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CNN Wolf Blitzer Reports

Malvo Found Guilty; Michael Jackson Formally Charged; Troops Get Orders to Go to Iraq; New Saddam Photo Surfaces; Saddam's Daughter: "He has a Big Heart"

Aired December 18, 2003 - 17:00   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.


WOLF BLITZER, CNN ANCHOR: Happening now, prosecutor goes public, the first detailed allegations against Michael Jackson. The singer's attorney, Mark Geragos, he's set to respond this hour. We'll have live coverage.
Also happening now, a verdict in the sniper suspect case. Lee Boyd Malvo faces the jury.

Stand by for hard news on WOLF BLITZER REPORTS.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): Superstar charges. Michael Jackson faces the music.

Snapshots. Why Iraqis are snapping up a new photo of Saddam.

Daddy dearest. He had their husbands killed. Do they still stand by him? An exclusive interview with Saddam's daughters.

Is bin Laden next? I'll ask the man who got New York through 9/11, former mayor Rudy Giuliani.

ANNOUNCER: This is WOLF BLITZER for Thursday, December 18, 2003.

(END VIDEOTAPE)

BLITZER: There's a verdict in the murder trial of D.C. area sniper Lee Boyd Malvo. We have our legal analyst, Jeffrey Toobin, standing by.

First, though, let's go straight to CNN's Jeanne Meserve. She's at the courthouse in Chesapeake, Virginia.

Jeanne, fill is in.

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT: Wolf, guilty on all counts. That is the verdict. Guilty of capital murder in the commission of an act of terrorism, guilty of capital murder for killing more than one person in a three-year period. And guilty of using a firearm in the commission of a felony.

The first two of those charges carry a possible death sentence. The sentencing phase of this trial will get underway tomorrow morning. There were family members of sniper victims in the courtroom just a moment ago. They filed out of the courthouse in a way without making any comment to the press about this. But this was clearly the verdict that they wanted to hear here.

The defense had tried to make the argument that Lee Malvo was insane at time of the shootings, that he had been an impressionable, obedient young boy who came under the influence of John Muhammad, that John Muhammad indoctrinated him to such a point that he could no longer tell right from wrong.

That meets the legal definition of insanity. Several mental health experts testified that he met that criteria. The jury was not buying it. They went with the prosecution line which was that this was a young man who planned these shootings and engaged in them, knowing full well what the consequences would be.

So the verdict here today is guilty on all three counts. Malvo was in the courtroom, of course. He had no discernible reaction. The family members did not make any audible reaction in the courtroom either.

But a couple of members of the jury did appear to be upset at handing down this verdict, which as we say, could result in the death of Lee Boyd Malvo.

Wolf, back to you.

BLITZER: All right. Jeanne, stand by. We're going to be getting back to you.

Senior legal analyst Jeffrey Toobin has been watching this case with so many of us. How much of a surprise was it to you, Jeffrey?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Not at all. This was a really overwhelming case. There was tremendous physical evidence tying Muhammad and Malvo to this car that really was a killing machine with the sniper's nest set up in the trunk.

Plus, unlike in the Muhammad case, Malvo confessed to the murder of Linda Franklin to police officers. That is, of course, an extremely powerful piece of evidence. He later tried to recant, but that -- all of that combined to make this case almost open and shut.

BLITZER: I want our viewers to get a sense of this jury, Jeffrey. Stand by.

The jury deciding Malvo's fate is a very diverse group. It consists of four men and eight women. Four members are African- American, eight are white. As we go down the list, we find a homemaker, a lunchroom monitor, a teacher, and a retired teacher. There are ministers, one minister, a retired assistant school principal, a registered nurse and another homemaker, a sales manager, a legal assistant, an outside sales representative, and a mechanic. All of them round out the 12 jurors. Jeffrey Toobin, what, if anything, can we get from this very diverse mix of people in the sense of whether he's going to get capital punishment or perhaps life in prison?

TOOBIN: That's a pretty good jury for the defense. One of the bits of received wisdom about juries is that defense lawyers look for people who are in sort of the helping professions, teachers, ministers.

There are not any military people on the jury. In that part of Virginia, that's somewhat unusual. That's a part of Virginia with a lot of military and retired military. None of them on the jury. They're known as good prosecution jurors.

So I think this is a jury that will give Lee Malvo a fighting chance on the death penalty.

In terms of the guilt phase of the trial, I don't think the makeup of the jury mattered at all. This case was just so strong, he wasn't going to get acquitted anywhere.

BLITZER: All right. Stand by, Jeffrey. I want to go to a guest right now. Kwong Szuszka is the sister of Kwong Ballenger, one of those killed by the snipers, this one in Louisiana.

I just want to get your quick reaction, Kwong, to the guilty verdict now for Lee Boyd Malvo following the guilty verdict of John Allen Muhammad.

KWONG SZUSZKA, SISTER OF HONG BALLENGER: I am so glad that he got what he deserved. And justice is served. And this is my new good Christmas present.

BLITZER: I know that this is a very emotional moment for you, Kwong. And I'm happy that you're sharing this moment with our viewers. So watch the sniper saga unfold here in the greater Washington area.

Your sister was murdered before they arrived in Washington. Recount for our viewers what happened.

SZUSZKA: Yes. She was at the beginning -- victim at the beginning. And we didn't know it was related to Muhammad. And then after she got shot, it was happening just like the way she got killed. And I always keep asking God, I say, "God, what are you trying to tell me? Why are these people getting killed same way as she got killed? You know?"

And then when I found out it was Muhammad, I was so shocked. I said, I didn't -- I had been watching his face all the time on the TV, and didn't know how he chose -- he's the one that killed my sister. You know?

BLITZER: And our heart goes out to you. But do you hope he gets life in prison or do you hope he gets the death sentence? SZUSZKA: Oh, definitely I want him to get death penalty. And I don't want no mercy to people to give. Shouldn't be confused with that, you know.

He enjoys killing people. He laugh about it. He would do it again if he have any chance again. He could have run away from it if he didn't want to. You know, he know right from wrong and he choose to be, you know, killing people.

BLITZER: Kwong Szuszka, our heart goes out to you. Our deepest condolences on the murder of your sister, Hong Ballenger. Thank you so much for joining us on this day.

Once again, guilty, all three counts. Lee Boyd Malvo. Terrorism, capital murder, possession of a firearm in the commission of a felony murder in this particular case.

We'll have more on this story coming up.

Also, dramatic developments happening elsewhere across the country.

For the first time, for the first time we're learning right now the exact charges against Michael Jackson. News cameras from around the world were on hand as the paperwork was formally filed in Santa Barbara County, the site of Jackson's so-called Neverland Ranch.

The pop star faces nine counts in total: seven of child molestation, and two counts of giving an intoxicant to a child.

Afterward, the district attorney talked to reporters, saying there are also what are being described as, quote, "special allegations" that could make Jackson ineligible for probation if convicted.

Right now, we're waiting for a response from Jackson's high- profile attorney, Mark Geragos. He's expected to hold a news conference shortly, this hour. We will, of course, bring it to you live once he emerges from his law office.

In the meantime, we have CNN's Miguel Marquez. He's standing by live in Santa Maria, California, and CNN legal analyst Chris Darden. He's in Los Angeles.

First, the nuts and bolts of what happened today, Miguel.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Wolf, nine counts, as you say. Seven of those for lewd acts upon a child under 14 years of age. All occurring between the 7th of February of this year, and March 10 of this year.

For five of those acts, two of them between the 20 of February, and March 20, and then the two for intoxicating -- administering an intoxicating liquor to a minor, also between February 20 and March 10 of this year. Those dates are important because there was a memo out, or a -- not an investigation as Thomas Sneddon said, it was more of an interview of people. But it was an inquiry by the Department of Welfare Services in Los Angeles. Around the same time that these charges were brought that seemed to exonerate Mr. Jackson.

But Mr. Sneddon here saying today that there is no doubt in his mind that won't have much of a bearing on his case.

The question also raised, which he answered, about whether or not the length of time it took to bring these charges, whether or not they were just fishing for information. He said during this press conference that is a categorical no.

(BEGIN VIDEO CLIP)

TOM SNEDDON, SANTA BARBARA D.A.: I know of no prosecutor that I have ever met who would issue an arrest warrant for an individual hoping they would uncover some evidence that would justify the filing of criminal charges later. And I want to make it clear to all of you here today, that was never -- never, never the intent of our office.

(END VIDEO CLIP)

MARQUEZ: Now Mr. Sneddon also addressed the fact that he allowed Mr. Jackson to go to the -- Great Britain for about two and a half weeks starting on the 20th.

He said that there were two contractual engagement that Mr. Jackson had before these charges were brought, and that is the reason he was let go. But when asked whether or not this would affect -- they were concerned about him running, he seemed to think that he could run whether or not he had his passport or not, so it really didn't matter -- Wolf.

BLITZER: Miguel, stand by, because I want to get back to you. Let me go to Chris Darden, our legal analyst, first though.

Chris, you've now read, as have I, these nine counts that have been formally filed, the document released. It's on the Web right now.

What stuck out in my mind was the sort of general nature of the seven counts, child molestation, none of the graphic details that some had anticipated would be included were actually included. Is that standard operating procedure?

CHRIS DARDEN, CNN LEGAL ANALYST: Well, that is standard operating procedure, Wolf. In fact, what they used in charging this case was a standard statutory language.

However, when you look beyond the nine counts, you do get a sense of what is actually being alleged here. There is that special allegation that you alluded to earlier, and that allegation accuses Michael Jackson of engaging in substantial sexual conduct. When one looks at the California penal code for a definition of substantial sexual conduct, it includes such things as rectal penetration, masturbation, oral copulation and a few other sexual acts.

So I think that Tom Sneddon has given us an indication as to what exactly he alleges went on at Michael Jackson's ranch.

BLITZER: And in fact, what he's accusing Michael Jackson of doing is giving this boy alcohol, getting him drunk, if you will, and then engaging in some sort of sexual act with the boy.

Is that a fair summary of what's in these nine counts?

DARDEN: That is a fair summary of what is involved in these nine counts. You have to look beyond the pleadings, but it's there. It is there.

BLITZER: It sounds, though, that these are such serious allegations. Why would the D.A. Then go forward and say, "You know what? We're not going to directly get involved in whether he should have custody of his own children. And we're not going to necessarily stop him from traveling abroad and going around and doing whatever he wants to do."

DARDEN: Well, the issue of the custody of the children is beyond Tom Sneddon's jurisdiction. And he properly should not be involved in that decision.

However, giving Michael Jackson his passport to leave the country is extremely odd, given the fact that he insisted that Michael Jackson return from Las Vegas, surrender that passport and post a $3 million bond. It does not make sense. And you know, you'd find very, very few prosecutors who would allow an alleged child molester to leave the city limits, let alone the state or the country.

BLITZER: So how could be possibly explain his explanation, his rationale for going ahead and letting Michael Jackson get his passport for a trip abroad?

DARDEN: You know, I can't explain it. I don't know why Tom Sneddon insists on accommodating Michael Jackson in this regard.

I mean, defendants post bail so that, one, they can be assured of returning to court when the times comes, but also to help ensure that they commit no new offenses. To give him a passport and allow him to leave the country is to give him a key to the jailhouse door.

BLITZER: All right. Chris Darden, I'm going to get back to you, as well.

I want to move on, though. Another of Jackson's friends, though, is offering some public support. The person known as a paranormalist, Uri Geller, says while Jackson is unusual, he doesn't believe he's a child molester.

(BEGIN VIDEO CLIP)

URI GELLER, FRIEND OF MICHAEL JACKSON: For me, it's sort of inconceivable that he did this. It's just beyond my understanding. I would say that I believe that he's innocent. I can't say that he's not weird or strange. He is.

(END VIDEO CLIP)

BLITZER: Geller, who spoke before these charges were formally announced, also says he has warned Jackson on two occasions to change his behavior with children, saying no matter how innocent it is, it's simply not acceptable to the public.

Stay tuned to CNN for continuing coverage on the charges filed against Michael Jackson. We're awaiting to hear directly from his attorney, Mark Geragos. That's coming up later this hour. CNN will have live coverage.

Also later tonight, Larry King's guests will include Mark Geragos, as well as Michael Jackson's brother, Jermaine Jackson. That's on "LARRY KING LIVE" tonight, 9 p.m. Eastern, 6 Pacific.

We're covering lots of other news today, as well, including Saddam Hussein. Saddam Hussein, in fact, like you've never seen him before. A new image of the former Iraqi dictator surfaces in Iraq. We'll go there live; we'll take a closer look.

Also, smoke fills the skies over Memphis. A Fed Ex flight comes to a fiery end.

And what grade does Rudy Giuliani give the war on terror? The former mayor of New York will be joining us live. We'll get his assessment; what's next?

First though, our news quiz. Which of the following people first recommended the Jackson 5 to Motown Records? Diana Ross, Gladys Knight, Elizabeth Taylor, Joseph Jackson. The answer later in the show.

(COMMERCIAL BRAEK)

BLITZER: We've got a developing story over at the Pentagon. Our Pentagon correspondent, Barbara Starr, is ready to break it.

Barbara, what's happening?

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Wolf, indeed, late breaking word here that many U.S. military families are about to get a very unwelcome Christmas present.

About 3,500 troops from the 82nd Airborne Division at Ft. Bragg, North Carolina, are getting word today, unexpectedly, that they will be going to Iraq right after the holidays.

Now these 3,500 troops, we are told by military officials, were not in the scheduled rotation to go to Iraq. But unexpectedly, they are going. And the reason is a National Guard unit from Washington State that was designated to go, it's been decided that they will stay back for awhile, get some additional training for the types of operations on the streets of Iraq that are needed to root out those insurgents, since it's no longer a combat operation.

So now about 3,500 troops, a brigade's worth from the 82nd Airborne at Ft. Bragg, North Carolina, families getting notified today, we are told, that their troops, that those soldiers, will be going to Iraq unexpectedly right after the Christmas holidays -- Wolf.

BLITZER: Any indication, Barbara, how long they'll stay?

STARR: No. It is expected that the full troop rotation for everyone is one year. What may happen is these troops now may be able to relieve some of the other troops that have been there awhile.

But it looks like much of this is going to depend on how soon those National Guard units can be fully trained up, ready to go and do the mission that is now evolving in Iraq, which is those street missions of rooting out insurgents.

BLITZER: At least they're letting them spend the holidays with their families before they ship them off to Iraq.

Barbara Starr, breaking that story for us here. Thanks very much.

And there is a startling new picture of Saddam Hussein showing that -- a slightly different look of the former Iraqi leader. It's a picture, though, that Iraqis can't seem to be getting enough of.

CNN's Bill Hemmer is in Baghdad. He's following this part of the story.

(BEGIN VIDEO CLIP)

BILL HEMMER, CNN CORRESPONDENT (voice-over): The latest image from Saddam Hussein came in the form of a picture published in a local newspaper.

This is the picture. Ahmed Chalabi, member of the Iraqi Governing Council, sitting across from Saddam Hussein, who is seen in this photo wearing sandals and the traditional Arab clothing, not what we are used to seeing the former Iraqi leader.

Interesting note. What they're saying in Baghdad about this, Ahmed Chalabi actually controls this newspaper. It's put out by his political party, the INC.

There were three other members of the Iraqi Governing Council visiting Saddam Hussein. They, however, had been cut out of this picture and are not seen. Some are already suggesting in Baghdad this is more of a political statement than anything else by Ahmed Chalabi.

Nonetheless, the last word we have so far today on the custody of Saddam Hussein. I'm Bill Hemmer, CNN, Baghdad.

(END VIDEOTAPE)

BLITZER: Thanks very much, Bill.

And he ordered the deaths of their husbands, his own sons in law. But Saddam Hussein's two older daughters continue to defend him, saying he has -- and I'm quoting now -- a big heart.

Now from her sanctuary in Jordan the eldest, Raghad Hussein, is speaking out on camera for the first time since Saddam Hussein's capture. She was interviewed by our own Rym Brahimi, who's joining us now live from Amman with this exclusive story.

Rym, tell us all about it.

RYM BRAHIMI, CNN CORRESPONDENT: Well, Wolf, it's been four days now since the capture of the former Iraqi president, Saddam Hussein. And clearly, Raghad Saddam Hussein, who's the eldest of his daughters, of his three daughters, has had time to think about it.

Interestingly enough, she was extremely keen to -- she really wanted to speak Arabic in the interview. She speaks English, but she refused to speak English to us, because she said she wanted to be extremely precise in what she said.

And the emotions seemed to remain the same. The sadness. She told us about the disbelief at first when she found out that her father had been captured just by watching TV. And she refused to believe it until she saw the pictures, at which point she broke down in tears.

But she remained very consistent with her theory that she's had from the beginning that her father was not in his normal state.

Let's listen in.

(BEGIN VIDEO CLIP)

RAGHAD SADDAM HUSSEIN, SADDAM HUSSEIN'S DAUGHTER (through translator): I sat on the floor and began to cry. My daughter began to comfort me and hug me. But it was really horrific. Painful and very cruel. It wounded me very deeply.

Anyone with insight could tell from the first instance that my father was not fully conscious. As a daughter, I told hem from the start, my father is drugged. I am 100 percent convinced.

Until this moment, I read a lot of analysis in the papers which indicate other things. But I am convinced that my father was drugged.

(END VIDEO CLIP)

BRAHIMI: Now, Wolf, she also said that she wanted a trial -- she wanted if a trial were to take place, that it take place outside of Iraq and said that she didn't think her father would get a fair trial in Iraq.

But I think most of all in my conversation that followed the interview, a more private conversation, she was very, very keen to stress this was just her talking as a daughter about a father to whom she believed she had a duty -- Wolf.

BLITZER: Rym Brahimi with that report from Amman, Jordan. Rym, good work. Thanks very much for joining us.

And this important note. Stay tuned to CNN for more of Rym's interview with Saddam Hussein's daughter. You can watch that tonight on PAULA ZAHN NOW. that's at 8 p.m. Eastern, 5 Pacific.

A top Pentagon official says if he is still alive, Osama bin Laden faces the same fate as Saddam Hussein. The joint chiefs chairman, General Richard Myers, said so today during a visit with U.S. troops at the Bagram Air Base in Afghanistan.

(BEGIN VIDEO CLIP)

GEN. RICHARD MYERS, JOINT CHIEFS CHAIRMAN: If bin Laden is still alive, and I think most suspect he is, then he will be captured some day, just like we captured Saddam Hussein. And that's what people here are about. They're working very hard; they're working every day. And some day he'll be brought to justice just as Saddam was.

(END VIDEO CLIP)

BLITZER: General Myers says although the threat remains, al Qaeda has not been effective in Afghanistan for sometime. And he says security and the economy have improved in that country dramatically.

Rudy Giuliani is no stranger to just how horribly effective al Qaeda can, in fact, be. The former mayor of New York received international acclaim for his leadership in the dark days following the 9/11 attacks on the World Trade Center two years ago.

He's just returned from a visit to the Middle East. He was in Israel. He's joining us now live from New York.

Mr. Mayor, welcome back safe and sound. Good to have you back on U.S. soil.

Give us your immediate gut reaction to the capture of Saddam Hussein.

RUDY GIULIANI, FORMER MAYOR OF NEW YORK: Well, I think it was a wonderful achievement. I mean, when you think about it, he was someone that just a year ago today was sitting there in Iraq on top of billions and billions of dollars that could be used for terrorism, to support terrorists. He was a key player in the terrorist network.

And now he's captured; he was taken out of power; he was living in a hole. He's been totally destroyed from the point of view of being able to play any role in world terrorism. And that's how you ultimately destroy world terrorism. You go at it a piece at a time, and you take out their key players. So this was a big step.

BLITZER: Are you among those who suspect that Saddam Hussein may have had some role in 9/11?

GIULIANI: Well, direct role? I don't know the answer to that. I mean, that's going to have to be developed and that's still an open question. But indirect role, of course. I mean he was a key player in world terrorism.

And -- if you think of terrorism the way I used to think of organized crime, you know, it's made up of a group of different families. Some of them participate in certain acts. Some don't directly participate in it, but they keep the structure alive, then he's one of the people that kept world terrorism, global terrorism going.

He trained people. He supported people. He had tremendous resources available. So in that sense, he kept that whole structure.

BLITZER: There's a huge debate under way in the U.S. intelligence community and outside the intelligence community of whether or not he had any significant relationship with al Qaeda and Osama bin Laden.

GIULIANI: Yes. In a way, from the point of view of making the world safe from global terrorism, confronting it, beginning to destabilize it and reduce it, that's an important issue. But it doesn't matter from that point of view.

He was a key player in world terrorism. He is no longer a key player. That reduces their influence, their power. It reduces the money they have available to them. So that becomes a significant victory, in and of itself.

BLITZER: So I take it you would strongly disagree with the Democratic presidential candidate Howard Dean, who suggests that as good as it is that Saddam Hussein has been arrested, has been captured, it doesn't really make Americans safer. I'm paraphrasing the thrust of his remarks.

GIULIANI: Of course it makes America safer. To take out a key player in world terrorism makes the world safer. There's no question that today the world is safer than it was a year ago when he was sitting on top of billions and billions of dollars, capable of assisting world terrorist movements any time, any place, anywhere he wanted with his tremendous hatred of the United States of America.

However you come out on the role that he may or may not have played with regard to September 11, and whatever the ultimate verdict in history is going to be on that, the reality is that the world is now safer with Saddam Hussein arrested and out of power. There is no question about that.

BLITZER: His argument, Bob Graham, the senator from Florida, and others that -- they have made the case, though that the Bush administration has recklessly -- I don't know if the word "recklessly" I appropriate -- but needlessly diverted a lot of attention to Saddam Hussein and Iraq that could have been focused on al Qaeda and Osama bin Laden, the actual architects of 9/11.

And as a result, they have been allowed to continue on their way when the U.S. was focusing all this attention on Iraq. You've heard that argument.

GIULIANI: Yes. Sure, I have. I've heard that, you know, often as a political argument. It really doesn't make much sense in terms of the war on terrorism. You've got it fight it in a number of different places and against a number of different people.

And bin Laden has played a role in world terrorism. Saddam Hussein has. There are a number of other parts to it. You've got to pursue both of them.

And a tremendous amount of damage has been done to al Qaeda. Look at the people sitting in Guantanamo. Look at money seized from al Qaeda, which I think was a significant step in the war against terrorism, one that goes unnoticed but not to me.

Having seized all of the assets of al Qaeda that were seized back in September and October of 2001, is precisely the way the United States should fight this war, like we fought the war on organized crime.

Capture, put in jail, eliminate the key players, the Saddam Husseins, the bin Ladens, and take their assets away from them. As significant as capturing Saddam Hussein to me is taking that billions of dollars away from him. And we've already done some of that with al Qaeda way back in 2001. And this is being fought the way a determined and patient war on terrorism should be fought.

I think the politics of it are almost relevant to the actual conduct of it. You know, politics, people argue over everything.

BLITZER: One final question, Mr. Mayor, before I let you go. As happy as you were that Sunday morning when you heard that Saddam Hussein has been captured, share with us your feelings, if one of these days you wake up and you hear that Osama bin Laden has been captured.

GIULIANI: I tell you what. When it happens, I'll share them with you. I don't even know what they'll be. The reality is that, you know, bringing him to justice would be very, very fulfilling, not just for me but for all of us who lost so many friends and -- I think all of America that was so damaged by September 11.

That would be a very, very big step and -- but I consider the capture of Saddam Hussein very, very important also. And also, a kind of way of underscoring the fact that if you remain patient and you remain determined and you try to take this out of all the irrelevant political debate, you can ultimately be successful.

BLITZER: Rudy Giuliani. Always good to have you back in the United States. Glad you're here. GIULIANI: It's nice to be back.

BLITZER: Thanks very much for joining us. We will talk with you on that day when Osama bin Laden is captured.

More news unfolding here in the United States. New developments, in fact, in the Michael Jackson case. We're expecting to hear shortly from Jackson's high-profile attorney, Mark Geragos. We'll have live coverage once he emerges.

President Bush visits the doctor. We'll tell you what the doctor had to say about the president's knees.

And a new announcement from Israel's prime minister. Why it's drawing fire from Palestinians and some Israelis alike. Stay with us.

(COMMERCIAL BREAK)

BLITZER: Welcome back to CNN. We're standing by to hear from Michael Jackson's attorney Mark Geragos. He's expected to speak shortly about the charges against the singer. We'll get there, we'll have live coverage. First though, a quick check of the latest headlines.

Pop star Michael Jackson has been formally charged with seven counts of child molestation. Prosecutors in Santa Barbara, California, also charged him with two counts of administering an intoxicant for the purpose of molesting a child. The D.A. says Jackson's young accuser will take the stand at the trial. Arraignment is planned for January 16.

A Virginia jury says sniper suspect Lee Boyd Malvo is guilty. After two days of deliberations, jurors convicted Malvo of capital murder, terrorism, and a firearm violation. Malvo is convicted of one of ten D.C. Area shooting deaths last year. His conviction makes him eligible for the death penalty. The sentencing phase of his trial begins tomorrow.

Investigators now confirm bullet strikes on two school buses this week, the latest suspected attacks in a string of highway shootings in the Columbus, Ohio, area. No one was hurt. School was suspended for more than 20,000 children today while officials inspected the entire school bus fleet.

The Federal Centers for Disease Control and Prevention says 36 states now report widespread flu activity. That's up from 24 states last week. The CDC says the number of deaths from flu and pneumonia is just under the threshold that would make it an epidemic.

Investigators in Memphis, Tennessee, are trying to figure out what caused a FedEx cargo plane to catch fire upon landing today. Federal authorities say a landing gear may have collapsed. The two crew members and five passengers suffered minor injuries. A FedEx spokesman says they're to trying to determine the condition of the packages on board.

Back to Iraq now where there are signs that the situation is beginning to change after the capture of Saddam Hussein.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): A new image of Saddam Hussein in captivity. His beard shaved and hair trimmed. He's shown meeting with Ahmed Chalabi, a member of Iraq's governing council.

The photo appears in Chalabi's own newspaper and copies fly off the shelves. A top U.S. official says since Saddam's capture last Saturday, there is a spike in the number of Iraqis signing up for the civil defense corps.

DAN SENOR, ADVISER TO PAUL BREMER: The rumors and the bizarres and the (UNINTELLIGIBLE) across the country have been that Saddam Hussein is going to return, the bitter enders, those who have ties to the former regime would send a message that if you cooperate with the coalition, you'll get your tongue cut out, your head cut off and you'll be returned to a mass grave or a torture chamber. Now they realize that's over.

BLITZER: But the streets still far from safe. In Baghdad, a U.S. soldier was killed when his patrol was ambushed and Shiite representative was gunned down near his home. In Samarra, Operation Ivy Blizzard continues.

BRIG. GEN. MARK KIMMITT, U.S. ARMY: The city of Samarra continues to be a location where a number of insurgent groups, former regime elements are operating out of.

BLITZER: To route out those elements, the U.S. Army's 4th Infantry Division swept in capturing more so-called high-value targets.

(END VIDEOTAPE)

BLITZER: No surgery but a change in routine for President Bush. Doctor's orders. The president had an MRI this morning in Walter Reed Army Medical Center. He's been having pain in his knees, one of which was operated on in 1997. The president, as all of us know, is an avid jogger. Doctors are telling him to abstain from rigorous running and instead incorporate cross training and stretching into his workouts.

If there's no progress in the Middle East peace process within the next few months, Israel is ready to take matters into its own hands. That declaration today from Israeli Prime Minister Ariel Sharon who said Israel will make unilateral changes aimed at disengaging itself from the Palestinians. CNN's John Vause has the details in Herzliya, Israel.

(BEGIN VIDEOTAPE)

JOHN VAUSE, CNN CORRESPONDENT: Ariel Sharon says he's still committed to the U.S.-backed road map peace plan but says he'll not wait for the Palestinians indefinitely. He'll not wait while Israeli society is held hostage by the Palestinians. Those were his words. He has now put the Palestinian prime minister Ahmed Qureia on notice that time is running out.

ARIEL SHARON, ISRAELI PRIME MINISTER (through translator): We do hope that the Palestinian authority will do its own part.

(END VIDEOTAPE)

(INTERRUPTED BY BREAKING NEWS)

BLITZER: Also, other important news we're monitoring right now. An alleged enemy combatant. The United States government, the Bush administration, ordered to release a suspected al Qaeda operative. Where does he go next? And what could this mean for other detainees? We'll get to all of that.

First, the answer to our "News Quiz."

(BEGIN VIDEO CLIP)

BLITZER (voice-over): Earlier we asked, which of the following people first recommended the Jackson 5 to Motown Records? The answer, Gladys Knight who in 1967 wrote to the Motown label owner suggesting he check out the Jacksons after seeing them perform at the Apollo Theater.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

BLITZER: Rivalries are shifting in the Democratic presidential battle. Time now for our daily look at developments on the campaign trail.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): Tomorrow marks one month until the Iowa caucuses. But most Democratic candidates set their sights on New Hampshire and the January 27 primary, a battle now shaping up as a fight for second place.

A new poll shows Howard Dean widening his lead to almost 30 percentage points in New Hampshire over his nearest competitor. That competitor, Senator John Kerry for now. Recent polls show Wesley Clark trailing Kerry by one to six points, and the gap is narrowing.

Evidence of the new Kerry/Clark rivalry. Both hit the trail hard in New Hampshire today and this week, Clark's campaign sent chicken wings to Kerry's camp to highlight Kerry's changing positions on the Iraq war. Kerry's gang responds by sending Zero candy bars to the Clark side. That would be "zero" for the number of full years Clark's been officially in the Democratic Party.

Dean, possibly energized that others are being attacked for a change, gives a big domestic policy speech at the city library in Manchester, New Hampshire.

DEAN: Bush tax is huge, many times greater than most people's refunds. It's going to be here for a long time. Add the Bush tax to all the other things the president never told us about.

BLITZER: In Michigan, former House Minority Whip David Bonior, an important labor advocate, throws his support to Dick Gephardt ahead of the increasingly important Michigan caucus on February 7.

And that's our look at the 2004 presidential candidates on the trail.

(END VIDEOTAPE)

BLITZER: Joining us now to talk about this campaign is Walter Shapiro. He's a political columnist for "USA Today," the author of an important new book on the campaign trail called "One Car Caravan."

Walter, congratulations, good work on the book, good work in all your reporting over these many years. You and I go way back.

WALTER SHAPIRO, "USA TODAY": Way back.

BLITZER: Is this all over with? Is Howard Dean a done deal?

SHAPIRO: No. We've never had a president -- contested presidential race where there isn't one or two or three surprises from this point forward. I mean what is amazing is where Howard Dean came from. He's the one-car caravan in my book 14 months ago. But still, there is many ways that he could lose Iowa and there are many ways that a series of candidates could rebound on February 3.

BLITZER: So Dick Gephardt might yet win Iowa.

SHAPIRO: Dick Gephardt quite possibly could win Iowa. Iowa is impossible to poll for. It's a test of organization.

BLITZER: But New Hampshire, he looks like he's 30 points ahead in these most recent polls in New Hampshire, Howard Dean over John Kerry and the others.

SHAPIRO: Tell that to President (sic) John McCain about the fact that unless you follow up New Hampshire with lots of other victories, New Hampshire can prove a problem. That isn't to say Dean has a tremendous lead. And from where he came from when I started writing this book, it's amazing. But it is not over by a long shot.

BLITZER: He certainly has the most money so far among the Democratic candidates. Unless John Kerry is going to start using a lot more. The AP is reporting now he's going to borrow $850,000 from his own family's money.

SHAPIRO: Well given the fact he walked away from $6 million in matching funds by opting out of the matching fund system, he's going to have to borrow an awful lot more to be competitive.

BLITZER: So what we're saying is February 3, the South Carolina, the Arizona and Oklahoma, there's a bunch of primaries and caucuses that day. There's going to be an enormous amount of excitement on February 3. SHAPIRO: And unless this year is unlike any other we've seen, somebody is going to emerge as the major challenger to Howard Dean. And who that someone is, we don't know. But it's not going to be an uncontested romp from here to the nomination.

BLITZER: A lot of drama, excitement still to come. Walter Shapiro will share it with his readers. "USA Today," you got a good new book, "one Car Caravan." Thanks very much, Walter, for joining us.

SHAPIRO: Thanks, Wolf.

BLITZER: The Bush administration may have to reconsider its plans for the war on terror. We'll tell you about some important developments. A court ruling today in the Jose Padilla case. What it means for American citizens designated as enemy combatants. Stay with us.

(COMMERCIAL BREAK)

BLITZER: The Bush administration's anti-terror strategy suffered a setback today. A federal appeals court gave U.S. military authorities 30 days to relinquish custody of Jose Padilla, an American citizen being held as an enemy combatant. The move could force the government to try Padilla in a civilian court. CNN's Deborah Feyerick is joining us live now from New York with details -- Deborah.

DEBORAH FEYERICK, CNN CORRESPONDENT: Wolf, at the heart of it, the appeals court finds that President Bush overstepped his authority by holding Jose Padilla without formal charges. The justices ruling that the president does not have the constitutional power, in their words, "to detain as an enemy combatant an American citizen seized on American soil outside a zone of combat." Only Congress can authorize that.

(BEGIN VIDEO CLIP)

ANDREW PATEL, PADILLA'S ATTORNEY: The president did not have the authority, absent congressional authorization, to do what he did here. So this is merely an affirmance of the basic structure of our government that our founding fathers established over 200 years ago.

(END VIDEO CLIP)

FEYERICK: Eighteen months ago Brooklyn-born Jose Padilla was arrested at Chicago's O'Hare Airport. He was labeled an enemy combatant and thrown in a military prison. The attorney general accused him of trying to build and detonate a radioactive dirty bomb in the U.S. The White House argued that the president should be able to detain enemy combatants anywhere to wage the war on terrorism.

(BEGIN VIDEO CLIP)

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: We believe the Second Circuit ruling is troubling and flawed. The president had directed the Justice Department to seek a stay further judicial review.

(END VIDEO CLIP)

FEYERICK: Under the ruling Padilla must be released from the military prison within 30 days. The government can decide to move him to a civilian court and charge him with a crime -- Wolf.

BLITZER: Deborah Feyerick with the latest on that decision. Thanks very much, Deborah, for that report.

Let's get to some of your e-mail. Bill writes this: "With their ruling to release Padilla today the court showed President Bush and John Ashcroft that they're going to get away with depriving United States citizens of their civil rights no matter how badly the Republican Party would like to do so."

Nick send us this: "The panel of judges isn't fooling anyone. They obviously would rather release a nuclear terrorist than prove their point in their turf war with the military that see justice done."

A reminder, we're here twice a day weekdays, 5 p.m. Eastern as well as noon Eastern. I'll see you tomorrow. Thanks very much for watching. "LOU DOBBS TONIGHT" starts right now.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com





Troops Get Orders to Go to Iraq; New Saddam Photo Surfaces; Saddam's Daughter: "He has a Big Heart" >


Aired December 18, 2003 - 17:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
WOLF BLITZER, CNN ANCHOR: Happening now, prosecutor goes public, the first detailed allegations against Michael Jackson. The singer's attorney, Mark Geragos, he's set to respond this hour. We'll have live coverage.
Also happening now, a verdict in the sniper suspect case. Lee Boyd Malvo faces the jury.

Stand by for hard news on WOLF BLITZER REPORTS.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): Superstar charges. Michael Jackson faces the music.

Snapshots. Why Iraqis are snapping up a new photo of Saddam.

Daddy dearest. He had their husbands killed. Do they still stand by him? An exclusive interview with Saddam's daughters.

Is bin Laden next? I'll ask the man who got New York through 9/11, former mayor Rudy Giuliani.

ANNOUNCER: This is WOLF BLITZER for Thursday, December 18, 2003.

(END VIDEOTAPE)

BLITZER: There's a verdict in the murder trial of D.C. area sniper Lee Boyd Malvo. We have our legal analyst, Jeffrey Toobin, standing by.

First, though, let's go straight to CNN's Jeanne Meserve. She's at the courthouse in Chesapeake, Virginia.

Jeanne, fill is in.

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT: Wolf, guilty on all counts. That is the verdict. Guilty of capital murder in the commission of an act of terrorism, guilty of capital murder for killing more than one person in a three-year period. And guilty of using a firearm in the commission of a felony.

The first two of those charges carry a possible death sentence. The sentencing phase of this trial will get underway tomorrow morning. There were family members of sniper victims in the courtroom just a moment ago. They filed out of the courthouse in a way without making any comment to the press about this. But this was clearly the verdict that they wanted to hear here.

The defense had tried to make the argument that Lee Malvo was insane at time of the shootings, that he had been an impressionable, obedient young boy who came under the influence of John Muhammad, that John Muhammad indoctrinated him to such a point that he could no longer tell right from wrong.

That meets the legal definition of insanity. Several mental health experts testified that he met that criteria. The jury was not buying it. They went with the prosecution line which was that this was a young man who planned these shootings and engaged in them, knowing full well what the consequences would be.

So the verdict here today is guilty on all three counts. Malvo was in the courtroom, of course. He had no discernible reaction. The family members did not make any audible reaction in the courtroom either.

But a couple of members of the jury did appear to be upset at handing down this verdict, which as we say, could result in the death of Lee Boyd Malvo.

Wolf, back to you.

BLITZER: All right. Jeanne, stand by. We're going to be getting back to you.

Senior legal analyst Jeffrey Toobin has been watching this case with so many of us. How much of a surprise was it to you, Jeffrey?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Not at all. This was a really overwhelming case. There was tremendous physical evidence tying Muhammad and Malvo to this car that really was a killing machine with the sniper's nest set up in the trunk.

Plus, unlike in the Muhammad case, Malvo confessed to the murder of Linda Franklin to police officers. That is, of course, an extremely powerful piece of evidence. He later tried to recant, but that -- all of that combined to make this case almost open and shut.

BLITZER: I want our viewers to get a sense of this jury, Jeffrey. Stand by.

The jury deciding Malvo's fate is a very diverse group. It consists of four men and eight women. Four members are African- American, eight are white. As we go down the list, we find a homemaker, a lunchroom monitor, a teacher, and a retired teacher. There are ministers, one minister, a retired assistant school principal, a registered nurse and another homemaker, a sales manager, a legal assistant, an outside sales representative, and a mechanic. All of them round out the 12 jurors. Jeffrey Toobin, what, if anything, can we get from this very diverse mix of people in the sense of whether he's going to get capital punishment or perhaps life in prison?

TOOBIN: That's a pretty good jury for the defense. One of the bits of received wisdom about juries is that defense lawyers look for people who are in sort of the helping professions, teachers, ministers.

There are not any military people on the jury. In that part of Virginia, that's somewhat unusual. That's a part of Virginia with a lot of military and retired military. None of them on the jury. They're known as good prosecution jurors.

So I think this is a jury that will give Lee Malvo a fighting chance on the death penalty.

In terms of the guilt phase of the trial, I don't think the makeup of the jury mattered at all. This case was just so strong, he wasn't going to get acquitted anywhere.

BLITZER: All right. Stand by, Jeffrey. I want to go to a guest right now. Kwong Szuszka is the sister of Kwong Ballenger, one of those killed by the snipers, this one in Louisiana.

I just want to get your quick reaction, Kwong, to the guilty verdict now for Lee Boyd Malvo following the guilty verdict of John Allen Muhammad.

KWONG SZUSZKA, SISTER OF HONG BALLENGER: I am so glad that he got what he deserved. And justice is served. And this is my new good Christmas present.

BLITZER: I know that this is a very emotional moment for you, Kwong. And I'm happy that you're sharing this moment with our viewers. So watch the sniper saga unfold here in the greater Washington area.

Your sister was murdered before they arrived in Washington. Recount for our viewers what happened.

SZUSZKA: Yes. She was at the beginning -- victim at the beginning. And we didn't know it was related to Muhammad. And then after she got shot, it was happening just like the way she got killed. And I always keep asking God, I say, "God, what are you trying to tell me? Why are these people getting killed same way as she got killed? You know?"

And then when I found out it was Muhammad, I was so shocked. I said, I didn't -- I had been watching his face all the time on the TV, and didn't know how he chose -- he's the one that killed my sister. You know?

BLITZER: And our heart goes out to you. But do you hope he gets life in prison or do you hope he gets the death sentence? SZUSZKA: Oh, definitely I want him to get death penalty. And I don't want no mercy to people to give. Shouldn't be confused with that, you know.

He enjoys killing people. He laugh about it. He would do it again if he have any chance again. He could have run away from it if he didn't want to. You know, he know right from wrong and he choose to be, you know, killing people.

BLITZER: Kwong Szuszka, our heart goes out to you. Our deepest condolences on the murder of your sister, Hong Ballenger. Thank you so much for joining us on this day.

Once again, guilty, all three counts. Lee Boyd Malvo. Terrorism, capital murder, possession of a firearm in the commission of a felony murder in this particular case.

We'll have more on this story coming up.

Also, dramatic developments happening elsewhere across the country.

For the first time, for the first time we're learning right now the exact charges against Michael Jackson. News cameras from around the world were on hand as the paperwork was formally filed in Santa Barbara County, the site of Jackson's so-called Neverland Ranch.

The pop star faces nine counts in total: seven of child molestation, and two counts of giving an intoxicant to a child.

Afterward, the district attorney talked to reporters, saying there are also what are being described as, quote, "special allegations" that could make Jackson ineligible for probation if convicted.

Right now, we're waiting for a response from Jackson's high- profile attorney, Mark Geragos. He's expected to hold a news conference shortly, this hour. We will, of course, bring it to you live once he emerges from his law office.

In the meantime, we have CNN's Miguel Marquez. He's standing by live in Santa Maria, California, and CNN legal analyst Chris Darden. He's in Los Angeles.

First, the nuts and bolts of what happened today, Miguel.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Wolf, nine counts, as you say. Seven of those for lewd acts upon a child under 14 years of age. All occurring between the 7th of February of this year, and March 10 of this year.

For five of those acts, two of them between the 20 of February, and March 20, and then the two for intoxicating -- administering an intoxicating liquor to a minor, also between February 20 and March 10 of this year. Those dates are important because there was a memo out, or a -- not an investigation as Thomas Sneddon said, it was more of an interview of people. But it was an inquiry by the Department of Welfare Services in Los Angeles. Around the same time that these charges were brought that seemed to exonerate Mr. Jackson.

But Mr. Sneddon here saying today that there is no doubt in his mind that won't have much of a bearing on his case.

The question also raised, which he answered, about whether or not the length of time it took to bring these charges, whether or not they were just fishing for information. He said during this press conference that is a categorical no.

(BEGIN VIDEO CLIP)

TOM SNEDDON, SANTA BARBARA D.A.: I know of no prosecutor that I have ever met who would issue an arrest warrant for an individual hoping they would uncover some evidence that would justify the filing of criminal charges later. And I want to make it clear to all of you here today, that was never -- never, never the intent of our office.

(END VIDEO CLIP)

MARQUEZ: Now Mr. Sneddon also addressed the fact that he allowed Mr. Jackson to go to the -- Great Britain for about two and a half weeks starting on the 20th.

He said that there were two contractual engagement that Mr. Jackson had before these charges were brought, and that is the reason he was let go. But when asked whether or not this would affect -- they were concerned about him running, he seemed to think that he could run whether or not he had his passport or not, so it really didn't matter -- Wolf.

BLITZER: Miguel, stand by, because I want to get back to you. Let me go to Chris Darden, our legal analyst, first though.

Chris, you've now read, as have I, these nine counts that have been formally filed, the document released. It's on the Web right now.

What stuck out in my mind was the sort of general nature of the seven counts, child molestation, none of the graphic details that some had anticipated would be included were actually included. Is that standard operating procedure?

CHRIS DARDEN, CNN LEGAL ANALYST: Well, that is standard operating procedure, Wolf. In fact, what they used in charging this case was a standard statutory language.

However, when you look beyond the nine counts, you do get a sense of what is actually being alleged here. There is that special allegation that you alluded to earlier, and that allegation accuses Michael Jackson of engaging in substantial sexual conduct. When one looks at the California penal code for a definition of substantial sexual conduct, it includes such things as rectal penetration, masturbation, oral copulation and a few other sexual acts.

So I think that Tom Sneddon has given us an indication as to what exactly he alleges went on at Michael Jackson's ranch.

BLITZER: And in fact, what he's accusing Michael Jackson of doing is giving this boy alcohol, getting him drunk, if you will, and then engaging in some sort of sexual act with the boy.

Is that a fair summary of what's in these nine counts?

DARDEN: That is a fair summary of what is involved in these nine counts. You have to look beyond the pleadings, but it's there. It is there.

BLITZER: It sounds, though, that these are such serious allegations. Why would the D.A. Then go forward and say, "You know what? We're not going to directly get involved in whether he should have custody of his own children. And we're not going to necessarily stop him from traveling abroad and going around and doing whatever he wants to do."

DARDEN: Well, the issue of the custody of the children is beyond Tom Sneddon's jurisdiction. And he properly should not be involved in that decision.

However, giving Michael Jackson his passport to leave the country is extremely odd, given the fact that he insisted that Michael Jackson return from Las Vegas, surrender that passport and post a $3 million bond. It does not make sense. And you know, you'd find very, very few prosecutors who would allow an alleged child molester to leave the city limits, let alone the state or the country.

BLITZER: So how could be possibly explain his explanation, his rationale for going ahead and letting Michael Jackson get his passport for a trip abroad?

DARDEN: You know, I can't explain it. I don't know why Tom Sneddon insists on accommodating Michael Jackson in this regard.

I mean, defendants post bail so that, one, they can be assured of returning to court when the times comes, but also to help ensure that they commit no new offenses. To give him a passport and allow him to leave the country is to give him a key to the jailhouse door.

BLITZER: All right. Chris Darden, I'm going to get back to you, as well.

I want to move on, though. Another of Jackson's friends, though, is offering some public support. The person known as a paranormalist, Uri Geller, says while Jackson is unusual, he doesn't believe he's a child molester.

(BEGIN VIDEO CLIP)

URI GELLER, FRIEND OF MICHAEL JACKSON: For me, it's sort of inconceivable that he did this. It's just beyond my understanding. I would say that I believe that he's innocent. I can't say that he's not weird or strange. He is.

(END VIDEO CLIP)

BLITZER: Geller, who spoke before these charges were formally announced, also says he has warned Jackson on two occasions to change his behavior with children, saying no matter how innocent it is, it's simply not acceptable to the public.

Stay tuned to CNN for continuing coverage on the charges filed against Michael Jackson. We're awaiting to hear directly from his attorney, Mark Geragos. That's coming up later this hour. CNN will have live coverage.

Also later tonight, Larry King's guests will include Mark Geragos, as well as Michael Jackson's brother, Jermaine Jackson. That's on "LARRY KING LIVE" tonight, 9 p.m. Eastern, 6 Pacific.

We're covering lots of other news today, as well, including Saddam Hussein. Saddam Hussein, in fact, like you've never seen him before. A new image of the former Iraqi dictator surfaces in Iraq. We'll go there live; we'll take a closer look.

Also, smoke fills the skies over Memphis. A Fed Ex flight comes to a fiery end.

And what grade does Rudy Giuliani give the war on terror? The former mayor of New York will be joining us live. We'll get his assessment; what's next?

First though, our news quiz. Which of the following people first recommended the Jackson 5 to Motown Records? Diana Ross, Gladys Knight, Elizabeth Taylor, Joseph Jackson. The answer later in the show.

(COMMERCIAL BRAEK)

BLITZER: We've got a developing story over at the Pentagon. Our Pentagon correspondent, Barbara Starr, is ready to break it.

Barbara, what's happening?

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Wolf, indeed, late breaking word here that many U.S. military families are about to get a very unwelcome Christmas present.

About 3,500 troops from the 82nd Airborne Division at Ft. Bragg, North Carolina, are getting word today, unexpectedly, that they will be going to Iraq right after the holidays.

Now these 3,500 troops, we are told by military officials, were not in the scheduled rotation to go to Iraq. But unexpectedly, they are going. And the reason is a National Guard unit from Washington State that was designated to go, it's been decided that they will stay back for awhile, get some additional training for the types of operations on the streets of Iraq that are needed to root out those insurgents, since it's no longer a combat operation.

So now about 3,500 troops, a brigade's worth from the 82nd Airborne at Ft. Bragg, North Carolina, families getting notified today, we are told, that their troops, that those soldiers, will be going to Iraq unexpectedly right after the Christmas holidays -- Wolf.

BLITZER: Any indication, Barbara, how long they'll stay?

STARR: No. It is expected that the full troop rotation for everyone is one year. What may happen is these troops now may be able to relieve some of the other troops that have been there awhile.

But it looks like much of this is going to depend on how soon those National Guard units can be fully trained up, ready to go and do the mission that is now evolving in Iraq, which is those street missions of rooting out insurgents.

BLITZER: At least they're letting them spend the holidays with their families before they ship them off to Iraq.

Barbara Starr, breaking that story for us here. Thanks very much.

And there is a startling new picture of Saddam Hussein showing that -- a slightly different look of the former Iraqi leader. It's a picture, though, that Iraqis can't seem to be getting enough of.

CNN's Bill Hemmer is in Baghdad. He's following this part of the story.

(BEGIN VIDEO CLIP)

BILL HEMMER, CNN CORRESPONDENT (voice-over): The latest image from Saddam Hussein came in the form of a picture published in a local newspaper.

This is the picture. Ahmed Chalabi, member of the Iraqi Governing Council, sitting across from Saddam Hussein, who is seen in this photo wearing sandals and the traditional Arab clothing, not what we are used to seeing the former Iraqi leader.

Interesting note. What they're saying in Baghdad about this, Ahmed Chalabi actually controls this newspaper. It's put out by his political party, the INC.

There were three other members of the Iraqi Governing Council visiting Saddam Hussein. They, however, had been cut out of this picture and are not seen. Some are already suggesting in Baghdad this is more of a political statement than anything else by Ahmed Chalabi.

Nonetheless, the last word we have so far today on the custody of Saddam Hussein. I'm Bill Hemmer, CNN, Baghdad.

(END VIDEOTAPE)

BLITZER: Thanks very much, Bill.

And he ordered the deaths of their husbands, his own sons in law. But Saddam Hussein's two older daughters continue to defend him, saying he has -- and I'm quoting now -- a big heart.

Now from her sanctuary in Jordan the eldest, Raghad Hussein, is speaking out on camera for the first time since Saddam Hussein's capture. She was interviewed by our own Rym Brahimi, who's joining us now live from Amman with this exclusive story.

Rym, tell us all about it.

RYM BRAHIMI, CNN CORRESPONDENT: Well, Wolf, it's been four days now since the capture of the former Iraqi president, Saddam Hussein. And clearly, Raghad Saddam Hussein, who's the eldest of his daughters, of his three daughters, has had time to think about it.

Interestingly enough, she was extremely keen to -- she really wanted to speak Arabic in the interview. She speaks English, but she refused to speak English to us, because she said she wanted to be extremely precise in what she said.

And the emotions seemed to remain the same. The sadness. She told us about the disbelief at first when she found out that her father had been captured just by watching TV. And she refused to believe it until she saw the pictures, at which point she broke down in tears.

But she remained very consistent with her theory that she's had from the beginning that her father was not in his normal state.

Let's listen in.

(BEGIN VIDEO CLIP)

RAGHAD SADDAM HUSSEIN, SADDAM HUSSEIN'S DAUGHTER (through translator): I sat on the floor and began to cry. My daughter began to comfort me and hug me. But it was really horrific. Painful and very cruel. It wounded me very deeply.

Anyone with insight could tell from the first instance that my father was not fully conscious. As a daughter, I told hem from the start, my father is drugged. I am 100 percent convinced.

Until this moment, I read a lot of analysis in the papers which indicate other things. But I am convinced that my father was drugged.

(END VIDEO CLIP)

BRAHIMI: Now, Wolf, she also said that she wanted a trial -- she wanted if a trial were to take place, that it take place outside of Iraq and said that she didn't think her father would get a fair trial in Iraq.

But I think most of all in my conversation that followed the interview, a more private conversation, she was very, very keen to stress this was just her talking as a daughter about a father to whom she believed she had a duty -- Wolf.

BLITZER: Rym Brahimi with that report from Amman, Jordan. Rym, good work. Thanks very much for joining us.

And this important note. Stay tuned to CNN for more of Rym's interview with Saddam Hussein's daughter. You can watch that tonight on PAULA ZAHN NOW. that's at 8 p.m. Eastern, 5 Pacific.

A top Pentagon official says if he is still alive, Osama bin Laden faces the same fate as Saddam Hussein. The joint chiefs chairman, General Richard Myers, said so today during a visit with U.S. troops at the Bagram Air Base in Afghanistan.

(BEGIN VIDEO CLIP)

GEN. RICHARD MYERS, JOINT CHIEFS CHAIRMAN: If bin Laden is still alive, and I think most suspect he is, then he will be captured some day, just like we captured Saddam Hussein. And that's what people here are about. They're working very hard; they're working every day. And some day he'll be brought to justice just as Saddam was.

(END VIDEO CLIP)

BLITZER: General Myers says although the threat remains, al Qaeda has not been effective in Afghanistan for sometime. And he says security and the economy have improved in that country dramatically.

Rudy Giuliani is no stranger to just how horribly effective al Qaeda can, in fact, be. The former mayor of New York received international acclaim for his leadership in the dark days following the 9/11 attacks on the World Trade Center two years ago.

He's just returned from a visit to the Middle East. He was in Israel. He's joining us now live from New York.

Mr. Mayor, welcome back safe and sound. Good to have you back on U.S. soil.

Give us your immediate gut reaction to the capture of Saddam Hussein.

RUDY GIULIANI, FORMER MAYOR OF NEW YORK: Well, I think it was a wonderful achievement. I mean, when you think about it, he was someone that just a year ago today was sitting there in Iraq on top of billions and billions of dollars that could be used for terrorism, to support terrorists. He was a key player in the terrorist network.

And now he's captured; he was taken out of power; he was living in a hole. He's been totally destroyed from the point of view of being able to play any role in world terrorism. And that's how you ultimately destroy world terrorism. You go at it a piece at a time, and you take out their key players. So this was a big step.

BLITZER: Are you among those who suspect that Saddam Hussein may have had some role in 9/11?

GIULIANI: Well, direct role? I don't know the answer to that. I mean, that's going to have to be developed and that's still an open question. But indirect role, of course. I mean he was a key player in world terrorism.

And -- if you think of terrorism the way I used to think of organized crime, you know, it's made up of a group of different families. Some of them participate in certain acts. Some don't directly participate in it, but they keep the structure alive, then he's one of the people that kept world terrorism, global terrorism going.

He trained people. He supported people. He had tremendous resources available. So in that sense, he kept that whole structure.

BLITZER: There's a huge debate under way in the U.S. intelligence community and outside the intelligence community of whether or not he had any significant relationship with al Qaeda and Osama bin Laden.

GIULIANI: Yes. In a way, from the point of view of making the world safe from global terrorism, confronting it, beginning to destabilize it and reduce it, that's an important issue. But it doesn't matter from that point of view.

He was a key player in world terrorism. He is no longer a key player. That reduces their influence, their power. It reduces the money they have available to them. So that becomes a significant victory, in and of itself.

BLITZER: So I take it you would strongly disagree with the Democratic presidential candidate Howard Dean, who suggests that as good as it is that Saddam Hussein has been arrested, has been captured, it doesn't really make Americans safer. I'm paraphrasing the thrust of his remarks.

GIULIANI: Of course it makes America safer. To take out a key player in world terrorism makes the world safer. There's no question that today the world is safer than it was a year ago when he was sitting on top of billions and billions of dollars, capable of assisting world terrorist movements any time, any place, anywhere he wanted with his tremendous hatred of the United States of America.

However you come out on the role that he may or may not have played with regard to September 11, and whatever the ultimate verdict in history is going to be on that, the reality is that the world is now safer with Saddam Hussein arrested and out of power. There is no question about that.

BLITZER: His argument, Bob Graham, the senator from Florida, and others that -- they have made the case, though that the Bush administration has recklessly -- I don't know if the word "recklessly" I appropriate -- but needlessly diverted a lot of attention to Saddam Hussein and Iraq that could have been focused on al Qaeda and Osama bin Laden, the actual architects of 9/11.

And as a result, they have been allowed to continue on their way when the U.S. was focusing all this attention on Iraq. You've heard that argument.

GIULIANI: Yes. Sure, I have. I've heard that, you know, often as a political argument. It really doesn't make much sense in terms of the war on terrorism. You've got it fight it in a number of different places and against a number of different people.

And bin Laden has played a role in world terrorism. Saddam Hussein has. There are a number of other parts to it. You've got to pursue both of them.

And a tremendous amount of damage has been done to al Qaeda. Look at the people sitting in Guantanamo. Look at money seized from al Qaeda, which I think was a significant step in the war against terrorism, one that goes unnoticed but not to me.

Having seized all of the assets of al Qaeda that were seized back in September and October of 2001, is precisely the way the United States should fight this war, like we fought the war on organized crime.

Capture, put in jail, eliminate the key players, the Saddam Husseins, the bin Ladens, and take their assets away from them. As significant as capturing Saddam Hussein to me is taking that billions of dollars away from him. And we've already done some of that with al Qaeda way back in 2001. And this is being fought the way a determined and patient war on terrorism should be fought.

I think the politics of it are almost relevant to the actual conduct of it. You know, politics, people argue over everything.

BLITZER: One final question, Mr. Mayor, before I let you go. As happy as you were that Sunday morning when you heard that Saddam Hussein has been captured, share with us your feelings, if one of these days you wake up and you hear that Osama bin Laden has been captured.

GIULIANI: I tell you what. When it happens, I'll share them with you. I don't even know what they'll be. The reality is that, you know, bringing him to justice would be very, very fulfilling, not just for me but for all of us who lost so many friends and -- I think all of America that was so damaged by September 11.

That would be a very, very big step and -- but I consider the capture of Saddam Hussein very, very important also. And also, a kind of way of underscoring the fact that if you remain patient and you remain determined and you try to take this out of all the irrelevant political debate, you can ultimately be successful.

BLITZER: Rudy Giuliani. Always good to have you back in the United States. Glad you're here. GIULIANI: It's nice to be back.

BLITZER: Thanks very much for joining us. We will talk with you on that day when Osama bin Laden is captured.

More news unfolding here in the United States. New developments, in fact, in the Michael Jackson case. We're expecting to hear shortly from Jackson's high-profile attorney, Mark Geragos. We'll have live coverage once he emerges.

President Bush visits the doctor. We'll tell you what the doctor had to say about the president's knees.

And a new announcement from Israel's prime minister. Why it's drawing fire from Palestinians and some Israelis alike. Stay with us.

(COMMERCIAL BREAK)

BLITZER: Welcome back to CNN. We're standing by to hear from Michael Jackson's attorney Mark Geragos. He's expected to speak shortly about the charges against the singer. We'll get there, we'll have live coverage. First though, a quick check of the latest headlines.

Pop star Michael Jackson has been formally charged with seven counts of child molestation. Prosecutors in Santa Barbara, California, also charged him with two counts of administering an intoxicant for the purpose of molesting a child. The D.A. says Jackson's young accuser will take the stand at the trial. Arraignment is planned for January 16.

A Virginia jury says sniper suspect Lee Boyd Malvo is guilty. After two days of deliberations, jurors convicted Malvo of capital murder, terrorism, and a firearm violation. Malvo is convicted of one of ten D.C. Area shooting deaths last year. His conviction makes him eligible for the death penalty. The sentencing phase of his trial begins tomorrow.

Investigators now confirm bullet strikes on two school buses this week, the latest suspected attacks in a string of highway shootings in the Columbus, Ohio, area. No one was hurt. School was suspended for more than 20,000 children today while officials inspected the entire school bus fleet.

The Federal Centers for Disease Control and Prevention says 36 states now report widespread flu activity. That's up from 24 states last week. The CDC says the number of deaths from flu and pneumonia is just under the threshold that would make it an epidemic.

Investigators in Memphis, Tennessee, are trying to figure out what caused a FedEx cargo plane to catch fire upon landing today. Federal authorities say a landing gear may have collapsed. The two crew members and five passengers suffered minor injuries. A FedEx spokesman says they're to trying to determine the condition of the packages on board.

Back to Iraq now where there are signs that the situation is beginning to change after the capture of Saddam Hussein.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): A new image of Saddam Hussein in captivity. His beard shaved and hair trimmed. He's shown meeting with Ahmed Chalabi, a member of Iraq's governing council.

The photo appears in Chalabi's own newspaper and copies fly off the shelves. A top U.S. official says since Saddam's capture last Saturday, there is a spike in the number of Iraqis signing up for the civil defense corps.

DAN SENOR, ADVISER TO PAUL BREMER: The rumors and the bizarres and the (UNINTELLIGIBLE) across the country have been that Saddam Hussein is going to return, the bitter enders, those who have ties to the former regime would send a message that if you cooperate with the coalition, you'll get your tongue cut out, your head cut off and you'll be returned to a mass grave or a torture chamber. Now they realize that's over.

BLITZER: But the streets still far from safe. In Baghdad, a U.S. soldier was killed when his patrol was ambushed and Shiite representative was gunned down near his home. In Samarra, Operation Ivy Blizzard continues.

BRIG. GEN. MARK KIMMITT, U.S. ARMY: The city of Samarra continues to be a location where a number of insurgent groups, former regime elements are operating out of.

BLITZER: To route out those elements, the U.S. Army's 4th Infantry Division swept in capturing more so-called high-value targets.

(END VIDEOTAPE)

BLITZER: No surgery but a change in routine for President Bush. Doctor's orders. The president had an MRI this morning in Walter Reed Army Medical Center. He's been having pain in his knees, one of which was operated on in 1997. The president, as all of us know, is an avid jogger. Doctors are telling him to abstain from rigorous running and instead incorporate cross training and stretching into his workouts.

If there's no progress in the Middle East peace process within the next few months, Israel is ready to take matters into its own hands. That declaration today from Israeli Prime Minister Ariel Sharon who said Israel will make unilateral changes aimed at disengaging itself from the Palestinians. CNN's John Vause has the details in Herzliya, Israel.

(BEGIN VIDEOTAPE)

JOHN VAUSE, CNN CORRESPONDENT: Ariel Sharon says he's still committed to the U.S.-backed road map peace plan but says he'll not wait for the Palestinians indefinitely. He'll not wait while Israeli society is held hostage by the Palestinians. Those were his words. He has now put the Palestinian prime minister Ahmed Qureia on notice that time is running out.

ARIEL SHARON, ISRAELI PRIME MINISTER (through translator): We do hope that the Palestinian authority will do its own part.

(END VIDEOTAPE)

(INTERRUPTED BY BREAKING NEWS)

BLITZER: Also, other important news we're monitoring right now. An alleged enemy combatant. The United States government, the Bush administration, ordered to release a suspected al Qaeda operative. Where does he go next? And what could this mean for other detainees? We'll get to all of that.

First, the answer to our "News Quiz."

(BEGIN VIDEO CLIP)

BLITZER (voice-over): Earlier we asked, which of the following people first recommended the Jackson 5 to Motown Records? The answer, Gladys Knight who in 1967 wrote to the Motown label owner suggesting he check out the Jacksons after seeing them perform at the Apollo Theater.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

BLITZER: Rivalries are shifting in the Democratic presidential battle. Time now for our daily look at developments on the campaign trail.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): Tomorrow marks one month until the Iowa caucuses. But most Democratic candidates set their sights on New Hampshire and the January 27 primary, a battle now shaping up as a fight for second place.

A new poll shows Howard Dean widening his lead to almost 30 percentage points in New Hampshire over his nearest competitor. That competitor, Senator John Kerry for now. Recent polls show Wesley Clark trailing Kerry by one to six points, and the gap is narrowing.

Evidence of the new Kerry/Clark rivalry. Both hit the trail hard in New Hampshire today and this week, Clark's campaign sent chicken wings to Kerry's camp to highlight Kerry's changing positions on the Iraq war. Kerry's gang responds by sending Zero candy bars to the Clark side. That would be "zero" for the number of full years Clark's been officially in the Democratic Party.

Dean, possibly energized that others are being attacked for a change, gives a big domestic policy speech at the city library in Manchester, New Hampshire.

DEAN: Bush tax is huge, many times greater than most people's refunds. It's going to be here for a long time. Add the Bush tax to all the other things the president never told us about.

BLITZER: In Michigan, former House Minority Whip David Bonior, an important labor advocate, throws his support to Dick Gephardt ahead of the increasingly important Michigan caucus on February 7.

And that's our look at the 2004 presidential candidates on the trail.

(END VIDEOTAPE)

BLITZER: Joining us now to talk about this campaign is Walter Shapiro. He's a political columnist for "USA Today," the author of an important new book on the campaign trail called "One Car Caravan."

Walter, congratulations, good work on the book, good work in all your reporting over these many years. You and I go way back.

WALTER SHAPIRO, "USA TODAY": Way back.

BLITZER: Is this all over with? Is Howard Dean a done deal?

SHAPIRO: No. We've never had a president -- contested presidential race where there isn't one or two or three surprises from this point forward. I mean what is amazing is where Howard Dean came from. He's the one-car caravan in my book 14 months ago. But still, there is many ways that he could lose Iowa and there are many ways that a series of candidates could rebound on February 3.

BLITZER: So Dick Gephardt might yet win Iowa.

SHAPIRO: Dick Gephardt quite possibly could win Iowa. Iowa is impossible to poll for. It's a test of organization.

BLITZER: But New Hampshire, he looks like he's 30 points ahead in these most recent polls in New Hampshire, Howard Dean over John Kerry and the others.

SHAPIRO: Tell that to President (sic) John McCain about the fact that unless you follow up New Hampshire with lots of other victories, New Hampshire can prove a problem. That isn't to say Dean has a tremendous lead. And from where he came from when I started writing this book, it's amazing. But it is not over by a long shot.

BLITZER: He certainly has the most money so far among the Democratic candidates. Unless John Kerry is going to start using a lot more. The AP is reporting now he's going to borrow $850,000 from his own family's money.

SHAPIRO: Well given the fact he walked away from $6 million in matching funds by opting out of the matching fund system, he's going to have to borrow an awful lot more to be competitive.

BLITZER: So what we're saying is February 3, the South Carolina, the Arizona and Oklahoma, there's a bunch of primaries and caucuses that day. There's going to be an enormous amount of excitement on February 3. SHAPIRO: And unless this year is unlike any other we've seen, somebody is going to emerge as the major challenger to Howard Dean. And who that someone is, we don't know. But it's not going to be an uncontested romp from here to the nomination.

BLITZER: A lot of drama, excitement still to come. Walter Shapiro will share it with his readers. "USA Today," you got a good new book, "one Car Caravan." Thanks very much, Walter, for joining us.

SHAPIRO: Thanks, Wolf.

BLITZER: The Bush administration may have to reconsider its plans for the war on terror. We'll tell you about some important developments. A court ruling today in the Jose Padilla case. What it means for American citizens designated as enemy combatants. Stay with us.

(COMMERCIAL BREAK)

BLITZER: The Bush administration's anti-terror strategy suffered a setback today. A federal appeals court gave U.S. military authorities 30 days to relinquish custody of Jose Padilla, an American citizen being held as an enemy combatant. The move could force the government to try Padilla in a civilian court. CNN's Deborah Feyerick is joining us live now from New York with details -- Deborah.

DEBORAH FEYERICK, CNN CORRESPONDENT: Wolf, at the heart of it, the appeals court finds that President Bush overstepped his authority by holding Jose Padilla without formal charges. The justices ruling that the president does not have the constitutional power, in their words, "to detain as an enemy combatant an American citizen seized on American soil outside a zone of combat." Only Congress can authorize that.

(BEGIN VIDEO CLIP)

ANDREW PATEL, PADILLA'S ATTORNEY: The president did not have the authority, absent congressional authorization, to do what he did here. So this is merely an affirmance of the basic structure of our government that our founding fathers established over 200 years ago.

(END VIDEO CLIP)

FEYERICK: Eighteen months ago Brooklyn-born Jose Padilla was arrested at Chicago's O'Hare Airport. He was labeled an enemy combatant and thrown in a military prison. The attorney general accused him of trying to build and detonate a radioactive dirty bomb in the U.S. The White House argued that the president should be able to detain enemy combatants anywhere to wage the war on terrorism.

(BEGIN VIDEO CLIP)

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: We believe the Second Circuit ruling is troubling and flawed. The president had directed the Justice Department to seek a stay further judicial review.

(END VIDEO CLIP)

FEYERICK: Under the ruling Padilla must be released from the military prison within 30 days. The government can decide to move him to a civilian court and charge him with a crime -- Wolf.

BLITZER: Deborah Feyerick with the latest on that decision. Thanks very much, Deborah, for that report.

Let's get to some of your e-mail. Bill writes this: "With their ruling to release Padilla today the court showed President Bush and John Ashcroft that they're going to get away with depriving United States citizens of their civil rights no matter how badly the Republican Party would like to do so."

Nick send us this: "The panel of judges isn't fooling anyone. They obviously would rather release a nuclear terrorist than prove their point in their turf war with the military that see justice done."

A reminder, we're here twice a day weekdays, 5 p.m. Eastern as well as noon Eastern. I'll see you tomorrow. Thanks very much for watching. "LOU DOBBS TONIGHT" starts right now.

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Troops Get Orders to Go to Iraq; New Saddam Photo Surfaces; Saddam's Daughter: "He has a Big Heart" >