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CNN Saturday Morning News

Bush: Bin Laden Can Not Intimidate Voters; Kerry Makes Case on Security

Aired October 30, 2004 - 08:00   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.


BETTY NGUYEN, CO-HOST: Cherilynn from Jackson Hole, Wyoming writes, "We can not let bin Laden influence our decision to vote regardless of our political affiliation. The emergence of the tape four days before the election is bin Laden's attempt at political extortion."
And of course, we invite you to send in your responses to WAM@CNN.com. And we'll read those on the air.

TONY HARRIS, CO-HOST: The next hour of CNN SATURDAY MORNING begins right now.

From the CNN Center, this is CNN SATURDAY MORNING. It is October 30, 8 a.m. here at CNN headquarters in Atlanta and 5 a.m. on the West Coast. Good morning, everyone. I'm Tony Harris.

NGUYEN: And I'm Betty Nguyen. Thanks much for being with us today.

Now in the news, terrorism experts say an 18-minute videotape is almost certainly Osama bin Laden. They're also confident the tape was made recently, possibly last Sunday, which is the date on the tape. Bin Laden speaks on the video for nearly 15 minutes. Officials have not said what is on the remaining three minutes.

Yasser Arafat faces a battery of medical tests to pinpoint the cause of low blood platelets. The Palestinian leader arrived yesterday at a military hospital in Paris, suffering from flu and an unknown blood disorder. It was the first time Israel had permitted Arafat to leave the West Bank in nearly three years.

Rapper R. Kelly followed his show last night at Madison Square Garden with a trip to the hospital. According to the Associated Press, someone got him with pepper spray during that concert. He was listed in stable condition.

And enjoy Daylight Savings Times while it lasts, because this is the last day for it. At 2 a.m., clocks and watches should be set back one hour in most states, which means we gain an hour. For most people, that extra hour will lead to snoozing on Sunday morning.

HARRIS: We have a lot of ground to cover this hour, including tales of terror and damning allegations. After months of largely staying underground, Osama bin Laden is apparently coming out again with a taped message to the American public. We'll tell you what he says and try to figure out what it all means.

And with just three more days to go, what effect might this new development have on the presidential race and how are the candidates responding? A live report straight ahead.

And it may be Halloween, but this man is not in costume. You could say his party suit doubled as a prison suit. So why was he recently the life of the party? You won't want to miss this story.

But up first this hour, an ominous image from an elusive figure. It's an October surprise no one was expecting. Terrorist mastermind Osama bin Laden is back with a new videotape touting tales of terror, blasting Bush and Kerry, and apparently trying to establish a direct dialogue with the American people.

Here's part of what he said.

(BEGIN VIDEO CLIP)

OSAMA BIN LADEN, AL QAEDA LEADER (through translator): Your security is not in the hands of Kerry or Bush or al Qaeda. Your security is in your own hands. Each state, which will not play with our own security by default will secure themselves.

(END VIDEO CLIP)

HARRIS: Now the government is pouring over every word of the tape, looking for any hidden messages or covert clues of a possible terrorist attack.

One question on virtually everyone's mind, why this tape and why now? We asked CNN terrorism analyst Peter Bergen in the last hour.

(BEGIN VIDEO CLIP)

PETER BERGEN, CNN TERRORISM ANALYST: He seems to be in reasonably good health, and as you said, sitting behind a desk, clearly pretty comfortable. I think the comfort level of the fact that both bin Laden and Ayman al-Zawahiri have, for the first time in years, released videotaped statements indicates that they feel pretty secure.

(END VIDEO CLIP)

HARRIS: Bergen will join with us more analysis of Osama bin Laden's new videotape in about an hour.

NGUYEN: Turning now to the presidential race, and our daily poll position, tight is the only way to describe it. Our latest poll of polls gives Bush a three-point advantage. He leads Senator Kerry 49 percent to 46 percent. The poll is an average of six leading national polls.

So every hug, every handshake and seemingly every word counts now, as Bush and Kerry trot out one final weekend to ask for the public's trust with the keys to the White House for four years. CNN is covering the race from all angles. Our Kelly Wallace is in Appleton, Wisconsin with the Kerry campaign. But we want to begin now in Columbus, Ohio, where our Elaine Quijano reports on the president's plans.

Good morning, Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Good morning to you, Betty.

President Bush hits the campaign trail once again today in full force. Le start with a tour of battleground states, starting with Michigan, then moving on to Wisconsin, Minnesota and Florida.

But last night in a rally here in Columbus, Ohio, the president appearing alongside California Governor Arnold Schwarzenegger, did mention the Osama bin Laden tape. He did it during a jab at Senator Kerry, the president attacking Kerry for saying Osama bin Laden slipped away in Afghanistan under the president's watch.

Now, before this stop in Columbus, the president commented on the tape.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH (R), PRESIDENT OF THE UNITED STATES: Let me make this very clear. Americans will not be intimidated or influenced by an enemy of our country.

(END VIDEO CLIP)

QUIJANO: Now what impact will this have politically? Bush aides are being very cautious in how they talk about this publicly. But most concede that, because the president enjoys favorable poll numbers when it comes to the issues of terrorism, they believe that this will ultimately help the president.

On the other hand, some aides are also acknowledging that the very existence of this tape is a reminder that the man behind September 11 has still not been brought to justice -- Betty.

NGUYEN: CNN's Elaine Quijano this morning for us, thank you -- Tony.

HARRIS: Three days to go, three states to cross. With so little time and to much to do, John Kerry is hitting the ground hard this weekend.

Our Kelly Wallace is in Appleton, Wisconsin, where the senator will make an appearance.

Good morning, Kelly.

KELLY WALLACE, CNN CORRESPONDENT: Tony, it's clear, just three days to go, the race ever so close. Charges, countercharges from both campaigns, because the Kerry campaign advisers holding an unusual conference call last night. And in that conference call, they were accusing the White House, President Bush and his advisers of being the ones to play politics with this Osama bin Laden tape, these advisors saying that when Senator Kerry did an interview with the Wisconsin television station, he was aware of the bin Laden tape but he didn't know the specifics.

And in that interview, he talked about how he believes that President Bush had an opportunity to get Osama bin Laden at Tora Bora and that he, quote, "outsourced" that to Afghan warlords.

Bush/Cheney aides continue to criticize the Senator for that, saying those comments were refuted by American military commanders.

Well, then, the senator, after making those comments, he was briefed by his top national security adviser about this tape, and then he went before reporters to talk about it.

Here's what he said.

(BEGIN VIDEO CLIP)

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: In response to this tape of Osama bin Laden, let me just make it clear, crystal clear. As Americans, we are absolutely united in our determination to hunt down and destroy Osama bin Laden and the terrorists. They are barbarians.

And I will stop at absolutely nothing to hunt down, capture, or kill the terrorists wherever they are, whatever it takes, period.

(END VIDEO CLIP)

WALLACE: And after that, the Senator was at a rally in Miami with Bruce Springsteen, and there he made no mention of the tape, made no mention of Tora Bora, just talked about the war on terrorism, trying to make the case that he, unlike President Bush, can keep the country safe.

Well, we are expecting the Senator to try and continue that line, that argument on this day when he travels from Wisconsin to Iowa and Ohio.

There is a challenge here, though, Tony, for Senator Kerry, because throughout this campaign over these several weeks he continues to trail President Bush in some polls by nearly 20 points when it comes to who can better handle terrorism.

What he is trying to do in these closing days is make an argument that he would be the better choice, not President Bush, on Tuesday -- Tony.

HARRIS: And time is running out. Kelly Wallace with the Kerry campaign. Kelly, thank you.

HARRIS: John Kerry's running mate, John Edwards, has been blazing up the campaign trail for real. His campaign plane had to make an emergency landing in North Carolina last night, that after an ABC crew's camera battery blew up and sparked a small fire on board. No one was injured. The plane took off again later.

The battle for the White House goes through your back yard, and CNN is there. Paula Zahn hosts a town meeting, live from Florida Monday night. Can't make it to the Sunshine State Monday? Well, just log on to CNN.com/Paula and send your questions for the Bush and Kerry camps.

NGUYEN: Well, sending harassing messages over the Internet: an obscure telecom law gives prosecutors the weapons they need to convict a cyber stalker. That is ahead in our legal briefs.

And are you thinking about heading over to a body shop? Well, today on "HOUSE CALL," what you need to know when considering plastic surgery.

(COMMERCIAL BREAK)

HARRIS: Hip-hop superstar P. Diddy and MTV get credit for trying to mobilize young voters and get them to the polls on election day. Is it working? We hear from young America live on CNN SATURDAY MORNING at 9 a.m. Eastern.

(COMMERCIAL BREAK)

NGUYEN: Well, good morning, New Orleans.

HARRIS: New Orleans.

NGUYEN: If you're waking up this morning in the Big Easy, it's a little cloudy there. This is a live look from our affiliate WWL there. They're celebrating to the north in Rayville the tenth annual Swamp Stomp. Tony, I don't know if you've ever been to one of those.

HARRIS: No, no. Can't say I have.

NGUYEN: It's hosted by country superstar and heart throb to many women out there, Tim McGraw.

HARRIS: So that's going on in New Orleans. And you know, there's a bitty -- a bitty?

NGUYEN: A little bitty.

HARRIS: A pretty big parade scheduled for a couple of hours in Boston.

NGUYEN: That's not bitty at all.

HARRIS: No, it's huge. And floats and boats in the water, in the Charles River.

NGUYEN: Duck boats, as they call it, Rob.

HARRIS: Folks are concerned about the weather there. ROB MARCIANO, CNN METEOROLOGIST: Maybe the -- maybe the good old-fashioned New England duck boots wouldn't be so bad.

HARRIS: Not at all.

(WEATHER REPORT)

NGUYEN: That's the truth. Thank you, Rob.

HARRIS: Rob, thank you.

Our top story this hour, U.S. government authorities are studying the new videotape of Osama bin Laden. They're looking for hidden messages or clues to any possible future attacks on the U.S.

Since that tape was released, President Bush and Senator Kerry have turned up the rhetoric over who can best keep America safe. President Bush stumps in Michigan, Wisconsin and Minnesota today. And then he caps the night in Florida. Senator Kerry will be in Wisconsin, Iowa and Ohio.

Now to Boston and a major league party. It's a big celebration for the Red Sox and their fans. A parade honoring the team's first World Series win in 86 years kicks off in a couple of hours. Millions of fans are expected.

NGUYEN: And when celebrating, that can land you in a bit of hot water in certain instances. One judge was so happy to sentence a man she threw a party in the courtroom. Now, though, she can face her own problems.

HARRIS: And ahead on "HOUSE CALL," what you need to know before you go under the knife.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Two reasons: one, we have a war going on. Two, because of the events of 9/11. And three, I'm now a tax paying citizen, so it's more important to me than before.

UNIDENTIFIED MALE: Because I want to be a part of my country's decisions, whatever. This is the first time I've been able to vote.

(COMMERCIAL BREAK)

NGUYEN: It is a landmark court case, a cyber stalker prosecuted.

Also, how ethical is this? A judge throws a party in her courtroom to celebrate the capture of a fugitive.

Plus the evidence is all in and the testimony over. Scott Peterson's case is about to go to the jury. Closing arguments in that case are set for Monday.

Three cases on the docket this morning in our "Legal Briefs," and we start in Seattle, where a man who admitted cyber stalking his ex- girlfriend for six years is sentenced to five months' probation.

Now this case took a lot of work, because there was no state law against what the suspect was doing. A federal prosecutor eventually found a little used obscure amendment to a federal telecommunications law to bring the suspect to court. This case has actually brought about a new state law.

And we want to bring in our legal panel now to discuss all of this. Good morning to former prosecutor Nelda Blair in Houston.

NELDA BLAIR, FORMER PROSECUTOR: Good morning.

NGUYEN: And defense attorney Lida Rodriguez-Taseff in Miami.

LIDA RODRIGUEZ-TASEFF, DEFENSE ATTORNEY: Good morning.

NGUYEN: Well, Nelda, let's start with you. This little -- this obscure law led to the prosecution in this case of the cyber stalking. Is this something we're going to see more and more of?

BLAIR: Absolutely. It's the only way that the law can keep up with technology, because obviously it moves a lot slower.

This man messed with the wrong two women. His ex-girlfriend, who not only testified before the state legislature but actually got a law passed to illegalize stalking on the Internet, and the U.S. attorney, assistant attorney, who was also a woman, who did research and really, really tried, kept after it, even after she was turned down for search warrants. She went in and prosecuted this man and got a conviction for cyber stalking.

He had really, really affected his ex-girlfriend's life, her safety, her job, and he needed to be put away.

NGUYEN: But Lida, if there are no physical threats, what kind of legal recourse can you have?

RODRIGUEZ-TASEFF: Well, that's the whole idea. Cyber stalking should be just like regular stalking, only on the Internet, meaning that mere speech, even if it's a little bothersome or offensive, should not be sufficient.

So as these laws are created, they should be created to make illegal conduct on the Internet that causes people fear, that puts them in fear for their life or their safety.

I absolutely believe that they had this in this case, because this man was giving out this woman's private information: her phone numbers, her work number, her -- information about her sex life, all sorts of things. So she did have an argument she was put in fear for life or safety.

However, we should be very careful not to simply criminalize conduct on the Internet or communications on the Internet, because the Internet is all about creating a safe, public forum for people to have discourse, whether they like it or not. NGUYEN: All right. Nelda, we want to shift gears a little bit and move on to the Scott Peterson case.

BLAIR: Right.

NGUYEN: The judge ruled yesterday that the jury can decide on a lesser murder charge that would spare Peterson the death sentence. Why? Why was this brought in now?

BLAIR: Oh, the judge has seen that there's enough evidence to possibly convict him, obviously, of the capital murder. But also, there's evidence that he might be just convicted of a lesser type of murder.

And in this case, the jury is going to be able to consider that, because of the evidence that's presented. I think the judge was right in doing this.

But I've got to tell you, the prosecution has presented such a good case, a good circumstantial case against Peterson and the defense has absolutely done nothing. They brought in mommy and daddy as their star witnesses. So I wouldn't be surprised if the jury goes ahead and convicts him of the ultimate.

NGUYEN: So Lida, is this, I guess, a good thing for the defense, or is it really working to the prosecution's hand, because it seems likely maybe there might be a conviction now, since there's a lesser charge.

RODRIGUEZ-TASEFF: Unfair advantage to the prosecution. Nelda, I completely disagree with you.

The prosecution in this case started out by saying that they couldn't prove how, when or where Scott Peterson committed this murder, but because they knew he planned it, and they could prove that he planned it, then they could prove first degree murder.

Well, now it turns out that they can't even prove that he planned it. That's why they requested this second degree murder instruction, because that way, they don't have to prove premeditation.

But you know, what Geragos pointed out and what people need to be wary of is the fact that they've already conceded they can't prove how, when or where. Now they're conceding that they can't prove premeditation. It would be unfair to convict of second degree murder, and it would be even more unfair to convict of first degree murder, since they have not proven their case.

NGUYEN: All right. I have to jump in here, Nelda. We've got to move on quickly.

You're a Texas prosecutor. Let's talk about this Texas judge throwing a party for someone who's sentenced now to life in prison. Is she breaking some ethical boundaries here?

BLAIR: No, no, this is Texas. We're tough on criminals. This man was a domestic violent offender, severe. He choked his girlfriend until she was unconscious. He has a huge file of former domestic violence offenses. He jumped bail.

He didn't show up for his hearing. He was on the lam for a year. And this judge is embarrassing him by having balloons in a courtroom? I am very sorry if he's offended, but that's the way we treat criminals in Texas.

NGUYEN: But Lida, did she jump over the line, throwing a party?

RODRIGUEZ-TASEFF: You know, it is Texas, and the rules are different there, but she absolutely did.

Judges are required to exercise decorum in their courtroom. They're supposed to treat all criminals, convicted or not, with dignity. And the process is so respectful because, when you, if this guy has done all of these horrible things, you don't want to diminish them by throwing a party. A party is a happy event. Balloons do not belong in a courtroom. Even in Texas.

The problem with this is that it also taints the judge with -- with the brush of not being impartial. Next time one of these offenders comes to her court, they're going to try to get her recused of their case, because they're going to say...

BLAIR: No, no.

NGUYEN: All right, ladies.

RODRIGUEZ-TASEFF: Nelda, you know I'm right even in Texas.

NGUYEN: All right, even in Texas we are out of time, no matter what state you're in this morning. Thank you, Nelda and Lida.

BLAIR: Thank you.

RODRIGUEZ-TASEFF: Thank you.

NGUYEN: All right, Tony.

HARRIS: Quickly, we've got an e-mail. It's a good one, and Jan, we know you're watching. You'll love to hear this one back on the air, I'm sure.

And the e-mail response is to this question whether or not you believe that the bin Laden tape will influence the way you think and the way you vote in this coming election.

And here's Jan's response: "Are you kidding? Do you honestly believe any American would allow the speech of self-avowed terrorist and mastermind of the 9/11 attacks to influence their vote? What's next, a bin Laden puppet on 'Sesame Street' because he is such a charismatic speaker?"

Jan, thank you for the e-mail. Just send them along to us and we will read your e-mail responses throughout the morning.

NGUYEN: Well, getting out the youth vote, it's the battle cry of many celebrities to their 20-something crowd. We'll ask two college students if the message is really making a difference.

HARRIS: And are shows like "Extreme Makeover" and "The Swan" making beauty dangerously inviting? Find out what the experts say today on "HOUSE CALL."

I'm Tony Harris.

NGUYEN: And I'm Betty Nguyen. "HOUSE CALL" with Dr. Sanjay Gupta is straight ahead. We're back at the top of the hour.

(COMMERCIAL BREAK)

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Aired October 30, 2004 - 08:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BETTY NGUYEN, CO-HOST: Cherilynn from Jackson Hole, Wyoming writes, "We can not let bin Laden influence our decision to vote regardless of our political affiliation. The emergence of the tape four days before the election is bin Laden's attempt at political extortion."
And of course, we invite you to send in your responses to WAM@CNN.com. And we'll read those on the air.

TONY HARRIS, CO-HOST: The next hour of CNN SATURDAY MORNING begins right now.

From the CNN Center, this is CNN SATURDAY MORNING. It is October 30, 8 a.m. here at CNN headquarters in Atlanta and 5 a.m. on the West Coast. Good morning, everyone. I'm Tony Harris.

NGUYEN: And I'm Betty Nguyen. Thanks much for being with us today.

Now in the news, terrorism experts say an 18-minute videotape is almost certainly Osama bin Laden. They're also confident the tape was made recently, possibly last Sunday, which is the date on the tape. Bin Laden speaks on the video for nearly 15 minutes. Officials have not said what is on the remaining three minutes.

Yasser Arafat faces a battery of medical tests to pinpoint the cause of low blood platelets. The Palestinian leader arrived yesterday at a military hospital in Paris, suffering from flu and an unknown blood disorder. It was the first time Israel had permitted Arafat to leave the West Bank in nearly three years.

Rapper R. Kelly followed his show last night at Madison Square Garden with a trip to the hospital. According to the Associated Press, someone got him with pepper spray during that concert. He was listed in stable condition.

And enjoy Daylight Savings Times while it lasts, because this is the last day for it. At 2 a.m., clocks and watches should be set back one hour in most states, which means we gain an hour. For most people, that extra hour will lead to snoozing on Sunday morning.

HARRIS: We have a lot of ground to cover this hour, including tales of terror and damning allegations. After months of largely staying underground, Osama bin Laden is apparently coming out again with a taped message to the American public. We'll tell you what he says and try to figure out what it all means.

And with just three more days to go, what effect might this new development have on the presidential race and how are the candidates responding? A live report straight ahead.

And it may be Halloween, but this man is not in costume. You could say his party suit doubled as a prison suit. So why was he recently the life of the party? You won't want to miss this story.

But up first this hour, an ominous image from an elusive figure. It's an October surprise no one was expecting. Terrorist mastermind Osama bin Laden is back with a new videotape touting tales of terror, blasting Bush and Kerry, and apparently trying to establish a direct dialogue with the American people.

Here's part of what he said.

(BEGIN VIDEO CLIP)

OSAMA BIN LADEN, AL QAEDA LEADER (through translator): Your security is not in the hands of Kerry or Bush or al Qaeda. Your security is in your own hands. Each state, which will not play with our own security by default will secure themselves.

(END VIDEO CLIP)

HARRIS: Now the government is pouring over every word of the tape, looking for any hidden messages or covert clues of a possible terrorist attack.

One question on virtually everyone's mind, why this tape and why now? We asked CNN terrorism analyst Peter Bergen in the last hour.

(BEGIN VIDEO CLIP)

PETER BERGEN, CNN TERRORISM ANALYST: He seems to be in reasonably good health, and as you said, sitting behind a desk, clearly pretty comfortable. I think the comfort level of the fact that both bin Laden and Ayman al-Zawahiri have, for the first time in years, released videotaped statements indicates that they feel pretty secure.

(END VIDEO CLIP)

HARRIS: Bergen will join with us more analysis of Osama bin Laden's new videotape in about an hour.

NGUYEN: Turning now to the presidential race, and our daily poll position, tight is the only way to describe it. Our latest poll of polls gives Bush a three-point advantage. He leads Senator Kerry 49 percent to 46 percent. The poll is an average of six leading national polls.

So every hug, every handshake and seemingly every word counts now, as Bush and Kerry trot out one final weekend to ask for the public's trust with the keys to the White House for four years. CNN is covering the race from all angles. Our Kelly Wallace is in Appleton, Wisconsin with the Kerry campaign. But we want to begin now in Columbus, Ohio, where our Elaine Quijano reports on the president's plans.

Good morning, Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Good morning to you, Betty.

President Bush hits the campaign trail once again today in full force. Le start with a tour of battleground states, starting with Michigan, then moving on to Wisconsin, Minnesota and Florida.

But last night in a rally here in Columbus, Ohio, the president appearing alongside California Governor Arnold Schwarzenegger, did mention the Osama bin Laden tape. He did it during a jab at Senator Kerry, the president attacking Kerry for saying Osama bin Laden slipped away in Afghanistan under the president's watch.

Now, before this stop in Columbus, the president commented on the tape.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH (R), PRESIDENT OF THE UNITED STATES: Let me make this very clear. Americans will not be intimidated or influenced by an enemy of our country.

(END VIDEO CLIP)

QUIJANO: Now what impact will this have politically? Bush aides are being very cautious in how they talk about this publicly. But most concede that, because the president enjoys favorable poll numbers when it comes to the issues of terrorism, they believe that this will ultimately help the president.

On the other hand, some aides are also acknowledging that the very existence of this tape is a reminder that the man behind September 11 has still not been brought to justice -- Betty.

NGUYEN: CNN's Elaine Quijano this morning for us, thank you -- Tony.

HARRIS: Three days to go, three states to cross. With so little time and to much to do, John Kerry is hitting the ground hard this weekend.

Our Kelly Wallace is in Appleton, Wisconsin, where the senator will make an appearance.

Good morning, Kelly.

KELLY WALLACE, CNN CORRESPONDENT: Tony, it's clear, just three days to go, the race ever so close. Charges, countercharges from both campaigns, because the Kerry campaign advisers holding an unusual conference call last night. And in that conference call, they were accusing the White House, President Bush and his advisers of being the ones to play politics with this Osama bin Laden tape, these advisors saying that when Senator Kerry did an interview with the Wisconsin television station, he was aware of the bin Laden tape but he didn't know the specifics.

And in that interview, he talked about how he believes that President Bush had an opportunity to get Osama bin Laden at Tora Bora and that he, quote, "outsourced" that to Afghan warlords.

Bush/Cheney aides continue to criticize the Senator for that, saying those comments were refuted by American military commanders.

Well, then, the senator, after making those comments, he was briefed by his top national security adviser about this tape, and then he went before reporters to talk about it.

Here's what he said.

(BEGIN VIDEO CLIP)

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: In response to this tape of Osama bin Laden, let me just make it clear, crystal clear. As Americans, we are absolutely united in our determination to hunt down and destroy Osama bin Laden and the terrorists. They are barbarians.

And I will stop at absolutely nothing to hunt down, capture, or kill the terrorists wherever they are, whatever it takes, period.

(END VIDEO CLIP)

WALLACE: And after that, the Senator was at a rally in Miami with Bruce Springsteen, and there he made no mention of the tape, made no mention of Tora Bora, just talked about the war on terrorism, trying to make the case that he, unlike President Bush, can keep the country safe.

Well, we are expecting the Senator to try and continue that line, that argument on this day when he travels from Wisconsin to Iowa and Ohio.

There is a challenge here, though, Tony, for Senator Kerry, because throughout this campaign over these several weeks he continues to trail President Bush in some polls by nearly 20 points when it comes to who can better handle terrorism.

What he is trying to do in these closing days is make an argument that he would be the better choice, not President Bush, on Tuesday -- Tony.

HARRIS: And time is running out. Kelly Wallace with the Kerry campaign. Kelly, thank you.

HARRIS: John Kerry's running mate, John Edwards, has been blazing up the campaign trail for real. His campaign plane had to make an emergency landing in North Carolina last night, that after an ABC crew's camera battery blew up and sparked a small fire on board. No one was injured. The plane took off again later.

The battle for the White House goes through your back yard, and CNN is there. Paula Zahn hosts a town meeting, live from Florida Monday night. Can't make it to the Sunshine State Monday? Well, just log on to CNN.com/Paula and send your questions for the Bush and Kerry camps.

NGUYEN: Well, sending harassing messages over the Internet: an obscure telecom law gives prosecutors the weapons they need to convict a cyber stalker. That is ahead in our legal briefs.

And are you thinking about heading over to a body shop? Well, today on "HOUSE CALL," what you need to know when considering plastic surgery.

(COMMERCIAL BREAK)

HARRIS: Hip-hop superstar P. Diddy and MTV get credit for trying to mobilize young voters and get them to the polls on election day. Is it working? We hear from young America live on CNN SATURDAY MORNING at 9 a.m. Eastern.

(COMMERCIAL BREAK)

NGUYEN: Well, good morning, New Orleans.

HARRIS: New Orleans.

NGUYEN: If you're waking up this morning in the Big Easy, it's a little cloudy there. This is a live look from our affiliate WWL there. They're celebrating to the north in Rayville the tenth annual Swamp Stomp. Tony, I don't know if you've ever been to one of those.

HARRIS: No, no. Can't say I have.

NGUYEN: It's hosted by country superstar and heart throb to many women out there, Tim McGraw.

HARRIS: So that's going on in New Orleans. And you know, there's a bitty -- a bitty?

NGUYEN: A little bitty.

HARRIS: A pretty big parade scheduled for a couple of hours in Boston.

NGUYEN: That's not bitty at all.

HARRIS: No, it's huge. And floats and boats in the water, in the Charles River.

NGUYEN: Duck boats, as they call it, Rob.

HARRIS: Folks are concerned about the weather there. ROB MARCIANO, CNN METEOROLOGIST: Maybe the -- maybe the good old-fashioned New England duck boots wouldn't be so bad.

HARRIS: Not at all.

(WEATHER REPORT)

NGUYEN: That's the truth. Thank you, Rob.

HARRIS: Rob, thank you.

Our top story this hour, U.S. government authorities are studying the new videotape of Osama bin Laden. They're looking for hidden messages or clues to any possible future attacks on the U.S.

Since that tape was released, President Bush and Senator Kerry have turned up the rhetoric over who can best keep America safe. President Bush stumps in Michigan, Wisconsin and Minnesota today. And then he caps the night in Florida. Senator Kerry will be in Wisconsin, Iowa and Ohio.

Now to Boston and a major league party. It's a big celebration for the Red Sox and their fans. A parade honoring the team's first World Series win in 86 years kicks off in a couple of hours. Millions of fans are expected.

NGUYEN: And when celebrating, that can land you in a bit of hot water in certain instances. One judge was so happy to sentence a man she threw a party in the courtroom. Now, though, she can face her own problems.

HARRIS: And ahead on "HOUSE CALL," what you need to know before you go under the knife.

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UNIDENTIFIED MALE: Two reasons: one, we have a war going on. Two, because of the events of 9/11. And three, I'm now a tax paying citizen, so it's more important to me than before.

UNIDENTIFIED MALE: Because I want to be a part of my country's decisions, whatever. This is the first time I've been able to vote.

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NGUYEN: It is a landmark court case, a cyber stalker prosecuted.

Also, how ethical is this? A judge throws a party in her courtroom to celebrate the capture of a fugitive.

Plus the evidence is all in and the testimony over. Scott Peterson's case is about to go to the jury. Closing arguments in that case are set for Monday.

Three cases on the docket this morning in our "Legal Briefs," and we start in Seattle, where a man who admitted cyber stalking his ex- girlfriend for six years is sentenced to five months' probation.

Now this case took a lot of work, because there was no state law against what the suspect was doing. A federal prosecutor eventually found a little used obscure amendment to a federal telecommunications law to bring the suspect to court. This case has actually brought about a new state law.

And we want to bring in our legal panel now to discuss all of this. Good morning to former prosecutor Nelda Blair in Houston.

NELDA BLAIR, FORMER PROSECUTOR: Good morning.

NGUYEN: And defense attorney Lida Rodriguez-Taseff in Miami.

LIDA RODRIGUEZ-TASEFF, DEFENSE ATTORNEY: Good morning.

NGUYEN: Well, Nelda, let's start with you. This little -- this obscure law led to the prosecution in this case of the cyber stalking. Is this something we're going to see more and more of?

BLAIR: Absolutely. It's the only way that the law can keep up with technology, because obviously it moves a lot slower.

This man messed with the wrong two women. His ex-girlfriend, who not only testified before the state legislature but actually got a law passed to illegalize stalking on the Internet, and the U.S. attorney, assistant attorney, who was also a woman, who did research and really, really tried, kept after it, even after she was turned down for search warrants. She went in and prosecuted this man and got a conviction for cyber stalking.

He had really, really affected his ex-girlfriend's life, her safety, her job, and he needed to be put away.

NGUYEN: But Lida, if there are no physical threats, what kind of legal recourse can you have?

RODRIGUEZ-TASEFF: Well, that's the whole idea. Cyber stalking should be just like regular stalking, only on the Internet, meaning that mere speech, even if it's a little bothersome or offensive, should not be sufficient.

So as these laws are created, they should be created to make illegal conduct on the Internet that causes people fear, that puts them in fear for their life or their safety.

I absolutely believe that they had this in this case, because this man was giving out this woman's private information: her phone numbers, her work number, her -- information about her sex life, all sorts of things. So she did have an argument she was put in fear for life or safety.

However, we should be very careful not to simply criminalize conduct on the Internet or communications on the Internet, because the Internet is all about creating a safe, public forum for people to have discourse, whether they like it or not. NGUYEN: All right. Nelda, we want to shift gears a little bit and move on to the Scott Peterson case.

BLAIR: Right.

NGUYEN: The judge ruled yesterday that the jury can decide on a lesser murder charge that would spare Peterson the death sentence. Why? Why was this brought in now?

BLAIR: Oh, the judge has seen that there's enough evidence to possibly convict him, obviously, of the capital murder. But also, there's evidence that he might be just convicted of a lesser type of murder.

And in this case, the jury is going to be able to consider that, because of the evidence that's presented. I think the judge was right in doing this.

But I've got to tell you, the prosecution has presented such a good case, a good circumstantial case against Peterson and the defense has absolutely done nothing. They brought in mommy and daddy as their star witnesses. So I wouldn't be surprised if the jury goes ahead and convicts him of the ultimate.

NGUYEN: So Lida, is this, I guess, a good thing for the defense, or is it really working to the prosecution's hand, because it seems likely maybe there might be a conviction now, since there's a lesser charge.

RODRIGUEZ-TASEFF: Unfair advantage to the prosecution. Nelda, I completely disagree with you.

The prosecution in this case started out by saying that they couldn't prove how, when or where Scott Peterson committed this murder, but because they knew he planned it, and they could prove that he planned it, then they could prove first degree murder.

Well, now it turns out that they can't even prove that he planned it. That's why they requested this second degree murder instruction, because that way, they don't have to prove premeditation.

But you know, what Geragos pointed out and what people need to be wary of is the fact that they've already conceded they can't prove how, when or where. Now they're conceding that they can't prove premeditation. It would be unfair to convict of second degree murder, and it would be even more unfair to convict of first degree murder, since they have not proven their case.

NGUYEN: All right. I have to jump in here, Nelda. We've got to move on quickly.

You're a Texas prosecutor. Let's talk about this Texas judge throwing a party for someone who's sentenced now to life in prison. Is she breaking some ethical boundaries here?

BLAIR: No, no, this is Texas. We're tough on criminals. This man was a domestic violent offender, severe. He choked his girlfriend until she was unconscious. He has a huge file of former domestic violence offenses. He jumped bail.

He didn't show up for his hearing. He was on the lam for a year. And this judge is embarrassing him by having balloons in a courtroom? I am very sorry if he's offended, but that's the way we treat criminals in Texas.

NGUYEN: But Lida, did she jump over the line, throwing a party?

RODRIGUEZ-TASEFF: You know, it is Texas, and the rules are different there, but she absolutely did.

Judges are required to exercise decorum in their courtroom. They're supposed to treat all criminals, convicted or not, with dignity. And the process is so respectful because, when you, if this guy has done all of these horrible things, you don't want to diminish them by throwing a party. A party is a happy event. Balloons do not belong in a courtroom. Even in Texas.

The problem with this is that it also taints the judge with -- with the brush of not being impartial. Next time one of these offenders comes to her court, they're going to try to get her recused of their case, because they're going to say...

BLAIR: No, no.

NGUYEN: All right, ladies.

RODRIGUEZ-TASEFF: Nelda, you know I'm right even in Texas.

NGUYEN: All right, even in Texas we are out of time, no matter what state you're in this morning. Thank you, Nelda and Lida.

BLAIR: Thank you.

RODRIGUEZ-TASEFF: Thank you.

NGUYEN: All right, Tony.

HARRIS: Quickly, we've got an e-mail. It's a good one, and Jan, we know you're watching. You'll love to hear this one back on the air, I'm sure.

And the e-mail response is to this question whether or not you believe that the bin Laden tape will influence the way you think and the way you vote in this coming election.

And here's Jan's response: "Are you kidding? Do you honestly believe any American would allow the speech of self-avowed terrorist and mastermind of the 9/11 attacks to influence their vote? What's next, a bin Laden puppet on 'Sesame Street' because he is such a charismatic speaker?"

Jan, thank you for the e-mail. Just send them along to us and we will read your e-mail responses throughout the morning.

NGUYEN: Well, getting out the youth vote, it's the battle cry of many celebrities to their 20-something crowd. We'll ask two college students if the message is really making a difference.

HARRIS: And are shows like "Extreme Makeover" and "The Swan" making beauty dangerously inviting? Find out what the experts say today on "HOUSE CALL."

I'm Tony Harris.

NGUYEN: And I'm Betty Nguyen. "HOUSE CALL" with Dr. Sanjay Gupta is straight ahead. We're back at the top of the hour.

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