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Paying the Price in the Pat Tillman Probe; Michael Vick Due in Federal Court Today; Senate Democrats Call for Special Counsel to Investigate Alberto Gonzales

Aired July 26, 2007 - 10:59   ET

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


HEIDI COLLINS, CNN ANCHOR: You're with CNN. I'm Heidi Collins.
Tony Harris is off today.

Developments keeping coming in on this Thursday, July 26th.

Here's what's on the rundown.

Paying the price in the Pat Tillman probe. A retired general could lose rank and money.

Michael Vick's dogfighting case begins. Is it the end of his career? We talk with the top sports agent.

And justice not served? Accused rapist walks with no interpreter in court. We found one, and found the suspect apparently speaks English, in the NEWSROOM.

He left the football field for the battlefield, but who knew that Pat Tillman was killed by his own troops? Today, word of possible punishments.

Senior Pentagon Correspondent Jamie McIntyre with more.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT (voice over): Pentagon sources tell CNN that Army secretary Pete Geren is strongly considering a letter of censure against the highest-ranking general facing punishment in the Pat Tillman case. If Geren recommends the censure, it would come on top of disciplinary action expected to be announced next week against nine officers who were all found to have made critical mistakes in the aftermath of the friendly fire death. But for the three-star general who retired last year, it would mean a reduction in rank and a cut in pension benefits.

Lieutenant General Philip Kensinger was the most senior of nine officers faulted by the Pentagon in a March inspector general's report probing the death of former NFL-player-turned-Army-Ranger Pat Tillman in April of 2004. In fact, the three-star general was the Army's representative at Tillman's nationally televised memorial service the following month.

The DoD IG report concluded that, at the service, "Although Lieutenant General Kensinger knew friendly fire was suspected, he decided to withhold notification from family members." It also found when asked about it later, "Kensinger provided misleading information to investigators..."

(on camera): So, he said at that point he didn't know that fratricide was a likely cause, a likely reason for the death, and that he didn't find out until afterwards. And you didn't find that credible?

THOMAS GIMBLE, DEFENSE DEPT. INSPECTOR GENERAL: We didn't find that credible. We found evidence that he knew in the April time frame.

MCINTYRE: Well, that sounds like lying.

GIMBLE: Well, in the Army, we'll look at that. And we'll make a determination.

(END VIDEOTAPE)

COLLINS: And Jamie McIntyre joining us now live from the Pentagon.

OK, Jamie. So we know that Lieutenant General Kensinger may lose a star in all of this, which means implications for his pension and his pay. We also know nine officers and four generals in total have been reprimanded.

Could there be more or is this the end of it now?

MCINTYRE: Well, as far as the Army is concerned, this is going to close the book on the Tillman case. There have been four separate investigations. This last one by the Pentagon inspector general, because many people questioned whether the Army could independently investigate itself.

The Army will be reaching out to the Tillman family, which has been unhappy with all of the investigation so far, to try to explain to them the actions. But given the past level of animosity between the Tillman family and the Army, it's doubtful that they'll find this resolution satisfactory as well.

The final shoe will drop next week when General Wallace, a four- star general who's actually going to decide what kind of reprimands each of these people gets, hands out his punishment. And then we'll have to have a final decision from Secretary Geren whether he wants to proceed with that letter or censure, which would, again, strip General Kensinger of a star and about $1,000 a month in pension benefits.

COLLINS: OK, Jamie.

From that general, to another general, second in command in Iraq now, General Odierno, and a new report that has just recently come out. Tell us what this says about a decrease in the death toll of American soldiers in Iraq.

MCINTYRE: Well, General Odierno, who's second in command in Iraq, was talking to reporters in Iraq and just noting that the deaths, U.S. combat deaths so far this month, just over 60, 62 by CNN's count, is actually the lowest of the year so far. In fact, July is on track to be the least deadly month of 2007.

He cited it is evidence that the surge strategy is working, although he noted it's an initial trend. It's too early to say it's a trend. There have been other times in the past when casualties have dropped. But compared to the last three months, when the death toll for U.S. troops was over 100 in each one of those months, he sees it as a positive sign.

Again, they expected the casualties to go up in the initial parts of the surge. Now they're hopeful that they're going to go down as they secure a lot of areas. And the test will be whether this trend holds up. But at the moment, with 62 combat deaths in July, July could be the least deadly since August of last year, when about 65 Americans died.

COLLINS: Well, we certainly hope it is moving toward a positive trend, that's for certain.

Jamie McIntyre, live from the Pentagon this morning.

Jamie, thank you.

And word from the U.S.-led coalition in Afghanistan, more than 50 insurgents have been killed. It happened in southern Afghanistan, a 12-hour battle that ended early today.

The coalition says Taliban militants fired at an Afghan patrol. Afghan and coalition forces fired back and called in more planes. No reports of major injuries to civilians or Afghan and coalition forces.

To Pennsylvania now. Three incoming college football players get the boot after being accused of rape. Villanova University says it has denied admission to the three after a freshman says she was attacked on campus earlier this month. School officials say students have no reason to be on edge.

(BEGIN VIDEO CLIP)

LIZ WALSH, VILLANOVA UNIVERSITY SPOKESMAN: This incident involves individuals who are known to each other. Based on that, and on all the other facts we gathered, it was determined that there is not a continuing threat to other students or to the employees here on the Villanova campus.

(END VIDEO CLIP)

COLLINS: The school says it is investigating.

And in the shadow of the Duke lacrosse case, the disgraced prosecutor is in a North Carolina courtroom right now. At issue, whether Mike Nifong should be held in criminal content for his handling of the discredited case. The judge has already ruled against Nifong on one matter. His ruling, there is probable cause to believe Nifong deliberately lied about the case.

And just a few moments ago, Mike Nifong went to the microphones and offered some type of apology.

Let's listen.

(BEGIN VIDEO CLIP)

MIKE NIFONG, FMR. DURHAM COUNTY D.A.: Mr. Seligmann, Mr. Finnerty and Mr. Evans were entitled to the presumption of innocence when they were under indictment. Surely they are entitled to more than that now as they go forward with the rest of their lives. And that is what the attorney general tried to give them in his declaration that they are innocent.

I have admitted on more than one occasion that I have made mistakes in the prosecution of these cases. For that, I sincerely apologize to Mr. Seligmann, Mr. Finnerty, Mr. Evans and to their families. It is my hope that all of us can learn from the mistakes of this case, that all of us can begin to move forward. It is my hope that we can start this process today.

(END VIDEO CLIP)

COLLINS: Mike Nifong offering his apology there to the three accused lacrosse players at Duke.

And now, his football career and his freedom are on the line. Atlanta Falcons quarterback Michael Vick heads to court today on dogfighting charges.

CNN's Brian Todd is at the federal courthouse now in Richmond, Virginia.

Good morning to you, Brian.

BRIAN TODD, CNN CORRESPONDENT: Good morning, Heidi.

There's a lot of buzz here at this courthouse. A line has already started to form behind me to try to get in this building.

Why? Because this is Michael Vick's first appearance, public appearance since he was indicted last week. The line has already started to form, but Michael Vick not expected to arrive here for another four hours.

What are we going to see today? We're going to hear the charges against him, read to him in court. He will likely enter a plea. They may very well set a trial date.

There will also be a bond hearing, a bond and detention hearing, where he's expect to post bond. And there may be some kind of hearing on the travel restrictions that may be imposed on him, or may not be. That will be very telling as well.

Michael Vick, of course, indicted on dogfighting conspiracy charges last week. The details in this 18-page indictment, very, very grisly. CNN has reported extensively on those.

He will be read those charges in a few hours, enter a plea. And then we'll know more about this case and how it's going to proceed in the next couple of months -- Heidi.

COLLINS: Yes. And usually, Brian, when we have the first day in court like this, it is quite procedural. Any idea what details we might be able to learn today, though?

TODD: Well, a couple of interesting details. I talked to a criminal defense attorney who has tried several cases here in front of this judge, Henry Hudson, and what you can determine by a couple of things -- they set a trial date, and it's less than three or four months down the road. That may be an indication that there may be negotiations that will commence.

Somebody may enter a plea of guilty and cooperate. Somebody may turn on other witnesses.

Also what's very interesting is, he said watch for the detention part of this. If Michael Vick gets travel restrictions imposed on him and he does not object, that may be a sign that he knows that maybe he might be suspended by the NFL coming up.

That might happen imminently, and that if he doesn't object to travel restrictions, he knows that he's probably not going to be going to training camp. The NFL commissioner and his own team have already told him that for now he should stay away from training camp. But if he gets travel restrictions imposed on him and he doesn't object to that, it may be a broader sign that he knows his career is in further jeopardy -- Heidi.

COLLINS: Yes, it could be. And training camp, of course, starts today.

Hey, Brian, give us a picture of possible protesters behind you. We heard a little about that. But it is several hours, as you mentioned, before Vick arrives to the courthouse.

TODD: Right. The people behind me here are just observers trying to get into the courthouse to observe these proceedings. But there have also been numerous animal rights protesters. That's expected.

They've been also lined up outside the NFL offices in New York and near the Falcons offices. So this was completely expected.

We haven't heard a lot of loud protests. It's starting to build right now. We expect more of that later. We expect maybe hundreds of them to be out here by the time he arrives today.

COLLINS: All right. Brian Todd on the story for us today from Richmond, Virginia.

Brian, thanks so much for that.

And talking more about this case, damage control in handling a high-profile athlete in trouble. Super sports agent Leigh Steinberg weighs in on the Michael Vick case. We'll have a live interview with him coming up in just a few minutes.

Word just in from the White House now President Bush plans to host Britain's new prime minister, Gordon Brown, at Camp David this weekend. It will be his first visit since taking office last month. White House spokesman Tony Snow says the two leaders will likely discuss the conflicts in Iraq and Afghanistan, as well as situations in Darfur and Kosovo. Mr. Brown is expected to pursue a bit cooler relationship with Washington than his predecessor.

And just in, Senate Democrats calling for a special council to investigate Attorney General Alberto Gonzales, questions about whether he perjured himself. A news conference on this coming up in just about 30 minutes.

Earlier this week, Gonzales testified a White House meeting in 2004 was not about the controversial warrantless wiretapping program, but senators say that contradicts a letter sent to the Judiciary Committee last year by former National Intelligence director John Negroponte. The meeting involved eight congressional leaders, including four Democrats. The Justice Department says Gonzales stands by his testimony.

Uncanny cat. When Oscar cuddles up, it seems death is at the door.

Caretakers at a Rhode Island nursing home say Oscar has a knack. He appears to know when patients have less than four hours to live. They say Oscar makes rounds sniffing and observing patients. If he stays in the room, it is time to call the family.

Can you believe this? The furry grim reaper said to be on target at least 25 times.

He looks like such a nice kitty, doesn't he?

An NFL star, his image tarnished. Can Michael Vick make a comeback from dogfighting allegations? Super sports agent Leigh Steinberg weighs in.

And daring rescues from China's deadly floodwaters. More with these pictures in a moment.

Could your social life be too well-rounded? Careful. Obesity might be spreading.

In concert, out of step. Boy, ain't that the truth? Beyonce falls, becomes as big as Niagara Falls. But the singer's slip is just one of many famous flops. We'll take a look. And it's worth sticking around for, trust me.

(COMMERCIAL BREAK)

COLLINS: Damage control. NFL quarterback Michael Vick goes to court today to face dogfighting charges. Can he save his career and his image?

Sports agent Leigh Steinberg represents a who's who of top athletes, if you will -- Steve Young, Troy Aikman, Warren Moon and Ben Roethlisberger.

Leigh Steinberg is joining us now from Irvine, California, to talk more about this Vick case.

Leigh, thanks for being here.

Boy, I'd love to know, if you were Michael Vick's agent, what would you do? Would you make him talk? We haven't -- we haven't heard anything from him yet.

LEIGH STEINBERG, SPORTS AGENT: Well, I think if he was willing to concede that he was guilty in the case, the first thing you'd have him do is issue the most sincere apology that he could and have him state in the most unstinting terms that he understands that dogfighting is anathema to people's basic instinct, that he's sorry, that he'll never do it again, and come out in the strongest possible terms. But I think that he's not willing to concede at this point that he is guilty, and his legal defense is coming first.

So, at this point, he's in very serious jeopardy of puppygate tainting his reputation all across the country.

COLLINS: In fact, we have heard a little bit through his representation that he said he really had nothing to do with this, didn't know what was going on at that home.

STEINBERG: Well, and that being the case, you hardly think that they're sitting at Wheaties headquarters thinking, gee, I'd really like to help our sales and products, let's put a dog torturer on our box.

COLLINS: Yes. Well, let's go ahead and listen in for just a moment, if you would with me, Leigh, to Atlanta Falcons owner Arthur Blank's comments. These came to us from Tuesday.

Let's listen.

(BEGIN VIDEO CLIP)

ARTHUR BLANK, ATLANTA FALCONS OWNER: A professional football player -- all of us, for that matter, not just professional football players, are responsible for our behavior, whether it's in the limelight or not, and the circumstances that we've put ourselves in and the people that we associate with. Michael, obviously being the celebrity that he is and being the high-profile person that he is as a football player in the NFL, it becomes even more critical that that -- that that -- he be very sensitive to that.

(END VIDEO CLIP)

STEINBERG: Now, Heidi, if he was found to be not guilty, if he makes it through the process...

COLLINS: Right?

STEINBERG: ... and in a trial they in a clear and convincing case finding him to be not guilty, there are examples of players from Kobe Bryant of the Lakers, to Ray Lewis of the Baltimore Ravens, who have come back with the passage of years and have rehabilitated their reputations.

But this puppygate scandal at this point is so shocking to the country, it's running on the front pages of newspapers, and it's being talked about at water coolers. And it is at this point absolutely destroying Michael Vick's reputation.

COLLINS: And if he is not, if he is found guilty, because, again, being very clear here, everyone is afforded the due process of law, but if he is found guilty, when you talk about responsibility, is it a personal responsibility? Or should the NFL be involved, should his agent be involved as people who guide him and help him to make decisions regarding his personal life?

STEINBERG: Well, if he's found to be guilty, he'll first of all have to face the legal consequences of whatever that punishment is. The NFL has the ability to suspend him for a while.

But remember, he's still a young man, so even if he faces legal consequences and NFL consequences, at some point he'll be able to come back and play. And at some point he'll be able to come back and rehabilitate himself, if he is willing to come forward and try to make amends in the clearest and most unequivocal terms, apologize and try to make amends.

COLLINS: How do fans react to something like that when these types of cases -- which, again, we haven't seen anything like this before -- but something that is so poor image-wise, how do they get back on board?

STEINBERG: What happens is that we have a tremendous capacity in this country to like the fall of the high and mighty, but we also have the capacity to forgive if someone is sincere. Now, we love pets in this country, and so these images of this virile, strong athlete potentially torturing a helpless animal is shocking.

Now, if he were to come back and make amends and to be sincere and contrite, the passage of time, people can forgive. We, again, have forgiven a whole array of different athletes and celebrities.

COLLINS: Right.

STEINBERG: We will forgive and time will heal wounds, but we're a long way away from that happening at this point. COLLINS: Yes, at this point. Really quickly, before we let you go, if Michael Vick called you tomorrow to be his agent and represent him, would you do it?

STEINBERG: If I felt that in his heart he either was innocent or he had done these things and he really had a sincere desire to try to heal and go through rehabilitation, young men need help, and that's what I do.

COLLINS: Leigh Steinberg, a top sports agent in this country.

Appreciate your time here today.

STEINBERG: My pleasure.

COLLINS: Bad-tasting water. A North Carolina family finds wastewater coming out of their kitchen faucet.

We'll tell you about that after the break.

(COMMERCIAL BREAK)

COLLINS: In just a few minutes, there will be a news conference that's going to be held by four senators regarding Attorney General Alberto Gonzales and some of his testimony.

Our Dana Bash is standing by to tell us a little bit more about this.

What are we going to hear coming up in about five minutes or so, Dana?

DANA BASH, CNN CONGRESSIONAL CORRESPONDENT: Hi, Heidi.

Well, right, it's going to be in this very room here in the Capitol, and we're going to hear from Senate Democrats. They are going to say that it is time for the inspector general at the Department of Justice to appoint a special prosecutor. Why? Because they believe that the attorney general lied to them under oath, that he essentially perjured himself a couple of days ago when the attorney general, Alberto Gonzales, testified before their committee.

Now, at issue is a meeting that happened back in March of 2004, Heidi. And the attorney general, during his testimony, he said that that meeting, it was a White House meeting with about eight members of Congress, the so-called "Gang of Eight," those who were focused on intelligence issues here in Congress.

The attorney general said it was -- the focus of that meeting was on "intelligence activities," but the Democrats, many -- some of them who were actually at that meeting, they -- like Senator Jay Rockefeller of West Virginia -- he's essentially accusing the attorney general of lying, because he says that that meeting was about one specific thing. The suggestion is that that meeting was about whether or not to re-approve or reauthorize that secret terrorist surveillance program that was going on at the time. So, the question here, the bottom-line question here, is whether or not the attorney general lied to senators under oath when he appeared before the Senate Judiciary Committee a couple of days ago. Democrats who are going to come into this room in just a few moments, do think that he lied, and they want the attorney -- the Justice Department to appoint -- the solicitor general, I should say, to appoint a special prosecutor to find out whether the attorney general didn't tell them the truth and perjured himself before their committee -- Heidi.

COLLINS: Attorney General Alberto Gonzales standing by, his testimony at this point, yes?

COLLINS: He is standing by his testimony. And that is an important point to make, Heidi.

The Department of Justice's spokesman just this morning is saying that he stands by what he said. And I should also note that at the White House, the spokesman there, Tony Snow, he, on Air Force one with reporters, he was asked about this, and he was careful not to really answer this.

He says that this is about a private testimony about -- about intelligence, essentially, so he can't really talk about it. But he also is making clear that, big picture here, the president is still standing by his attorney general.

COLLINS: All right. We will continue to watch this.

Again, that news conference coming up in just a few minutes from now.

Dana Bash, thanks so much.

BASH: Thank you.

COLLINS: Also continue to watch this. It is not a pretty picture.

The Dow Jones Industrial Average is down about 197 points now, resting at 13,586 or so. This is the lowest we've seen it go today, anyway.

We've be speaking with Susan Lisovicz about possibly why these things are happening, and have already been mentioning the cost of oil, $77 a barrel now, and housing markets not looking all that favorable. So we'll continue to watch those numbers for you and bring in Susan Lisovicz in just a few minutes from now as well.

Today's "Daily Dose," is obesity contagious? A new study suggests your friends could be social carriers.

I talked with it earlier -- talked about it, I should say, with medical correspondent Elizabeth Cohen.

(BEGIN VIDEOTAPE) ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: These researchers say when they looked at large groups of people, that people who were overweight tended to also have overweight friends. And so they wondered why would this be true, and there are a couple theories out there. They're not exactly sure why.

One theory is that if you're overweight, and you have overweight friends, you might tend not to lose weight because you feel like that's kind of the norm. Everybody looks like you.

Another theory is that you hang out with people who like to do what you like to do, so as a friend of mine who is overweight put it, "I like to go out and eat and I don't want to be with skinny people who are going to judge me and eat salads and say no to dessert. I want to hang out with people who are going to do what I do."

COLLINS: Is there any way that you can use this information, though, to your advantage to possibly lose weight?

COHEN: Well, that is the exciting part, is that you can take this information about overweight people tending to have overweight friends and think of it in the flip way. Underweight -- skinny people or fit people tend to have fit friends.

So, if you are overweight and you start to lose weight, your friends might also start to lose weight if obesity really is a socially contagious disease. So, you might think of it as, if you're going to lose weight, it should be done as a group, that you're going to have a better chance of losing weight if you try it with your friends, if you all do it together.

(END VIDEOTAPE)

COLLINS: According to that study, chances of packing on the pounds go up 57 percent if you hang out in well-rounded circles.

To get your "Daily Dose" of health news online, log on to our Web site. You'll find the latest medical news, a health library, and information on diet and fitness.

The address, CNN.com/health.

(COMMERCIAL BREAK)

ANNOUNCER: Live in the CNN NEWSROOM, Heidi Collins.

COLLINS: Word of possible punishment in Pat Tillman's friendly- fire death in Afghanistan. CNN has learned nine officers will be reprimanded and the army secretary will recommend that one, a retired three-star general be demoted. None will face criminal charges.

They are accused of making critical errors in reporting Tillman's death. Although the pentagon apparently knew early on Tillman was killed by his own troops, it was not made public for several weeks. Tillman turned down a lucrative football contract to join the Army after September 11th. A star on the field gets his day in court. Atlanta Falcons quarterback Michael Vick expected to enter a plea on dog fighting charges today. Vick due in federal court in Richmond, Virginia this afternoon for an arraignment and bond hearing. Animal rights protesters promise to be out in force. The grisly allegations of dogs being abused and killed have sparked outrage. The owner of the Falcons spoke out earlier this week.

(BEGIN VIDEO CLIP)

ARTHUR BLANK, ATLANTA FALCONS OWNER: The notion that anyone would participate in dog fighting is incomprehensible to me. However, we do need to remember that we're dealing with allegations at this point. I want to be clear that we're not here today to pass judgment on Michael's guilt or innocence on the indictment, the courts will determine that.

(END VIDEO CLIP)

COLLINS: The Falcons opened their training camp today, but the NFL has barred Vick from camp while the league investigates the charges.

Well, rape case dismissed for lack of interpreter, but we found one.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I will do anything, anything at all that this government asks me to do.

(END VIDEO CLIP)

COLLINS: And the legal outrage doesn't end there. We'll tell you about that in a moment.

Also, we're going to be watching this story. In just a few minutes at those microphones, we will hear from four Democratic senators planning to send a letter to the solicitor general requesting a special prosecutor to investigate attorney general Alberto Gonzales, whether or not he perjured himself during his testimony before the House Judiciary Committee. More on that just minutes away.

(COMMERCIAL BREAK)

COLLINS: Dramatic river rescues in China. Look at this. Police risk their lives to pluck two boys from raging waters. Officials say water levels have risen to critical levels now along vast Chinese rivers. More than 500 people have been killed since the start of the summer floods. Unbelievable.

Rob Marciano joining us now to talk more about the weather picture. Looks like we're still talking about Texas and some flooding there.

(WEATHER REPORT) COLLINS: Let's buy the tickets right now for San Francisco.

ROB MARCIANO, CNN METEOROLOGIST: Sounds good.

COLLINS: Yeah, sounds great! Thank you, Rob.

MARCIANO: All right. See you.

COLLINS: Atlanta police still searching for a child killer. The victim, a nine-year-old girl who was inside her apartment and sitting at a computer. A stray bullet struck her in the head. Police say there was an argument in the parking lot and five or six shots were fired. The girl was apparently an unintended victim.

An outrage story we've been following all week. An accused child rapist walks free when the court cannot find an interpreter. But our Gary Tuchman found one.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN CORRESPONDENT (voice-over): This is the man at the center of the legal story because of a bizarre technicality that is hard to believe.

Mahamo Kane (ph) charged with a horrifying crimes of raping and repeatedly molesting a seven-year-old girl and of molesting a one and a half year-old girl, both relatives of him. But now the charges against the Liberian immigrant have disappeared.

JOHN MCCARTHY, MONTGOMERY COUNTY, MARYLAND PROSECUTOR: We believe that that decision to dismiss these charges was improper.

TUCHMAN: Why were such serious charges dismissed? Because a court clerk was unable to find an interpreter fluent in the rare language known as Vai who could stay through the entire trial. A court ordered psychiatrist told the judge an interpreter was necessary.

MCCARTHY: The bottom line, any delays caused by an attempt to find an appropriate and qualified interpreter is not attributable to the prosecution and legally was the responsibility of the courts and should not serve as the basis for dismissing the charges against the defendant.

TUCHMAN: But Judge Catherine Savage (ph) disagreed saying on the bench, this is one of the most difficult decisions I've had to make in a long time. She cleared the charges because she says the long delay violated Kane's constitutional right to a speedy trial. Keeping them honest, we investigated what went wrong.

An estimated 100,000 people in the world speak the West African tribal language of Vai. The court office in Rockville, Maryland said it worked hard to find someone anywhere in the country who could be with the suspect during the trial. Over two and a half years it couldn't successfully do so. But after researching about two and a half hours -- (on camera): How do you say swimming in Vai?

SYLVANUS CORNEH, VAI SPEAKER: (Unintelligible)

TUCHMAN (voice-over): We found a Vai-speaking immigrant about 15 minutes away from the courthouse who would have served as an interpreter if asked.

CORNEH: I will do anything, anything at all that this government asks me to do. I am their guest.

TUCHMAN (on camera): This story strikes high on the outrage meter. What may be more outrageous involves the question of whether Kane needed an interpreter to begin with. CNN learned he graduated from this Maryland high school back in 2005, one of the best high schools in the state, where most certainly you need to know more than Vai to get by. At Magruder High School, a student is not allowed to get a diploma without passing four years of English.

(voice-over): A source in the school says Kane did not even find it necessary to take the English as a Second Lange course that is offered. And there's more.

UNIDENTIFIED MALE: Right there, number seven.

TUCHMAN: Jeremy Brown currently lives next door to Kane.

How long have you lived here?

UNIDENTIFIED MALE: About a year.

TUCHMAN: We wanted to talk to Kane about this case and his language skills, but nobody was home, at apartment seven, so we asked his neighbor this.

(on camera): Does he speak English?

Yes.

TUCHMAN: Does he speak pretty good English?

UNIDENTIFIED MALE: Yeah.

TUCHMAN: On a scale of one to 10 of English proficiency, what would you say he had?

UNIDENTIFIED MALE: Probably a seven or eight.

TUCHMAN (voice-over): No one from the judge to the court clerk to Kane's public defender would speak to us about the case because prosecutors have filed an appeal. An appellate court would have the authority to make the charges reappear. But if the appeal fails, Mahamo Kane (ph) will not ever go to trial on these charges. Gary Tuchman, CNN, Rockville, Maryland.

(END VIDEOTAPE) COLLINS: Need to tell you about some information just in here to the CNN NEWSROOM. Another car bomb detonated in Baghdad. This happened in a main street of central Baghdad's Karada (ph) district. We are learning at this point anyway, at least 18 people dead and at least 54 wounded. Once again, happening main street of central Baghdad Karada district, all according to Iraq's Interior Ministry. We'll continue to watch this story for you.

And now I want to go directly to the news conference we told you about just minutes ago regarding Alberto Gonzales. Let's listen in for just a moment. Senator Schumer.

SEN. CHARLES SCHUMER, (D) NY: ... investigate potential perjury by the attorney general. Earlier this week, Attorney General Gonzales testified before the Judiciary Committee, and his inability to answer simple ask and straightforward questions was just stunning.

The attorney general took an oath to tell the truth, the whole truth and nothing but the truth. Instead, he tells the half truth, the partial truth and everything but the truth. And he does it not once and not twice, but over and over and over again.

His instinct is not to tell the truth but to dissemble and deceive. Not only that, but this week he contradicted his prior statements. He contradicted the sworn testimony of Jim Comey and he directed a letter written by former director of national intelligence John Negroponte. I asked him back in February 2006 at a judiciary hearing whether there was any dissent over the terrorist surveillance program, TSP. He swore that there was not.

Then in May of this year I asked Jim Comey about dissent about classified programs and told a story that shocked the country. Virtually the entire leadership of the department was prepared to resign in March 2004 and the attorney general swore to us that there was no dissent.

We then pressed the attorney general on Tuesday about the apparent contradiction. He testified under oath that the internal dissent of the Department of Justice was not about the TSP and suggested that the purpose of the emergency meeting with the so-called Gang of Eight on March 10, 2004 was not about the TSP. Both of those statements appear to be false. We know now that the emergency meeting was about the TSP. We know from senators who were there, and we know from a letter from John Negroponte. It's in black and white.

And these are just the latest in a series of troubling misstatements by our chief law enforcement officer. He testified that he hadn't talked to witnesses about the U.S. attorney investigation, but Ms. Goodling testified that she had a conversation with the attorney general that made her uncomfortable.

He also testified in 2005 that there were no abuses of the PATRIOT Act. We have now learned when he made those statements that the attorney general knew about a number of failures to protect rights under the PATRIOT Act. Enough is truly enough. Not for us, not even for the Senate, but for the 90 thousand employees of the Justice Department and for 300 million Americans who need, at the very minimum, an attorney general who can tell the truth.

For months we have seen the Department of Justice unravel like a ball of yarn. And what we have seen has been terribly disturbing. I have not seen anything like it from a witness in the 27 years that I have been in Congress. This Department of Justice is one that puts emphasis on political loyalty rather than upholding the rule of law. This department is one that fires by all accounts some of its most talented employees and then is unable to give an explanation as to why.

And at the helm of this Department of Justice is a man who has potentially misled Congress and the American people time and time again. We simply cannot stand for this any longer. The attorney general is meant to be the chief law enforcement officer of the land. He must be a person of truth and candor and integrity. The record, which grows day by day, is making it clear that the attorney general is not such a person.

Now, obviously, the attorney general cannot investigate himself. That's why the four of us have signed a letter to Paul Clement, the solicitor general and also acting attorney general in matters where Gonzales has recused himself. He asked that he appoint a special counsel, someone of unimpeachable integrity, ability and experience to investigate the attorney general. We ask that that person come from outside the Justice Department so there will be no conflicts of interest, real or apparent.

We have also talked to Senator Leahy, who is in his usual, careful, considerate way, giving the attorney general some extra time for his statements, but he believes our process and what he is doing, giving the attorney general and talking to the inspector general, the two are dovetailing one another and are supporting one another.

We also have the support of Leader Reid in what we are asking for. We had all hoped it wouldn't come to this, but we simply cannot let this abuse of power continue unchecked. Senator Feinstein?

SEN. DIANNE FEINSTEIN, (D) CA: Thank you very much. I'll just put this down.

I gave a lot of thought as to whether I wanted ...

COLLINS: All right. We have been listening to Senator Schumer there, also Feingold, Whitehouse and Feinstein that you see there are holding this news conference. What they're trying to do is with regard to a meeting that was held in 2004 where Attorney General Alberto Gonzales said under oath that this meeting regarded intelligence activities.

Now there's some question of whether or not it may have instead regarded the TSP program, the terrorist surveillance program, or as some people call it, the warrantless wiretapping program. That is at issue here and they have asked for a special counsel to investigate Attorney General Alberto Gonzales on whether or not he may have perjured himself. Very important to point out, Tony Snow, White House press secretary was asked about this earlier and says, "Unfortunately, we cannot get into areas we cannot discuss openly. It's a very complex issue. But the attorney general was speaking consistently and the president supports him." That's a story we'll continue to follow here throughout the day here on CNN.

SUSAN LISOVICZ, CNN CORRESPONDENT: I'm Susan Lisovicz at the New York Stock Exchange where we're seeing one of the worst sell offs of the year. The numbers and the culprits, next. You're watching CNN, the most trusted name in news.

(COMMERCIAL BREAK)

COLLINS: On Wall Street, things have gone from bad to worse, much worse. Susan is at the New York Stock Exchange now to tell us what the heck is going on here.

Hi, Susan?

LISOVICZ: Hi, Heidi. Well, it's kind of like the perfect storm. While you look at the big board and see the damages, consider this, we got bad news, once again, about the housing sector. We have energy prices that continue to climb and we have very real concerns about a possible credit crunch. Shortly after the opening bell this morning we got a dismal report on new home sales. They fell more than six percent last month and prices also fell.

Plus three of the nation's biggest homebuilders posted quarterly losses. They just reported after the closing bell yesterday. Those stocks are down each about five percent. To slow down the losses we're seeing over here, the NYSE actually put in trading curbs this hour because what happened was when all of the stocks listed here at the NYSE, and there are nearly 3,000 of them, when that index dropped more than 190 points, the NYSE put in a trading curb to slow things down. Right now this would be one of the top five worst sell-offs of the year. The Dow, at its low, was down 245 points. Oil, by the way, is about 25 cents off of the all-time closing high.

You put it altogether, and you're seeing a big sell-off, a nasty sell-off, Heidi.

COLLINS: A perfect storm.

LISOVICZ: A perfect storm.

COLLINS: All right, Susan, we'll continue to watch this one, thanks so much.

A star on the field gets his day in court. Falcons quarterback Michael Vick facing dog fighting charges. The latest on today's arraignment.

(COMMERCIAL BREAK) COLLINS: There are people all around us every day who are doing extraordinary things to make our world just a little better. All this year we are bringing you stories of people we are calling CNN heroes. And we're also inviting you to tell us about heroes you may know. Today we introduce you to a former gang member who is working to help others build better futures for themselves after gang life. His name is Luis Ernesto Romero and he is today's CNN hero.

(BEGIN VIDEOTAPE)

LUIS ERNESTO ROMERO, ANTI-GANG CAMPAIGNER: I thought I would die at the age of 20 because somebody was going to shoot me. I was living as a gang member. In El Salvador kids get into gangs because they don't have no other opportunities.

UNIDENTIFIED MALE (through translator): When you're on the street, every moment you live, you live as if it were your last because you never know how that day will end.

ROMERO: Something powerful came up when my daughter was born. So I started checking, like, hey, what am I doing? What am I going to offer to my daughter? Then I find Homies Unidos in 1997. So I started educating myself. Now, you know, I help others.

We teach them how to empower themselves not to smoke weed, not doing violence, not doing what they do. In El Salvador, the kids are much discriminated. If he had tattoos, if he bald headed. But when I started looking for a job, it will give opportunity for him. We teach them how to do things in other ways.

They never thought they were going to have a bakery of their own. Now they have a bakery and they're doing their own business.

UNIDENTIFIED MALE: You think different. I mean, we don't think going doing violence, doing killings. Do other things. Homies is saving a lot of lives.

ROMERO: We come from gangs, now we're part of the solution. So it doesn't matter how much I got to spend, how much time I got to be on it, I need to do it for my kids, and for the other kids of San Salvador.

(END VIDEOTAPE)

COLLINS: If you'd like to nominate your own CNN hero, you can go to our Web site at cnn.com/heroes.

CNN NEWSROOM continues just one hour from now. YOUR WORLD TODAY is next with news happening across the globe and here at home. I'm Heidi Collins, see you back here tomorrow. Have a good day, everybody.

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