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American Morning

Wounded Troops; E-mail Fight

Aired December 22, 2004 - 8:59   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.


SOLEDAD O'BRIEN, CNN ANCHOR: Did the attack on U.S. troops in Mosul come from the outside or within? Evidence found in kitchen equipment that could point to a planted bomb.
And a blast of snow and ice hitting the Midwest just in time for Christmas travel. It's dangerous driving on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.

BILL HEMMER, CNN ANCHOR: Good morning, everybody, 22nd day in December. And welcome. 9:00 here in New York City. Good to have you along with us today.

Good morning to you as well.

O'BRIEN: Likewise.

HEMMER: Sarah Bernard said you look like Tina Fey today.

O'BRIEN: Oh, I know. I'm telling her -- well, I have an eye thing.

HEMMER: I think you look great. And welcome back. Great to have you back with us.

O'BRIEN: Thank you. Thank you.

HEMMER: We are now getting again today firsthand accounts of what happened in Mosul yesterday. It was right around this time when we got the first reports.

In a moment, you'll hear from one general in Iraq working that story. Thomas Metz with us, tell us about the investigation.

Also, we'll hear from a woman whose husband called as it was happening. Her story from the other end of the very, very important phone call. We'll get to both angles in a moment.

O'BRIEN: Also this morning, a story of just how important communication, the final word from a loved one at war can be. We're going to talk to the father who wants Yahoo! to let him see his son's last e-mails before he was killed in Iraq. There are some serious legal questions though to answer. We'll talk about that.

HEMMER: And they are getting a massive amount of attention, too. People across the country trying to crack the code to help them out. O'BRIEN: Great support, yes, for that family.

HEMMER: All right.

Jack, good morning. How are you?

JACK CAFFERTY, CNN ANCHOR: Good morning, Bill.

How are the escalating incidents of violence like the thing in Mosul yesterday going to affect the upcoming elections which are scheduled just five weeks from now? Your thoughts, AM@CNN.com. We'll read some e-mails in a bit.

HEMMER: All right, Jack.

O'BRIEN: Let's get right to Carol Costello. She is with us this morning.

Hello.

CAROL COSTELLO, CNN ANCHOR: Hello. Good morning. Good morning, everyone.

"Now in the News," British Prime Minister Tony Blair taking part in a landmark visit to the Middle East. The prime minister arrived in Ramallah within the last two hours.

He is the first foreign leader to make the trip since the death of Yasser Arafat. Earlier this morning, Blair met with Israeli Prime Minister Ariel Sharon. He also announced an upcoming Middle East peace conference. That is set to take place in London.

Here in the United States, cleanup still under way after a fiery tanker crash in the Washington, D.C. area right by the Pentagon. Authorities say an 18 wheeler carrying petroleum rolled over, burst into flames. The crash scene is in Arlington, Virginia, as I said, near the Pentagon.

At least one person was killed in the wreck. The interstate shut down for a few hours. And traffic is probably a nightmare right now. Oh, good luck to you.

Election officials in Washington Sate are expected to announce unofficial results today in a hotly-contested governor's race. Democrats say a third recount has Christine Gregoire ahead by eight votes, but Republicans say the race is too close to call. The final count is in limbo until the state supreme court rules on some 700 disputed ballots. The case goes before the court today.

And boy is she a little survivor. And we mean little.

A premature infant believed to be the smallest baby ever to survive is expected to be released from the hospital in just a few weeks. The baby, seen here with her twin -- you see the little one? She weighed in at just 8.6 ounces at birth. That's about the size of a can of soda. Isn't that amazing? She now weighs 2 pounds 10 ounces. The baby's mom calls her a great blessing and is looking forward to bringing both of her babies home.

O'BRIEN: Wow.

HEMMER: Amazing.

O'BRIEN: That's scary, huh, to bring home -- to see something that tiny?

COSTELLO: It would fit in the palm of your hand.

O'BRIEN: That's amazing.

COSTELLO: Yes.

O'BRIEN: All right.

COSTELLO: But they're going to be OK.

O'BRIEN: That's good news. That's so scary. Good for them. Thank you, Carol. Appreciate it.

Well, this morning in Iraq, the FBI on the scene of yesterday's deadly attack at a dining hall at a military base in Mosul. They're trying to figure out just how the attack was carried out.

A number of theories swirling about. More on that is just ahead.

But first, at least 22 people were killed, including 14 American soldiers, four U.S. contractors and four Iraqi security workers. Seventy-two others were wounded, 51 of them soldiers. The Iraqi militant group Jaish Ansar Al-Sunnah has taken responsibility for that attack.

In less than an hour, some of the wounded in the attack are expected to arrive at the Landstuhl Medical Center. It's just a short distance from Ramstein Air Base in Germany, and that's where CNN's Matthew Chance is now there, with more for us.

Matthew, what's the latest on this investigation that's now under way?

MATTHEW CHANCE, CNN CORRESPONDENT: Soledad, it's a bitterly cold day here in southern Germany at the Ramstein Air Base as we wait for this plane to come in from Iraq, from the air base of Balad, north of the capital, Baghdad, carrying what we now understand to be between 40 and 50 of the injured survivors from that devastating attack in Mosul. Some of them, at least eight of them, in fact, accord to military officials here, said to be in critical condition.

They'll be arriving at this air base, as I say, in Ramstein, where they'll be transported immediately to the Landstuhl medical facility, which is just a short distance down the road from here. It's the biggest U.S. military hospital outside of the United States itself.

There, they'll get the kind of specialist attention, the kind of intensive care they need, that will be enough to stabilize them before they can be sent on an aircraft back home to the United States. And that could take just a few hours for some of those individuals, or it could take as long as a week or even more, depending on the severity of the injuries. And we know from the doctors on the ground here that they're expecting some extremely serious injuries indeed as a result of this explosion in Mosul -- Soledad.

O'BRIEN: One has to imagine, considering the time of the year and the complete surprise of this attack, that they are somewhat unprepared at Ramstein. Is that right?

CHANCE: Well, at Landstuhl and at Ramstein, yes, this was certainly an unexpected attack because there wasn't any kind of offensive under way. No battle under way like we saw in Falluja a few weeks back, or in Najaf a few months back.

And so the authorities here, the military authorities, were not really prepared for it. It's also obviously the holiday period. And a lot of people, a lot of medical staff, have been given time off to spend with their families. And so there's something of a frantic sort of effort under way right now at the hospital in Landstuhl to get all this staff rounded up, to get all the specialists, medical teams on the ground, ready to give these soldiers the treatment they'll need when they finally arrive in about an hour from now -- Soledad.

O'BRIEN: Matthew Chance, we're going to keep checking in with you all morning on this story. Thanks, Matthew. Appreciate it -- Bill.

HEMMER: At first, officials thought a rocket was to blame for that attack. This morning, nothing is being ruled out, including the possibility of a bomb planted inside the mess hall.

That theory developed after tiny holes were found in steel kitchen equipment, suggesting shrapnel there. I talked with Lieutenant General Thomas Metz of the U.S. Army earlier today about that very issue here on AMERICAN MORNING.

(BEGIN VIDEOTAPE)

LT. GENERAL THOMAS METZ, COMMANDER, MULTINATIONAL CORPS IN IRAQ: That's certainly a possibility. And that's the reason we have our experts up there. They will be able to figure out exactly what caliber munition and type of indirect fire.

If it was indirect, if it was a bomb, I think they will be able to figure out the size and the kinds of materials that were put into it. But our experts are there right now doing that investigation.

HEMMER: Soldiers were inside this tent, dining hall. Very soft- skinned canvas-type of covering. Is there a better option, though, for keeping soldiers at a military base now anywhere in Iraq safer than a canvas protection would provide? METZ: Well, there certainly is. And we have been looking at force protection parameters not only for dining facilities, but for other places where you have large gatherings. We have morale and welfare centers, gymnasiums. All those are places we want to add protection.

In fact, we are in the process of constructing a hardened dining facility a couple blocks away from this one. And it is scheduled to be done in February.

HEMMER: General, if you can hear me -- I know there is overhead aircraft there -- can you determine whether or not this must have been an inside job, some sort of insider information that would allow the insurgents to know that at noontime at this base in northern Mosul, the majority of the U.S. soldiers are gathering at that point? Can you confirm that?

METZ: Well, certainly I think it's common knowledge that coalition soldiers gather at lunchtime. But I think from the previous attacks on that particular forward operating base, they were -- they were rather random.

The enemy cannot stay in one place long to attack us. Therefore, his accuracy is pretty poor. An inside job. I wouldn't take it that far to say we necessarily have someone on the inside directing the fire. But he's got a good idea of where our forward operating bases are, and may at this stage have an idea of where particular facilities on the base are.

HEMMER: General, one more thought here. And I want to give our viewers a little more insight, and possibly military families watching this here in the U.S. as well. What kind of security measures are in place that would prevent, from this point forward, anyone planting a bomb inside a mess hall anywhere in the country of Iraq?

METZ: Well, force protection is part of our combat power. We are constantly evaluating force protection.

We have a great tactics, techniques and procedures for people coming and going off of these forward operating bases. We have internal security that's checking people, places that are -- the enemy shouldn't be or are highly -- or were classified.

We look at people even closer. We're putting barriers up that degrade incoming rounds. There's constantly an evaluation of force protection that goes on to protect our soldiers.

(END VIDEOTAPE)

HEMMER: And again, that was Lieutenant General Thomas Metz, U.S. commander in Iraq, a bit earlier today here on AMERICAN MORNING. The investigation continues -- Soledad.

O'BRIEN: Much of this country this morning is preparing for a winter wallop, and a very white Christmas as well. Here's some of the latest. Major snow and ice band bearing down on the Midwest. Up to a foot of snow or more possible in some areas. And significant ice storms are expected in Kentucky and Ohio; Indiana also bracing for the storm. And so is Jacqui Jeras. She's live in Evansville, in Indiana, for us this morning.

(WEATHER REPORT)

HEMMER: Jay Leno had some fun with the weather last night. Listen here.

(BEGIN VIDEO CLIP)

JAY LENO, TALK SHOW HOST: It was so cold in New York, Bernard Kerik got into bed with his own wife. That's how cold -- actually, San Francisco, also. It was so cold in San Francisco, Barry Bonds got into a snowball fight, killed three people, OK?

(END VIDEO CLIP)

O'BRIEN: He's had a lot of cheap shots lately. You know? Don't you think?

HEMMER: In a moment, Donald Trump, Paris Hilton, Eminem, all leaving their mark in 2004. But one software engineer out of Salt Lake City may have outdone them all.

O'BRIEN: Also this morning, the president talked about legalizing drug imports during the campaign. Why the administration's about-face now.

HEMMER: And Yahoo!'s privacy policy well intentioned, but it's outraged the family of a fallen Marine. Find out why when you meet his father this morning.

(COMMERCIAL BREAK)

O'BRIEN: The family of a fallen Marine is fighting for access to their son's e-mail. But Yahoo! says that Justin Ellworth's account is off limits because of its privacy policy, which states you agree that your Yahoo! account is nontransferable, and any rights to you I.D. or contents within your account terminate upon your death.

The 20-year-old Ellsworth was killed last month by a roadside bomb in Iraq. Justin's father, John Ellsworth, joins us from Southfield in Michigan.

Mr. Ellsworth, thank you for being with us. We certainly appreciate it. And our condolences go out to you. It's a terrible thing for an father to have to bear, the death of a son. Your son was killed about five weeks ago, is that right?

JOHN ELLSWORTH, WANTS ACCESS TO SON'S E-MAIL: Yes, he was killed November 13. And good morning, Soledad.

O'BRIEN: Good morning. Was e-mail the primary way that the two of you were communicating?

ELLSWORTH: Actually, it was one of the many ways. We had a message board set up for him so we could -- he could post one message to several -- obviously, lots of people. And we could ask simple questions, and he could have one answer instead of 40 people asking him the same questions. So e-mail was one of the very prime ways that we did communicate.

O'BRIEN: Do you know who else he was communicating with outside of that message board?

ELLSWORTH: We had a very large group set up on his computer, over 40 different people that would e-mail him. And he would try to respond as best he could. But the message board was the main way. But he did get communications, e-mails, from all around the nation, even from people he didn't know.

O'BRIEN: You want access to those e-mails. And you well know Yahoo!'s privacy policy. Why do you want to see e-mails that, frankly, he didn't send to you?

ELLSWORTH: Well, he didn't -- I think what it was is he didn't have a chance to send them to me.

We had discussed that. We were going to print them out and post them in an -- in an album for future generations, his brothers and sisters, and just as a reminder of the times we -- and, Soledad, I don't think it's any different than the letters from home from World War II or Vietnam that the families have gotten and kept as keepsakes throughout the years.

I think this has just brought us to a different forefront in communication. And I think we really need to address what -- who owns this property. And I guess that's probably what it all comes down to.

O'BRIEN: Because, of course, those letters -- well, you talk about previous wars -- would become the person's personal property that frankly would have been hand delivered to the family. Here's what Yahoo! had to say about their privacy statement.

"What all of us involved are looking for is a path that upholds individual privacy and also fully respects the family's request. Currently, the circumstance under which we can release e-mail is after appropriate findings have been made by a court."

You can understand their privacy concerns there. I mean, it sort of is the slippery slope argument to some degree. What do you think of their argument?

ELLSWORTH: Well, no, and I tend to agree that there are some privacy issues that need to be addressed. And that's probably what I'm doing more than anything right now, is hopefully we can come to an agreement, a solution. We're in uncharted territory. And I think we need to address this.

I think this is something that needs to be dealt with. I don't want regulations. I think there's enough government as it is. But I think what we need to do is have an option.

Maybe -- when e-mails -- when you sign up, you have an option to, upon your demise, to be able to turn this over to your family as personal property, which I think the courts will ultimately find. But that's obviously for a future -- future date.

O'BRIEN: And you certainly have gotten lots of support. I know there's outpouring of support from the community generally, but also an outpouring of support from lawyers who say they'd be happy to help you with a case. Also, people who crack into computers.

Are you going to take both of those up, break into -- frankly, if you got his password, you'd be able to get access without going through the legal channels. Which way are you going to go?

ELLSWORTH: I think in Justin's honor, the only thing that we can do as a family is uphold the integrity that Justin stood for. And we would not -- I have discussed this. In fact, I have been in communication with the vice president of communications for Yahoo!, Brad Garlinghouse, and I went to great length with him to assure him that we would be doing this with integrity.

It is now our intention to hack in. We've had -- like you say, Soledad, we've had plenty of offers to -- to do such a thing. And I don't think that would be the right way to do it. I would rather address this in the forefront and be able to have the options available for the future so no other family has to go through this.

O'BRIEN: You're going to go to court then?

ELLSWORTH: If necessary. I think we might be able to come to an understanding or an agreement, and hopefully maybe change some policies with Yahoo!.

O'BRIEN: Well, the clock's ticking to some degree. I know that Yahoo! has the right to get rid of the account, to erase it essentially, February 1. Good luck to you. John Ellsworth joining us this morning.

Thanks for your time. We appreciate it.

ELLSWORTH: Thank you very much. I appreciate it.

O'BRIEN: Bill.

HEMMER: A tough, tough time for that family.

If you're dreaming of a white Christmas this year, you might want to take that one back after this week. Where the snow's falling in a moment.

(COMMERCIAL BREAK)

O'BRIEN: Welcome back, everybody. The "Question of the Day" involves the insurgency in Iraq. CAFFERTY: Yes. The escalating violence ahead of the elections, Soledad, and the situation in Mosul yesterday. Is this the kind of thing that ultimately will affect the elections, which are now set for January 30?

John in Monroe, Louisiana, says, "When insurgents can infiltrate the troop's own eating quarters, they can surely infiltrate voting locations. When so much is at stake, who in their right mind would hold elections amidst the continued type of danger? The danger may never fully go away, but this is definitely not the time to hold elections."

David writes: "Jack, the long-awaited election in Iraq should proceed as quickly as possible, followed by our hasty exit from that country."

Hal in Chandler, Arizona, "The elections are a farce. If they didn't want a democracy for the last 7,000 years, there's no reason to believe they want one now."

And John in Naples writes: "Can you be so foolish as to believe that elections are going to stop this? The bigger picture is that of a region that is violently converting itself to Islamic rule. Saudi Arabia is next, and I hope we have something figured out for that one."

O'BRIEN: That's an interesting point.

CAFFERTY: Yes. It's -- you know, it's -- two huge questions. Are they going to have the election, and what's going to happen January 31?

HEMMER: Oh, yes.

CAFFERTY: I mean, that's -- you know, that's the great unknown.

(CROSSTALK)

O'BRIEN: I don't think there's any reason to believe that they're not going to have the elections. I mean, in spite of all the violence, it keeps moving in that direction.

CAFFERTY: Yes. Well...

HEMMER: Thirty-eight days to go. Thank you, Jack.

CAFFERTY: Sure.

HEMMER: "90-Second Pop" in a moment here on a Wednesday morning. Have a look and a listen here.

(BEGIN VIDEOTAPE)

(MUSIC)

HEMMER (voice-over): On the tennis court, she doesn't fool anyone. But off it, Anna Kournikova may have just pulled the wool over everyone's eye.

(COMMERCIAL BREAK)

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Aired December 22, 2004 - 8:59   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Did the attack on U.S. troops in Mosul come from the outside or within? Evidence found in kitchen equipment that could point to a planted bomb.
And a blast of snow and ice hitting the Midwest just in time for Christmas travel. It's dangerous driving on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.

BILL HEMMER, CNN ANCHOR: Good morning, everybody, 22nd day in December. And welcome. 9:00 here in New York City. Good to have you along with us today.

Good morning to you as well.

O'BRIEN: Likewise.

HEMMER: Sarah Bernard said you look like Tina Fey today.

O'BRIEN: Oh, I know. I'm telling her -- well, I have an eye thing.

HEMMER: I think you look great. And welcome back. Great to have you back with us.

O'BRIEN: Thank you. Thank you.

HEMMER: We are now getting again today firsthand accounts of what happened in Mosul yesterday. It was right around this time when we got the first reports.

In a moment, you'll hear from one general in Iraq working that story. Thomas Metz with us, tell us about the investigation.

Also, we'll hear from a woman whose husband called as it was happening. Her story from the other end of the very, very important phone call. We'll get to both angles in a moment.

O'BRIEN: Also this morning, a story of just how important communication, the final word from a loved one at war can be. We're going to talk to the father who wants Yahoo! to let him see his son's last e-mails before he was killed in Iraq. There are some serious legal questions though to answer. We'll talk about that.

HEMMER: And they are getting a massive amount of attention, too. People across the country trying to crack the code to help them out. O'BRIEN: Great support, yes, for that family.

HEMMER: All right.

Jack, good morning. How are you?

JACK CAFFERTY, CNN ANCHOR: Good morning, Bill.

How are the escalating incidents of violence like the thing in Mosul yesterday going to affect the upcoming elections which are scheduled just five weeks from now? Your thoughts, AM@CNN.com. We'll read some e-mails in a bit.

HEMMER: All right, Jack.

O'BRIEN: Let's get right to Carol Costello. She is with us this morning.

Hello.

CAROL COSTELLO, CNN ANCHOR: Hello. Good morning. Good morning, everyone.

"Now in the News," British Prime Minister Tony Blair taking part in a landmark visit to the Middle East. The prime minister arrived in Ramallah within the last two hours.

He is the first foreign leader to make the trip since the death of Yasser Arafat. Earlier this morning, Blair met with Israeli Prime Minister Ariel Sharon. He also announced an upcoming Middle East peace conference. That is set to take place in London.

Here in the United States, cleanup still under way after a fiery tanker crash in the Washington, D.C. area right by the Pentagon. Authorities say an 18 wheeler carrying petroleum rolled over, burst into flames. The crash scene is in Arlington, Virginia, as I said, near the Pentagon.

At least one person was killed in the wreck. The interstate shut down for a few hours. And traffic is probably a nightmare right now. Oh, good luck to you.

Election officials in Washington Sate are expected to announce unofficial results today in a hotly-contested governor's race. Democrats say a third recount has Christine Gregoire ahead by eight votes, but Republicans say the race is too close to call. The final count is in limbo until the state supreme court rules on some 700 disputed ballots. The case goes before the court today.

And boy is she a little survivor. And we mean little.

A premature infant believed to be the smallest baby ever to survive is expected to be released from the hospital in just a few weeks. The baby, seen here with her twin -- you see the little one? She weighed in at just 8.6 ounces at birth. That's about the size of a can of soda. Isn't that amazing? She now weighs 2 pounds 10 ounces. The baby's mom calls her a great blessing and is looking forward to bringing both of her babies home.

O'BRIEN: Wow.

HEMMER: Amazing.

O'BRIEN: That's scary, huh, to bring home -- to see something that tiny?

COSTELLO: It would fit in the palm of your hand.

O'BRIEN: That's amazing.

COSTELLO: Yes.

O'BRIEN: All right.

COSTELLO: But they're going to be OK.

O'BRIEN: That's good news. That's so scary. Good for them. Thank you, Carol. Appreciate it.

Well, this morning in Iraq, the FBI on the scene of yesterday's deadly attack at a dining hall at a military base in Mosul. They're trying to figure out just how the attack was carried out.

A number of theories swirling about. More on that is just ahead.

But first, at least 22 people were killed, including 14 American soldiers, four U.S. contractors and four Iraqi security workers. Seventy-two others were wounded, 51 of them soldiers. The Iraqi militant group Jaish Ansar Al-Sunnah has taken responsibility for that attack.

In less than an hour, some of the wounded in the attack are expected to arrive at the Landstuhl Medical Center. It's just a short distance from Ramstein Air Base in Germany, and that's where CNN's Matthew Chance is now there, with more for us.

Matthew, what's the latest on this investigation that's now under way?

MATTHEW CHANCE, CNN CORRESPONDENT: Soledad, it's a bitterly cold day here in southern Germany at the Ramstein Air Base as we wait for this plane to come in from Iraq, from the air base of Balad, north of the capital, Baghdad, carrying what we now understand to be between 40 and 50 of the injured survivors from that devastating attack in Mosul. Some of them, at least eight of them, in fact, accord to military officials here, said to be in critical condition.

They'll be arriving at this air base, as I say, in Ramstein, where they'll be transported immediately to the Landstuhl medical facility, which is just a short distance down the road from here. It's the biggest U.S. military hospital outside of the United States itself.

There, they'll get the kind of specialist attention, the kind of intensive care they need, that will be enough to stabilize them before they can be sent on an aircraft back home to the United States. And that could take just a few hours for some of those individuals, or it could take as long as a week or even more, depending on the severity of the injuries. And we know from the doctors on the ground here that they're expecting some extremely serious injuries indeed as a result of this explosion in Mosul -- Soledad.

O'BRIEN: One has to imagine, considering the time of the year and the complete surprise of this attack, that they are somewhat unprepared at Ramstein. Is that right?

CHANCE: Well, at Landstuhl and at Ramstein, yes, this was certainly an unexpected attack because there wasn't any kind of offensive under way. No battle under way like we saw in Falluja a few weeks back, or in Najaf a few months back.

And so the authorities here, the military authorities, were not really prepared for it. It's also obviously the holiday period. And a lot of people, a lot of medical staff, have been given time off to spend with their families. And so there's something of a frantic sort of effort under way right now at the hospital in Landstuhl to get all this staff rounded up, to get all the specialists, medical teams on the ground, ready to give these soldiers the treatment they'll need when they finally arrive in about an hour from now -- Soledad.

O'BRIEN: Matthew Chance, we're going to keep checking in with you all morning on this story. Thanks, Matthew. Appreciate it -- Bill.

HEMMER: At first, officials thought a rocket was to blame for that attack. This morning, nothing is being ruled out, including the possibility of a bomb planted inside the mess hall.

That theory developed after tiny holes were found in steel kitchen equipment, suggesting shrapnel there. I talked with Lieutenant General Thomas Metz of the U.S. Army earlier today about that very issue here on AMERICAN MORNING.

(BEGIN VIDEOTAPE)

LT. GENERAL THOMAS METZ, COMMANDER, MULTINATIONAL CORPS IN IRAQ: That's certainly a possibility. And that's the reason we have our experts up there. They will be able to figure out exactly what caliber munition and type of indirect fire.

If it was indirect, if it was a bomb, I think they will be able to figure out the size and the kinds of materials that were put into it. But our experts are there right now doing that investigation.

HEMMER: Soldiers were inside this tent, dining hall. Very soft- skinned canvas-type of covering. Is there a better option, though, for keeping soldiers at a military base now anywhere in Iraq safer than a canvas protection would provide? METZ: Well, there certainly is. And we have been looking at force protection parameters not only for dining facilities, but for other places where you have large gatherings. We have morale and welfare centers, gymnasiums. All those are places we want to add protection.

In fact, we are in the process of constructing a hardened dining facility a couple blocks away from this one. And it is scheduled to be done in February.

HEMMER: General, if you can hear me -- I know there is overhead aircraft there -- can you determine whether or not this must have been an inside job, some sort of insider information that would allow the insurgents to know that at noontime at this base in northern Mosul, the majority of the U.S. soldiers are gathering at that point? Can you confirm that?

METZ: Well, certainly I think it's common knowledge that coalition soldiers gather at lunchtime. But I think from the previous attacks on that particular forward operating base, they were -- they were rather random.

The enemy cannot stay in one place long to attack us. Therefore, his accuracy is pretty poor. An inside job. I wouldn't take it that far to say we necessarily have someone on the inside directing the fire. But he's got a good idea of where our forward operating bases are, and may at this stage have an idea of where particular facilities on the base are.

HEMMER: General, one more thought here. And I want to give our viewers a little more insight, and possibly military families watching this here in the U.S. as well. What kind of security measures are in place that would prevent, from this point forward, anyone planting a bomb inside a mess hall anywhere in the country of Iraq?

METZ: Well, force protection is part of our combat power. We are constantly evaluating force protection.

We have a great tactics, techniques and procedures for people coming and going off of these forward operating bases. We have internal security that's checking people, places that are -- the enemy shouldn't be or are highly -- or were classified.

We look at people even closer. We're putting barriers up that degrade incoming rounds. There's constantly an evaluation of force protection that goes on to protect our soldiers.

(END VIDEOTAPE)

HEMMER: And again, that was Lieutenant General Thomas Metz, U.S. commander in Iraq, a bit earlier today here on AMERICAN MORNING. The investigation continues -- Soledad.

O'BRIEN: Much of this country this morning is preparing for a winter wallop, and a very white Christmas as well. Here's some of the latest. Major snow and ice band bearing down on the Midwest. Up to a foot of snow or more possible in some areas. And significant ice storms are expected in Kentucky and Ohio; Indiana also bracing for the storm. And so is Jacqui Jeras. She's live in Evansville, in Indiana, for us this morning.

(WEATHER REPORT)

HEMMER: Jay Leno had some fun with the weather last night. Listen here.

(BEGIN VIDEO CLIP)

JAY LENO, TALK SHOW HOST: It was so cold in New York, Bernard Kerik got into bed with his own wife. That's how cold -- actually, San Francisco, also. It was so cold in San Francisco, Barry Bonds got into a snowball fight, killed three people, OK?

(END VIDEO CLIP)

O'BRIEN: He's had a lot of cheap shots lately. You know? Don't you think?

HEMMER: In a moment, Donald Trump, Paris Hilton, Eminem, all leaving their mark in 2004. But one software engineer out of Salt Lake City may have outdone them all.

O'BRIEN: Also this morning, the president talked about legalizing drug imports during the campaign. Why the administration's about-face now.

HEMMER: And Yahoo!'s privacy policy well intentioned, but it's outraged the family of a fallen Marine. Find out why when you meet his father this morning.

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O'BRIEN: The family of a fallen Marine is fighting for access to their son's e-mail. But Yahoo! says that Justin Ellworth's account is off limits because of its privacy policy, which states you agree that your Yahoo! account is nontransferable, and any rights to you I.D. or contents within your account terminate upon your death.

The 20-year-old Ellsworth was killed last month by a roadside bomb in Iraq. Justin's father, John Ellsworth, joins us from Southfield in Michigan.

Mr. Ellsworth, thank you for being with us. We certainly appreciate it. And our condolences go out to you. It's a terrible thing for an father to have to bear, the death of a son. Your son was killed about five weeks ago, is that right?

JOHN ELLSWORTH, WANTS ACCESS TO SON'S E-MAIL: Yes, he was killed November 13. And good morning, Soledad.

O'BRIEN: Good morning. Was e-mail the primary way that the two of you were communicating?

ELLSWORTH: Actually, it was one of the many ways. We had a message board set up for him so we could -- he could post one message to several -- obviously, lots of people. And we could ask simple questions, and he could have one answer instead of 40 people asking him the same questions. So e-mail was one of the very prime ways that we did communicate.

O'BRIEN: Do you know who else he was communicating with outside of that message board?

ELLSWORTH: We had a very large group set up on his computer, over 40 different people that would e-mail him. And he would try to respond as best he could. But the message board was the main way. But he did get communications, e-mails, from all around the nation, even from people he didn't know.

O'BRIEN: You want access to those e-mails. And you well know Yahoo!'s privacy policy. Why do you want to see e-mails that, frankly, he didn't send to you?

ELLSWORTH: Well, he didn't -- I think what it was is he didn't have a chance to send them to me.

We had discussed that. We were going to print them out and post them in an -- in an album for future generations, his brothers and sisters, and just as a reminder of the times we -- and, Soledad, I don't think it's any different than the letters from home from World War II or Vietnam that the families have gotten and kept as keepsakes throughout the years.

I think this has just brought us to a different forefront in communication. And I think we really need to address what -- who owns this property. And I guess that's probably what it all comes down to.

O'BRIEN: Because, of course, those letters -- well, you talk about previous wars -- would become the person's personal property that frankly would have been hand delivered to the family. Here's what Yahoo! had to say about their privacy statement.

"What all of us involved are looking for is a path that upholds individual privacy and also fully respects the family's request. Currently, the circumstance under which we can release e-mail is after appropriate findings have been made by a court."

You can understand their privacy concerns there. I mean, it sort of is the slippery slope argument to some degree. What do you think of their argument?

ELLSWORTH: Well, no, and I tend to agree that there are some privacy issues that need to be addressed. And that's probably what I'm doing more than anything right now, is hopefully we can come to an agreement, a solution. We're in uncharted territory. And I think we need to address this.

I think this is something that needs to be dealt with. I don't want regulations. I think there's enough government as it is. But I think what we need to do is have an option.

Maybe -- when e-mails -- when you sign up, you have an option to, upon your demise, to be able to turn this over to your family as personal property, which I think the courts will ultimately find. But that's obviously for a future -- future date.

O'BRIEN: And you certainly have gotten lots of support. I know there's outpouring of support from the community generally, but also an outpouring of support from lawyers who say they'd be happy to help you with a case. Also, people who crack into computers.

Are you going to take both of those up, break into -- frankly, if you got his password, you'd be able to get access without going through the legal channels. Which way are you going to go?

ELLSWORTH: I think in Justin's honor, the only thing that we can do as a family is uphold the integrity that Justin stood for. And we would not -- I have discussed this. In fact, I have been in communication with the vice president of communications for Yahoo!, Brad Garlinghouse, and I went to great length with him to assure him that we would be doing this with integrity.

It is now our intention to hack in. We've had -- like you say, Soledad, we've had plenty of offers to -- to do such a thing. And I don't think that would be the right way to do it. I would rather address this in the forefront and be able to have the options available for the future so no other family has to go through this.

O'BRIEN: You're going to go to court then?

ELLSWORTH: If necessary. I think we might be able to come to an understanding or an agreement, and hopefully maybe change some policies with Yahoo!.

O'BRIEN: Well, the clock's ticking to some degree. I know that Yahoo! has the right to get rid of the account, to erase it essentially, February 1. Good luck to you. John Ellsworth joining us this morning.

Thanks for your time. We appreciate it.

ELLSWORTH: Thank you very much. I appreciate it.

O'BRIEN: Bill.

HEMMER: A tough, tough time for that family.

If you're dreaming of a white Christmas this year, you might want to take that one back after this week. Where the snow's falling in a moment.

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O'BRIEN: Welcome back, everybody. The "Question of the Day" involves the insurgency in Iraq. CAFFERTY: Yes. The escalating violence ahead of the elections, Soledad, and the situation in Mosul yesterday. Is this the kind of thing that ultimately will affect the elections, which are now set for January 30?

John in Monroe, Louisiana, says, "When insurgents can infiltrate the troop's own eating quarters, they can surely infiltrate voting locations. When so much is at stake, who in their right mind would hold elections amidst the continued type of danger? The danger may never fully go away, but this is definitely not the time to hold elections."

David writes: "Jack, the long-awaited election in Iraq should proceed as quickly as possible, followed by our hasty exit from that country."

Hal in Chandler, Arizona, "The elections are a farce. If they didn't want a democracy for the last 7,000 years, there's no reason to believe they want one now."

And John in Naples writes: "Can you be so foolish as to believe that elections are going to stop this? The bigger picture is that of a region that is violently converting itself to Islamic rule. Saudi Arabia is next, and I hope we have something figured out for that one."

O'BRIEN: That's an interesting point.

CAFFERTY: Yes. It's -- you know, it's -- two huge questions. Are they going to have the election, and what's going to happen January 31?

HEMMER: Oh, yes.

CAFFERTY: I mean, that's -- you know, that's the great unknown.

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O'BRIEN: I don't think there's any reason to believe that they're not going to have the elections. I mean, in spite of all the violence, it keeps moving in that direction.

CAFFERTY: Yes. Well...

HEMMER: Thirty-eight days to go. Thank you, Jack.

CAFFERTY: Sure.

HEMMER: "90-Second Pop" in a moment here on a Wednesday morning. Have a look and a listen here.

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HEMMER (voice-over): On the tennis court, she doesn't fool anyone. But off it, Anna Kournikova may have just pulled the wool over everyone's eye.

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