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'Orlando Sentinel' Endorses Kerry; Will Rehnquist Step Down?

Aired October 26, 2004 - 10:30   ET

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

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


RICK SANCHEZ, CNN ANCHOR: It's now 29 minutes after the hour here on CNN. I'm Rick Sanchez.
DARYN KAGAN, CNN ANCHOR: And I'm Daryn Kagan. Let's take a look at what is happening now in the news. The U.S. military says it has killed an associate of militant leader Abu Musab al-Zarqawi. The death was reported after an overnight air strike in northwest Falluja. An Iraqi civilian disputed that saying no one was living in the four houses that were destroyed.

At least 78 people were killed in a protest in southern Thailand. Police using force to try to break up the demonstration caused a stampede. Many of the victims in the tightly packed crowd suffocated. The protest followed the arrest of six people accused of selling their guns to Muslim militants.

President Bush is appealing to the crossover vote with one week until the election. The president is taking a bus tour through a Democratic-leaning area of Wisconsin today. The tour will end in Dubuque, Iowa. The president lost both states in 2000. Both polls -- actually polls suggesting he could take one or both this time around.

Meanwhile, John Kerry is making a cross-country trek for voters. Like the president, he starts this morning in Wisconsin. You see Senator Kerry there. The senator there goes on to Nevada, New Mexico and Iowa. Kerry's theme today is homeland security. He says the president's mistakes in Iraq have made America less safe.

SANCHEZ: Just one more week. Think about it. A mere seven days before America, that's all of us, vote in the presidential election. So what does it mean? Well, it means a blitz through the battleground states. That's what it means. And that's what's taking place as we speak.

We start with Democratic vice presidential nominee John Edwards holding a rally this hour at the University of Minnesota. He is packing some star power. He is being accompanied we understand by actor Ashton Kutcher and musician Max Weinberg.

Also, the No. 2 counterpart on the GOP ticket is canvassing the Sunshine State. He's in the state of Florida. Vice President Dick Cheney hitting four cities today there, beginning with a rally tour this hour that is taking place in West Palm Beach.

KAGAN: The vice president campaigned yesterday in Ohio and was reminded of the human cost of the war in Iraq. This is the last question that Mr. Cheney faced in the town hall meeting in Wilmington. (BEGIN VIDEO CLIP)

QUESTION: Is there any time that we know that those guys -- that you guys are going to come out of Iraq and bring our children home? I have four over there, had them there. Got a son going back. And I had one killed. I'd like a little relief.

DICK CHENEY, VICE PRESIDENT OF THE UNITED STATES: Well, we appreciate very much, obviously, the sacrifice they've made. And they've done a superb job for us, as I mentioned.

I think of it in terms of when we have the capability in place so that we've completed the mission. If you put an artificial date on it, then you end up with the terrorists just waiting until that date arrives, Americans withdraw, and then they'll reassert themselves. So that's not acceptable. And they've got to know that we'll stay the course and that they're not going to be able to win.

(END VIDEO CLIP)

KAGAN: The woman was identified as 62-year-old Phyllis Hobbs. She spoke to Cheney's wife Lynne after the event and said that she is satisfied with the answers she received.

The vice president's daughter Mary, you'll remember, was mentioned by John Kerry as an example of a gay American. Kerry's comment led to an angry response, but the senator's own daughter defended him last night.

(BEGIN VIDEO CLIP FROM "LARRY KING LIVE")

LARRY KING, HOST: Do you think the thing with Mary Cheney was fair?

VANESSA KERRY, DAUGHTER OF SEN. JOHN KERRY: I think -- to be really honest, I think it's something that was public knowledge. I think it was something that came up in the vice presidential debate a week earlier, and the vice president thanked Senator Edwards for his comments.

What our father was stating was the fact that we need to celebrate everybody for who they are, we need to celebrate families for, you know, their -- just that, being a family and celebrating one another and honoring one another.

And he thought it was actually a very compassionate, caring statement. And I think where I get troubled is the fact that it was used to distract from the fact that my father won all three debates.

(END VIDEO CLIP)

KAGAN: Well, speaking about being on the campaign trail, Kerry's other daughter, Alexandra, who you saw on the other side, says she has found it grueling and energizing all at the same time.

SANCHEZ: There is a new poll showing President Bush pulling ahead in the all-important state of Florida. According to the CNN/"USA Today"/Gallup poll, the Republican nominee now holds a lead of 8 percentage points over his challenger. That's among likely voters. Slightly more among registered voters. The margin of error is plus or minus 4 percentage points.

Now that poll seemingly contradicts this poll of polls. It's a survey of three statewide polls reported this weekend in the state of Florida. They show essentially a dead heat.

It is debatable how much weight newspaper endorsements carry in a presidential race these days. But one Florida paper made headlines of its own when it broke with its traditional endorsement.

CNN's David Mattingly takes us behind closed doors.

(COMMERCIAL BREAK)

DAVID MATTINGLY, CNN CORRESPONDENT (voice-over): Making sense of all the political rhetoric has been a challenge for reporters and editors at "The Orlando Sentinel," who according to editor Charlotte Hall find themselves under a microscope.

CHARLOTTE HALL, EDITOR: Many people who are real partisans are unhappy. They see agendas in our coverage which are not there.

MATTINGLY: Orlando sits in the middle of the hotly contested I-4 corridor, home to the state's largest concentration of swing voters, who could swing the state and possibly the election either way.

(on camera): And some of the editors here are about to face one of their biggest decisions yet, who to endorse for president. It's never an easy decision. And this year comes at a volatile time in the campaign, when the state is clearly up for grabs.

(voice-over): Jane Healy presides over "The Sentinel"'s editorial board which determines the paper's choice.

JANE HEALY, EDITORIAL PAGE EDITOR: We see our role as -- again, it's in the community's best interest. That may rile some of our readers. But there's a reason we're taking that position because we do want to affect some change. We do want to persuade people.

MATTINGLY (on camera): Any idea how this is going to go?

HEALY: No, no, I wouldn't want to predict. I'm always wrong in these things.

MATTINGLY (voice-over): The board consists of editorial writers, a cartoonist and columnists. They haven't endorsed a Democrat for president since Lyndon Johnson way back in 1964. The publisher, Kathleen Waltz, says don't call them conservative.

KATHLEEN WALTZ, PUBLISHER: The newspaper as a whole is moderate.

MATTINGLY (on camera): But how do you explain endorsing a Republican candidate for decades? WALTZ: Well, you know, I don't explain that other than to say maybe it was more reflective of the way our community has been over the years.

UNIDENTIFIED MALE: "Orlando Sentinel" should endorse based on...

MATTINGLY (voice-over): We were granted extraordinary access to the meeting "The Sentinel"'s own reporters weren't allowed to attend. We listened as board members on behalf of each candidate made presentations.

UNIDENTIFIED MALE: Bush says if you believe in democracy you have to stand up for your beliefs.

PAUL OWENS, EDITORIAL MEMBERS: John Kerry is a better fit for the core values of this newspaper.

MATTINGLY: But much like the campaigns themselves, both pitches turned sharply negative.

OWEN: The president's "my way or the highway" style of leadership has alienated other world leaders.

PETER BROWN, EDITORIAL COLUMNIST: To think that a President Kerry would be more bipartisan is a pipe dream. He was rated the most liberal member of the U.S. Senate according to "The National Journal."

MATTINGLY (on camera): This body of 12, six men, six women, you look like a jury.

(LAUGHTER)

MATTINGLY: And it seems very serious in here. How much more serious is this choice this year compared to previous years when you've had to do this?

BROWN: You could figure that we could tip it either way depending who we go with. Someone might say, well, I'm going to vote the way "The Sentinel" goes. You go for one candidate or another, you know. Who knows what sort of impact we've had.

MATTINGLY (voice-over): But this is where we were asked to leave. The deliberations and final decisions by the editor and publisher were to remain secret.

Then on Sunday morning a dramatic turn. "The Orlando Sentinel" endorsed John Kerry under the harsh headline: "The Bush presidency has disappointed us on almost all counts."

HEALY: We thought he was a uniter and I don't think he has turned out to be a uniter. We thought he was fiscally responsible and we have these huge deficits. And in good conscience we really could not endorse somebody again when they weren't the person we thought they were when we endorsed him four years ago.

MATTINGLY: A 40-year Republican tradition broken. And already editors report thousands of impassioned responses from a sharply divided electorate during a campaign that is so close, every headline could matter.

David Mattingly, CNN, Orlando, Florida.

(END VIDEOTAPE)

SANCHEZ: Let's take a look now at some of the other stories that are making news from coast to coast. First of all, investigators say it's too early to tell why the Hendricks Motorsports plane crashed into a mountain near Martinsville, Virginia. The bodies of all 10 people on board that plane have been recovered.

KAGAN: Convicted sniper Lee Boyd Malvo goes back to court today. Malvo is expected to plead guilty to charges from two attacks two years ago. By pleading guilty, Malvo will avoid a possible capital murder conviction and death penalty. He's already serving a life sentence for another killing.

SANCHEZ: And one of two murder trials is under way in California in the killing of Venus and Serena Williams half-sister. Yetunde Price was killed a year ago when 11 gunshots were fired at her white SUV. Opening statements began yesterday in the alleged triggerman's trial.

KAGAN: Court says he's going to be back on the bench next week. Still to come, will Justice William Rehnquist's illness make the Supreme Court an election issue?

SANCHEZ: Also people are catching something in Las Vegas, and it's not a winning streak. Still to come, what's bugging Sin City?

(COMMERCIAL BREAK)

KAGAN: Thyroid cancer hits more than 23,000 Americans each year. But its discovery in one specific person has made it international news. As we first told you here yesterday, William Rehnquist, the chief justice of the U.S. Supreme Court, is vowing to be back at work just nine days after undergoing a tracheotomy.

Our next guest joins us to ponder the question of what if -- that is what if the deepening health problems forced Chief Justice Rehnquist to vacate his seat? Ken Foskett, an investigative reporter for "The Atlanta Journal-Constitution" and the author of "Judging Thomas: The Life and Times of Clarence Thomas."

Good morning, thanks for coming back...

KEN FOSKETT, "ATLANTA JOURNAL-CONSTITUTION": Good morning, Daryn.

KAGAN: ... so soon.

FOSKETT: Yes.

KAGAN: Supreme Court in the news. I think one of the first things that struck me yesterday was the secrecy with which this court still conducts its business. The news broke yesterday, but the chief justice had been in the hospital for two or three days.

FOSKETT: Yeah. I think there was a two-sentence statement from the Supreme Court. It is by far the most secretive institution in our government. And this clearly shows that they're not inclined to release much personal information about the justices.

KAGAN: OK. Going forward, what this is a reminder -- and of course, we wish the chief justice the best in his recovery and getting back to work. But this does bring to mind something that we talked about when you were here just a few weeks ago in that there are possibly as many as three or four vacancies coming up on this court.

FOSKETT: Right. And you know -- and very possibly now a vacancy for chief justice on the court.

KAGAN: Right, which works differently. I learned a few things yesterday. Somebody can be nominated to be chief justice. It does not have to come from the existing justices.

FOSKETT: No, that's right. Anybody can be nominated for chief justice. And even if it is a sitting justice, that justice still has to be confirmed by the Senate. Requires confirmation just as any other justice would.

KAGAN: Among the justices who are there now, is there a natural leader, somebody who might step into that seat?

FOSKETT: Well, I think if President Bush is reelected...

KAGAN: Exactly. And we have two different scenarios for you.

FOSKETT: ... I think the strongest candidates on the bench are Justice Thomas and Justice Scalia. Justice Thomas, I think, may have an edge because he is the youngest justice on the court. He's only 56.

If he were to be confirmed, he would serve for 25 or 30 more years. He would also be the first black chief justice. The country has never had a black chief justice, and there would be some tremendous symbolism in that appointment.

And he's also the most conservative justice on the court. And this is a very conservative president. So, I could see Justice Thomas being elevated. There's also a very close bond between Justice Thomas and the Bush family, because Justice Thomas, of course, was appointed by the president's father, President George Bush the first.

KAGAN: What kind of timeframe are we looking at here? Let's just say for the sake of conversation that John Kerry wins one week from today and then you have a few months left of the Bush presidency. Is that enough for a certain number or any particular Supreme Court justice to step down and have a new person replaced him or her?

FOSKETT: Yes, there certainly is time. But I don't believe the Senate would allow a lame duck president to name a new justice. They would wait for the next president to be seated and then take it from there.

KAGAN: I know when you were here last time talking about your book, you said Justice Thomas cooperated with your book and gave you an interview. Did you have a chance to interview any of the other justices?

FOSKETT: I did. I interviewed Justice Scalia and also Justice Ginsberg, both of them. In fact, when I interviewed Justice Scalia, it was at the time that there was some speculation about retirement on the court. And I asked him if there would be one, and he said, "Well, nobody's told me anything." And in fact, there was not in that year.

KAGAN: You made your case for Justice Thomas, becoming the next chief justice. What about Justice Scalia, why -- besides his conservative bent?

FOSKETT: Well, I think his conservative political views would be the strongest thing in his favor. He might have an easier time getting confirmed. Justice Scalia is, even though he's conservative, he has a real warmth and sense of humor that seems to come through. And I think it might be a bit easier for him on confirmation over Justice Thomas.

KAGAN: And meanwhile, don't count out William Rehnquist. This is a man who has battled back from other physical ailments before and sounds like he feels like he has some other work to do.

FOSKETT: Yeah. And you know, two other members of the court have had cancer and recovered from cancer. And there's no reason to believe that Justice Rehnquist wouldn't do the same.

KAGAN: Ken Foskett, from "The Atlanta Journal-Constitution" and the book "Judging Thomas," thank you for your expertise today.

FOSKETT: Thank you.

KAGAN: Appreciate it -- Rick?

SANCHEZ: We've got some medical headlines -- some interesting medical headlines to share with you on this day. Illinois Governor Rod Blagojevich is waiting on the FDA to approve his plan to buy a flu vaccine from Europe.

(BEGIN VIDEO CLIP)

GOV. ROD BLAGOJEVICH (D), ILLINOIS: We were fortunate because we established a program in Illinois -- frankly, in defiance of the FDA -- to help our citizens get medicine a lot less expensively. And because of that, we've been able to obtain what we think is close to 150,000 now doses of flu vaccine which will help our most vulnerable citizens.

(END VIDEO CLIP)

SANCHEZ: FDA officials say they'd have to make sure any imported vaccine is safe before approving its use.

Health officials in Las Vegas are trying to figure out what's causing the so-called Flamingo Flu. About 60 guests and workers at the Flamingo Hotel and Casino reported suffering from flu-like symptoms there.

And a St. Louis landmark took on a different look last night. The Arch was lit pink to raise -- although, it looks purple there, doesn't it -- to raise awareness in the fight against breast cancer. Normally, the monument is bathed in white light.

Well, here's something you don't see every day. Still to come, an attack on Elvis the alligator.

(COMMERCIAL BREAK)

KAGAN: Markets are looking a bit perkier.

SANCHEZ: Are they?

KAGAN: Yeah, yeah.

SANCHEZ: A little better than yesterday?

KAGAN: Well, yesterday ended up OK. It's just recently overall has not been the best of times.

SANCHEZ: Let's go over to Mary Snow and find out just how good good is.

KAGAN: Hey, Mary.

(STOCK MARKET UPDATE)

SANCHEZ: All right, Mary, thanks so much.

KAGAN: Time to explain those kind of gruesome splitting headaches -- pictures we were showing earlier with the alligator. This one coming from Sarasota, Florida. Gruesome discovery there.

SANCHEZ: Would you look at that?

KAGAN: Yeah, it's a knife stuck in the head of their resident alligator. They call the alligator Elvis.

SANCHEZ: Yeah. We're still trying to get a beat on this thing. It's what greeted folks there at Old Ford Country Club (ph). The knife stuck in the head of the resident gator, affectionately named Elvis. It was seemingly oblivious to what had happened to him, if you can believe that. But it did seal his fate nonetheless.

KAGAN: Since animal officials could not -- obviously had to come in contact with a human, the alligator had to be destroyed. The person who attacked Elvis, if caught, does face a third-degree felony.

SANCHEZ: That is amazing. Well, Jill Brown standing by now with some of the things that are taking place as far as weather is concerned. And hopefully, it involved no sharp instruments.

KAGAN: Yes.

(WEATHER REPORT)

KAGAN: All right, thank you.

SANCHEZ: Just a week away, and the polls just keep on coming. Next, we bring in political analyst Bill Schneider to try and make sense of them all.

KAGAN: Plus, British television fans have their own pick for president. Find out who tops their list as the second hour of CNN LIVE TODAY begins after a quick 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 October 26, 2004 - 10:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RICK SANCHEZ, CNN ANCHOR: It's now 29 minutes after the hour here on CNN. I'm Rick Sanchez.
DARYN KAGAN, CNN ANCHOR: And I'm Daryn Kagan. Let's take a look at what is happening now in the news. The U.S. military says it has killed an associate of militant leader Abu Musab al-Zarqawi. The death was reported after an overnight air strike in northwest Falluja. An Iraqi civilian disputed that saying no one was living in the four houses that were destroyed.

At least 78 people were killed in a protest in southern Thailand. Police using force to try to break up the demonstration caused a stampede. Many of the victims in the tightly packed crowd suffocated. The protest followed the arrest of six people accused of selling their guns to Muslim militants.

President Bush is appealing to the crossover vote with one week until the election. The president is taking a bus tour through a Democratic-leaning area of Wisconsin today. The tour will end in Dubuque, Iowa. The president lost both states in 2000. Both polls -- actually polls suggesting he could take one or both this time around.

Meanwhile, John Kerry is making a cross-country trek for voters. Like the president, he starts this morning in Wisconsin. You see Senator Kerry there. The senator there goes on to Nevada, New Mexico and Iowa. Kerry's theme today is homeland security. He says the president's mistakes in Iraq have made America less safe.

SANCHEZ: Just one more week. Think about it. A mere seven days before America, that's all of us, vote in the presidential election. So what does it mean? Well, it means a blitz through the battleground states. That's what it means. And that's what's taking place as we speak.

We start with Democratic vice presidential nominee John Edwards holding a rally this hour at the University of Minnesota. He is packing some star power. He is being accompanied we understand by actor Ashton Kutcher and musician Max Weinberg.

Also, the No. 2 counterpart on the GOP ticket is canvassing the Sunshine State. He's in the state of Florida. Vice President Dick Cheney hitting four cities today there, beginning with a rally tour this hour that is taking place in West Palm Beach.

KAGAN: The vice president campaigned yesterday in Ohio and was reminded of the human cost of the war in Iraq. This is the last question that Mr. Cheney faced in the town hall meeting in Wilmington. (BEGIN VIDEO CLIP)

QUESTION: Is there any time that we know that those guys -- that you guys are going to come out of Iraq and bring our children home? I have four over there, had them there. Got a son going back. And I had one killed. I'd like a little relief.

DICK CHENEY, VICE PRESIDENT OF THE UNITED STATES: Well, we appreciate very much, obviously, the sacrifice they've made. And they've done a superb job for us, as I mentioned.

I think of it in terms of when we have the capability in place so that we've completed the mission. If you put an artificial date on it, then you end up with the terrorists just waiting until that date arrives, Americans withdraw, and then they'll reassert themselves. So that's not acceptable. And they've got to know that we'll stay the course and that they're not going to be able to win.

(END VIDEO CLIP)

KAGAN: The woman was identified as 62-year-old Phyllis Hobbs. She spoke to Cheney's wife Lynne after the event and said that she is satisfied with the answers she received.

The vice president's daughter Mary, you'll remember, was mentioned by John Kerry as an example of a gay American. Kerry's comment led to an angry response, but the senator's own daughter defended him last night.

(BEGIN VIDEO CLIP FROM "LARRY KING LIVE")

LARRY KING, HOST: Do you think the thing with Mary Cheney was fair?

VANESSA KERRY, DAUGHTER OF SEN. JOHN KERRY: I think -- to be really honest, I think it's something that was public knowledge. I think it was something that came up in the vice presidential debate a week earlier, and the vice president thanked Senator Edwards for his comments.

What our father was stating was the fact that we need to celebrate everybody for who they are, we need to celebrate families for, you know, their -- just that, being a family and celebrating one another and honoring one another.

And he thought it was actually a very compassionate, caring statement. And I think where I get troubled is the fact that it was used to distract from the fact that my father won all three debates.

(END VIDEO CLIP)

KAGAN: Well, speaking about being on the campaign trail, Kerry's other daughter, Alexandra, who you saw on the other side, says she has found it grueling and energizing all at the same time.

SANCHEZ: There is a new poll showing President Bush pulling ahead in the all-important state of Florida. According to the CNN/"USA Today"/Gallup poll, the Republican nominee now holds a lead of 8 percentage points over his challenger. That's among likely voters. Slightly more among registered voters. The margin of error is plus or minus 4 percentage points.

Now that poll seemingly contradicts this poll of polls. It's a survey of three statewide polls reported this weekend in the state of Florida. They show essentially a dead heat.

It is debatable how much weight newspaper endorsements carry in a presidential race these days. But one Florida paper made headlines of its own when it broke with its traditional endorsement.

CNN's David Mattingly takes us behind closed doors.

(COMMERCIAL BREAK)

DAVID MATTINGLY, CNN CORRESPONDENT (voice-over): Making sense of all the political rhetoric has been a challenge for reporters and editors at "The Orlando Sentinel," who according to editor Charlotte Hall find themselves under a microscope.

CHARLOTTE HALL, EDITOR: Many people who are real partisans are unhappy. They see agendas in our coverage which are not there.

MATTINGLY: Orlando sits in the middle of the hotly contested I-4 corridor, home to the state's largest concentration of swing voters, who could swing the state and possibly the election either way.

(on camera): And some of the editors here are about to face one of their biggest decisions yet, who to endorse for president. It's never an easy decision. And this year comes at a volatile time in the campaign, when the state is clearly up for grabs.

(voice-over): Jane Healy presides over "The Sentinel"'s editorial board which determines the paper's choice.

JANE HEALY, EDITORIAL PAGE EDITOR: We see our role as -- again, it's in the community's best interest. That may rile some of our readers. But there's a reason we're taking that position because we do want to affect some change. We do want to persuade people.

MATTINGLY (on camera): Any idea how this is going to go?

HEALY: No, no, I wouldn't want to predict. I'm always wrong in these things.

MATTINGLY (voice-over): The board consists of editorial writers, a cartoonist and columnists. They haven't endorsed a Democrat for president since Lyndon Johnson way back in 1964. The publisher, Kathleen Waltz, says don't call them conservative.

KATHLEEN WALTZ, PUBLISHER: The newspaper as a whole is moderate.

MATTINGLY (on camera): But how do you explain endorsing a Republican candidate for decades? WALTZ: Well, you know, I don't explain that other than to say maybe it was more reflective of the way our community has been over the years.

UNIDENTIFIED MALE: "Orlando Sentinel" should endorse based on...

MATTINGLY (voice-over): We were granted extraordinary access to the meeting "The Sentinel"'s own reporters weren't allowed to attend. We listened as board members on behalf of each candidate made presentations.

UNIDENTIFIED MALE: Bush says if you believe in democracy you have to stand up for your beliefs.

PAUL OWENS, EDITORIAL MEMBERS: John Kerry is a better fit for the core values of this newspaper.

MATTINGLY: But much like the campaigns themselves, both pitches turned sharply negative.

OWEN: The president's "my way or the highway" style of leadership has alienated other world leaders.

PETER BROWN, EDITORIAL COLUMNIST: To think that a President Kerry would be more bipartisan is a pipe dream. He was rated the most liberal member of the U.S. Senate according to "The National Journal."

MATTINGLY (on camera): This body of 12, six men, six women, you look like a jury.

(LAUGHTER)

MATTINGLY: And it seems very serious in here. How much more serious is this choice this year compared to previous years when you've had to do this?

BROWN: You could figure that we could tip it either way depending who we go with. Someone might say, well, I'm going to vote the way "The Sentinel" goes. You go for one candidate or another, you know. Who knows what sort of impact we've had.

MATTINGLY (voice-over): But this is where we were asked to leave. The deliberations and final decisions by the editor and publisher were to remain secret.

Then on Sunday morning a dramatic turn. "The Orlando Sentinel" endorsed John Kerry under the harsh headline: "The Bush presidency has disappointed us on almost all counts."

HEALY: We thought he was a uniter and I don't think he has turned out to be a uniter. We thought he was fiscally responsible and we have these huge deficits. And in good conscience we really could not endorse somebody again when they weren't the person we thought they were when we endorsed him four years ago.

MATTINGLY: A 40-year Republican tradition broken. And already editors report thousands of impassioned responses from a sharply divided electorate during a campaign that is so close, every headline could matter.

David Mattingly, CNN, Orlando, Florida.

(END VIDEOTAPE)

SANCHEZ: Let's take a look now at some of the other stories that are making news from coast to coast. First of all, investigators say it's too early to tell why the Hendricks Motorsports plane crashed into a mountain near Martinsville, Virginia. The bodies of all 10 people on board that plane have been recovered.

KAGAN: Convicted sniper Lee Boyd Malvo goes back to court today. Malvo is expected to plead guilty to charges from two attacks two years ago. By pleading guilty, Malvo will avoid a possible capital murder conviction and death penalty. He's already serving a life sentence for another killing.

SANCHEZ: And one of two murder trials is under way in California in the killing of Venus and Serena Williams half-sister. Yetunde Price was killed a year ago when 11 gunshots were fired at her white SUV. Opening statements began yesterday in the alleged triggerman's trial.

KAGAN: Court says he's going to be back on the bench next week. Still to come, will Justice William Rehnquist's illness make the Supreme Court an election issue?

SANCHEZ: Also people are catching something in Las Vegas, and it's not a winning streak. Still to come, what's bugging Sin City?

(COMMERCIAL BREAK)

KAGAN: Thyroid cancer hits more than 23,000 Americans each year. But its discovery in one specific person has made it international news. As we first told you here yesterday, William Rehnquist, the chief justice of the U.S. Supreme Court, is vowing to be back at work just nine days after undergoing a tracheotomy.

Our next guest joins us to ponder the question of what if -- that is what if the deepening health problems forced Chief Justice Rehnquist to vacate his seat? Ken Foskett, an investigative reporter for "The Atlanta Journal-Constitution" and the author of "Judging Thomas: The Life and Times of Clarence Thomas."

Good morning, thanks for coming back...

KEN FOSKETT, "ATLANTA JOURNAL-CONSTITUTION": Good morning, Daryn.

KAGAN: ... so soon.

FOSKETT: Yes.

KAGAN: Supreme Court in the news. I think one of the first things that struck me yesterday was the secrecy with which this court still conducts its business. The news broke yesterday, but the chief justice had been in the hospital for two or three days.

FOSKETT: Yeah. I think there was a two-sentence statement from the Supreme Court. It is by far the most secretive institution in our government. And this clearly shows that they're not inclined to release much personal information about the justices.

KAGAN: OK. Going forward, what this is a reminder -- and of course, we wish the chief justice the best in his recovery and getting back to work. But this does bring to mind something that we talked about when you were here just a few weeks ago in that there are possibly as many as three or four vacancies coming up on this court.

FOSKETT: Right. And you know -- and very possibly now a vacancy for chief justice on the court.

KAGAN: Right, which works differently. I learned a few things yesterday. Somebody can be nominated to be chief justice. It does not have to come from the existing justices.

FOSKETT: No, that's right. Anybody can be nominated for chief justice. And even if it is a sitting justice, that justice still has to be confirmed by the Senate. Requires confirmation just as any other justice would.

KAGAN: Among the justices who are there now, is there a natural leader, somebody who might step into that seat?

FOSKETT: Well, I think if President Bush is reelected...

KAGAN: Exactly. And we have two different scenarios for you.

FOSKETT: ... I think the strongest candidates on the bench are Justice Thomas and Justice Scalia. Justice Thomas, I think, may have an edge because he is the youngest justice on the court. He's only 56.

If he were to be confirmed, he would serve for 25 or 30 more years. He would also be the first black chief justice. The country has never had a black chief justice, and there would be some tremendous symbolism in that appointment.

And he's also the most conservative justice on the court. And this is a very conservative president. So, I could see Justice Thomas being elevated. There's also a very close bond between Justice Thomas and the Bush family, because Justice Thomas, of course, was appointed by the president's father, President George Bush the first.

KAGAN: What kind of timeframe are we looking at here? Let's just say for the sake of conversation that John Kerry wins one week from today and then you have a few months left of the Bush presidency. Is that enough for a certain number or any particular Supreme Court justice to step down and have a new person replaced him or her?

FOSKETT: Yes, there certainly is time. But I don't believe the Senate would allow a lame duck president to name a new justice. They would wait for the next president to be seated and then take it from there.

KAGAN: I know when you were here last time talking about your book, you said Justice Thomas cooperated with your book and gave you an interview. Did you have a chance to interview any of the other justices?

FOSKETT: I did. I interviewed Justice Scalia and also Justice Ginsberg, both of them. In fact, when I interviewed Justice Scalia, it was at the time that there was some speculation about retirement on the court. And I asked him if there would be one, and he said, "Well, nobody's told me anything." And in fact, there was not in that year.

KAGAN: You made your case for Justice Thomas, becoming the next chief justice. What about Justice Scalia, why -- besides his conservative bent?

FOSKETT: Well, I think his conservative political views would be the strongest thing in his favor. He might have an easier time getting confirmed. Justice Scalia is, even though he's conservative, he has a real warmth and sense of humor that seems to come through. And I think it might be a bit easier for him on confirmation over Justice Thomas.

KAGAN: And meanwhile, don't count out William Rehnquist. This is a man who has battled back from other physical ailments before and sounds like he feels like he has some other work to do.

FOSKETT: Yeah. And you know, two other members of the court have had cancer and recovered from cancer. And there's no reason to believe that Justice Rehnquist wouldn't do the same.

KAGAN: Ken Foskett, from "The Atlanta Journal-Constitution" and the book "Judging Thomas," thank you for your expertise today.

FOSKETT: Thank you.

KAGAN: Appreciate it -- Rick?

SANCHEZ: We've got some medical headlines -- some interesting medical headlines to share with you on this day. Illinois Governor Rod Blagojevich is waiting on the FDA to approve his plan to buy a flu vaccine from Europe.

(BEGIN VIDEO CLIP)

GOV. ROD BLAGOJEVICH (D), ILLINOIS: We were fortunate because we established a program in Illinois -- frankly, in defiance of the FDA -- to help our citizens get medicine a lot less expensively. And because of that, we've been able to obtain what we think is close to 150,000 now doses of flu vaccine which will help our most vulnerable citizens.

(END VIDEO CLIP)

SANCHEZ: FDA officials say they'd have to make sure any imported vaccine is safe before approving its use.

Health officials in Las Vegas are trying to figure out what's causing the so-called Flamingo Flu. About 60 guests and workers at the Flamingo Hotel and Casino reported suffering from flu-like symptoms there.

And a St. Louis landmark took on a different look last night. The Arch was lit pink to raise -- although, it looks purple there, doesn't it -- to raise awareness in the fight against breast cancer. Normally, the monument is bathed in white light.

Well, here's something you don't see every day. Still to come, an attack on Elvis the alligator.

(COMMERCIAL BREAK)

KAGAN: Markets are looking a bit perkier.

SANCHEZ: Are they?

KAGAN: Yeah, yeah.

SANCHEZ: A little better than yesterday?

KAGAN: Well, yesterday ended up OK. It's just recently overall has not been the best of times.

SANCHEZ: Let's go over to Mary Snow and find out just how good good is.

KAGAN: Hey, Mary.

(STOCK MARKET UPDATE)

SANCHEZ: All right, Mary, thanks so much.

KAGAN: Time to explain those kind of gruesome splitting headaches -- pictures we were showing earlier with the alligator. This one coming from Sarasota, Florida. Gruesome discovery there.

SANCHEZ: Would you look at that?

KAGAN: Yeah, it's a knife stuck in the head of their resident alligator. They call the alligator Elvis.

SANCHEZ: Yeah. We're still trying to get a beat on this thing. It's what greeted folks there at Old Ford Country Club (ph). The knife stuck in the head of the resident gator, affectionately named Elvis. It was seemingly oblivious to what had happened to him, if you can believe that. But it did seal his fate nonetheless.

KAGAN: Since animal officials could not -- obviously had to come in contact with a human, the alligator had to be destroyed. The person who attacked Elvis, if caught, does face a third-degree felony.

SANCHEZ: That is amazing. Well, Jill Brown standing by now with some of the things that are taking place as far as weather is concerned. And hopefully, it involved no sharp instruments.

KAGAN: Yes.

(WEATHER REPORT)

KAGAN: All right, thank you.

SANCHEZ: Just a week away, and the polls just keep on coming. Next, we bring in political analyst Bill Schneider to try and make sense of them all.

KAGAN: Plus, British television fans have their own pick for president. Find out who tops their list as the second hour of CNN LIVE TODAY begins after a quick break.

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