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Court-martial to be Open to Media; White House Doing Damage Control; U.S. Takes it Slow Against Shiite Rebel; Kobe Expected to Enter Plea Today

Aired May 10, 2004 - 11:00   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.


DARYN KAGAN, CNN ANCHOR: You're coming up on 11 a.m. on the East Coast and 8 a.m. on the West Coast. From CNN Center in Atlanta, good morning once again. I'm Daryn Kagan.
Up first on CNN, the president, the Pentagon and prisoner abuse scandals. President Bush shows his support for embattled Defense Secretary Donald Rumsfeld in comment expected later this hour. And the military has set a court date for the first court-martial steaming from the scandal. For details, first we go to our Pentagon correspondent Barbara Starr -- Barbara.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Good morning again to you, Daryn.

President Bush is now in the pentagon having that briefing by high-level officials including Secretary of Defense Donald Rumsfeld and General Richard Myers, chairman of the Joint Chiefs of Staff, as well as several other high level officials.

According to what we have been told, the president will be given the opportunity to view some pictures of additional detainee abuse, if he chooses to do so. All of this under very tight control at the moment.

The Pentagon negotiating with Capitol Hill to provide them with more pictures and a videotape of detainee abuse and see about showing those to members of Congress. Not clear yet whether those will be released to the public.

But in Baghdad, the proceedings against Specialist Jeremy Sivits are moving ahead. It was announced that the court-martial proceeding will begin May 19 in Baghdad. He is charged with maltreatment of prisoners, conspiracy to maltreat prisoners and dereliction of duty for failing to protect prisoners.

Brigadier General Mark Kimmitt earlier today in Baghdad talked a little bit about how open that court-martial proceeding will be so the world can see U.S. military justice.

(BEGIN VIDEO CLIP)

BRIG. GEN. MARK KIMMITT, U.S. ARMY: There have been no tangible expressions up to this point of rage or outrage being expressed to coalition forces. But the intangibles are out there. The soldiers clearly walk up and down the streets. The people that look at them look at them differently because of what they've seen.

And the soldiers understand and the Marines understand that it's their responsibility to demonstrate to the people of Iraq that those pictures were horrible. Those pictures were unacceptable. But those pictures don't represent the 135,000 American Marines and soldiers that are doing the right thing every day.

(END VIDEO CLIP)

STARR: General Kimmitt going on to say that the news media, including the Iraqi news media, will be allowed to cover the court- martial trial. There will be print reporters allowed under typical U.S. court-martial proceedings. Television cameras are not permitted -- Daryn.

DARYN KAGAN, ANCHOR: Barbara, what about a look at the system in general? From what we've been able to see Sivits is trained as a mechanic. Bigger question is how did a truck mechanic end up as a prison guard in Iraq?

STARR: That is one of the key questions. The question that is coming to the fore is perhaps more deeper and more fundamental. Were these people appropriately trained to take on guard duties at this type of detention facility which the U.S. military has never run a facility of this magnitude with this number of prisoners.

Now the M.P.'s say they were not appropriately trained. That may be one question. But as far as the military prosecution goes, it's very clear that they will make the case that this is simply a matter of criminal activity by soldiers -- Daryn.

KAGAN: Barbara Starr at the Pentagon. Barbara, thank you for that.

For more on what we can expect to hear from the president, let's bring in our White House correspondent, Dana Bash, who's sanding by at the White House -- Dana.

DANA BASH, CNN CORRESPONDENT: Well, Daryn, as Barbara mentioned the president is getting a private briefing on Iraq at this time at the Pentagon. This is something that was previously scheduled but certainly now, given what is going on, it has been expected to be dominated by the Iraqi prisoner abuse issue.

Now, on the question of those pictures, this morning the White House says that the president has simply only been briefed about the scores of pictures and even the video that exists that haven't made it into the public. He has not actually seen any.

And as Barbara mentioned, the president will likely get a chance, if he chooses, to see the pictures during the briefing at this hour.

Now, the open question with regard to those pictures is whether or not they will be released to the public. Barbara also mentioned that there are negotiations with the Pentagon and Congress to allow them to see them.

But the question that they're grappling with here at the White House is whether to allow the leaks to continue. They fully expect them to continue. Or whether to try to control the story, if you will, and release the picture themselves.

This morning the White House is making a point of saying that it's essentially in the Pentagon's court. They'll take their cues from the Pentagon, because this is an ongoing investigation and they don't want to in any way hurt that investigation by releasing those photographs.

Now, with regard to Secretary Rumsfeld, the president, as we mentioned, is going to appear before the cameras very shortly, side by side with the defense secretary, a very public show of support by the president to reiterate what he and other aides have been saying, which is that they stand by the secretary of defense, even as calls for his resignation continue.

And the president is going to also try to give a morale boost to the men and women of the military later this hour, Daryn. He is going to tape an interview with armed services radio and television, where he is expected to talk about the fact that he supports and appreciates all that they've done in Iraq.

This is another chapter in the presidential damage control effort to try to not only thank them but also make the point and drive the point home that the people who were involved in this abuse issue don't represent the rest of the U.S. military -- Daryn.

KAGAN: Dana Bash, at the White House. Thank you for that.

BASH: Thank you.

KAGAN: The Iraqi prisoner abuse scandal has hit home for a southwestern Pennsylvania town. It's the hometown of Specialist Jeremy Sivits, the first soldier to face court-martial in the case.

Friends and neighbors say they're standing behind the accused soldier.

(BEGIN VIDEO CLIP)

MIKE FLEEGLE, SIVITS SUPPORTER: Let's pin a medal on one (UNINTELLIGIBLE). They drug our kids through the streets, behind Jeeps. They burned them; they hung them from a bridge. And why are we held higher standards than they were? We're at war.

(END VIDEO CLIP)

KAGAN: Sivits is scheduled to stand trial in Baghdad starting May 19.

Now we'll go live to Washington, D.C. The Justice Department holding a news conference. They plan to reopen a murder investigation of a murder that is almost 50 years old and helped inspire parts of the civil rights fight.

Let's listen in.

(LIVE EVENT)

KAGAN: We've been listening to a news conference from the Justice Department, talking about how federal prosecutors, investigators and the district attorney in Money, Mississippi, will be reopening the murder investigation into the killing of Emmett Till.

He was a teenager from Chicago back in 1955. He was visiting Mississippi when he unknowingly broke some unwritten laws of the Jim Crow south. He was dragged from his uncle's home, and he was beaten and killed in the middle of the night.

Two men were arrested and charged with his murder. They were both acquitted very quickly by an all white, all male jury. They later then sold their story to a magazine and gave a very brutal account of how they killed Emmett Till.

Now they -- now this new investigation will look into whether there were others involved and other identities that can be charged in the case. More on that ahead. Now more news.

We move on with the latest from Iraq where fighting has flared in a number of spots. Our Ben Wedeman, live in Baghdad today -- Ben.

BEN WEDEMAN, CNN CORRESPONDENT: Yes, Daryn.

Well, American forces here in Baghdad are certainly ratcheting up the pressure on radical Shiite cleric Moqtada al-Sadr and his Mehdi Army.

Overnight U.S. forces went into action in Sadr City, a stronghold of Moqtada al-Sadr, where apparently air and ground forces destroyed the headquarters of Moqtada al-Sadr in that area.

Now, we're getting reports that two Sadr supporters are -- were killed in that action and also later in the day one U.S. Humvee was destroyed.

Now the coalition is treading very carefully in this smoldering confrontation with Moqtada al-Sadr and his supporters, hoping that Sadr burns himself out politically.

(BEGIN VIDEO CLIP)

KIMMITT: We have a tremendous respect for the holy sites of Karbala and Najaf, and we're doing everything in our power to avoid a confrontation in those areas.

The moderate Shia and the coalition ban together and call on Moqtada al-Sadr to remove his presence from anywhere near those holy sites. It's amazing, the word on the street down in Najaf. They are talking to our soldiers now. And they're saying, "We wish that Moqtada would show the same care and same respect for the holy sites that the coalition does."

(END VIDEO CLIP)

WEDEMAN: Now, what they're doing, the coalition forces, is gradually pushing back a so-called Mehdi Army in places like Najaf and Karbala in daily confrontations with the Mehdi Army and other Sadr supporters here in Baghdad, hoping that they can sap their power, sap the attraction of Moqtada al-Sadr and his supporters.

And -- but at the same time try not to create Moqtada al-Sadr or make Moqtada al-Sadr into some sort of symbol of resistance and therefore a rallying point for others within Iraq, not just Shiites, to create him as a rallying point, some sort of patriotic resistance figure here in Iraq -- Daryn.

KAGAN: How's the news of this open, public court-martial of the first U.S. Soldier to face court-martial in the Iraqi prison abuse scandal, how is that playing in Baghdad?

WEDEMAN: Well, Daryn, initially a lot of people were expecting certainly from what Brigadier General Mark Kimmitt said, that this trial would be open to the public in the sense that it would be carried live on television, that possibly -- or some ordinary Iraqis might actually be able to attend that trial.

Now we're being told that the measures are going a little more strict there, that only pen and paper will be allowed.

So people are very interested in this subject. But there's not much hope that they're actually going to be able to know blow by blow what goes on in the court.

Now I was out at Abu Ghraib prison on the outside, talking to people who are waiting for relatives to be released. I think the real focus of many Iraqis is to see if the promises that more prisoners would be released, that visits would be made easier, if those promises are going to be kept -- Daryn.

KAGAN: Ben Wedeman in Baghdad. Thank you.

There is much more to come on the Iraqi prisoner abuse scandal. President Bush is visiting the Pentagon as the defense secretary remains under fire. We'll hear from him later this hour.

CNN LIVE TODAY is back after this.

(COMMERCIAL BREAK)

(STOCK REPORT)

KAGAN: From the basketball court back to the courthouse, Kobe Bryant returns. And we should soon hear a plea from him in the sexual assault case. We are live coming up.

Also an arrest in the case of a worm that caused computer chaos. We'll be back after this.

(COMMERCIAL BREAK)

KAGAN: Three-day hearing opens this morning for NBA star Kobe Bryant. It's expected to conclude with his arraignment and a plea of not guilty.

Our Adrian Baschuk is at the courthouse in Eagle, Colorado, today -- Adrian.

ADRIAN BASCHUK, CNN CORRESPONDENT: Daryn, good morning.

Kobe Bryant arrived here just about an hour ago. He's been behind closed doors in sessions.

This, again, is another month straight of the judge not letting these hearings open to the public. It's because they are once again addressing very sensitive matters regarding the accuser's sexual past.

The defense is seeking to challenge Colorado's rape shield law and declare it unconstitutional. They want to get into evidence at trial the accuser's -- just parts of the accuser's sexual past.

Specifically, they argued that she had sex with multiple partners in just the days before after allegedly being raped by Kobe Bryant. And even one day afterwards.

Also these hearings are expected to address a hearing the defense put forth, seeking to amend the prosecution's -- calling the accuser in court the, quote, "victim." They want her addressed by either "the complaining witness" or "the accuser in this case," as Kobe Bryant has not been found guilty of a crime.

Lastly, the tenth item on the docket for this week's hearings will be Kobe Bryant's arraignment. He will -- He's expected to stand before the judge and then plead not guilty -- Daryn.

KAGAN: Adrian Baschuk in Eagle, Colorado. Thank you.

German police say that a high school student is actually behind the Sasser worm that infected P.C.'s around the world last week. The boy was arrested Friday and released to his family at their home in a northern village of Germany.

German authorities say that Microsoft decoded the worm source code, leading them to the suspect. Sasser hit hard on computers running Microsoft Windows operating systems. It caused them to act sluggishly or shut down or reboot for no reason.

(WEATHER REPORT)

KAGAN: His defense secretary is under fire. Now President Bush is going directly to the Pentagon. He is scheduled to speak soon. You'll see it live right here on CNN when it happens.

(COMMERCIAL BREAK)

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


Aired May 10, 2004 - 11:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: You're coming up on 11 a.m. on the East Coast and 8 a.m. on the West Coast. From CNN Center in Atlanta, good morning once again. I'm Daryn Kagan.
Up first on CNN, the president, the Pentagon and prisoner abuse scandals. President Bush shows his support for embattled Defense Secretary Donald Rumsfeld in comment expected later this hour. And the military has set a court date for the first court-martial steaming from the scandal. For details, first we go to our Pentagon correspondent Barbara Starr -- Barbara.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Good morning again to you, Daryn.

President Bush is now in the pentagon having that briefing by high-level officials including Secretary of Defense Donald Rumsfeld and General Richard Myers, chairman of the Joint Chiefs of Staff, as well as several other high level officials.

According to what we have been told, the president will be given the opportunity to view some pictures of additional detainee abuse, if he chooses to do so. All of this under very tight control at the moment.

The Pentagon negotiating with Capitol Hill to provide them with more pictures and a videotape of detainee abuse and see about showing those to members of Congress. Not clear yet whether those will be released to the public.

But in Baghdad, the proceedings against Specialist Jeremy Sivits are moving ahead. It was announced that the court-martial proceeding will begin May 19 in Baghdad. He is charged with maltreatment of prisoners, conspiracy to maltreat prisoners and dereliction of duty for failing to protect prisoners.

Brigadier General Mark Kimmitt earlier today in Baghdad talked a little bit about how open that court-martial proceeding will be so the world can see U.S. military justice.

(BEGIN VIDEO CLIP)

BRIG. GEN. MARK KIMMITT, U.S. ARMY: There have been no tangible expressions up to this point of rage or outrage being expressed to coalition forces. But the intangibles are out there. The soldiers clearly walk up and down the streets. The people that look at them look at them differently because of what they've seen.

And the soldiers understand and the Marines understand that it's their responsibility to demonstrate to the people of Iraq that those pictures were horrible. Those pictures were unacceptable. But those pictures don't represent the 135,000 American Marines and soldiers that are doing the right thing every day.

(END VIDEO CLIP)

STARR: General Kimmitt going on to say that the news media, including the Iraqi news media, will be allowed to cover the court- martial trial. There will be print reporters allowed under typical U.S. court-martial proceedings. Television cameras are not permitted -- Daryn.

DARYN KAGAN, ANCHOR: Barbara, what about a look at the system in general? From what we've been able to see Sivits is trained as a mechanic. Bigger question is how did a truck mechanic end up as a prison guard in Iraq?

STARR: That is one of the key questions. The question that is coming to the fore is perhaps more deeper and more fundamental. Were these people appropriately trained to take on guard duties at this type of detention facility which the U.S. military has never run a facility of this magnitude with this number of prisoners.

Now the M.P.'s say they were not appropriately trained. That may be one question. But as far as the military prosecution goes, it's very clear that they will make the case that this is simply a matter of criminal activity by soldiers -- Daryn.

KAGAN: Barbara Starr at the Pentagon. Barbara, thank you for that.

For more on what we can expect to hear from the president, let's bring in our White House correspondent, Dana Bash, who's sanding by at the White House -- Dana.

DANA BASH, CNN CORRESPONDENT: Well, Daryn, as Barbara mentioned the president is getting a private briefing on Iraq at this time at the Pentagon. This is something that was previously scheduled but certainly now, given what is going on, it has been expected to be dominated by the Iraqi prisoner abuse issue.

Now, on the question of those pictures, this morning the White House says that the president has simply only been briefed about the scores of pictures and even the video that exists that haven't made it into the public. He has not actually seen any.

And as Barbara mentioned, the president will likely get a chance, if he chooses, to see the pictures during the briefing at this hour.

Now, the open question with regard to those pictures is whether or not they will be released to the public. Barbara also mentioned that there are negotiations with the Pentagon and Congress to allow them to see them.

But the question that they're grappling with here at the White House is whether to allow the leaks to continue. They fully expect them to continue. Or whether to try to control the story, if you will, and release the picture themselves.

This morning the White House is making a point of saying that it's essentially in the Pentagon's court. They'll take their cues from the Pentagon, because this is an ongoing investigation and they don't want to in any way hurt that investigation by releasing those photographs.

Now, with regard to Secretary Rumsfeld, the president, as we mentioned, is going to appear before the cameras very shortly, side by side with the defense secretary, a very public show of support by the president to reiterate what he and other aides have been saying, which is that they stand by the secretary of defense, even as calls for his resignation continue.

And the president is going to also try to give a morale boost to the men and women of the military later this hour, Daryn. He is going to tape an interview with armed services radio and television, where he is expected to talk about the fact that he supports and appreciates all that they've done in Iraq.

This is another chapter in the presidential damage control effort to try to not only thank them but also make the point and drive the point home that the people who were involved in this abuse issue don't represent the rest of the U.S. military -- Daryn.

KAGAN: Dana Bash, at the White House. Thank you for that.

BASH: Thank you.

KAGAN: The Iraqi prisoner abuse scandal has hit home for a southwestern Pennsylvania town. It's the hometown of Specialist Jeremy Sivits, the first soldier to face court-martial in the case.

Friends and neighbors say they're standing behind the accused soldier.

(BEGIN VIDEO CLIP)

MIKE FLEEGLE, SIVITS SUPPORTER: Let's pin a medal on one (UNINTELLIGIBLE). They drug our kids through the streets, behind Jeeps. They burned them; they hung them from a bridge. And why are we held higher standards than they were? We're at war.

(END VIDEO CLIP)

KAGAN: Sivits is scheduled to stand trial in Baghdad starting May 19.

Now we'll go live to Washington, D.C. The Justice Department holding a news conference. They plan to reopen a murder investigation of a murder that is almost 50 years old and helped inspire parts of the civil rights fight.

Let's listen in.

(LIVE EVENT)

KAGAN: We've been listening to a news conference from the Justice Department, talking about how federal prosecutors, investigators and the district attorney in Money, Mississippi, will be reopening the murder investigation into the killing of Emmett Till.

He was a teenager from Chicago back in 1955. He was visiting Mississippi when he unknowingly broke some unwritten laws of the Jim Crow south. He was dragged from his uncle's home, and he was beaten and killed in the middle of the night.

Two men were arrested and charged with his murder. They were both acquitted very quickly by an all white, all male jury. They later then sold their story to a magazine and gave a very brutal account of how they killed Emmett Till.

Now they -- now this new investigation will look into whether there were others involved and other identities that can be charged in the case. More on that ahead. Now more news.

We move on with the latest from Iraq where fighting has flared in a number of spots. Our Ben Wedeman, live in Baghdad today -- Ben.

BEN WEDEMAN, CNN CORRESPONDENT: Yes, Daryn.

Well, American forces here in Baghdad are certainly ratcheting up the pressure on radical Shiite cleric Moqtada al-Sadr and his Mehdi Army.

Overnight U.S. forces went into action in Sadr City, a stronghold of Moqtada al-Sadr, where apparently air and ground forces destroyed the headquarters of Moqtada al-Sadr in that area.

Now, we're getting reports that two Sadr supporters are -- were killed in that action and also later in the day one U.S. Humvee was destroyed.

Now the coalition is treading very carefully in this smoldering confrontation with Moqtada al-Sadr and his supporters, hoping that Sadr burns himself out politically.

(BEGIN VIDEO CLIP)

KIMMITT: We have a tremendous respect for the holy sites of Karbala and Najaf, and we're doing everything in our power to avoid a confrontation in those areas.

The moderate Shia and the coalition ban together and call on Moqtada al-Sadr to remove his presence from anywhere near those holy sites. It's amazing, the word on the street down in Najaf. They are talking to our soldiers now. And they're saying, "We wish that Moqtada would show the same care and same respect for the holy sites that the coalition does."

(END VIDEO CLIP)

WEDEMAN: Now, what they're doing, the coalition forces, is gradually pushing back a so-called Mehdi Army in places like Najaf and Karbala in daily confrontations with the Mehdi Army and other Sadr supporters here in Baghdad, hoping that they can sap their power, sap the attraction of Moqtada al-Sadr and his supporters.

And -- but at the same time try not to create Moqtada al-Sadr or make Moqtada al-Sadr into some sort of symbol of resistance and therefore a rallying point for others within Iraq, not just Shiites, to create him as a rallying point, some sort of patriotic resistance figure here in Iraq -- Daryn.

KAGAN: How's the news of this open, public court-martial of the first U.S. Soldier to face court-martial in the Iraqi prison abuse scandal, how is that playing in Baghdad?

WEDEMAN: Well, Daryn, initially a lot of people were expecting certainly from what Brigadier General Mark Kimmitt said, that this trial would be open to the public in the sense that it would be carried live on television, that possibly -- or some ordinary Iraqis might actually be able to attend that trial.

Now we're being told that the measures are going a little more strict there, that only pen and paper will be allowed.

So people are very interested in this subject. But there's not much hope that they're actually going to be able to know blow by blow what goes on in the court.

Now I was out at Abu Ghraib prison on the outside, talking to people who are waiting for relatives to be released. I think the real focus of many Iraqis is to see if the promises that more prisoners would be released, that visits would be made easier, if those promises are going to be kept -- Daryn.

KAGAN: Ben Wedeman in Baghdad. Thank you.

There is much more to come on the Iraqi prisoner abuse scandal. President Bush is visiting the Pentagon as the defense secretary remains under fire. We'll hear from him later this hour.

CNN LIVE TODAY is back after this.

(COMMERCIAL BREAK)

(STOCK REPORT)

KAGAN: From the basketball court back to the courthouse, Kobe Bryant returns. And we should soon hear a plea from him in the sexual assault case. We are live coming up.

Also an arrest in the case of a worm that caused computer chaos. We'll be back after this.

(COMMERCIAL BREAK)

KAGAN: Three-day hearing opens this morning for NBA star Kobe Bryant. It's expected to conclude with his arraignment and a plea of not guilty.

Our Adrian Baschuk is at the courthouse in Eagle, Colorado, today -- Adrian.

ADRIAN BASCHUK, CNN CORRESPONDENT: Daryn, good morning.

Kobe Bryant arrived here just about an hour ago. He's been behind closed doors in sessions.

This, again, is another month straight of the judge not letting these hearings open to the public. It's because they are once again addressing very sensitive matters regarding the accuser's sexual past.

The defense is seeking to challenge Colorado's rape shield law and declare it unconstitutional. They want to get into evidence at trial the accuser's -- just parts of the accuser's sexual past.

Specifically, they argued that she had sex with multiple partners in just the days before after allegedly being raped by Kobe Bryant. And even one day afterwards.

Also these hearings are expected to address a hearing the defense put forth, seeking to amend the prosecution's -- calling the accuser in court the, quote, "victim." They want her addressed by either "the complaining witness" or "the accuser in this case," as Kobe Bryant has not been found guilty of a crime.

Lastly, the tenth item on the docket for this week's hearings will be Kobe Bryant's arraignment. He will -- He's expected to stand before the judge and then plead not guilty -- Daryn.

KAGAN: Adrian Baschuk in Eagle, Colorado. Thank you.

German police say that a high school student is actually behind the Sasser worm that infected P.C.'s around the world last week. The boy was arrested Friday and released to his family at their home in a northern village of Germany.

German authorities say that Microsoft decoded the worm source code, leading them to the suspect. Sasser hit hard on computers running Microsoft Windows operating systems. It caused them to act sluggishly or shut down or reboot for no reason.

(WEATHER REPORT)

KAGAN: His defense secretary is under fire. Now President Bush is going directly to the Pentagon. He is scheduled to speak soon. You'll see it live right here on CNN when it happens.

(COMMERCIAL BREAK)

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