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Syrian Connection in Guantanamo Bay?; Court Strikes Down Do- Not-Call List; An Interview With "Bachelor" Bob Ginney

Aired September 24, 2003 - 19:00   ET


ANDERSON COOPER, CNN ANCHOR: Espionage charges at Guantanamo Bay. Is there a Syrian connection?
A former cadet admits he raped a fellow student. What has the Air Force done about it?

Death by stoning. A woman whose crime was having a baby out of wedlock fights for her life.

Why has a federal court hung up on the national do-not-call list?

And "Bachelor" Bob, he was sent packing by Trista. Now he's back, looking for love and big ratings.

ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.

COOPER: And a good evening to you. Thanks for joining us on 360.

We begin with a story that's as riveting as anything Tom Clancy could dream up. Two more in the military are being watched, in addition to the two servicemen already in custody who have been working at the Guantanamo Bay prison camps. So far, one, an Air Force translator, is charged with espionage. The Pentagon is now reviewing its security procedures at Guantanamo Bay. Investigators are looking at a Syrian connection. And there is the very real possibility that this is part of a broader conspiracy.

We get the latest now from senior Pentagon correspondent Jamie McIntyre.


JAMIE MCINTYRE, CNN MILITARY AFFAIRS CORRESPONDENT (voice-over): The military attorney for Senior Airman Ahmad al-Halabi insists his client is not guilty.

MAJ. JAMES KEY, ATTORNEY FOR AHMAD AL-HALABI: Airman al-Halabi is not a spy. He's not a terrorist.

MCINTYRE: But military investigators say, while the Arabic- language translator was at Camp Delta, the super-secure prison for al Qaeda and Taliban suspects, he gained access to some of the most sensitive and secret data about the detainees.

SEN. CHARLES SCHUMER (D), NEW YORK: What the heck is going on here? This is the Pentagon, not the INS.

MCINTYRE: The charge sheet for Senior Airman Ahmad al-Halabi lists dozens of security breaches, everything from downloading classified information to his laptop computer from a secure system, to gathering over 180 electronic version of written notes from prisoners, to delivering unauthorized food, namely baklava pastries.

GEN. RICHARD MYERS, JOINT CHIEFS CHAIRMAN: Any time you have allegations like this, you always look at your procedures and your process. And that would be natural and normal. So we'll do that.

MCINTYRE: The Pentagon insists, even before the arrest of Captain James Yee, a Muslim chaplain also suspected, but not charged with, spying, it was reviewing procedures for appointing chaplains and the outside religious organizations that certify them.

Chaplain Yee had studied in Syria. And al-Halabi is accused of sending information to unnamed Syrians. But Syria is denying any connection to either man.

IMAD MUSTAPHA, SYRIAN CHARGE D'AFFAIRES: Syria is not concerned at all with any supposedly Islamic extremists that might be held in enemy American prisons.


MCINTYRE: Now, al-Halabi's lawyer says his client was on the way to Syria, but not, he says, to pass secrets, but, rather, to get married -- Anderson.

COOPER: All right, it is a fascinating case. Jamie McIntyre, thanks.

We're going to look more closely at this story in about 30 minutes right here on 360.

We go now on to the president's visit to New York. If yesterday was the tough talk and address to the world, today, the charm offensive. Mr. Bush tried winning commitments of international help for Iraq. He even tried mending fences with his frequent sparring partners, those from the countries that the defense secretary once dismissed as old Europe.

More from CNN White House correspondent Dana Bash.


DANA BASH, CNN WHITE HOUSE CORRESPONDENT (voice-over): If postwar Iraq fence-mending were an Olympic sport, the U.S. and Germany would be battling for the gold. That's the impression, at least, President Bush and Chancellor Schroeder sought to leave after their first official meeting in nearly a year and a half.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: We have had difference and they're over. And we're going to work together.

GERHARD SCHROEDER, GERMAN CHANCELLOR (through translator): Hard feelings have been left aside and put aside by now.

BASH: The German chancellor, who vehemently opposed war with Iraq, said his country wants to help stabilize it, renewing an offer to help train Iraqi police or military forces, but no pledge yet from Germany, one of Europe's wealthiest countries, to contribute to the tens of billions of dollars the administration needs to rebuild Iraq, and no talk of sending German peacekeeping troops, like in Afghanistan, though U.S. officials say they don't expect it.

The president met with two leaders he is hoping will send forces to secure Iraq, Prime Minister Vajpayee of India and President Musharraf of Pakistan, who later outlined his conditions.

PERVEZ MUSHARRAF, PAKISTANI PRESIDENT: Pakistan would be prepared to help in a collective, United Nations-sanctioned Arab and Islamic effort.

BASH: A senior U.S. official said the president did not get any firm commitments for money or troops in his meetings, but said he didn't specifically ask. Working towards a new U.N. resolution is the first order of business, but the White House says that could take some time, maybe months.


COOPER: Now Dana Bash joins us live.

Dana, you mentioned in your piece no firm commitments. I guess that's the bottom line, the ultimate goal. When does the White House think they're going to get more money and more troops from U.S. allies?

BASH: Anderson, that's a great question and one that really nobody here at the White House can answer.

But in terms of troops, what they think that they need for some of the countries that are possible senders of troops, like Pakistan and India, is a U.N. resolution. That's what those countries need to make it palatable back home. But even then, they think that maybe can get between zero and 15,000 maximum. In terms of money, all eyes are on a donors conference in Madrid next month, where leaders from around the world and financial institutions will go and talk about how much they think they can get.

But the administration thinks they need between $30 billion and $55 billion. Nobody thinks that's going to be easy -- Anderson.

COOPER: All right, Dana Bash, thanks very much.

A "Fast Fact" for you now. There are currently 131,000 U.S. troops in Iraq, 24,000 troops from other countries. The biggest contributors, 11,000 troops from Great Britain, 3,000 from Italy, 2,400 from Poland, 1,650 from Ukraine, and 1,300 from Spain. A number of other countries have sent small contingents of troops, including New Zealand. Nine Kiwis are in country. A couple other quick Iraq stories tonight, a progress report on weapons of mass destruction. David Kay, the American official who leads the WMD hunt in Iraq, well, he was in Washington today briefing and giving CIA Director George Tenet a report on the search. So far, no smoking gun, says Kay. Did Iraq have WMD? Kay's team has reached -- quote -- "no firm conclusions."

Still in Washington today, Defense Secretary Donald Rumsfeld faced some pretty tough questions about Iraq. Keep in mind, Rumsfeld was a wrestling champ in college, but he never had to go against the senior senator from West Virginia, Democrat Robert Byrd. The senator tried to pin Rumsfeld to the mat on just how the war was justified to the American people. Take a look.


SEN. ROBERT BYRD (D), WEST VIRGINIA: The American people never been told that we're going into that country to build a new nation, to build a new government, to democratize the country and to democratize the Middle East.


BYRD: The American people haven't been told that. They were told we are going in there because of weapons of mass destruction.

DONALD RUMSFELD, SECRETARY OF DEFENSE: The American people were told by the president of the United States at the U.N. and here in the United States the reasons for going in.

Once having gone in, the last thing we need to do is to turn that country over to another dictator like Saddam Hussein. The least we can do is...

BYRD: Nobody's suggesting that.


COOPER: Well, not much of a surprise to hear Democrats criticizing the White House on Iraq. Not much of a surprise to hear it from European allies as well. What is a surprise is that the Pentagon's handpicked man to lead the interim Iraqi government now has some criticism of his own.

That story from our State Department correspondent Andrea Koppel.


ANDREA KOPPEL, CNN STATE DEPARTMENT CORRESPONDENT (voice-over): As this month's president of the U.S.-appointed Iraq interim government, Ahmad Chalabi finds himself front and center, but noticeably out of sync with Washington.

AHMAD CHALABI, PRESIDENT, IRAQI GOVERNING COUNCIL: We feel that Iraqis are capable of sovereignty quickly. KOPPEL: For the man who seemed to be in lockstep with the Bush White House, Chalabi's increasingly public lobbying for a transfer of authority within months to the 25-member unelected Iraqi Governing Council and a greater say in spending billions in Iraqi reconstruction has irritated U.S. officials, who refuse to set a strict timeline.

PAUL BREMER, U.S. CIVIL ADMINISTRATOR IN IRAQ: The only path to full Iraqi sovereignty is through a written constitution ratified and followed by free democratic elections. Shortcutting the process would be dangerous.

KOPPEL: A Pentagon favorite who was airlifted into Iraq by the U.S. military once the war ended and provided with millions of dollars in assistance for years, Chalabi continues to applaud the Bush administration for its role in toppling Iraq's former president, Saddam Hussein.

CHALABI: We have no disagreement with the United States government. We are not at odds with the United States.

KOPPEL (on camera): But the Bush administration isn't being quite as diplomatic, one senior administration official suggesting that Chalabi and other members were -- quote -- "biting the hand that feeds them."

Andrea Koppel, CNN, New York.


COOPER: Well, Americans may be having some increasing doubts about the war in Iraq, but a new Gallup poll shows Iraqis think differently. Gallup hired an Arabic firm to go door to door and ask questions.

CNN did not take part. The majority, or 62 percent, of those asked said that they believe ousting Saddam Hussein was worth it. This is Iraqis; 30 percent said it wasn't. But 47 percent said they believe the U.S. invasion has made Iraq worse off, while 33 percent say Iraq is better off. The margin of error is plus or minus 3 percent.

Several attack in Iraq today. In Baghdad, a chain of bombs went off. They were intended for U.S. soldiers traveling in a Humvee. They struck two commuter buses instead. Iraqi police and hospital officials say a 17-year-old passenger was killed and at least 12 other people were wounded, five of them critically, no G.I.s injured.

Another attack in the northern city of Mosul. Police say a hand grenade exploded in a porn movie theater. Two people were killed and at least 20 others wounded. Religious and political groups have warned cinema owners against showing porn after censorship ended in postwar Iraq. Who knew.

All right, time to check "The Uplink" right now.

Vatican City, Italy: missing pope, a rare absence by the frail Pope John Paul II at his general audience today. The Vatican sent a videotaped message instead. A mild intestinal problem is apparently to blame.

Vienna, Austria: OPEC oil. A day after saying they wouldn't cut oil production, today, OPEC ministers said, tighten the tap, cutting production 3.5 percent starting November 1.

London, England: Internet porn. Microsoft is shutting down Internet chat rooms around the world and limiting service in the U.S. starting next month. They software giant says it is to help stop the spread of child porn. Microsoft says it worries the pedophiles are abusing the system, soliciting children on the Web.

London, England, also: Coke bust. British police working with Colombian authorities say they have busted a major international drug ring, so big they say it is going to have a major impact on smuggling and send street prices of cocaine soaring.

To Bogota, Colombia now: a great escape. A 19-year-old British tourist kidnapped 12 days ago is free. Obviously, that's not him. He slipped his captors during a forced march through the jungles and was picked up by an army patrol. And that is tonight's "Uplink."

Well, still to come tonight: a woman sentenced to death by stoning for having a baby out of wedlock. Will an international outcry help spare her life? We'll go live to Nigeria.

Also: teens busted for shooting child pornography starring themselves. Should they be treated the same as adults?

And midweek crisis: Telemarketers get the green light to start dialing your number. Why was the do-not-call list put on hold?

We'll get to that, but, first, a look inside the box at the top stories and the their links on tonight's network evening newscasts.


COOPER: Last shot, nighttime in New York.

We're following a number of other stories tonight cross-country. Let's take a look.

Sacramento, California: Candidates debate live on CNN at 9:00 p.m. Eastern. They leading candidates for governor in the recall race meet in a 90-minute debate. That includes Arnold Schwarzenegger, the only debate appearance he plans to make. Kelly Wallace joins us in just a bit with a preview.

Cold Spring, Minnesota: School shooting. Police are holding a freshman after a shooting in a school. A senior was killed. A freshman is in critical condition. Reports say the gunfire took place during gym class.

Austin, Texas: power politics. All those out-of-town trips by Democratic Texas lawmakers, well, they've come to naught. Republicans in the state Senate won approval of a plan to redraw congressional districts.

Houston, Texas: mineral blaze. It took firefighters about three hours to put out a transformer fire at an electrical substation, huge plumes of black smoke. The blaze was fueled by thousands of gallons of mineral oil inside the transformer.

To Richmond, Indiana: head-on crash. At least one person was killed on I-70 when two tractor trailers collided. One truck apparently crossed the median of the interstate, hitting another truck, bursting into flames. You see the damage right there.

That's the story cross-country tonight.

Remember, way back when, the fictional character Murphy Brown was criticized by Vice President Dan Quayle and others for having a child out of wedlock on the TV show. Well, now imagine if one of those critics had said she should be stoned to death for that. Of course, it would sound to us like a cruel, almost laughable farce. But it is the stark reality for a young woman in Nigeria who has been literally fighting for her life for the last two years, sentenced to death by stoning for being an unwed mother. Her fate is to be decided tomorrow.

We get more now from CNN's Jeff Koinange.


JEFF KOINANGE, CNN CORRESPONDENT (voice-over): She is unquestionably one of the world's most famous single parents. Amina Lawal also happens to be on Nigeria's equivalent of death row, sentenced to death by stoning under a code based on the Koran known as Shariah and practiced in a third of Nigeria's 36 states.

Her crime: having a child out of wedlock. If there's a compassionate side to this seemingly inhumane penalty, it's this. Lawal was given two years to wean her infant child before the sentence could be carried out. Two years and umpteen appeals later, Lawal faces her toughest battle yet, Shariah's court of appeal. If upheld, the 31-year-old illiterate woman could be a step closer to death.

She says: "I believe God will make it possible for me to be freed. I did nothing wrong."

Lawal's lawyers argue, even if Shariah law applies, it went into effect here in this state after she became pregnant.

HAUWA IBRAHIM, ATTORNEY FOR LAWAL: So we look forward to having the judges understand our argument and for them doing justice, as they are meant to do.

KOINANGE: What happened to the alleged father of the child? Three male witnesses told the court he didn't have a sexual relationship with Lawal. So he was let go.

The Nigerian government says it will do all it can to overturn Lawal's case, if it gets to the Supreme Court. (on camera): But first, the case must be heard here at the court of appeal. And watching closely will be human rights groups from around the world, trying to show support for a woman they've never met, a woman who has come to symbolize the plight of women in Africa.

Jeff Koinange, CNN, Katsina, in northern Nigeria.


COOPER: And Jeff Koinange joins us live now from Nigeria.

Jeff, thanks for being with us tonight.

Has international pressure reached this remote town? Will it have an impact on tomorrow's decision?

KOINANGE: It's interesting you ask that, Anderson.

Yes, indeed, it has. We were indeed talking to Amina Lawal's defense team right here this evening here in Katsina. And they told us, had it not been for all the publicity this case has generated, had it not been for all the human rights groups sending everything from mass e-mails to sending representatives to all the court hearings, Amina Lawal would have been stoned a long time ago.

But they said, because of the human rights groups' presence, because of all the stories that have been written about this case and pressure from outside countries, Amina Lawal may have bought herself some extra time -- Anderson.

COOPER: It is just an unbelievable case.

Jeff Koinange, we're going to be following it. We'll have an update tomorrow. Thanks very much.

A couple stories now in our "Terror Watch."

The U.S. Treasury Department named Abu Musab al-Zarqawi and five others as terrorists today, freezing any assets they might have in the U.S. Several months ago, Secretary of State Powell put al-Zarqawi at the center of a connection between Iraq and the al Qaeda terror network.

And, in Spain, 16 men believed to be al Qaeda faced a judge for pretrial testimony today. Lawyers say all proclaim their innocence, including a correspondent for the Arabic Al-Jazeera TV network.

The spiritual leader of Hamas accused President Bush of declaring war on Islam under the cover of the war on terror. Sheik Ahmed Yassin also said the Palestinian militant group will not talk about a cease- fire with the Palestinian Authority or discuss a truce with Israel.

And those are the stories in tonight's "Terror Watch."

Still to come this evening: "Justice Served," cops accused of beating, lying and cover-up. So why are jurors hopelessly deadlocked? You aren't going to believe this story. Kimberly Guilfoyle Newsom sounds off in just a moment.

Also: "Bachelor" Bob is back, looking for love. Well, that's totally not "Bachelor" Bob. That's Senator Hillary Clinton. There's "Bachelor" Bob. He's looking for love. It's a big show, airs tonight. We'll talk to Bob.

Also, a little bit later on: Ah, here she is. Hillary Clinton's new book gets the red-curtain treatment in China.

That and more still ahead. Stay with us.

But, first, a look at Dave Matthews Band playing live right now in New York's Central Park.


COOPER: "Justice Served" now, what some have likened to a hostage drama. But it's not the kind you're thinking of. This involves seven men and five women. They are a jury in Oakland, California, that says -- they say they are hopelessly deadlocked. And a judge won't budge, won't release them.

We get more now from 360 legal analyst Kimberly Guilfoyle Newsom.


KIMBERLY GUILFOYLE NEWSOM, CNN LEGAL ANALYST (voice-over): It's known as the Oakland "Riders" case, three police officers accused in 35 counts of acting like rogue cops, beatings, false arrests, and attempts to cover it all up. It is now the longest criminal trial Alameda County has ever seen.

ED FISHMAN, DEFENSE ATTORNEY: We need a sense of finality to this. This case has been going on for over three years. The trial has been going on for longer than a year.

NEWSOM: And the jury started deliberating in May, after listening to nearly 100 witnesses, analyzing 350 exhibits and reading more than 100 pages of jury instructions. But all that time together hasn't brought consensus.

The jury has told the judge more than once that it's deadlocked. But he's ordered them back to deliberations, even encouraging them to role-play to overcome their differences. Their frustration, anger, even rage, has been hard to miss. Defense attorneys say this isn't civic duty. It's civic torture.

UNIDENTIFIED MALE: I think the fact they are keeping them here as jurors needs to be -- they need to go home.

NEWSOM: The defense also says it's irresponsible.

FISHMAN: My fear is that, again, they will make a decision not based on truth. They will make a decision based upon their fear that they will not go home until they reach a unanimous decision.


NEWSOM: Anderson, the prosecution has spent over one year trying to obtain convictions against these former officers, arguing that the jurors should continue deliberations, knowing full well that the second time around will be much more difficult to get convictions -- Anderson.

COOPER: Yes, Kimberly, this is just an amazing case. When you think about it, these people have been deliberating since May. And they have basically been deadlocked ever since. They've ruled on eight counts. Can't the judge just say, all right, we'll take these eight counts. I know the verdicts are sealed right now. But we'll pay attention to them and then maybe retry the rest?

NEWSOM: They are really running the risk of getting all this reversed on appeal. These verdicts are going to look like, if they reach guilty verdicts, in fact, on eight of those counts, like they are coerced, that this jury would do just about anything to be released from this jury deliberation.

The judge forcing them to stay, despite three times saying that they are hopelessly deadlocked and unable to reach verdicts.

COOPER: So even if they don't -- I mean, basically, they are risking coercion either way, no matter how you look at it.

NEWSOM: That's correct. This is a tough case.

And there was a civil case, in fact, as well, where they had 119 plaintiffs, and they settled it without going to trial for almost $11 million. This case has got troubles from the beginning. And it's not going to get easier.

COOPER: And I guess the judge has been somewhat encouraged -- I don't know if that's the right word, really -- that there has been some movement, some change of opinion at least on those eight counts that they did agree on. And I guess he feels that's enough to just keep the jury deliberating.

NEWSOM: That's what he's basing his decision on. He has seen some movement. Initially they were more split and deadlocked, even. Then you saw movement 11-1, while they still remain split on others. He feels that, if he pushes them forward, he'll be able to save time and put them, the best jury, forward to make decisions on this case, vs. retrying the whole thing again, as it did take three years from start to finish and a year of putting the case in.

COOPER: Also, all the alleged victims in this case, the alleged victims of these police officers, were African-American. The jury is all white. Has race been brought up as a factor in this in any way?

NEWSOM: It's a big concern.

And local police departments are going to assist the Oakland Police Department with providing security and protection, should not- guilty verdicts be reached. You're looking at the city of Oakland, which is basically 38 percent African-American, whereas the Alameda County is 14 percent African-American. Not one African-American is serving on this jury. There is a lot of concern and distrust about this. So any verdicts they reach will be looked at, I believe, very closely and with a lot of skepticism.

COOPER: Unbelievable. No telling how long this thing is going to go on. Kimberly Guilfoyle Newsom, thanks very much.

NEWSOM: Thank you.

COOPER: Still ahead: Did this former Air Force cadet get away with rape?

And looking for Ms. Right. You'll meet Bob, TV's newest "Bachelor."

We'll be right back.


COOPER: All right. Time now for "The Reset," tonight's top stories.

Washington, the Pentagon says the search for suspected spies at the U.S. base at Guantanamo Bay, Cuba, will widen. Investigators are keeping a close watch on at least two other members of the military, an Air Force airmen and an Army chaplain are already being held. We'll have more on what they face in just a few minutes.

Oklahoma City, all those annoying dinnertime calls may not be a thing of the past. A federal court in Oklahoma rules the FTC didn't have the authority to start a national "do not call" list and they put it on hold. But the FTC wants a court to stay its decision while the government appeals the case. We're going to have more on this also in a few moments.

Also in Washington, the Pentagon says search teams have found remains in North Korea that could be those of four American soldiers missing since the Korean War. The remains will be brought to Hawaii next month for conclusive identification.

Boca Raton, Florida, the wife of the first victim of the anthrax attacks in 2001 is suing the federal government. Maureen Stevens has filed suit asking the $50 million claiming lax security at a U.S. Army lab led to the death of her husband, Bob Stevens, who you just saw a picture of. Stevens and four other people died after getting letters laced with anthrax.

San Francisco, seven current and former Wal-Mart employees -- well, they want their lawsuit against the retailer to become the biggest civil rights suit in U.S. history. Now they're asking a judge to grant class action status to their action, which would add 1.5 million women to the case. They claim the company is unfair to women when it comes to pay and promotions.

And Tehran, Iran. This just in to CNN. Iranian foreign minister said tonight the Islamic republic would not give up his uranium enrichment program. He said insisted it was purely for civilian uses. We're going to have a lot more on that in the coming days.

That's "The Reset" for tonight.

Getting back to the Guantanamo Bay and the problems there. The Pentagon says it's looking into a possible conspiracy at Guantanamo Bay, Cuba base. It's reviewing its security procedures at Gitmo and investigators are looking at a possible Syrian connection.

So what is going on?

Eugene Fidel, a military law expert, joins us from Washington. Appreciate you being with us, Eugene.

Let's talk about these two men who are now in custody. One has been charged, the other still awaiting any charges that might be brought. If charges are finally brought for both of them, what do they face?

EUGENE FIDEL, MILITARY LAW SPECIALIST: Well, potentially, each of them faces the death penalty, depending on whether they're convicted of anything and what they're convicted of.

However, having said that, I think it is important to bear in mind that the last time the military conducted any execution was 42 years ago. And nobody should assume that the gallows is in the future here.

COOPER: Well, how do you think the military is handling this thus far, as you've watched it?

FIDEL: Well, it's clear that the breach or what appears, let's say, to be a breach of the bubble that the Pentagon has desired to create around Guantanamo Bay may be -- may have some leaks in it. Whether those conditions amount to more than simply, you know, a sort of garden variety breach of security and amount to something more, who knows?

COOPER: Are you surprised at the level of secrecy? I mean, they're maintaining a high level of secrecy on all of these things. There's really not a lot of information out there.

FIDEL: Well, it's very, very interesting. Obviously, secrecy is the name of the game, you know, when you're conducting an operation like the detentions at Guantanamo Bay. But the -- this is not going to be allowed to pass without dispute. Specifically, the lawyers representing senior airmen Al Halabi brought a proceeding before the highest court of the Air Force only a week ago, in which they sort a mandamus order directing the investigation against Al Halabi to be conducted in public, or at least to challenge a blanket closure order that the command had entered there. And on -- only one day later, the military judges on that court, three Air Force officers, entered an order saying that the command responsible for the Article 32 or sort of one-man grand jury investigation, would have to give specific reasons as to why any part or all of that investigation would be kept out of the public eye.

So it's clear that secrecy is going to be one of the themes that's going to permeate all of the proceedings.

COOPER: It certainly seems that way. Eugene Fidel, appreciate you joining us tonight. Thanks very much.

FIDEL: My pleasure.

COOPER: On to California now, where Arnold Schwarzenegger has arguably the biggest premiere of his life. For the first and only time, he's debating the other candidates for governor, where he'll be expected to say a lot more than "I'll be back" and "Hasta la vista, baby."

The story now from CNN's Kelly Wallace now in Sacramento.


UNIDENTIFIED FEMALE: Arnold Schwarzenegger.

KELLY WALLACE, CNN CORRESPONDENT (voice-over): Arnold Schwarzenegger calls it the Super Bowl of debates, even though candidates receive the questions in advance.


WALLACE: Political observers call it a make-or-break event for the major candidates, with the greatest pressure perhaps on the political newcomer himself.

BARBARA O'CONNOR, CSU SACRAMENTO: He cannot flub. He has to be on point. He has to be competent. He has to be charming.

WALLACE: As satellite trucks descend upon Sacramento for the first and only debate the GOP front-runner has agreed to do, Schwarzenegger's aides try to downplay expectations, something which this political analyst says could benefit the actor-turned-candidate.

O'CONNOR: I think the expectation for him is the lowest, because no one wants to see him as a traditional politician. And he's able to sort of skate by on, "I'm not like these guys."

WALLACE: The two other major candidates with double-digits in the polls also face pressure. Some Republicans have been pressing State Senator Tom McClintock to get out of the race. But a winning performance by McClintock or a major mistake by Schwarzenegger could change some Republican minds.

Democrat Lieutenant Governor Cruz Bustamante's major challenge, analyst say -- to do some damage control after he accepted controversial donations from Native American tribes.


COOPER: And Kelly Wallace joins us now.

Kelly, since Governor Gray Davis is not attending the debate, where is going to be tonight? Where is he going to be?

WALLACE: Well, he'll be watching this debate, Anderson. He had a town hall meeting hosted by the California Broadcasters Association last week, the sponsor of tonight's debate. He was not invited to be here.

Of course, he's not on the second part of this ballot, in terms of who should replace Davis if he is recalled. But his aides say they'll be watching closely because they know if these candidates give very, very good performances, that could significantly impact Davis' attempts to try and defeat this recall -- Anderson.

COOPER: All right. It's going to be an interesting debate. Kelly Wallace, thanks very much.

On now to the latest outrage in the Air Force Academy sex scandal, the story of a female cadet assaulted by a male cadet who says he admitted the incident to the Air Force. So is he sitting now in a military prison? In a word, no.

The story comes to us from the investigative team of affiliate KMGH. Here's John Ferrugia.


AYA: I just remember waking up in the middle of the night and he was holding me down by the throat, licking my face.

JOHN FERRUGIA, KMGH CORRESPONDENT (voice-over): Aya, at the time, a cadet studying martial arts, luckily had her practice sword next to her bed.

AYA: So many things were happening so fast. I couldn't believe it. And the next I knew, I just grabbed the sword, put it between my legs and locked myself in a ball.

FERRUGIA: The attack occurred at the home of her Air Force sponsor, a chaplain who lived on base. He was also the sponsor of an upper class male cadet who attacked her and who was staying in another part of the house. Aya was so afraid she didn't report it to Air Force investigators until the next week.

Unknown to Aya, investigators also interviewed the accused, Cadet Maurice Cooper. We have obtained a copy of the statement he gave to Air Force investigators in which he admits beginning the attack while she was sleeping. And as she was awakening, the report states in part, "the subject asked the victim if she wanted to do something. She told him no. Subject noticed her body was tense and also discovered she had placed a sword between her legs to stop his advances. Subject viewed this as just another obstacle, not a threat."

Her fear resulting from the sexual assault led to a serious sleeping disorder and eventual dismissal from the Academy for what was called a personality disorder.

Maurice Cooper was also forced out of the Academy but given a general discharge under honorable conditions. That's right, under honorable conditions. And it had nothing to do with the sexual assault. He says he was released for a separate incident of drinking, which didn't involve Aya.

Now when I spoke with him by phone, he admitted that the attack on Aya never seemed to be a factor in his dismissal.

UNIDENTIFIED MALE: It was never addressed, and I just found that odd.

FERRUGIA: While Aya lost her dream of being an Air Force officer, she channeled her energy into the love of archery. She is now one of the top women archers in the world and is preparing for the Olympics. And now she feels vindicated.


COOPER: And that was John Ferrugia of the investigative team for affiliate KMGH in Denver. We did ask for an interview with former cadet Maurice Cooper. He declined to talk to us. The Air Force Academy said this case is still under investigation and it would not comment on specific cases.

We're joined by the woman who said she was assaulted. Her name is Aya. We are not revealing her last name. And we aren't saying where she is, because she's concerned for her safety. Aya, appreciate you joining us tonight.

AYA: You're welcome.

COOPER: You knew this man who you say assaulted you at the academy. He -- you say he came into your room, you were asleep. What happened?

AYA: Well, sir, I woke up the middle of the time. I couldn't tell you when. I felt him holding me down and licking my face. And even then I didn't know who it was. It wasn't until he started things and trying to coax me to relax and asked me if I wanted to do anything, and I said no.

COOPER: You say...

AYA: I said, no, I didn't want to.

COOPER: You said you told air force officials about this incident.

How did they react?

How did your fellow students react?

AYA: Well, I contacted the Office of Special Investigations, and gave them a statement. And I really never heard anything back from them. As far as my classmates go I was ostracized and terrorized for daring, I guess, to stand up for myself and turn in a fellow cadet.

COOPER: So you say it was sort of -- basically you are saying it was kind of widely known. I mean, fellow cadets are commenting to you about it?

AYA: Pardon me.

COOPER: You are saying this was relatively well known if other cadets are commenting to you about it?

AYA: Yes. I mean, I had known about sexual assaults before this ever even happened to me. But I never imagined that my classmates would turn on me like they did.

COOPER: And as you've seen -- no doubt you have been seeing the news reports in the past months of these growing number of accusations.

What goes through your mind?

Does it make you more upset?

Do you feel vindicated?

AYA: I have two separate feelings. When I first saw the invest investigation put out by Denver 7 news, I was elated to know this was finally catching the attention of the media, but I was also shocked to learn that this was still happening to other cadets. So I felt elation, yet pain.

COOPER: Well, I appreciate you joining us. I know it's a difficult thing to talk about. We appreciate you coming in and telling your story. It's a case we'll be following. Again, we asked the air force for a comment and they said they are still investigating. Aya, thank you for joining us tonight.

AYA: Thank you.

COOPER: Coming up next on 360 the child pornography case where kids just aren't the victims, they're also the defendants.

Why were some sensitive changes made to a new edition of Senator Hillary Clinton's new book.

He's gone from bachelorette reject to getting a new show of his own. We'll mean the new Bachelor. So stay with us.

As we go to break, "More," Dave Matthews playing live in Central Park.


COOPER: This "Midweek's Crisis" -- this week's crisis tonight was brought on by a federal ruling in federal court saying a federal agency overstepped its bounds when it created a national "Do Not Call" list. The list was created to put telemarketers on notice not to call people who put their names on the list. On October 1, telemarketers were supposed to begin honoring that list, which already had 50 million phone numbers on it. Today we asked four people how they feel about the ruling. One sentiment came through loud and clear. Listen.


UNIDENTIFIED FEMALE: I think that that is very wrong.


COOPER: Well, not everyone said it was wrong exactly.


UNIDENTIFIED MALE: That's crazy. I was on that list, and it was a nice thing to have. I just hope that they reverse the decision.

UNIDENTIFIED FEMALE: Personally, I think they should have a do not call list.

UNIDENTIFIED FEMALE: They call you all hours of the day or night. They are very rude to you, if you don't cooperate with them.


COOPER: The government is asking for a stay on the new ruling. If the list doesn't come back, what can you do?


UNIDENTIFIED MALE: Whatever they ask for, I just tell them that -- whoever they ask for, I tell them that they died the day before.


COOPER: That's one option. Coming up next, we turn your attention to a small suburb outside St. Louis, Missouri, where an amateur videotape by some high-tech high school students is leading to some serious problems. Some of the seven sophomores are facing criminal charges for making and selling a porn tape.

Kara Kaswell of a Missouri affiliate KMOV has reaction.


UNIDENTIFIED FEMALE: I think that's terrible. For it to happen in our school, I think that's really upsetting.

KARA KASWELL, KMOV (voice-over): Students are talking about the bizarre incidents involving three boys taping porno graphic video of a 15-year-old girl.

UNIDENTIFIED FEMALE: Some girl was in a videotape and like there was a whole bunch of guys and just one girl like doing stuff.

KASWELL: St. Peters police say the boy who taped the video then downloaded the images to his mobile phone and was selling peeks of the porn pictures at school.

UNIDENTIFIED MALE: It was wrong on both their parts. They shouldn't have agreed to videotape it and showing people and trying to sell it, they shouldn't do that either.

KASWELL: The 15-year-old boy who brought the nude pictures to school was suspended.

DR. BERNARD DUBRAY, SUPERINTENDENT: I've never dealt with something like this before. It's one of the bigger surprises I've had that kids at this young age would get involved in anything like this.

KASWELL: All the boys involved are facing serious charges, promoting child pornography, furnishing porno graphic material and promoting sexual performance of a child. Some think the girl should be punished too.

UNIDENTIFIED FEMALE: She agreed. It's not like they videotaped her through a window and she was getting undressed. It's not like they did anything they didn't want them to do. She was encouraging them.

KASWELL: Parents are concerned the school never told them about the incident.

UNIDENTIFIED FEMALE: We are pushing them. This should never happen. They should tell us right away so we can do something.


COOPER: All right. That was Kara Kaswell of our Missouri affiliate KMOV.

Coming up next on 360 -- Trista turned him down, but now he's turning the tables. Starting tonight, Bob holds all the roses. And we are going to talk to him about becoming America's newest bachelor.

Also tonight, who could possibly ever get bored of Barbra Streisand's songs you asked? The answer will shock and amaze you. You have been warned.

As we go to break a quick peek at tonight's Dave Matthew's Band concert in Central Park maybe? No, Barbra Streisand says not. So let's just go to break.



UNIDENTIFIED MALE: I did not find love on the "Bachelorette." Trista did not choose my hand in marriage. But it's almost like a metamorphosis. The fat Bob, now leaner, meaner and looking for love.


COOPER: Well, if you don't want to watch the candidates vying for the hearts of California voters tonight, you can watch candidates vying for the heart of Bob Ginney. That's right, there's a new bachelor in town ladies. He's been on the other side of reality TV as one of the hopefuls on the "Bachelorette." We wanted to talk to Bob about his turn in the spotlight. And he obviously is willing to be on TV so he's here to join us. Bob, thanks for being with us.

BOB GINNEY, "BACHELOR": Thanks, Anderson.

COOPER: You were on the original "Bachelorette." Trista dumped you. Is that the best thing that happened to you?

GINNEY: Yes. It's starting to look like her kicking me to the curb was a good thing. I'm not too unhappy about it at this point.

COOPER: Your persona on TV, you are this aw shucks regular guy, but you have a book coming out, you have an album coming out. You are like a mini Martha Stewart without a court date.

GINNEY: My dad said all I need is a fragrance and I'm the J. Lo. You know, but all those things kind of came about -- music has always been my thing. My first job was, I was in a touring band. We sang with MCA and that was what I did. I kind of left that to start a mortgage company and then ultimately...

COOPER: Which is a natural transition.

GINNEY: Yes. All band guys generally -- we're good at it. So when they asked me to do the "Bachelorette" and after I was done with the show I really -- I said no to being the bachelor for two months.

COOPER: Oh come on.

GINNEY: I really did.

COOPER: I don't buy that.

GINNEY: Honest to God. February to April.

COOPER: Why did you say no?

GINNEY: I was terrified to do it quite honestly. In writing that book, you know, when I was writing the book, it's called, "What A Difference A Year Makes." And it was basically based on the fact that, I realized, a year ago, I was thinking, oh, what if I do it and people don't like me.

COOPER: Which it's amazing the difference the next couple of months are going to make.

Program promise me you didn't use the word journey too much.

GINNEY: I tried to stay away from journey and experience and process.

COOPER: And because everyone saying, like this journey that we've been, we've been on such a journey. GINNEY: I'm exploring this experience and this process.

COOPER: So we're not going to hear that?

GINNEY: I try, and if I have been saying those words I'm trying to find ways to overdub.

COOPER: Journey should be outlawed. I understand that your path to fame began quite early in high school. You were Mr. Riverview?

GINNEY: Oh my goodness, you did your research. Yes. It was how I started singing was I thought I was a really good singer. It was like a talent contest that we did to raise money for a foundation or something.

COOPER: Like a swimsuit contest, you had to sing.

GINNEY: Yes, in my swimsuit. It was great. I wore a Speedo, of course.

COOPER: You obviously can't say what happens. Was being on this side of this reality show different than being on the dump side. You're now the dumper.

GINNEY: That's the hardest part for me. I found that, because I was on the other side of it, and I knew what it felt like not to get a flower. I was trying to make sure I was being as cautious as possible when I was handing out my roses not to hurt people's feelings inadvertently. It can't be avoided, unfortunately, when you've been dating in that situation and kind of the microscope is on everything you do and sadly, I still end up...

COOPER: Can you tell me how many hot tub scenes there are?

GINNEY: Not enough. You can never have enough of those.

COOPER: Bob, good luck to you. You are beginning on a long journey.

GINNEY: Yes, it's all a process.

COOPER: It's been a great experience.

GINNEY: Thanks.

COOPER: We can't get enough pop culture. Let's check the current. Senator Hillary Clinton's book "Living History" has gone on sale in China, but the Chinese publishers decided to cut out references to censorship and jailed human rights activists. In a statement today an unnamed critic of China said quote "mmmm." See they were -- they couldn't talk.

Elton John is selling off the entire contents of his London home after going on a 6 months shopping spree. Some observers estimate that the singer has now bought and/or sold every single item that has ever been on British soil. Melissa Etheridge got married to actress Tammy Lynn in California this weekend. The two will live with the singer's children from her previous marriage who were fathered by David Crosby. California does not recognize the marriage, but David Crosby sure looks familiar.

Barbra Streisand says she finds certain songs too boring to sing namely Barbra Streisand songs. She said boredom with her song is one reason she gave up performing. She made her remarks to "Reader's Digest" the magazine for people who are bored by reading.

Coming up next on 360 -- I meant that with love -- is it okay that Arnold Schwarzenegger made stuff up to get publicity in the '70s. Does why he made it up make it okay? My predictable answer coming up.

And tomorrow, very serious story we'll go live to Nigeria as the world hears the court ruling for the woman who faces possible death by stoning for having a child out of wedlock. We'll be right back.


COOPER: Tonight, taking truth to the Nth degree. California's top gubernatorial candidates are debating, you know that. And recently Arnold Schwarzenegger has taken an unusual tact in explaining controversial statements that he made in the past. At one point, he said quote "we tried to get attention in headlines and I would say things that many times that were exaggerated or not true just to get the headlines."

Of course, this is different from when politicians lie because he was an entertainer at the time. He was only lying to get publicity. And by publicity, I mean the money that comes with publicity. In today's "Wall Street Journal," Schwarzenegger complains about the heavy fist of government.

But what about the titanic triceps of truth? When did lying become acceptable if it's done to get ahead by generating publicity? Did you see me lying during my career as a world class bodybuilder? If I lied just to get publicity, do you think my three-month marriage to J. Lo would have lasted as long as it did? I don't think so.

The bottom line is, a desire for publicity isn't a good enough reason to lie. At least that's what I learned from my mom, Gloria Vanderbilt.

And that wraps up the program tonight. Coming up next "PAULA ZAHN NOW." See you tomorrow.



Do-Not-Call List; An Interview With "Bachelor" Bob Ginney>

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