updated 6/20/2006 12:19:00 PM ET 2006-06-20T16:19:00

Guests: Mark Bowden

RITA COSBY, HOST, “LIVE AND DIRECT”:  And now let‘s go to Tucker and THE SITUATION—Tucker. 

TUCKER CARLSON, HOST:  Thank you, Rita. 

Thanks to you at home for tuning in tonight.  Good to have you with us.

Tonight the food police strike again, and now they‘re targeting your cup of joe.  We‘ll tell you why they don‘t think you‘re smart enough to choose your own coffee when the top cop tells us he might even sue Starbucks.  He tells us why. 

Also ahead, a high school pulls the plug on this valedictorian because she mentioned God in her speech.  Has she crossed the line, or was her right to free speech trampled? 

And the latest school bus beating caught on tape.  This time a 10-year-old is the victim of several teenagers.  But was he at risk because he skipped two grades?  We‘ll get to that story in just a few minutes.

But first the latest on those American soldiers missing in action and thought to be hostages now in Iraq.  A group calling itself the Mujahideen Shura Council in Iraq says it kidnapped Private First Class Kristian Menchaca and Private First Class Thomas L. Tucker in an attack on Friday that also killed a third soldier.

Here‘s an audio recording of a recent message that Private Tucker left on his parents‘ voice mail.

(BEGIN AUDIO CLIP)

PFC THOMAS L. TUCKER, U.S. ARMY:  Hi Momma, I love you.  I love you, too, Dad.  I‘m just going to go on a little vacation, and I‘ll be back before you know it.  Everything‘s going to be OK.  And I will defend my country.  I will call you as much as I can.  You‘ll never not know what I‘m doing.  I love you once again.  And I miss you already.  I‘ll talk to you later.  Bye-bye.

(END AUDIO CLIP) 

CARLSON:  Many U.S. and Iraqi troops are now searching for those missing soldiers.  NBC‘s Mike Boettcher has the latest—Mike.

(BEGIN VIDEOTAPE)

MIKE BOETTCHER, NBC NEWS CORRESPONDENT:  Good evening, Tucker.

Late today, a group calling itself the Mujahideen Shura Council claimed responsibility for these two kidnappings.  In their statement they say the American military has launched a campaign of rage using armor and equipment in the region around the incident, but the Army of the strongest nation in the world, retreated in defeat and disgrace.”  That according to that statement. 

We cannot guarantee that this is an actual statement from a group that has kidnapped these two American individuals, but today U.S. military did confirm the names of the two individuals who are missing:  Private First Class Kristian Menchaca, 23, of Houston, Texas; and Private First Class Thomas Tucker, 25, of Madras, Oregon. 

Now, the U.S. military says it has launched a major operation to try to find these two soldiers. 

(BEGIN VIDEO CLIP)

MAJ. GEN. WILLIAM CALDWELL, U.S. MILITARY SPOKESMAN:  Approximately, 12 villages have been cleared in the area, and we continue to engage local citizens for help and information leading to the whereabouts of our soldiers. 

(END VIDEO CLIP)

BOETTCHER:  A senior U.S. military source tells NBC News he believes this was a major insurgent operation to kidnap Americans to try to gain an initiative back after the killing of Abu Musab al-Zarqawi last week—

Tucker.

(END VIDEOTAPE)

CARLSON:  NBC‘s Mike Boettcher, reporting from Baghdad.  Thanks, Mike.

Some of the most chilling images of the Iraq war have been of western hostages.  But there was another hostage crisis 27 years ago that shocked the world.  Fifty-two Americans were held by Iranian militants for more than a year.  Are there any lessons in their captivity that could help save the two soldiers missing in Iraq now?

My next guest‘s latest book is “Guests of the Ayatollah: The Story of the 444-Day Iran Hostage Crisis”.  He also wrote the best-selling book, “Black Hawk Down”. 

(BEGIN VIDEOTAPE)

CARLSON:  Joining us now from San Francisco, Mark Bowden.

Mark, thanks for joining us.

MARK BOWDEN, AUTHOR:  You‘re welcome, Tucker.

CARLSON:  What are our options?  What are America‘s options at this point with two men being held captive?

BOWDEN:  Well, I think we have to rely, I would hope, on good intelligence, and I would imagine for the past few years we‘ve made some inroads into the insurgency.  Obviously, we got Zarqawi, so it remains to be seen whether we can find where they are. 

CARLSON:  We seem to be doing it in such a large, such a public way that can contrasts pretty dramatically with the attempted rescue of the hostages.  And now considering that you‘ve just written a book about it, which was done, of course, in complete secrecy?

What do you think of those relative approaches?  The public manhunt or the secret attempts to rescue the hostage?  Which is more effective?

BOWDEN: Well, it depends on the circumstances.  In this case, what we want are Iraqis to come forward and give us information to help us find these soldiers.  And so the more they‘re aware of the level of importance and the energy and effort being put in it, I would think maybe, you know, it makes it more likely that we‘ll find something out. 

In the case of the rescue of the Iranian hostages, everybody knew where they were.  The problem was just sneaking in and getting them.  So secrecy was really important. 

CARLSON:  Are there any lessons from that failed attempt that authorities can use in this attempts?

BOWDEN:  Well, I think that the whole special operations community in the military has been built on the failure of the Iran rescue mission, basically, you know, to keep abilities that we have, the kinds of equipment, and helicopters, and vehicles and whatnot are all meant to fill that gap, which became so apparent when we failed in 1980. 

CARLSON:  So what kinds of things do you think the military is doing secretly right now?  Would you imagine, to find these guys?

BOWDEN:  I‘m sure we‘re listening to any kind of communications although I doubt that the insurgents are foolish enough to be using cell phones or anything like that. 

My guess is it‘s mostly human intelligence work, making contacts with informants, trying to make some inroads.  My hope is that there is sufficient—there‘s a sufficient willingness to help out among the Iraqi people in that area that we‘ll get to them before we start seeing the video tapes. 

CARLSON:  Well, I hate to have to hang my hopes on that.  What do you think they want?  What does a group like this want out of a kidnapping?

BOWDEN:  Well, I think that, you know, if you can grab American soldiers, and put them on video, it magnifies the horror of the accomplishment.  I mean, the American soldiers are being killed, sadly enough, every day in Iraq, but when you can capture somebody and get them pleading for their lives on camera, it—it magnifies the impact of that horror a thousand fold, so that‘s the value of it. 

CARLSON:  We make a big display of not negotiating with terrorists or hostage takers, but I often wonder if we do negotiate secretary with them.  Do we?  Do you know?

BOWDEN:  We do.  Indeed we do.

CARLSON:  Can you give me an example?

BOWDEN:  Well, in the case, for instance, of the Burnhams (ph), a

couple who were kidnapped in the Philippines about four or five years ago,

actually the American authorities offered $300,000 for their release, and

actually, what happened in that case was the Philippine police sole it from

so it never got to the kidnappers.  But...

CARLSON:  And then botched the rescue attempt, and the husband was killed.  Boy, that‘s depressing.

Do you think we would—do you know of instances in Iraq, specifically, where we‘ve negotiated with hostage takers or with the insurgency, for that matter?

BOWDEN:  I don‘t.  There have been any number of cases where there have been hostages, but in most cases, things have ended badly for Americans.  So, you know, I think the only hope for these soldiers would be that enough Iraqis today are willing to provide information that we‘ll find out where they are before their captors kill them. 

CARLSON:  And finally, who is doing the searching?  Is that—are those Delta operators who are doing that?  I mean, in addition to the troops you see around, going house to house?

BOWDEN:  I would think you would only use someone like Delta if you had a mission, if you knew exactly where somebody was and wanted to send somebody in.  Intelligence work is done by special forces, and by CIA And defense intelligence.  I am not sure how it would be handled there. 

CARLSON:  All right.  Mark Bowden, joining us from San Francisco. 

Thanks a lot. 

BOWDEN:  You‘re welcome, Tucker.

CARLSON:  We turn now to the latest outrage in the Duke rape hoax.  MSNBC was given an exclusive look at almost 1,300 pages in evidence in that case.  And as expected, it does not look good for the prosecution.  Over 1,000 pages and, apparently, an appalling lack of evidence. 

So what will it take to put a stop to this prosecution and reign in the out-of-control district attorney in Durham, Mike Nifong? That‘s the question for NBC legal analysis, Susan Filan. 

She joins us tonight from Stanford, ConnecticuT.

Susan, thanks for coming on. 

SUSAN FILAN, FOX NEWS LEGAL ANALYST:  Hi, Tucker.

CARLSON:  Of course, as district attorney Mike Nifong‘s job is not to simply protect the accuser in this case, but all citizens of Durham, including the three men accused—falsely accused it appears at this point. 

Having seen these 1,300 pages, knowing what‘s in them, on what basis were these charges filed do you now think?

CARLSON:  Well, just to set the record straight, Dan Abrams gave me what I wanted to see.  I‘ve been saying all along what I need to see is the victim‘s statement and the medical reports.  Otherwise I can‘t, what the defense motion‘s at their word.  It‘s defense spin as far as I‘m concerned.  Uh-oh.  I‘ve seen it now. 

CARLSON:  Ok.  To the medical, this as America Mr. Nifong came out shortly after these charges were filed, and he said one of the people, one of the Duke lacrosse players had her and in an attempts to breath, she grabbed his forearm with her hand.  In other words, she was being choked by one of the rapists, said Mr. Nifong.  That the duty medical records report that?

SUSAN FILAN, MSNBC LEGAL ANALYST:  No, here‘s the problem, Tucker.  The accuser gave a statement to the police, which differs wildly from the statement that she gave the sexual assault nurse, which also differs from the statement she gave to the doctor, which is extremely different from Kim Roberts, the Other dancer‘s statement. 

So the victim tells the police that she‘s choked and beaten and kicked.  She tells the doctor no physical injuries, and the doctor finds no physical injuries.  What you need to prosecute...

COLMES:  Wait a second.  Wait a second.  I mean, in show after show on this program, we‘ve heard that there are reports showing that she had these grotesque, profound physical injuries from the rape?  Or we didn‘t see any evidence of those at all?

FILAN:  No, the only evidence you‘re going to see at all, physical evidence, is what they call an edema in the vaginal area.  It‘s a little bit of swelling.  We know that she engaged in other activities that could explain that.  That, in and of itself, is not evidence of sexual assault, and that‘s the problem. 

What you need in a rape case to prove it, even to bring it, is consistency and corroboration.  We‘ve got inconsistency after inconsistency, and absolutely zero corroboration.  Now that I‘ve seen the statement for myself, I‘ve seen the nurse‘s exam for myself, I‘ve read notes from the doctor‘s exam, for myself, because Dan Abrams looked at this stuff.

I‘ve got to tell you that this is bad news for the prosecutor.  It‘s bad news for the citizens of the state.  It scares me what this country is going to think about our criminal justice system. 

CARLSON:  And for good reason, I think.  Here you have, for example.  This is one among many.  Here you have D.A. Mike Nifong saying in public, both on MSNBC, and another television network, that he believed condoms were used, and those condoms may account for the lack of DNA evidence. 

FILAN:  According to the court papers, at least according to “Newsweek”, the accuser told examiners at the hospital that alleged attackers did not use condoms.  In other words, Nifong knew that on condoms were not used, and then he went around telling the press that he believed they were.  He lied to the public, in other words.  Is that your understanding after reading the court documents? 

I can‘t go that far to say he lied to the public, but boy, did he mislead.  Now I‘ve got to tell you.  There‘s something else in those medical records, and I don‘t know if I can say—it‘s pretty graphic statement.  But let me put it to you...

CARLSON:  Go ahead.

FILAN:  She gives a very graphic statement about where some sexual activity took place in her mouth, and the results of that sexual activity would have clearly deposited DNA in her mouth, which she says she spit out and would be on the floor.  Forgive me, Tucker.

There is no DNA that corroborates that story.  Zero.  And when the police searched that house, my understanding is sorry boys, your bathroom was filthy, your house was a sty.  All that to say these guys didn‘t clean up, so if that had happened it would be still be...

CARLSON:  Yes, that is correct.  That is graphic.  This whole case is graphic.  This whole—this is all a kind of pornography, as far as I‘m concerned, and the result of it is the destruction of the lives of three apparently innocent men. 

Knowing what you know now, what do you think can be done to stop this before it proceeds and goes to trial?  I mean, we‘ve been saying on this show from day one, almost, that this is a travesty, this is most likely a hoax and that Nifong is out of control.  Is there anyone who can stop him at this point?

FILAN:  The only thing that can be done, because otherwise, the answer is nothing.  Except now we know that people are coming to challenge his election in November.  Remember, he just won a primary.

CARLSON:  Right.

FILAN:  He was a Democrat.  Nobody opposed him.  No Republicans opposed him, no other Democrats, so he won the Democratic primary.  So he was D.A., basically, by default.

Well, now we know people are trying to unseat him.  Should that happen, and they take a fresh look at the case, they could dismiss the charges. 

Short of that, Nifong has made a statement, I believe, in “Newsweek” which you referred to.  He e-mailed back to the reporter that was trying to get him to comment...

CARLSON:  Right.

FILAN:  ... basically saying, you know, the media is out of control. 

You bought into defense.

CARLSON:  Oh, yes.  It‘s always the media‘s fault.

FILAN:  And I‘m not backing down.  If you want to see this case, you see the evidence, you show up at trial.  That‘s cowboy rodeo talk.

CARLSON:  Wait a second.  These are civil rights violations at a certain point.  I mean, at that point, it‘s common as far as I‘m concerned.  T he civil rights of the accused here have been violated in ways that are measurable.  Where is the Justice Department in this, as we‘ve been saying since day one?

FILAN:  He has absolute immunity from suit.  There is no recourse in that.  There‘s just no recourse there.

CARLSON:  So why can‘t there be a federal investigation starting about 20 minutes ago?

FILAN:  Well, that‘s just not the way it‘s done. 

CARLSON:  It sure is done that way in a lot of other jurisdictions. 

If the Justice Department civil rights division believes that, of course...

FILAN:  No, no, in this case, what you could do is you could unseat him.  You could appoint a special prosecutor, but you know, investigate him for what?  They‘re not going to impeach him.  They can‘t take away his discretion.  They can‘t take away his authority.  And he can‘t be sued; he‘s immune.  That‘s not the way out of this. 

The way out of this for him is one of two ways, which neither is going to happen in my opinion. 

CARLSON:  Right.

FILAN:  Drop the charges, and say game over, can‘t prove it, made a mistake.  Or the cowardly way would be to say she‘s not going to press charges, she wants to—and therefore he can‘t do anything.  But none of those are going to happen. 

CARLSON:  Something has got to happen.  You know, it‘s hard to believe things like this happen still in America, in 2006, and I—you know, this is the time when you thank God for the media, as horrible as we‘re portrayed often, you know.  I think the press is helping this case. 

Susan Filan, you definitely have.  Thanks a lot. 

FILAN:  Thank you, Tucker. 

Still to come, Democratic congressmen and passionate war critic Jack Murtha comes up firing against Karl Rove on U.S. policy in Iraq.  Some of his criticism is fair.  Some of it isn‘t.  We‘ll show you the difference.

Plus, is there anybody in the world who thinks a venti mocha frappuccino with whipped cream is part of a low fat diet?  One concerned health group would like to do the thinking for you and has Starbucks in its crosshairs.  We‘ll explain what THE SITUATION returns. 

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

REP. JACK MURTHA (D), PENNSYLVANIA:  He‘s sitting in his air conditioned office on his big, fat backside, saying stay the course.  That‘s not a plan.  I mean this guy—I don‘t know what his military experience is, but that‘s a political statement.  This is a policy difference between me and the White House.  I disagree completely with what he‘s saying.

(END VIDEO CLIP)

CARLSON:  That was Congressman Jack Murtha yesterday, taking aim at Karl Rove.  Notice the dig at Rove‘s lack of military experience.  Translation, if you didn‘t serve, you don‘t get to make war policy.  And you certainly don‘t get to disagree with former Marines like Jack Murtha.  A fair standard?  Here to debate that, Air America host Rachel Maddow. 

Already shaking her head, preemptively.

RACHEL MADDOW, AIR AMERICA RADIO HOST:  You‘re already spinning. 

Already spinning it.

CARLSON:  I‘m not spinning it.  And in fact, I like Jack in a lot of ways.  I agree with him on—he‘s pro-lifer, he‘s pro-military.  I mean, I don‘t hate Jack Murtha at all. 

I merely think it‘s an incredibly unfair standard, not only standard, it‘s a rhetorical device used by people on the left and the right, and in this case on the left.  It bothers me.  “You didn‘t serve, be quiet.”  No. 

We‘re all Americans.  We have differing views on the war.  I happen to be more on Murtha‘s side than I am on Rove‘s side, but Murtha shouldn‘t invoke his war service to make a point. 

MADDOW:  He didn‘t invoke his war service.

CARLSON:  “I don‘t know what his military service”—shut up, you‘re a Marine.  OK, great, I‘m impressed.  So was my dad.  So are a lot of people.  It doesn‘t mean have you special knowledge about Iraq that the rest of us have. 

MADDOW:  Tucker, in right-wing fantasy spin land, there‘s no actual debate  about the war.  There‘s no actual debate about President Bush.  There‘s no debate about Republican policies.  There‘s no debate about what‘s happened in the last three years. 

CARLSON:  I don‘t know what land.  I don‘t live in that land.

MADDOW:  What the debate is about right now, and we‘ve all gotten our instructions from Rove a week ago Friday when he gave his big speech about this, when he singled out Jack Murtha and John Kerry by name and nobody else by name.  The debate, according to right-wing spin fantasyland, is supposed to all be about Jack Murtha.

And you know what?  The strategy of picking on Democrats with combat experience and calling them cowards so you can give a rise out of them politically works.  It‘s not about a war. 

CARLSON:  I can‘t imagine what strategy you‘re talking about or what spinland.  I guess I‘m out of it.  I only live in the land that I occupy, and there‘s no spin in that land.  And I mean that sincerely.  I‘m merely saying...

MADDOW:  This is not about Murtha (ph). 

CARLSON:  Because he is the most articulate, and in many forms, the only truly anti-war voice on the Democratic side, and I‘m merely saying he pollutes his own arguments by using that device, as he does by saying this like this. 

As he said to CNN the other day, he was asked by the reporter is it fair to say that because we have troops on the ground we were able to kill Zarqawi?  And he said, “I‘m not sure about that.  I‘m not sure if they could have done it from outside Iraq.” 

I think that people like Jack Murtha, people who are against the war, hurt themselves when they end up becoming blinded by their hatred to the point where they can‘t recognize that Iraq is a mistake but there are some good things about it, such as killing Zarqawi.

MADDOW:  Nobody is saying that Zarqawi being dead is a bad thing.  Karl Rove, in that speech a week ago Friday, which is what Murtha was responding to...

CARLSON:  That‘s right.

MADDOW:  ... said that if Jack had his way, Zarqawi would stil be alive, saying the Democrats prefer that Zarqawi still be alive.  It‘s obscene that the debate about the bar is supposed to be about the Democrats.  The Republicans were braurning about why we went to the war and how long we would be there and troop strength and wrong about everything, and the Democrats are saying, it‘s time for a plan to get out of there, because they have been wrong about everything. 

I don‘t support the Republican policy on the war, and I am not carrying their wautyaur, and if you take that place, you have to come up with something better.  And they have not.  They don‘t deserve to win this election as bad as the Republicans have been, because their alternative on the war does not exist. 

The debate about the war is not about the Democratic party, it‘s about the war. 

It is. 

What is—

I don‘t support it, but it makes sense.  It‘s a point of view.  There is no Democratic alternative. 

We are going to stick with it, and the Democrats are saying let‘s get a plan to get the troops home.  . 

I am not saying that they are crazy for putting it forward, because they haven‘t.  When there is a Democratic plan, I hope you present it on the show and we can createak it. 

The Democratic plan is to end the war.  I know that‘s impossible to imagine. 

That‘s not the plan, but -

It‘s not. 

We‘l debate it in the future.  Coming up, condoleezza rice warns north korea.  Are they preparing for an attack on the U.S. And tuesday may be dan rather‘s last with cbs.  The former anchor, does he deserve better, or has his actions caught up with him.  Or both?

Stay tuned.  , (charming italian (announcer) your risks are always evolving.  Shouldn‘t your insurance stay in-synch? Travelers.  , i‘m ann and i‘m i‘d just started alzheimer‘s research when my grandmother was diagnosed.  I wanted to hurry up and find a cure.  We started working on ideas that no one else had tried.  Maybe people don‘t think we try hard enough.  But we believe we‘ll find the answers.  And we‘re getting closer.  What I see in the lab is very exciting.  What I see at last...  Is hope.  (announcer) glaxosmithkline.  Welcome back.  North caw ray yes is at it again.  This time it‘s president‘s threatening to fire a missile capable of reaching California. 

U.S. Intelligence officials tell us that it appears the long range missile is few lefueled and ready to fire, and a launch that could come as midday wednesday I north korea.  Eight years ago they shocked the world when it test fired a missile over japan and out into the pacific.  But experts say the missile is bigger and a direct threat to the united states. 

It could be capable of hitting a continental u.s., and many parts of the U.S. With a nuclear weapon. 

It was believed the earlier version could have hit alaska or hawaii.  But this could potentially reach the west coast. 

Alarmed president Bush has called international allies to consult on diplomatic steps against north korea.  And rice warned the test would amount to what would be a very serious matter and a provocative act should they decide to launch that missle. 

And japan threatened north korea with harsh consequences.  But why would north korea launch a missile test now. 

U.S. Oficials tell us that he is under presure to stand up to the U.S. And demonstrate their capability, and they believe they may be angling to get the same concession for the same offer to Iran. 

For a country that does not have nuclear weapons, and here we are with lots of nuclear weapons and the U.S. Does not Seem to be serious. 

Just how serious does the U.S. Military take a missle test.  The system, 12 intercepters missiles are on alert in case the test itself poses a threat to the u.s.. 

And it would be strictly diplomatic.  The U.S. Is talking to other nakeses at the u.n.  About how to respond, which could include economic sanctions should north korea go through with the test. 

Thank you.  Still to come, she is the smartest girl in school, but the valeditorian was cut of in mid sentence when she was trying to speak.  And we‘ll tell you what this boy‘s grandfather thinks about what prompted this school bus beating.  That‘s up next.  [ female announcer ] there are so many aches and pains, that keep you from getting a full night‘s sleep.  But starting tonight, there‘s a new pm that has them covered.  Introducing new advil pm.  The first and only pm with advil.  Now get multi-pain relieving power, plus a non-habit forming sleep aid...  To gently ease you to sleep.  Nothing‘s proven better...  On tough nighttime pain.  When aches and pains keep you up, there‘s new advil pm.  Stop hurting and start sleeping.  Still to come, mayor ray nagin wants the national guard back in new orleans, but this time to protect citizens and from murder and not a hurricane.  And here is what is going on in the world tonight. 

Here is what is happening, the army charged three soldiers for the murders of citizens.  They are awaiting a hearing to determine if there is sufficient evidence for a court-martial.  Massive flooding in houston after that city was hit with more than 10 inches of rain today.  Hundreds of people had to be rescued from their homes and cars.  More rain is expected overnight.  And the loan survivor of the mine disaster in january talked to federal and state investigators, randal mccloy is still recovering from his injuries.  And the government reports gasoline prices dropped for the first time in three weeks.  The regular unleaded gas fell 3 .5 cents this week. 

And we go back to the

Situations with Tucker. 

Now, this story has loyal Starbucks customers steaming mad.  The center for science and the public interest wants Starbucks to put information on a visible board and not just online.  Here is the director, michael jacobs. 

Of all the many times you and I have met on television, I have lost count, this may be the most dumb complaint.  Starbucks makes their ingreedance available online, and why are you harassing Starbucks?

Our concern is not in particular with Starbucks.  We are looking at all the restaurant chains, and looking at them in two regards, first is do they provide accessible information? None of them does.  We would like to see at least a bit of information, calories right next to each selection on the menu board, so it would be frappuccino, 800 calories, or what r is it.  So that way people are informed.  Give me pull information. 

People have that information.  They can ask, how many calories does the triple cap cheano latte have. 

People don‘t want to be hectored as they drink a cup of coffe, and they don‘t want to know, has that occurred to you?

People want more information, and putting it on the internet, and having a brochure is nice, but when you go into a restaurant, a fast food restaurant, you want fast service and you don‘t want people to get in line and study a complicated brochure. 

So people do want to know, but they don‘t want to know so much that they will ask the guy behind the counter?

They want accessible information, and the reason why they don‘t want to provide it, is because that would encourage people to buy smaller sir vings. 

Yes, actually people don‘t want to be harassed and bothered and have a finger wagge in their fice by you. 

Come on, Tucker. 

You know what this is about, you are going after Starbucks, because it gives you public accomplice tea and money for your organization and alows you to control the lives of American citizens, which another thing you enjoy doing. 

You would rather have restaurants trofle our lives. 

Well, you don‘t have to know.  Nobody is forcing anything on anybody, until you come along and start ramming your beliefs down other people‘s throats. 

What we have rammed down is the knew trishian facts and information on food

labor ls, and I suppose you would like

That to be taken off. 

I think it out to be voluntary.  When you walk into a supermarket, there is no one to tell you what is in the product, whereas when you walk in Starbucks, you are buying from a human being, and they can tell you that.  That‘s your goal is to wreck people‘s mornin?

There is one other thing that we ought to touch on, now that we solve the menu and labeling problem, which I think will be solved by cities and states who will pass laws requiring chain restaurants to post the calories. 

Why ot mom and pop‘s, aside from the fact that you cannot squeeze money out of them from lawsuits, but why not?

Because it‘s harder for them, and you draw the line at some point. 

We are talking about people‘s lives, what do you mean it‘s hard for them. 

We are talking about cancer, what is more important?

For practical reasons, and you know the difference between mcdonald‘s and mom and pop‘s, but if you want everybody I will sign you up to have all the restaurants do it. 

I think the whole thing is grotesque and another example of nannyism run a muk, and essentially it‘s perpetuated by you. 

The industry must love you, because you would like to take the price information off of cars and knew trishian information on off of food packages, and how about taking Should seist off of shoes, so people could choose whatever they want. 

Mr.  Jacob sun, thank you very much for joining us tonight. 

Thank you, Tucker. 

We turn now to a man who is having serious second thoughts about having that second latte.  Welcome him. 

There is no information posted in front of me, and I will just drink a way. 

That‘s the spare it, like the good lemon that you are.  The high school valeditorian value had her speech cut off because she had the nerve to mention God.  She deviated from her school speech that included seveal bible references, and when they caught on they cut off the mic.  I wanted to thank my lord and savior is what she said, and she got up there and talk about deviler shup, nobody would have contested her right to speak.  It‘s when you mention the God word that people freak out and are afraid of lawsuits and cut off the power. 

And people mention their parents, but parents exist, and that‘s a whole different subject.  I will read a quote from her speech, well maybe not a quote, but something similar.  God gave his so great, and he gave his son in order to cover everybody‘s shortcomings.  Now, if I am sitting in the audience graduating in a public school, I think thinking that he did not do enough to save migrate grandmother by getting shot in a ditch by the not see‘s nat s.  Is. 

Don‘t have a valeditorian.  Every time somebody gets up and gives a speech, people disagree with it.  I went to a liberal school, so I disagreed, but I sat there any way. 

The difference is, there is tax payer‘s money involved, and just because you are the valeditorian, you are selected to make a speech representing your entire class, and it‘s not a reward that can be used to—by the way, mineral christian bleafeds. 

Now you are stretching me out.  Can you imagine—the point is, you isagree. 

I could see where that could be offensive. 

Yeah, including you.  Every time you ask somebody to give his views, you are, again, certificate that people who disagree with those views are offended rblings so you get by with getting around the tradition, or you accept that not everybody will like it. 

You can say what you think so long as it‘s not religious in a public school. 

You are, as one of our emailers pointed out, a bible thumping atheous, your religion is every bit deeply—

I have the only true faith, because faith and religion is always taught by reward.  In the end you are rewarded for your behavior, and so it makes sense to have faith.  If you have faith in being God without beliefing in God, that‘s true faith. 

I have to turn off your mic, because I feel so threatened are by what you are saying.  . 

Well, a bus beating has been caught on tape.  This time it was a 10-year-old proud agee, there are two boys taunting and then beating him.  This boy skipped two grades, and he rides the bus with kids four and five years older than him.  The question is why are this kid‘s parents forcing their son in situations surrounded by kids older than him.  You are a strong you will bully, so you will take the other side.  . 

It‘s great playing devil‘s advocate.  Yeah, Tucker, you are right about that, and its not for everybody.  A lot of kids probably skipped and have skipped traditionally and they should not have been, and they are able to complete ahead of time, but two things, one, those kids should have been stopped by the driver or any nearby adult, the nearest adult is problem le the driver.  I don‘t see how that‘s allowed to go on. 

And two, those kinds of things—

And in one word, union bus driver.  It‘s not in the job description. 

But there is a higher moral. 

Ok.  Two, yeah, sure it‘s going to happen.  Adults will not be there again.  This is America.  Are you telling me that in America, Tucker, a ki is gifted, let‘s say it‘s going to put him in you can word positions, but to aspire to greatness or even to unusualness, do something out of the bogs, that people should be poud, and that should stop them, you should let the bullies win. 

That‘s a very good argument.  The truth is more obvious, is 10-year-olds are too little to be in middle schol.  Take them down to the gym and teach them how to box.  Coming up on the situations, we knew ray nagin could not control his city, but it‘s getting out of hand.  He calls in the national guard to stop a murder spree.  The details when we come right back.  The perfect place to lose your inhibitions...  Man:whoo-hoo! Announcer:  ...and the worst place to lose your money.  Man:no-o! Announcer:  carry American express travelers cheques.  If they‘re lost or stolen, we‘ll refund them in 24 hours.  Get them now and receive a $500 discount card, good towards the guaranteed lowest rates at thousands of hotels.  Plus extra savings on already low airfares, and lots more.  American express travelers cheques.  Now with bonus savings.  Get them beforeaugust 31st atyour local bank.  Man:  whoo-hoo! Announcer:  don‘t leave home without them.  With a 5-star crash safety rating, the smooth-riding mercedes-benz m-class...  Is safe no matter where you sit.  .  Coming up, new information on what made a woman commit suicide while having her kids in the car. 

Nagin asked for 300 national guards troops and state police officers.  We can‘t figure out why his own cops cannot do the job.  And then more on the investigation concerning mckinny.  A grand jury declined to indict her where she admitted hitting the officer.  The police is asking the house ethics committee about her conduct.  And the woman who drove off a cliff with her kids inside had a argument with her husband.  She received a phone call that supered a heated argument.  Her husband is charged with aiding in the suicide of his wife.  The top news man, it appears dan rather out lived his usefulness.  The 74-year-old news veterans will not hang up his credentials yet, he is considering a job at an cable channel.  In tonight‘s top five, we have the scoop on some of the highlights on dan rather‘s long career.  This is the cbs evening news with dan rather.  From pedestriantial assassinations to the war in Iraq, he has covered all the news he has seen fit in the—security officers punched rather in the stomach when he tried to interview the georgia delegation. 

This is the first time that policeman entered a convention. 

A new york mugging is hardly national news, until the muge is a reporter. 

His assailants were later made fun of by a musical group. 

The record shows that that‘s not quite the fly. 

And in 1974, this was a real knock out.  . 

And 14 years later he tried to sucker punch president Bush. 

How would you like it if I judged your career by those seven minutes. 

And rather takes on hi final aponeut, another judge Bush?

Did he fulfill all of his military commitments. 

And this is based on phoney documents, and in march of last year, he was anchored a way, and to each of you, courage.  . 

Go ahead tonight, finely a diet that we can stick to.  We‘ll tell you why jenny craig may be throwing her weight behind kit kat bars and candy bars.  THE SITUATION will be right back.  .  S had two great loves, music and his own independence.  Rosie:  if it‘s friday, i‘m playing at the pine cone inn.  Announcer:  long term care insurance from genworth financial can help you live on your own terms in your on home, receiving covered benefits where and when you choose.  Genworth financial.  Insurance for living.  Solutions for life. 

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We will leave to you believe that you are recovering, but you will be eatig baby ruth and butterfinger. 

Apparently saved by the bell residual checks are not paying the bills any more.  Apparently one of the chaketurs is selling t-shirts on the internet to prevent a disclosure on his home.  He says that he has ben given a month or he will lose his miscellaneous. 

Everybody in my generation loves him.  We were raised on him, but I cannot be held for his be held responsible for his financial problems.  The whole gang, mr.  Belleding could chip in a few bucks.  . 

$250,000, apears lot.  . 

It speaks vallyooms about where he is right now. 

Well, the world cup is attracting some of the worth criminals.  A woman was mugged yesterday for her ticket to the game last night.  The husband called the cops after the crook stole it and sat down besides him. 

Is that so weak.  As you pointed out, the real crime is attending this. 

My kids played soccer, and the rest of the world does it, and we should do it to. 

It‘s like the met strict system , but we don‘t follow it. 

Good night, that‘s the Situation for tonight. 

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

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