N. watchdog agency is raising concerns about equipment missing from Iraq's nuclear facilities. According to the International Atomic Energy Agency, machinery that could be used in a nuclear weapons program has been disappearing since the U.S.-led invasion. A spokesman says the agency is concerned the equipment could fall into the wrong hands.
The Supreme Court steps into the separation of church and state debate. The court said today it will consider two cases involving the Ten Commandment displays on government property. The high court will hear the cases from Kentucky and Texas early next year.
Keeping you informed, CNN, the most trusted name in news.
It is 11:00 a.m. on the East Coast. Actually, just a minute past. And just past 8:00 a.m. on the West.
From CNN Center in Atlanta, good morning once again. I'm Daryn Kagan.
Up first, the countdown. Exactly three weeks from today, it will be the 2004 presidential election. A new CNN-"USA Today"-Gallup poll shows the candidates in a statistical dead heat, with just 21 days left in the campaign. So let's check on what the two candidates are doing.
Democrat John Kerry taking a break from the campaign trail today, getting ready for tomorrow night's debate. Kerry is in New Mexico this morning and throughout the day.
President Bush holds a rally this hour in Colorado Springs. Later, the president travels to Arizona for a Republican fund-raiser in the Phoenix area and the debate tomorrow night in Tempe.
As the campaign calendar winds down, the political rhetoric is heating up. President Bush continues to hammer away at John Kerry over the war on terror. Our White House correspondent, Dana Bash, begins our political coverage this hour. We find her in Colorado Springs, Colorado.
Good morning.
DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Good morning, Daryn.
And, you know, the Bush campaign strategy for this week was to really try to focus on domestic issues leading into tomorrow night's debate, which, of course, will be the focus there. That will be domestic issues.
But as you mentioned, there certainly was a lot of talk from President Bush, from the vice president, an ad that the campaign put out on the war on terror because, simply, Bush aides say that they couldn't pass up what they saw as a political gift, which were, of course, comments from John Kerry suggesting that the war on terror should be brought to the level of a nuisance. That, they said, means that John Kerry is week when it comes to the war on terror. But what Bush campaign aides say that they're going to do today is to try to refocus their plan, which is on domestic issues. And specifically, the message of the day, we are told, is going to be on health care.
The president talked a little bit about that yesterday in Colorado, at Red Rock. He talked about the mantra for domestic issues on John Kerry, which is that he is a mainstream -- out-of-the- mainstream liberal who favors big government policies.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The facts are that eight out of 10 people who get health care under Senator Kerry's plan would be placed on a government program.
(BOOING)
BUSH: He can run, but he cannot hide.
(APPLAUSE)
(END VIDEO CLIP)
BASH: Now, Bush aides see the same polls that we all see...
KAGAN: Well, we will have to try to find Dana Bash a little bit later from Colorado Springs. Just like that, instant -- Dana, I make a wish and you appear. So your thought was?
BASH: Are you there?
KAGAN: Yes, I'm here. And, more importantly, you're here as well. BASH: OK. OK. Well, I was just saying that what the Bush campaign sees, Daryn, the same polls we all see, that John Kerry really has a lead on most of the domestic issues that will be the subject of the debate tomorrow night, even on health care.
Our latest poll that came out yesterday shows that John Kerry has a 19 percent lead. So they are certainly trying to step it up, trying to hit Senator Kerry on his record. That's what we're going to see tomorrow night.
And I should also mention that it is noteworthy that the president is in Colorado for two days campaigning, because it's a state that he won handily last time. But polls show, at least CNN's latest polls show, that it's neck and neck here in Colorado.
KAGAN: Well, and as we show a live picture from the airport there in Colorado Springs, a little plug for a segment we're doing later. An interesting situation in Colorado. This Amendment 36, where they're talking about splitting the electoral votes, that must have the attention of the Bush campaign.
BASH: It sure does, because if you look at what happened last time around with -- then there were eight electoral votes in Colorado, now there are nine -- but if the -- those votes were split, Al Gore would have gotten three electoral votes and he would have had the White House. So certainly there aren't very many electoral votes they're talking about in Colorado, but with it being as close as most people think it might be, that could make a difference if the electoral votes are actually split.
KAGAN: Yes. Fascinating proposal that will be on the ballot on November 2. And we're going to have a debate on that a little bit later this hour.
Dana, thank you.
As for John Kerry, he is staying out of the spotlight today. But he is sharpening his attacks on President Bush over domestic issues in preparation for tomorrow night's debate. Our Ed Henry on the campaign trail in Santa Fe, New Mexico.
Ed, good morning again.
ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: Good morning again, Daryn.
That's right. John Kerry is just down the street from us, he's gearing up for tomorrow night's big showdown. He's keeping a low profile, no public event.
He's been behind closed doors with aides. And people who have been behind closed doors with him say that John Kerry is very loose, very confident. He thinks he's won the first two debates, he thinks he can win the third one as well.
Vice President Cheney, again, in addition to what Dana was just saying about the president about to speak, Vice President Cheney, this morning, again, hit John Kerry over that nuisance comment. And what Kerry -- while Kerry himself is not commenting, Kerry aides are saying this comment is being taken out of context, that, in fact, if you look at the public record, John Kerry over and over again has said that he will kill the terrorists, that he does want to win the war. And, in fact, they say that Brent Scowcroft, the National Security Council leader from the first Bush administration, the national security adviser, he used the same word a couple of years ago, "nuisance," to describe bringing the level of threat from terrorists down.
Now, Kerry himself is focusing on domestic issues. He's boning up on domestic issues behind closed doors to get ready for this debate. That will be the focus of the debate.
Also, yesterday, Kerry was testing out some lines for this debate, really focusing on energy policy, beating up on the president for rising gas prices, but also he used that to pivot into a broader indictment of the president's record here at home.
KAGAN: All right. Ed Henry in Santa Fe. Thank you for that.
Tomorrow night, you're going to get another chance to see the president and senator face off. Our prime-time coverage of the final debate begins at 7:00 p.m. Eastern.
And tune into CNN's "LARRY KING LIVE" tonight for an interview with first lady Laura Bush on the eve of the debate. That's at 9:00 p.m. Eastern, 6:00 Pacific.
The Democratic Party is protesting a broadcaster's plan to air what it is describing as an anti-Kerry documentary on its 62 television stations. They say the film is pro-Bush propaganda and not news, and they're taking their complaint to the Federal Elections Commission.
Howard Kurtz of CNN's "RELIABLE SOURCES" has details.
(BEGIN VIDEOTAPE)
HOWARD KURTZ, HOST, "RELIABLE SOURCES" (voice-over): There are two sides to the John Kerry Vietnam story. Supporters highlight the combat heroism that won him a slew of medals. Detractors question the circumstances of some of those declarations and focus on Kerry's rhetoric as an anti-war activist when he returned home.
UNIDENTIFIED FEMALE: Accused all Vietnam veterans of unspeakable horrors.
KURTZ: In the days before the election, Sinclair Broadcasting will be showing only one side. The company has ordered its 62 stations, from Baltimore to Sacramento, to air the anti-Kerry film "Stolen Honor." It's made by former "Washington Times" reporter and decorated Vietnam veteran Carlton Sherwood. And it argues that with his anti-war testimony in 1971, Kerry was branding all American soldiers as baby killers, war criminals, and deranged, drug-addicted psychopaths. Sinclair doesn't hide its conservative bent. Ninety-seven percent of the money that company executives have contributed in this campaign have gone to Republicans. Last spring, Sinclair took on "Nightline," refusing to air a program in which Ted Koppel read the names of all the U.S. soldiers killed in Iraq. Sinclair accused Koppel of pushing an anti-war agenda. He said he was simply showing the human cost of war.
Kerry spokesman David Wade calls Sinclair's decision to trumpet "Stolen Honor" a smear and a form of yellow journalism. A Sinclair vice president told "The Washington Post" that the film tells a "powerful story," and that the broadcast networks "are acting like Holocaust deniers about Kerry's past."
But even if the movie is newsworthy, airing only a one-sided attack on Kerry would be like the networks deciding that the end of October would be the ideal time to run Michael Moore's anti-Bush film "Fahrenheit 9/11."
(on camera): In the final days of a presidential campaign, media organizations generally try to avoid what in football would be called a late hit. Sinclair Broadcasting, apparently playing a different game, has decided to hit John Kerry hard. Now the Democratic National Committee is hitting back, announcing a complaint with the FEC that accuses Sinclair of making an in-kind contribution to the Bush campaign.
Howard Kurtz, CNN's "RELIABLE SOURCES."
(END VIDEOTAPE)
KAGAN: Representatives from Sinclair, as well as the Democratic Party, talked about the film on CNN's "AMERICAN MORNING."
(BEGIN VIDEO CLIP)
MARK HYMAN, SINCLAIR BROADCASTING: This is definitely a newsworthy event. These -- these Vietnam prisoners of war had suffered horrific abuse and unspeakable torture for many years. And they've -- most of them maintained silence for 31 years and felt the need to respond to claims made by John Kerry.
They've only recently come forward. And as you may know, they've approached the broadcast networks who all said we're not interested in speaking to you folks. Nobody has earned a right to speak on the Vietnam experience more so than these men.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
TERRY MCAULIFFE, DNC CHAIRMAN: The documentary is done by a disgraced journalist who got in trouble for lying about the Vietnam Wall when it was built. This is a man who worked at the "Washington Times" and then ran -- did a book on Reverend Sun Myung Moon. This is a guy who has no experience in doing this. This was not done for commercial or education purposes. This is clear partisan attack on Senator Kerry.
(END VIDEO CLIP)
KAGAN: Sinclair stations reach about a quarter of the American households. Fourteen Sinclair stations are available to voters in critical battleground states.
The Supreme Court announced this morning it will tackle a sensitive religious and political issue, the Ten Commandments in government buildings and on government land. Our national correspondent, Bob Franken, joins us now with more on that.
Bob, hello.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Hello. And what is so notable about this is that, since 1980, the Supreme Court has tried to stay away from Supreme Court cases. In 1980, the justices ruled that the Ten Commandments could not be posted on classroom walls. But since then, there's been a huge amount of confusion in the lower courts. And so now the court is doing one of its fundamental things, and that is to try to clear up the confusion.
The two cases had opposite results. The Texas case that ruled against the person who tried to get the Ten Commandments monument removed from the statehouse grounds in Austin. Then there's another case, a Kentucky case, where an appeals court ruled that the Ten Commandments could not be posted on a Pulaski County courthouse wall.
And, of course, there was the one that the justices refused to take on the first day of this term, on October 4, when they refused to take the highly-celebrated argument between the former Alabama chief justice, Ray Moore, who was removed from office because he had insisted on leaving a Ten Commandments monument there.
Now, it is inevitable that somebody is going to ask about the political consequences of this, Daryn. I think the best way to describe it is use a variation on a phrase. As far as the Ten Commandments are concerned, the justices can rule because they can't hide.
KAGAN: OK, clever. Now looking toward tomorrow night and the debate, you've got to figure this one's going to come up.
FRANKEN: Well, it's an issue that raises a lot of feelings about people on both sides of the political divide. It is three weeks before the election. Once again, the Ten Commandments ruling -- rulings are in the news. That's just going to be something that's going to rally the troops on both sides of the question of whether there should be more of a separation between church and state.
KAGAN: Bob Franken in our D.C. bureau. Thank you.
U.S. warplanes hit Falluja hard. The damage is massive as they target reported insurgent hideouts. The details are coming up next.
Also, children caught in the crossfire in Gaza. Now one Israeli commanding officer is accused of an unspeakable crime.
And it's a proposal that could change the race for the White House. A plan to divide the electoral votes in one hotly-contested state. Both sides of that issue coming up.
(COMMERCIAL BREAK)
KAGAN: CNN getting word that U.S. bombs fell on a restaurant and a house in Falluja, Iraq, today. The U.S. says both were meeting places for terrorist followers of Abu Musab al-Zarqawi, the al Qaeda- linked insurgent. Hospital sources say the attacks left at least four people dead.
And in the town of Ramadi, Iraqi security forces, backed by U.S. troops, raided seven mosques. They say the mosques were hiding places for insurgents and their weapons. The U.S. says that mosques are granted protective status unless they are being used for military purposes.
Israel's military crackdown in Gaza enters its third week today. Around 100 Palestinians have been killed; many of the dead are children. CNN's Guy Raz has the story of one young victim.
(BEGIN VIDEOTAPE)
GUY RAZ, CNN CORRESPONDENT (voice-over): The lonely corner desk of a young girl. Just days ago, Iman al-Hams sat here with homework.
HWAYDA AL-HAMS, IMAN'S MOTHER (through translator): She was just 13. She went to school like a regular little girl. And she filled my life with joy.
RAZ: Two weeks of Israeli military operations in Gaza have made this simple act of going to school a harrowing journey. Iman al-Hams made that journey for the last time on Tuesday.
AL-HAMS (through translator): She was on her way to school. There was a lot of shooting that morning. And when she was first hit, she became hysterical. Instead of running back home, she ran towards the soldiers.
RAZ: The Israeli army initially said soldiers suspected young Iman was carrying a bomb in her school bag. The army says normal rules of engagement were followed.
The case was closed. But Iman had been hit by 20 bullets, a fact that raised questions and prompted two soldiers who witnessed the incident to contact the Israeli newspaper (UNINTELLIGIBLE). In conversations with reporter Yossi Oshua (ph), the soldiers encountered a grisly tale. Their voices had been disguised.
"I was sure she was 12 or maybe younger. I reported it over the two-way radio. Shots were fired, Iman fell to the ground." "Then our commander shot her twice. He made sure she was dead. And then I don't know why, but he decided to turn back towards her body and unloaded a round of bullets into it. This was the most revolting thing I have ever seen as a soldier."
(on camera): The reports prompted the Israeli army to launch a criminal investigation into the conduct of the commanding officer.
(voice-over): In a statement, the army said, "The Israeli defense forces recognize the gravity of the incident, and the allegations raised require a full investigation." Israel says its latest incursion into Gaza, now in its third week, was designed to end rocket attacks on Israeli towns. But one of the outcomes has been the death of nearly 30 children, including Iman al-Hams.
AL-HAMS (through translator): She filled this house. She filled our lives with joy. And her death has left us with a great feeling of emptiness.
RAZ: An empty room, a life abruptly ended.
(END VIDEOTAPE)
RAZ: And Daryn, just as we finished putting this report together, we received word of another young casualty also in Gaza. This time, a 10-year-old girl who was critically wounded when she was shot in the chest just outside of her school.
Now, according to eyewitnesses, she was shot by Israeli soldiers. The Israeli army is saying that a nearby military outpost did come under fire when soldiers returned fire. And they said they will investigate this latest incident as well -- Daryn.
KAGAN: Yes. And in the interest of fairness, Guy, we should point out that this latest incursion began when the Israelis say that a Palestinian rocket was launched into Israel and two Israeli children were killed. So there definitely are casualties and tragedy on both sides of the difficult situation.
But getting back to the main point of your piece, is it unusual for the idea to launch these types of investigations?
RAZ: Daryn, it's not unusual at all for the Israeli army to launch these types of investigations, particularly when civilian casualties are involved. But what makes this case particularly unusual is that it is a criminal investigation.
And in the past, Daryn, when Israeli soldiers have been investigated, they've rarely been court-martialed for alleged offenses carried out in the field. And like in the U.S. military, the Israeli army carries out these investigations within the chain of command. So, in other words, these are not entirely independent investigations.
Now, in this particular case, in the case of young Iman al-Hams, there's already conflicting information coming out. We heard the testimony from those soldiers who witnessed the event, but the commanding officer at the center of these allegations is disputing the claims, essentially saying these soldiers are carrying out a personal vendetta against him -- Daryn.
KAGAN: Guy Raz in Jerusalem. Thank you.
It has the potential to change the course of history, an amendment that would divide the electoral votes of a hotly-contested state. The pros and the cons coming up.
(COMMERCIAL BREAK)
KAGAN: You want to keep an eye on Colorado. Now, listen to this.
There's a thing on the ballot called Amendment 36. It would replace the state's winner take all electoral system. Instead, candidates would get a share of the electorals based on the popular vote. It would take effect immediately if it passes on November 2.
Polls show that the presidential candidates are running about even in Colorado. And that means that is nine electoral votes would likely be split 5-4. Now, that could have been enough in 2000 to make Al Gore president.
Our guests are on both sides of the issue. Katy Atkinson is the campaign director Coloradans Against a Really Stupid Idea.
Katy, I've just got to say, whether you believe with your side or not, that's the most clever name I've heard in this entire season.
KATY ATKINSON, DIRECTOR, COLORADANS AGAINST A REALLY STUPID IDEA: Thank you.
KAGAN: Julie Brown is with Make Your Vote Count. And they join us from Denver this morning.
Ladies, good morning.
JULIE BROWN, MAKE YOUR VOTE COUNT: Good morning.
KAGAN: All right. Julie, let's start with you. Make your case for a "yes" vote on Amendment 36.
BROWN: Well, we believe Amendment 36 is a much fairer and more accurate way to divide our electoral votes. The current winner-take- all system basically disenfranchises 49.9 percent of the voters in Colorado.
We believe that a proportional method base on the statewide popular vote gives people more power. It puts -- gives their vote more impact. And the people don't understand why we even have electoral college or why we're throwing out votes.
KAGAN: Yes. Well, that's a civic lesson that we'll have to attack on another day. I want to bring Katy in here.
Katy, don't you want your vote to count? You know, this could go the other way as well.
ATKINSON: Well, my vote does count. And all Coloradans votes count under the current system.
I think what we're looking at with Amendment 36 is a proposal that will make sure that every Colorado vote counts for less than it does today. It will be the first election where we have a consolation prize. We're used to the system where the person who gets the majority of votes wins the election. And...
KAGAN: Right. Now, a couple of other states do this. Nebraska and Maine, they have a system that's somewhat like it.
ATKINSON: It's not really. It's -- the system in Nebraska and Maine awards electoral votes based on congressional districts. So you actually have to win the geographic area in order...
KAGAN: Would that work for you?
ATKINSON: Probably not. And let me -- let me back up just a little bit on this.
KAGAN: OK.
ATKINSON: What makes this usual is, first of all, it's retroactive. It applies to this year's election. And the word "retroactive" is actually in the language of the amendment.
Secondly, this is not something that's had its genesis in Colorado. This was brought to us by -- from California by an organization -- at least the checks are being sent from California. You know, it's not something that Coloradans were clamoring to do.
We're a small state. And dividing our electoral college votes is just a prescription for electoral suicide.
KAGAN: Julie, let's bring you back in here. Nothing gets the heckles up in Colorado than saying that something came from California.
BROWN: That's right.
KAGAN: What about the idea that...
BROWN: Well, I'd like to correct...
KAGAN: ... this is an outsider really just trying to undo the electoral college across the country?
BROWN: This is actually not true. This movement actually started in 2001 with state Senator Ron Tupa's bill, which would have divided Colorado's electoral votes similar to the way Maine and Nebraska would do it under the congressional district method.
That bill was passed in the Senate, and it was killed in a committee in the House. So what happened was we went and looked at this and thought that the only way to do this was take it through the initiative process.
In between that time, we had a big redistricting battle out here, and it was determined that...
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