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New Attorney General Decisions; O.J. Simpson Investigation; Jena-6 Court Ruling Reversed in Appeals Court; Warren Jeffs' Trial Continues; 9/11 Questions Regarding A Mysterious Plane Flying Over White House.

Aired September 15, 2007 - 14:00   ET

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


ALINA CHO, CNN ANCHOR: Flames break out aboard this navy ship, igniting an investigation, the very latest straight ahead in the NEWSROOM. Also ...
(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I was crying and I was, like, "Please, I don't want you to do it. It doesn't feel right. Please stop."

(END VIDEO CLIP)

CHO: Forced to marry her cousin when she was just 14 years old and that's just the beginning of some emotional testimony from the trial of polygamist Warren Jeffs; a closer look with our legal experts.

Plus a mystery plane spotted in the skies over the White House. We've got new information on this still unsolved question from 9/11.

From the CNN center in Atlanta, I'm Alina Cho, Fredricka has the day off.

Up first, we have some breaking news. Flames break out aboard this naval ship igniting an investigation. Five civilian workers were injured on this U.S.S. Leyte Gulf at the Norfolk Naval base; however, no indication of terrorism.

CNN affiliate WVEC joins us by phone with the latest. Sula, what is the latest at this moment?

VOICE OF SULA KIM, WVEC REPORTER: Well Alina, I just got off the phone with a spokesperson from BAE systems ship repair, which is where this fire erupted. He tells me the victims, all five of them, have non-life threatening injuries. They are civilian workers from three different companies. Two are from Capital Finishes(ph), two from BAE systems and one from technical. All of them are men and women from locally here from Hampton Roads.

The fire happened in the bathroom area, two decks below the main deck and the U.S.S. Leyte(ph) Gulf was in the system for regular maintenance work. The exact cause, of course, is still under investigation but officials say that the fire was not an equipment malfunction. It was actually related to the finishing work that was being done on the vessel. Now, fire investigators say it was put out within minutes with a fire extinguisher and about 350 government, military and civilian workers were on the ship at the time.

Now, earlier this morning when I went out there, I spoke to some of them. They tell me that the ship rocked and then they saw the hallways fill up with smoke. They knew immediately that they had to evacuate. All of them have been sent home today. Fire officials stressing that this is not a terrorist-related event.

It is an isolated incident and BAE spokesperson John Qualchick says they're working with the navy and, also, the fire department to investigate the exact cause of the fire, but again, he stresses to me it was not an equipment malfunction and the fire did not have anything to do with the vessel itself. It was actually related to the work that was being conducted on the ship.

CHO: That is good new information, Sula Kim, and we certainly appreciate the fact that, and like the fact that at this hour we are able to report that there were five injuries and that they were minor injuries, so we appreciate that.

Sula Kim over at our affiliate in Norfolk, Virginia, we thank you for that.

We have breaking news on CNN right now. Our Chief National Correspondent, John King, has some new information about the president's search for a new attorney general.

So, John, this is a guy I've never heard of before. What can you tell us about him?

VOICE OF JOHN KING, CHIEF NATIONAL CORRESPONDENT: Alina, CNN has learned that a retired federal judge by the name of Michael McCaskey is now among the candidates to be the attorney general; one of our sources describing him as a leading candidate.

You may not know his name, but for 19 years he was the chief judge of the U.S. District Court in the southern district of New York, that is one of the nation's most busiest and high-profile federal courts, while on that court, he presided over several high-profile terrorism cases, the big insurance dispute over the World Trade Center after the 9/11 bombings, several other big cases.

He was a Ronald Reagan appointee to the federal bench almost 20 years ago back in 1988 and so, you would think from that he has good conservative credentials and yet, Michael Mukasey has been praised in the past by liberal senators and also by liberal organizations. Twice he has been mentioned by liberal groups and politicians in letters to George W. Bush saying this could be someone liberals could support as a pick to the United States Supreme Court.

So, we're told he's now a candidate and, again, by one account, a leading candidate to replace Alberto Gonzales as attorney general but conservatives are already worried and nervous as they hear about this prospect because Michael Mukasey has that support, the stamp of approval, if you will, from liberals.

Many conservatives are already a little bit nervous. They want the president, of course, to name a conservative but the president would have to get confirmation in a Democratic-controlled Senate. This will be a huge battle no matter who the president picks and we are told the subject of high-level discussions this weekend and the pick could come very early in the next week, Alina.

CHO: Well, somebody they support more such as Michael Chertoff, a member of the administration, homeland security secretary, his name has been brought up quite frequently, also Ted Olsen, the former solicitor general. What does it say about these two men that I've just mentioned, if we've got now a third name?

KING: Well, certainly, the administration has been looking and it casts a broad net when it does, it looks at more than two or three or four people but you're hitting on the exact dynamic in play. Ted Olson had emerged, and he is a former solicitor general, very well known in conservative circles. He emerged as a leading candidate.

And then some Senate Democrats sent word to the White House, if you send up Ted Olsen, you will have a big fight and some Democrats said there is no way the Senate could confirm him and that got off the back, if you will, of the conservative movement saying, Mr. President, pick a fight, but Mr. Bush has a very difficult choice to make here. He's in office for only 16 more months. The Democrats control the congress. His approval rating is in the 30 percent range in most national polls.

So, the president has to pick his fights carefully at this point and so, does he go for the final 16 months, pick somebody who would be a consensus, this is a gentleman who is in his 60s, born in 1941, well liked by Democrats and Republicans, is that what you want for your essentially a caretaker attorney general, to not get involved in high- profile political fights? Is that what the president wants to do or does he want to pick a conservative firebrand and have a big fight with liberals?

Most of the advice to the president is, play this one safe, get somebody of stature but there are some in the political sides of the equation who say, Mr. President, you've got 16 months left, why not a few more fights?

CHO: Well certainly, in light of what happened with Alberto Gonzales resigning in disgrace, essentially, it will be interesting to see what happens in these next 16 months.

Chief National Correspondent, John King, live on the phone for us. John, thank you very much, we'll check back with you a bit later.

Other news now to report, O.J. Simpson under suspicion again and, once again, proclaiming his sentence. This time, the former football star under investigation in an alleged armed robbery in Las Vegas, here's how the alleged victim described the incident.

(BEGIN VIDEO CLIP)

ALFRED BEARDSLEY: I was directed at gunpoint to pack the items up in the condition they were brought in. (END VIDEO CLIP)

CHO: CNN's Ted Rowlands is there and spoke by phone with O.J. Simpson.

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT: Police in Las Vegas are continuing to investigate what happened here at the Palace Station Hotel and Casino, trying to figure out if O.J. Simpson is telling the truth or his alleged victims are telling the truth. Both sides seem to agree that something happened here, that they were trying to sell O.J. Simpson memorabilia and O.J. surprised the sellers by showing up.

According to Simpson, who we talked to numerous times on the telephone, he found out that some of his personal items were being put up for sale, so he had one of his friends pretend to be a buyer. They went into the room and he says, yes, he raised his voice, yes, he was upset but there were no guns and nobody was hurt. He simply took his items and he left in a matter of minutes.

Now, according to the alleged victims in this case, there was a much different type of scenario that happened in that room. They say that O.J. and his friends barreled in, guns drawn.

Here's a little bit more of what they claim happened inside that hotel room.

BRUCE FROMONG, SPORTS MEMORABILIA DEALER: It was just like a home invasion, they came in quick, they came in fast, and people moved into where they should be. I mean...

ROWLANDS: And O.J. was there.

FROMONG: And O.J. And the last person coming in was O.J. yelling.

ROWLANDS: Simpson completely disagrees with that saying he had no knowledge of any guns involved and says he is cooperating with police. According to a police source, they have interviewed O.J. Simpson at least twice. They're hoping to interview him again with his lawyer in the coming days here. They say it will take two to three days minimum to iron this out. Simpson says he's in town for a wedding and plans to stay in Las Vegas until this has been figured out by police.

Ted Rowlands, CNN, Las Vegas.

(END VIDEOTAPE)

CHO: And, stick around because in a few minutes, our legal experts will tackle the O.J. Simpson case. Stay tuned for "CNN LEGAL BRIEFS" with Avery Friedman and Richard Herman.

A major reversal in a racially charged case that has divided a Louisiana town, a state appeals court throws out the conviction of one of the teenagers in what is known as the Jena-6. The case involving six black students accused of beating a white schoolmate in the town of Jena.

CNN's Keith Oppenheim is there and joins us live. What has the location reaction been to the decision?

KEITH OPPENHEIM, CNN CORRESPONDENT: The reaction has been pretty intense for people who feel that community is getting too much attention to those who feel it's getting needed attention for its racial problems. In the background is the courthouse where Mychal Bell was supposed to be sentenced next Thursday on an aggravated battery charge but that's not going to happen.

Now, that a state court has ruled that because Bell was 16 at the time of a schoolyard beating of a white student, the court is saying he never should have been tried as an adult. Now, keep in mind that Bell and the other Jena-6 students were originally charged with attempted murder, but those charges were reduced to aggravated battery and the appeals court says that's a mistake that you can't bump up a teenager to an adult court on that specific charge.

So, we got some reaction yesterday from Mychal Bell's mom, Melissa Bell, who's concerned about her son in jail.

(BEGIN VIDEO CLIP)

MELISSA BELL, MYCHAL BELL'S MOTHER: It's very difficult. It's more so when I'm getting ready to leave because I've put it in my mind that I'll never turn around and look at him. Because if I turn around and look at him I probably wouldn't be able to leave him in there so I put that in my mind and I never tell him bye. So, I just hug him and tell him I love him and his brother whoever is with me but that's the hardest part of that.

(END VIDEO CLIP)

OPPENHEIM: Some quick background on the racial tensions here at Jena High school. Last year, there was a black student who sat under a tree that was a traditional gathering spot for white students at this school. Next day, there are three nooses that are hanging from that tree. Three white students are suspended.

Later, when six black students attacked a white student, they were originally charged with attempted murder. Most of those charges have been reduced to aggravated battery, but some have been outraged by what is their perception that there's unequal treatment between black and white students here. The district attorney now has two weeks to appeal this case to the Louisiana Supreme Court.

And, Alina, I should point out that on Thursday, there is supposed to be a rally here in Jena led by the Reverend Al Sharpton and others protesting their perceptions of the treatment in this case and we're hearing that the number of people could range from, as few as 5,000 up to 30,000. We really don't know yet. But keep in mind, only 2,900 people live in Jena, so there's a good chance that the number of people coming here could outnumber the population itself. Back to you.

CHO: Well, it certainly is a racially charged case, CNN's Keith Oppenheim live for us in Jena, Louisiana, thank you.

Kate and Gerry McCann are shifting to a new strategy in the search for their missing daughter, Madeleine.

CNN's Emily Chang reports from the McCann's hometown, Rothley, England.

(BEGIN VIDEOTAPE)

EMILY CHANG, CNN CORRESPONDENT: In Glasgow, Scotland, Gerry McCann's brother announces the family is revving up its search for Madeleine with a massive new ad campaign paid for by the "Find Madeleine" fund.

JOHN MCCANN, MADELEINE'S UNCLE: I would just like to remind people again of the fund. It is to leave no stone unturned in the search for Madeleine. Okay? We want to refocus on that main objective. To that end, I've made a proposal to the other directors of the fund and I've had agreement in principle that we are going to announce we will finance a broad range of advertisements to remind everyone that Madeleine is still missing.

CHANG: He said the ads will run in newspapers and on billboards primarily in Portugal and Spain at a cost of up to $160,000. The fund has raised more than $2 million in the four months since Madeleine disappeared.

MCCANN: It is so important to remember, don't you forget about me, lovely Madeleine McCann who is still missing.

CHANG: This announcement comes after days of what seems to be growing speculation in the press. Today, Madeleine is again on the cover of almost all the British tabloids with new reports about how she may have disappeared.

CHANG: None of these headlines have been independently verified by CNN, but they do show interest in this case is only getting stronger, despite the fact that Portuguese police aren't saying much. The McCanns say they won't comment on speculation.

MCCANN: What really worries us is that things started in Portugal with no accreditation to an official source and end up being reported here as if they're the truth. There's so much rumor and speculation as you rightly see, that is just crazy. Why, why are we spending so much energy and time negating rumors and speculation? We're happy to deal with facts. Rumors and speculation help no one.

CHANG: Kate and Gerry McCann say they believe Madeleine is still alive and that they will continue to do everything they can to find her.

Emily Chang, CNN, in Rothley, England. (END VIDEOTAPE)

CHO: A lot more ahead. Stick around for these must-see stories. If it's his and if he took it, it's not a robbery. That's O.J. Simpson's argument. He's back police radar again.

Polygamist Sect Leader, Warren Jeffs, on trial; the prosecution's star witness describing the intimate moments of a forced marriage.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I was crying and I was, like, "Please, I don't want you to do it. It doesn't feel right. Please stop."

(END VIDEO CLIP)

CHO: All the testimony plus our legal experts will weigh in. That's ahead.

And rescued on a surfboard, a lucky dog catches a wave. We're coming back, but first, we catch a break in the NEWSROOM.

(COMMERCIAL BREAK)

CHO: Welcome back. O.J. Simpson tells CNN he just wanted his stuff back. He is under suspicion in an alleged robbery at a Las Vegas hotel. So far, no arrests, police are investigating the suspected theft of sports memorabilia. One of the alleged victims told CNN he saw Simpson at the scene.

(BEGIN VIDEO CLIP)

BRUCE FROMONG, MEMORABILIA SELLER: Up until last night, I considered O.J. Simpson a very good friend. Not just a business associate, but very good friend. If O.J. had of come to me man to man and said, Bruce, I want to talk to you and said, look, this stuff, a certain individual we know took this stuff from me and I would have told him, look, I paid that guy for this stuff, I'll tell you what, let's work something out. You don't have to pay me. Let's work something out, man to man, you know. But come in and bust in on me, pointing guns in my face that was a coward's way out, O.J.

(END VIDEO CLIP)

CHO: The next 48 hours will be critical. Police say Simpson is cooperating with police. Our legal team is taking it on. Law Professor and Civil Rights Attorney, Avery Friedman, is in Cleveland and Criminal Defense Attorney and Law Professor, Richard Herman, joins us from my home in New York.

Hey guys, nice to see you.

AVERY FRIEDMAN, LAW PROFESSOR AND CIVIL RIGHTS ATTORNEY: How are you?

CHO: I'm doing well. Listen, I'm better than O.J. Simpson, it's safe to say.

RICHARD HERMAN, LAW PROFESSOR AND CRIMINAL DEFENSE ATTORNEY: Everybody is.

CHO: We talked about this a moment ago, if it was his and if he took it back, what's the harm into going into this hotel room and taking back what is rightfully is. Avery, was there a crime committed?

FRIEDMAN: You want to know how many crimes were committed, Alina? The amazing thing about this is if there's a dispute concerning property, you got a choice, either you go to the police or you try to take the law into your own hands.

This is so obvious what happened here. There was a dispute. He rounds up some of his pals, he threatens this guy, gets the stuff back, and when the police say, by the way, O.J., where is the property? Guess what he says, "Well, I'm not really sure where it is." The district attorney in Las Vegas County, Alina, is going to be very careful in putting this case together based on what we all know about O.J.

CHO: Now, Richard, I want to ask you this because there's a lot of question about whether there were guns involved in this incident. You know, some of the reports say that members of Simpson's entourage had the guns, not him. But that the guns were drawn but isn't this a big problem for him if it is found that there were, indeed, guns involved?

HERMAN: Alina, this is a huge problem if there are guns involved and, you know, the surveillance cameras in Las Vegas are -- there's more surveillance in Las Vegas than any other city in the country. And they're walking through in elevator and they're going to know exactly everyone that went in those rooms and the halls are going to have cameras and if everybody anybody was flashing a gun walking into that room, O.J. is in big, big trouble.

It's just not going to stay in Vegas, this one. This is going to be big time and I tell you, law enforcement in Clark County is not like those bumbling fools in Los Angeles that blew that other case. Trust me, these are serious, serious people, serious law enforcement and if they bring charges against him on Monday, he's in big trouble, Alina.

CHO: Houston, we have a problem, I think it's safe to say.

Avery, you have said the first witness you would call if this goes to trial is our very own Ted Rowlands. Ted's a great reporter, he does some great digging, but why Ted?

FRIEDMAN: You know what, Ted is doing his job as a journalist and he's done a great job because he actually number one, got to O.J. And, number two, got him to talk.

Now, you know what, if there's one person on the face of the earth that should understand that maybe he doesn't know a lot about the law, he's gone through a criminal trial, gone through a civil trial, why in the world is this man talking to CNN because what he says may and very, may well be used against him in a court of law.

HERMAN: Alina, he says he was doing a sting operation with his buddies, these other thugs. Instead of calling the police or calling a lawyer and saying, my stolen property is in possession of this person, he decided to go with his thugs up to this guy's room here and, you know, the interview with Ted, it was an interesting interview but there was no mention of guns in that interview so that's the big thing in this case.

CHO: To be fair, he's not going to say there were guns used.

HERMAN: He's acknowledged to the world he was up there, he was in the room, he had a discussion and he returned, he retrieved his stolen property. How he retrieved it, that's the issue. If it was stolen or not is irrelevant, the fact that he went up there and he put force, he exerted force and pressure and if he used guns, he's in big trouble.

CHO: All right, guys, got to go. We got to go. We'll be back with you in the next couple of minutes to talk about Warren Jeffs. So, stay tuned.

HERMAN: Another beauty.

CHO: We'll have more fireworks on that.

A polygamist leader on trial, that very story, a frightened young woman on the stand, her forced marriage to her first cousin, that's ahead, and this.

(BEGIN VIDEO CLIP)

JOHN SMEATON, GLASGOW HERO: You know, It really does bewilder me why everybody thinks I've done such a big thing.

(END VIDEO CLIP)

CHO: One minute he's a baggage handler, the next he's a world famous hero. We'll have his story in the NEWSROOM next.

(COMMERCIAL BREAK)

CHO: In June, terrorists rammed a car into the terminal building at the Glasgow Airport in Scotland, the vehicle then burst into flames. And what happened next, turned a baggage handler into a CNN hero. Here's his story in his words.

(BEGIN VIDEOTAPE)

JOHN SMEATON, GLASGOW HERO: Well, I seen a 4 by 4. Well it crashed into the side of the door in the terminal building. And, I'm thinking to myself, well that's a bad accident.

T.J. HOLMES, CNN ANCHOR: We have breaking news. A car on fire has been driven into the Glasgow Airport in Scotland.

UNIDENTIFIED MALE: This is being treated as a terrorist incident. And all I could think of was going to help.

SMEATON: It was just, ah, that couldn't be. It was unfathomable. I was in this area here. And I seen a gentleman coming from the passenger side of the vehicle. And the police officer came from across the road. And the guy just started punching the policeman. And all I could think of doing was going to help. I ran up and I try to kick the guy. And a man, Michael, he did the exact same thing as me.

MICHAEL: I couldn't just stand there so I just went and punched and kicked him. I ended up breaking my leg in the rumble.

SMEATON: He was lying on the ground. I was really worried about an explosion from the vehicle. And I thought we need to get Michael and myself away from the situation.

MICHAEL: I could see the flames in the car and as I'm sitting here, the driver of the car he throws out petrol. And that's when John Smeaton starts pulling me back. John Smeaton saved my life.

SMEATON: This is me here.

UNIDENTIFIED FEMALE: Isn't that?

SMEATON: My life has changed from one extreme to another. I enjoy a quiet, mundane, happy life. This my uniform, this is my T- shirt, my trousers. I am a supervisor in the baggage sortation area. When you check your bag in, I'm on the other end of the conveyor belt.

You know, it really does bewilder me why everybody thinks I've done such a big thing.

UNIDENTIFIED MALE: That was brave of you.

SMEATON: No, not so, not so.

But at that time, I just thought it was my duty. Democracy's all about compromise and getting on with things. You should be brought up to treat people as they come. And if these people think they're going to keep the British people down, then they've got another thing coming.

(END VIDEOTAPE)

CHO: John Smeaton is just one example of an everyday hero, people who's acts of courage change lives and to check out other incredible stories, all you have to do is visit CNN.com/heroes where you also can nominate a hero of your own.

The president and his top general in Iraq are talking about reducing the number of U.S. troops there. We'll get a reality check on pulling troops out just ahead. And six years after the 9/11 attacks, many questions remain. One mystery, why was a plane flying over the White House after the Pentagon bombing? U.S. Airspace was already closed. We'll explore that question in the NEWSROOM ahead.

(COMMERCIAL BREAK)

CHO: Happening now, retired federal judge Michael Mukasey is said to be a leading candidate to replace Alberto Gonzales as attorney general, that word from two sources familiar with the search. Mukasey was appointed to the bench nearly two decades ago. He was chief judge for the southern district of New York.

Five civilian contractors injured in a fire aboard a Navy cruiser in Norfolk, Virginia. Authorities say the blaze aboard the USS Leyte Gulf appears to have been an accident and there are no indications of terrorism.

The war in Iraq, the focus of a day of demonstrations in Washington. Anti-war protesters gathered near the White House this morning for a rally followed by a march to the Capitol and a so-called die-in. Those events sponsored by the Answer Coalition, a group that opposes the war.

Those on the other side of the issue also gathering today in Washington. Two groups that support the war are holding a rally on the National Mall.

Some members of Congress losing patience with Iraq's government. This week's GAO progress report was a tough sell. Earlier, I spoke with it, about it, rather, with Republican Senator Olympia Snowe and Democratic Senator Max Baucus. Both are in Iraq on a fact-finding trip.

(BEGIN VIDEO CLIP)

SEN. MAX BAUCUS, (D) MONTANA: It's clear to me that the Iraqi government has a long way to go to achieve the kind of reconciliation necessary to stand themselves up. And I frankly think it's only proper that the United States Congress give Iraq a good nudge, something to encourage them to move much more quickly.

It's -- I'm impressed with the American presence here on the military level, but I'm not terribly impressed with the Iraqi results thus far. Many are trying, but they've got a long way to go.

SEN. OLYMPIA SNOWE, (R) MAINE: What we're determining during the course of our trip is to discern ways in which we can create incentives for the Iraqi government to implement national reconciliation.

But time is of the essence, and we have a limited window of opportunity to ensure that the Iraqis understand that national reconciliation is the only way they can ensure stability in their own country and most importantly, to sustain the achievements that have been accomplished by our brave men and women in the military. (END VIDEO CLIP)

CHO: President Bush announced today beginning in December, more U.S. troops will begin moving into support roles in Iraq.

Many Democrats say President Bush's plan for bringing some U.S. troops home from Iraq is too little too late. By CNN's calculations, the president plans to withdraw about 21,500 troops by July. That's the count. But is that something we can count on?

CNN's Josh Levs joins us with a Reality Check. So, 5,700 by Christmas?

JOSH LEVS, CNN CORRESPONDENT: Right, that's the idea.

CHO: Another several thousand more by next July. It's all so confusing, so ...

LEVS: It is.

CHO: ...how does it break down?

LEVS: Yes, let's take to it (ph). That is what -- the main idea -- by the way -- welcome to Atlanta, we love having her here. Love having you here.

CHO: Oh, thank you.

LEVS: Everyone's always talking about it days in advance when you're going to come.

CHO: OK.

LEVS: All right, back to the numbers. So, yes, 5,700 by the end of the year. And based on what the president has said, now our Pentagon folks have really crunched the numbers -- they're determining that when you look at the number of brigades that he says he hopes will come home by next year, that's where you get 21,000 total.

But understand, these are expectations and not guarantees, now. The president said General Petraeus and also Ambassador Crocker will speak to Congress again this spring.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: At that time, they will provide a fresh assessment of the situation in Iraq and of the troop levels and resources we need to meet our national security objectives.

(END VIDEO CLIP)

LEVS: OK, so it's out there in the future to decide what will happen and what I want to do now is show you some reporting that we at CNN have done over the years about troop levels based on what military officials were telling us at the time. Here's one for starters from last year. We reported that according to military sources, the U.S. commanding general in Iraq, George Casey, was, "mulling a cut that would gradually reduce, at most, the equivalent of as many as two brigades, an estimated 6,000 to 10,000 troops." So, there you go, last year we were talking about reductions, did not happen.

Let's go even farther, let's go back to 2005. "The military may reduce the number of U.S. troops in Iraq after next week's parliamentary elections, but some of those troops were slated to come home even earlier," so that was 2005.

One more here. I want to bring you all the way back to 2003, the year the war began. Here's a quote. "Pentagon officials say the rotation plan will actually reduce the overall number of U.S. troops in Iraq, from 130,000 to close to 100,000."

And Alina, even at the time, we were saying that it would depend on what happened on the ground, so the key here is to take a look back and realize there have been a lot of times that we have said tens of thousands of troops will come home and it didn't happen.

So, a lot of people hoping it does this time, but it's not a guarantee. We cannot -- it's not concrete.

CHO: Well, the president in his address in the Oval Office on Thursday called it return on success. So of course, that's what the Republicans are saying ...

LEVS: Exactly.

CHO: So, 21,500 troops by July of next year, that still brings us to 137,000 troops total.

LEVS: Yes.

CHO: That's 7,000 more than when the surge began.

LEVS: Yes.

CHO: Now, Republicans won't talk about that but Democrats are pretty quick to point that out.

LEVS: They're pointing that out big time. And it is, when you look at the numbers, it's accurate. Again, all we can do is take what the president has said and try to crunch the figures.

But yes, when you put it all together, it's true. In the end, if that number of people comes home, the 21,000 troops come home, you've still got more than you did before the surge began.

Now, a military officials are saying things could change. President Bush is saying things could change, but based on what he said this week, it's important to understand that even that, what's being called a withdrawal, would still leave us higher than we were at the beginning of the year before what the administration calls a surge.

CHO: CNN's Josh Levs with a Reality Check, and thank you for that nice comment, my parents are going to be very happy.

(LAUGHTER)

LEVS: Oh, I feel embarassed (ph).

CHO: All right, Josh. We'll check back with you later.

LEVS: OK.

CHO: Josh, thank you.

Fourteen-years-old, forced to marry her cousin. The star witness takes the stand in the trial of polygamist sex leader Warren Jeffs. Our legal experts will be here in just a moment to offer their opinions, but first, from St. George, Utah, Mike Watkiss of affiliate KTVK.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: I had quickly taken the dress off and thrown my pajamas on over my clothes.

MIKE WATKISS, KTVK REPORTER (voice-over): While we can't show her face, the most intimate details of her life lay bare at a St. George courthouse. The young woman known only as Jane Doe testifying about her wedding night.

UNIDENTIFIED MALE: Did you sleep that night?

UNIDENTIFIED FEMALE: I didn't. I did everything I could to pretend I was asleep. But I didn't sleep.

WATKISS: That was the first of many nights a girl, who says she knew nothing about sex, would have to share intimate moments with a man who was not only her first cousin, but now her assigned husband.

UNIDENTIFIED FEMALE: He was beginning to touch me on my private parts and under my clothes. He was not shy about feeling those areas.

WATKISS: And all building, she says, to one night.

UNIDENTIFIED FEMALE: I was sitting down, looking at the stars and I felt him get up and I looked over at him and he -- he had his, his genitals exposed to me.

WATKISS: And she says he later tried to undress her, saying, that's what he was supposed to do.

UNIDENTIFIED FEMALE: So, this is what married people did. I was crying and I was, like, please, I don't want you doing it. It doesn't feel right. Please stop, please quit. I can't do this. Just begging him to stop or at least explain to me what he was doing. He said, well, don't you ever want to have babies? And I said, not with you. WATKISS: Despite her protests, she says, within a matter of days, the marriage was consummated.

UNIDENTIFIED FEMALE: I was sobbing and my whole entire body was just shaking because I was so, so scared. I didn't say anything. He just lay me on the bed, and had sex.

(END VIDEOTAPE)

CHO: Let's see what our legal experts say about this case. Avery Friedman, a civil rights attorney and law professor back with us. Richard Herman, a New York criminal defense attorney and law professor as well. He's with us from New York.

OK guys, so, that was pretty gut-wrenching to listen to. I mean, this Jane Doe is 21-years-old now, but it is just awful to listen to what happened to her when she was 14-years-old.

So Richard, is it over for Warren Jeffs?

HERMAN: Oh, Alina, this is far from over. I think this is a flawed prosecution and I would not be surprised if he was acquitted in this case. He is charged with accomplice -- rape as an accomplice here and Alina, it's interesting to note that the cousin, the 19-year- old, he's not charged with rape. He is not charged in this case.

In fact, he's going to be a defense witness. He's going to come in and say he never had non-consensual sex with her. She never complained to anybody that she was raped and interestingly, she brought a civil lawsuit prior to bringing the criminal complaint to the authorities.

I'm telling you, Alina, this is far from over and this -- there is a very good chance Jeffs's going to walk on this one.

CHO: Well, some people might disagree, Richard. Followers certainly call him a prophet.

And you know, Avery, I'm interested to know, Richard mentioned rape by accomplice. Never heard this before. How common is this?

FRIEDMAN: Well, it's a statutory crime in Utah, Alina, but more importantly, I'm not even sure we're looking at the same case. I think the prosecution has, up to this point, put on powerful evidence.

It strikes me that this guy is really nothing more than a statutory pimp. This fellow has been involved in -- essentially controlling young women, teenagers, pre-teens, on the threat that if they don't capitulate to these advances by, in many instances, men 20, 30 years older, that they'll never find salvation. They are damned.

So, the reality is that this is coercion, this is -- he is acting as an accomplice to a rape and, frankly, the best is yet to come. We're going to hear from the so-called lost boys, the young men who saw what was going on, who wanted to protest and when they did, they were banned. CHO: Avery, the best is yet to come. I mean, that was pretty powerful testimony.

FRIEDMAN: Oh, yes.

CHO: You know, Richard, I want to ask you this, Jeffs is not charged with polygamy, but as you well know, members of his sect practice polygamy. They think it takes them higher to heaven. So, I'm wondering, how much of a shadow is the whole polygamy issue going to cast on this trial?

HERMAN: Oh, Alina, it's a huge shadow here. And, you know, I just don't know the stealth jurors that are sitting in this particular case, I'm telling you, he has supporters. He absolutely has people that'll tip their hat to him and probably sing praise and honor to him.

This is, Alina, I'm telling you, this is a flawed prosecution. Don't be surprised if he gets acquitted on this one. There may be better cases down the road.

CHO: But Richard, Richard, that testimony was so emotional. How can you discount that?

HERMAN: You know Alina, it really wasn't that emotional from a defense perspective. Truly, she needs to testify that he exerted pressure on her to have sex with him and I did not hear those words, that did not come out and they're not going to come out.

The cousin is going to say she was never raped. She never complained to anybody that she was raped. I'm telling you, this is a -- you watch, Avery, we'll put another a dinner on this one, I think.

FRIEDMAN: Yes, all right, you bet, Richard, because I think Warren Jeffs is going down in this case. We're only hearing the beginning of the evidence, and I agree with Alina, the fact is this is gut-wrenching testimony. Your thought is that maybe there's a stealth juror in there. Maybe you're right, I don't know, but if the prosecution didn't do the right kind of voir dire, Richard, that's the only chance this guy's got.

HERMAN: The cousin wasn't charged.

CHO: All right, guys, ding ding ding ding, it's over. We got to go.

FRIEDMAN: All right.

HERMAN: Alina, your parents ...

FRIEDMAN: All right.

HERMAN: ...of CNN/Time Warner misses you. Come back to New York, come on.

FRIEDMAN: Yes. CHO: OK, well I'll be back tomorrow night, I think, with any luck if the weather holds up. I had quite a delay coming down.

Avery Friedman, Richard Herman, we thank you for joining us.

FRIEDMAN: Nice to see you.

HERMAN: Have a good day.

CHO: We'll check back with you later, guys.

FRIEDMAN: Take care.

CHO: All right, thanks.

A lingering question from 9/11, a mystery plane in the sky over the White House.

(BEGIN VIDEO CLIP)

KING: It appeared overhead just before 10:00 a.m., a four-engine jet banking slowly in the nation's most off-limits airspace. The White House grounds and the rooftop, a nervous scramble.

(END VIDEO CLIP)

CHO: So, what's going on? CNN's John King has new information on the 9/11 mystery plane. That's straight ahead in the NEWSROOM.

(COMMERCIAL BREAK)

CHO: Welcome back.

It's one of the mysteries of September 11th, why, as the Pentagon was coming under attack, was a white plane seen flying over the White House? To this day, it's never been officially explained.

CNN's Chief National Correspondent John King takes another look.

(BEGIN VIDEOTAPE)

KING (voice-over): Suddenly, an orderly evacuation of the White House turned hectic. In New York, the Twin Towers had collapsed. There was word of an explosion at the Pentagon, and then, secret service warnings of another plane still on course for Washington.

It appeared overhead just before 10:00 a.m., a four-engine jet banking slowly in the nation's most off-limits airspace, the White House grounds and the rooftop, a nervous scramble.

About ten minutes ago, there was a white jet circling overhead. Now, you generally don't see planes in the area over the White House. That is restricted airspace. No reason to believe this jet was there for any nefarious purposes, but the Secret Service was very concerned, pointing up at the jet in the sky. Six years later, these images remain one of the enduring mysteries of 9/11 and the gold mine for conspiracy theorists. Two government sources familiar with the incident tell CNN it was a military aircraft, but say the details are classified.

This comparison of the CNN video and an official Air Force photo suggest the mystery plane is among the military's most sensitive aircraft, an Air Force E-4b. Note the flag on the tail, the stripe around the fuselage, and the tell-tale bubble just behind the 747 cockpit area.

MAJ. GEN. DON SHEPPERD, U.S. AIR FORCE (RET.): There are many commercial versions of the 747, obviously, that look similar, but I don't know any of them that have the communications pod like the E-4, the Air Force E-4 does behind the cockpit.

KING: The E-4b is a state of the art flying command post, built and equipped for one reason, to keep the government running no matter what, even in the event of a nuclear war, the reason it was nicknamed the doomsday plane during the Cold War.

SHEPPERD: They exercise this type of thing all of the time and they simply don't talk about it, so it doesn't surprise me that they -- that they are very closed-mouthed about it.

KING: Ask the Pentagon, and it insists this is not a military aircraft, and there is no mention of it in the official report of the 9/11 commission. Commission co-chairman Lee Hamilton says he has a vague recollection of someone mentioning a mystery plane, but staffers who looked into it never raised it as a relevant issue.

LEE HAMILTON, CO-CHMN., 9/11 COMMISSION: When you're conducting a major investigation, you got thousands of things that come at you. You can't possibly sort through them all. This never rose to the level of a discussion within the commission.

KING: To some, the lack of any official explanation feeds an ominous conspiracy. This is from an online discussion about the plane on the Web site 911blogger.com. "I have always thought that these planes were exactly that: mission control for the 9/11 attack on our country."

9/11 commission co-chairman Hamilton calls such talk ludicrous.

HAMILTON: We, of course, heard the conspiracy theories about the president ordering the attack and the Defense Department was involved. We saw absolutely no evidence of that.

KING: But six years later, the Pentagon, the Secret Service and the FAA all say they, at least for public consumption, have no explanation of the giant plane over the president's house just as the smoke began to rise across the river at the Pentagon.

John King, CNN, Washington.

(END VIDEOTAPE) CHO: She might know how to do the doggy paddle, but she still needed some help from some two-legged friends. We'll have her story coming up in the NEWSROOM.

(COMMERCIAL BREAK)

CHO: This is just a great story. Dog, a man's best friend and this week, guess what, man returned the favor. A surfer rode to the rescue when a big wave swept a dog off a pier and into Lake Michigan. Take a look at these pictures. The surfer actually put the dog on his surfboard and another surfer helped pull them both to safety. Great story.

A dramatic lightning strike captured on camera. This bolt hit a school library in Texas. I-Reporter Christy Nerren caught the scene just as she was picking her son up from school. No reports of any injuries.

Lightning does indeed strike twice, just look at this scene off Taibbi (ph) Island in Georgia. I-Reporter Rick Ebrick (ph) had the quick trigger finger that captured nature in action. That's amazing.

Jacqui Jeras in our weather center watching some stormy weather. You know Jacqui, I was on the tarmac for three hours in New York waiting to come down because there was stormy weather in Atlanta yesterday.

JACQUI JERAS, AMS METEOROLOGIST: Right, yes.

CHO: So, what's going on? Is there more to come?

(WEATHER REPORT)

CHO: Has President Bush picked his next attorney general? We broke the story in this newscast, so who is Michael Mukasey? We'll have that answer next in the NEWSROOM.

Then at the top of the hour, it's CNN's "SPECIAL INVESTIGATIONS UNIT," Anderson Cooper goes to Afghanistan to uncover narco states, the poppy jihad.

And coming up at 4:00 Eastern in the NEWSROOM, a classroom video some parents say well, is sending the wrong message to their kids about non-traditional marriages.

From the CNN Center in Atlanta, I'm Alina Cho. We're back with your headlines in just a moment.

(COMMERCIAL BREAK)

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