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9/11 Investigators Criticize Government on Security Overhaul; Witness Telling Tales of Torture, Rape in Saddam Hussein Trial

Aired December 05, 2005 - 10:59   ET

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

DARYN KAGAN, CNN ANCHOR: Let's get right to the next hour, take a look at what's happening "Now in the News."
A suicide bomb kills five people and injures dozens more outside a shopping mall in Netanya in northern Israel. The bomber also died in that blast. The militant group Islamic Jihad has claimed responsibility for the attack. The Palestinian Authority condemned the bombing, calling it sabotage against the peace process. Israeli security officials are meeting to discuss a response.

President Bush is heading to North Carolina, and the economy is the focus of this trip. Mr. Bush will tour a construction equipment plant where he's expected to highlight last week's reports on job creation and economic output. CNN will have live coverage of the president's speech later this afternoon.

At Andrews Air Force Base in Maryland, a dramatic rescue operation is under way. Crews trying to rescue a man from a water tower. Authorities say he was working about 200 feet above the ground when he had some sort of medical emergency. They say he's not completely conscious and was not able to get down on his own.

A man who allegedly climbed a fence at the White House is expected to appear in court today. The Secret Service says Shawn Cox, who is from Arkansas, was charged with unlawful entry after he scaled a fence and jumped on to the north lawn yesterday. President Bush was at home when that incident happened.

In Florida, Lionel Tate faces a competency hearing later that month after he sent a letter to the judge threatening to kill himself. His probation hearing set for today was postponed. Tate is accused of robbing a pizza delivery man.

In 2001, he became the youngest person ever sentenced to life in prison in the U.S. at the age of 13. That murder conviction was later thrown out, but his life sentence could be reinstated for violation of probation.

Good morning. It is Monday morning. Welcome to CNN LIVE TODAY. Let's check some of the time around the world.

Just after 11:00 a.m. here in Atlanta, Georgia, and just after 7:00 p.m. in Baghdad.

From CNN Center in Atlanta, I'm Daryn Kagan.

Let's start this hour with your CNN "Security Watch."

The 10 Americans who did an exhaustive probe of 9/11 failures says the government is failing again. Today, they're acting as private citizens. The former commissioners criticized the White House and Congress for "moving at a crawl."

They give Washington Ds and Fs for failing to implement many of their 41 recommendation for intelligence reform. In their words, "There's no sense of urgency, people are not paying attention."

The 9/11 investigators faulted the federal government in three primary areas today: failure to establish a unified command, who would be in charge in the field if there is another attack, failure to come up with the way for first responders from various fire and police departments to talk to each other, and finally, failure to spend security dollars based upon risk rather than geography or politics.

(BEGIN VIDEO CLIP)

TOM KEAN, FMR. 9/11 COMMISSION CHAIRMAN: We believe that the terrorists will strike again. So does every responsible expert that we have talked to. If they do, and these reforms that might have prevented such an attack have not been implemented, what will our excuses be?

(END VIDEO CLIP)

KAGAN: The president and Congress did OK the 9/11 Commission's top recommendation, the office of a director of National Intelligence, but a lot of the initiatives have floundered.

To Washington now. Richard Falkenrath is a fellow at the Brookings Institution and a CNN security analyst.

Richard, good to see you again.

RICHARD FALKENRATH, CNN SECURITY ANALYST: Good morning, Daryn.

KAGAN: A couple things.

First of all, let's go right to what Thomas Kean said in that sound bit. He said that pretty much everybody who's in this business believes there will be another attack on U.S. soil. Do you agree with that?

FALKENRATH: I do agree. And it is true that virtually everyone in the business agrees with that. It's the right planning assumption for our national security apparatus. We hope it doesn't happen, and we're going to do everything we can to prevent it from happening, but we should assume that it will.

KAGAN: What about the criticism of the funding formula, saying that it needs to be done based on different cities and areas of their risk, not on geography and politics?

FALKENRATH: They're absolutely I think everyone who studied this issue closely recognizes that the money should be allocated based on vulnerability and threat. There is a problem in the Senate which they directly addressed. The Senate has so far declined to pass legislation that would allow the money to be distributed based on vulnerability and risk. And the reason is that the smaller states and the rural states would end up getting less money.

KAGAN: So what's it going to take?

FALKENRATH: Well, on that particular issue, I think what the 9/11 commissioners are doing is very helpful. It's sort of shaming the people that are standing in the way of a risk-based allocation of the money. And hopefully over time they will be beaten back, and the proponents of risk-based allocations will win out.

But that's a -- that's really political arm wrestling. And it happens in the back rooms of the Congress. And there's no magic bullet, there's no single thing that will prevail in that situation.

KAGAN: What if I put you up there on that podium today and you had a chance to talk about what worries you most now, more than four years after 9/11? What would you say?

FALKENRATH: Well, there's a very long list of things to worry. And I think they hit many of the important ones. Not all of them.

There's a particular vulnerability with our critical infrastructure, our chemical facilities have not yet been secured adequately. That's a mass casualty vulnerability.

In the area of domestic intelligence, which they spoke out strongly on, and information sharing, I was disappointed that they didn't address the issue of the Patriot Act. Sixteen provisions of the Patriot Act are going to expire at the end of this month unless Congress re-authorized them. And they basically ignored that issue.

KAGAN: And you would like to see them not expire?

FALKENRATH: Well, they certainly should not be -- they should not expire. Almost nobody thinks that all 16 provisions should expire. Congress has just a few days left to pass the legislation that will allow them to continue. And given the timing of this final report, they really should have addressed that directly.

KAGAN: Thomas Kean also said that he believes the terrorists are watching and they're learning, they're evolving. Clearly, it looks like the U.S. and its government is not doing the same. What is it going to take?

FALKENRATH: Well, it takes continual attention and hard work by the leaders in the executive branch in the Congress. And I think the commissioners are right, it requires continual outside engagement and watching and calls for action of the sort that they gave us today.

This will -- this problem will never go away. It's one that we just have to keep working at tirelessly. And they are right that the terrorists are still out there and they are adaptive and they are learning. And we should assume that they will strike again.

KAGAN: Richard Falkenrath, thank you for your time today.

FALKENRATH: Thank you, Daryn.

KAGAN: CNN "Security Watch" keeps you up to date on safety. Stay tuned day and night for the most reliable news about your security.

It's the third attempt at bringing Saddam Hussein to trial, and it had a rocky start today. Hussein's defense team walked out of court in protest after the judge refused to hear complaints about the court's legitimacy.

At one point, the former Iraqi leader stood up himself and shook his fist, saying the court was appointed by U.S. occupiers. But after a 90-minute recess, the judge agreed to hear the complaints. That's when former U.S. attorney general Ramsey Clark made an impassioned plea for security to protect Hussein's attorneys.

(BEGIN VIDEO CLIP)

RAMSEY CLARK, FMR. ATTORNEY GENERAL: ... in place for the court, for the prosecution, for the prosecution witnesses. As far as we can tell, significant protection.

UNIDENTIFIED MALE: (SPEAKING ANOTHER LANGUAGE)

CLARK: There is virtually no protection for the nine Iraqi lawyers and their families who are heroically here to try to defend truth and justice in Iraq.

(END VIDEO CLIP)

KAGAN: Despite that earlier drama, the trial is now under way. Once again, a witness for the prosecution is already telling horrifying stories on the stand. Hussein and his seven co-defendants are accused of going on a killing spree in 1982 after an attempt on Hussein's life.

CNN's Aneesh Raman follows the story now for us in Baghdad and joins us live.

Aneesh, hello.

ANEESH RAMAN, CNN CORRESPONDENT: Daryn, new developments to tell you about. That video we're seeing is on a tape delay of about 20 to 30 minutes. We understand now from those in the courtroom that today's court session has been adjourned, that the trial will resume on December 7. Not tomorrow, as some had expected.

Now, to retrace what exactly happened today, as you mentioned, it began with legal wrangling essentially between the defense lawyers and the judge, a battle for control that we saw at the first two sessions. The judge, though, today, clearly showing newfound confidence at the beginning, trying to bring as quickly as possible the first witness to the stand.

Instead, the defense lawyers stood up, they made their voice known through Ramsey Clark, in addition to other defense lawyers who are part of Saddam Hussein's legal defense team. They walked out at one point; they returned.

But really, in the end, the day defined by incredible testimony. The first witness to stand in front of his former dictator, in front of Saddam Hussein and other members of his regime and begin in specificity to detail what happened in July 1982 in the village of Dujail, north of the capital, where Saddam, in July that year, survived an assassination attempt and had thousands of those villagers thrown in jail and allegedly over 140 of them executed.

This man exuded remarkable confidence at the beginning. At times, Barzan Hasan, Saddam Hussein's half brother, stood up to interrupt him. He asked that he be kept quiet, he addressed Saddam Hussein specifically, really just trying to make his message known. At other times he nearly broke down, especially when he spoke about the torture that his brother endured.

So, clearly, for Iraqis who have been watching this process, who have been waiting for this moment, for the first witness to defiantly stand in front of the former dictator and outline the charges, this was a huge day. They had grown frustrated by the delays. This, though, for them, will mean the trial has begun in earnest -- Daryn.

KAGAN: Aneesh Raman live from Baghdad.

Thank you.

Want to bring you up to date on a couple of other stories we're watching from Iraq this morning.

France confirming kidnappers grabbed one of its citizens today in this upscale area of Baghdad. He is identified as Bernard Clenche (ph). The engineer was helping rebuild the capital city's water and sewage system. A small pool of blood was found next to a vehicle.

More about the four peace activists who were kidnapped last week in Iraq. The men, two Canadians, an American, and a Brit, worked with the group Christian Peacemakers Teams. The wife of the British hostage Norman Kember, the man in the sport coat, is urging kidnappers to free the men.

Pat Kenberg made a videotape appeal that aired on the Middle East news channel Al-Jazeera. She says her husband was in Iraq to help people. Christian Peacemakers Teams opposes the Bush administration's policy for Iraq.

Well, her state was ground zero in the days after Katrina hit. But did her calls for help go unheard? A new look at some of Governor Kathleen Blanco's records from those crucial days coming up.

Also ahead, the front lines in the fight against bird flu. Dr. Sanjay Gupta introduces us to researchers trying to beat the deadly virus.

And hear from the woman who wouldn't give up until she helped find the remains of two missing children.

(COMMERCIAL BREAK)

SUSAN LISOVICZ, CNN FINANCE CORRESPONDENT: I'm Susan Lisovicz at the New York Stock Exchange, where stocks are lower as oil prices hit their highest levels in nearly a month. Right now the Dow industrials are down 46 points, or nearly a half a percent. The Nasdaq composite losing 19 points, or nearly one percent.

A potential bidding war could be unfolding for Guidant. Boston Scientific is making a surprise $25 million offer for the medical device maker, topping a recently lowered bid form Johnson & Johnson by more than $3 billion. Last month, Guidant and J&J renegotiated their existing deal when Johnson & Johnson threatened to pull its offer.

Let's go back to Daryn now in Atlanta.

KAGAN: Thank you very much. We have news coming out of Iraq. Susan, thank you.

Let's go live now, actually on the phone. Our Nic Robertson has been inside the courtroom where Saddam Hussein and seven other defendants have been on trial. Like other days at this trial, it has been lively and dramatic.

Nic, what can you tell us?

NIC ROBERTSON, CNN SR. INTERNATIONAL CORRESPONDENT: Well, Daryn, the proceedings ending today on a very dramatic mode. Saddam Hussein, in a very heated exchange with the judge and with the second witness, literally throwing his notebook or sheets of papers on to the floor. And it was at that moment the judge said, OK, this is a time to wrap it up for today.

So the court adjourned now. And it will be adjourned for the next two days. The judge said he would call the next session on Wednesday, the 7th.

He didn't give a reason for that day's delay. It's been very emotional testimony from witnesses, and there have been very emotional outbursts from Saddam Hussein, at one point saying, "If you want my neck, than you can have it."

His half brother, Barzan Hasan, also stood up in the court, again, the proceedings earlier on, and said, "Why don't you just execute us?" So both of them very clearly focusing on what they, perhaps, fear and believe can be happening to them. And perhaps that at the root of their very emotional outbursts today -- Daryn.

KAGAN: And we should say, Nic, this does sound like an incredible scene that you're describing. The pictures coming out of Baghdad are on about a 20-minute video delay. So we will look for those pictures to be coming in the minutes ahead. Meanwhile, let's talk about the judge in this case, Nic. As the days go on, as the events, as the episodes, he appears to be less and less in control of this courtroom.

ROBERTSON: Well, Judge Rizgar Amin really seems under incredible pressure to push this process forward. We've seen him take a much more robust position in the court today, shouting down defendants, even shouting at witnesses, telling them to stick to the facts.

But in the morning, he really lost control where the defense lawyers left the courtroom, one after another. They all left the courtroom.

He called for a 10-minute recess. It was more than an hour and a half later when the court restarted. And the judge had to concede to what -- to what the defense lawyers had asked for.

The defense lawyers were back in court, but they were only back because their demand had been met to read out their statements. Ramsey Clark read out a statement demanding more security for the lawyers. Another -- another international adviser to Saddam Hussein read out a statement about the legitimacy of the trial.

So this judge had to concede those points. But he has been pushing on. And I think an indication of how much pressure he is under to get this trial moving, to make progress, the court has been in session today for eight hours. That's the longest it's been in session for -- for so far.

You talk about the television pictures. And only two of the judges are shown on camera. But sitting in the courtroom, I can see a panel of five judges. And it's been such a long day.

For one of them, I could see that his eyes were closed. He appeared to be nodding off, and then he woke with a start (ph). So it's clearly a very long day. The judge, Judge Rizgar Amin, trying to push everyone along. But as you say, Daryn, this morning, essentially losing control of the court.

KAGAN: And as you were pointing out, this trial will go on. For some reason, not tomorrow, but the trial does resume again on Wednesday. We'll look forward to more coverage on Baghdad.

Nic Robertson, thank you for that.

We'll take a quick break. I'm back after this.

(COMMERCIAL BREAK)

KAGAN: And now the latest from the Gulf Coast. Since Hurricane Katrina, New Orleans hasn't had much to cheer about. The city's NFL team, the Saints, had to pack up and leave town. But now a ray of hope that next year might be different.

National Football League commissioner Paul Tagliabue scheduled to meet today with business leaders in New Orleans. He's also touring the Superdome. The NFL trying to determine whether the team can return to a more normal schedule next year, with some of its home games returning to the Superdome.

This all as the New Orleans Saints commitment to New Orleans has been a little questionable.

Congress is investigating the federal government's response to Hurricane Katrina. Some new information coming to light.

Louisiana Governor Kathleen Blanco's office has sent tens of thousands of pages of documents to Congress. They appear to show the disconnect between state and federal officials as the storm struck.

Among the documents released, a plea to President Bush. According to Governor Blanco's account, she told the president on the day of the storm, "We need your help. We need everything you've got." According to another memo, Blanco said, "I believe my biggest mistake was believing FEMA officials who told me the necessary federal resources would be available in a timely fashion."

Blanco blamed the federal government for a slow response. The White House said Blanco and other state and local officials were unorganized and indecisive.

In the aftermath of Katrina, there is word that the American Red Cross plans to aggressively reach out to minority groups. "The Washington Post" reporting that charity plans to add more minorities to its network of volunteers. That's in response to criticism that it treated them callously during relief efforts. Red Cross leaders tell the paper that most of the problems were issues of perception and had nothing to do with cultural insensitivity or racism.

And now as you look at the calendar, more than three months after Katrina ravaged New Orleans, much of the city is still a ghost town. And leaders there are urging people to come home.

Mayor Ray Nagin was here in Atlanta over the weekend for a meeting with people who have fled New Orleans. Nagin received an earful. Many in the crowd were angry or frustrated that he didn't have answers they were looking for.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: What about me? Because I work, I ain't on welfare, I ain't on food stamps. I ain't on Section 8. I can't get no help.

I'm sick of it. I'm up to here. (INAUDIBLE) and I'm sick and I'm here. (INAUDIBLE), but I've got to get out.

I've had it. I'm finished. I just need somewhere to go. I want to go home.

(END VIDEO CLIP)

KAGAN: Displaced storm victims here in Atlanta will have a chance tomorrow night to hear more about the future of their home town. A planning commission will hold a special meeting to talk about rebuilding New Orleans.

Coming up later in the hour, a virus so deadly it has helped experts use the word "pandemic" to describe its potential. Dr. Sanjay Gupta gives us a lesson on what bird flu is and the efforts to fight it.

(COMMERCIAL BREAK)

KAGAN: We're just getting these pictures into us here at CNN. That's President Bush getting off of Marine One at Andrews Air Force Base. He's about to get on Air Force One.

He is heading to North Carolina today, where he will be speaking about the economy. That speech is a few hours away. You'll see live coverage of it right here on CNN, 1:15 Eastern, 10:15 a.m. Pacific.

Let's show you what the president did earlier today. It was a festive mood at the White House this morning. President and Mrs. Bush hosting more than 100 children for a holiday program.

Many are the children of U.S. servicemen and women. The kids watched the American Ballet Theater perform dances from "The Nutcracker." The troop is in Washington this week for performances at the Kennedy Center.

And it's easy to get in the festive mood, especially in Virginia today, would you say, Chad?

CHAD MYERS, CNN SEVERE WEATHER EXPERT: Yes, Virginia, Maryland, right through Wilmington, Delaware. And then kind of skirting right out through Atlantic City.

Now, New York City, there will be some snow there. Philadelphia, some snow. We're talking flurries, literally. But the heavy snow is from Staten Island southward, right through most of New Jersey.

Here's the snow now in the white area here, from D.C. south and westward, right on through into Roanoke, Charlottesville, almost down to Richmond, almost to the west end now, changing over from some rain to some snow, kind of mixing in at times. You can kind of see a white flake in there.

I-81, though, getting snow-covered in some spots. And this is all going to be moving to the Northeast, right through D.C. and into Baltimore.

The big story is how quickly it's going to change from rain, which is going to be most of Virginia, the Delmarva, right into snow. Heavy snow at times, could be four to eight inches, and then back to flurries.

This is a tiny little storm that everybody is panicked about, including everybody here at CNN, because this is where so many people live, trying to get through D.C., Baltimore, south of Philadelphia, and then even right, for that matter, right on into parts of New Jersey. The difference with this storm is where the warnings are, at least at this point.

The warnings are all from Richmond, through Petersburg, right through into D.C., and then into Delaware and New Jersey. Notice not anything for Pennsylvania at all, except for a little snow advisory here, and then back out to the west. And to the southwest, it stops quickly before it even gets into North Carolina, because this is a quick-moving storm. It will be gone by noon tomorrow -- Daryn.

KAGAN: We'll keep our fingers cross the for that. Chad, stay with me for this next story.

MYERS: OK.

KAGAN: I really have no idea what kind of day you're having so far.

MYERS: So far, so good.

KAGAN: Yes. Well, better than the people in South Dakota.

Demolition crews -- let's go to the video taken in South Dakota. Plan B.

MYERS: Oh!

KAGAN: They were supposed to use explosives over the weekend to bring down the 202-foot tower.

MYERS: I'll huff and I'll puff, and I'll blow your tower down.

KAGAN: Not necessarily.

MYERS: No.

KAGAN: The tower saying, yes, what else have you got? The building is no pushover. It's still -- it's leaning, but...

MYERS: Now it's the leaning tower of South Dakota.

KAGAN: There you go! Don't destroy it. It's a tourism opportunity.

This is the plan: they want to blow out the bottom, lay the tower on its side. They plan later this week to try a crane and a wrecking ball.

What do you think?

MYERS: Don't try this at home.

KAGAN: No, don't try this at home, especially if you live in South Dakota.

MYERS: Right. KAGAN: Chad, thank you.

MYERS: You're welcome.

KAGAN: All right.

When we come back, Saddam Hussein on trial. Witnesses testifying about the abuses they experienced, and their former dictator responds with smiles. How is the trial playing in the rest of the Arab world?

And convicted in the death of a playmate, he served the time but he got into some trouble again. What brought Lionel Tate's hearing to an abrupt end today? We'll tell you just ahead.

(COMMERCIAL BREAK)

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