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Musharraf Suspends Constitution; Northeast Braces for Noel; Rice Interview; Space Walk

Aired November 03, 2007 - 14:00   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: Hello, everyone. I'm Fredricka Whitfield. A lot happening right now in the NEWSROOM.
State of emergency in Pakistan. President Pervez Musharraf is about the address the world. We'll hear from him live in a moment.

Also strong reaction from U.S. Secretary of State Condoleezza Rice. We'll hear from her in a CNN exclusive interview.

Also this hour, bracing for Noel. The storm is lashing the East Coast right now and we'll go live to Cape Cod for the very latest there.

And the shuttle crew is just wrapping up a dangerous mission and we'll show you the risky repair job in space.

Right now, a crisis unfolding in a troubled nation that is America's most important ally in the war on terror. Pakistan's President Pervez Musharraf is scheduled to address his nation at this hour. We'll bring that to you as it happens.

And just hours ago he declared a state of emergency and suspended the Constitution. When the Pakistani Supreme Court declared that order unconstitutional, he fired the chief justice. Opposition leader Benazir Bhutto was out of the country when the state of emergency was declared. She is a former prime minister. Now she is back in Karachi. Her spokesman has condemned Musharraf's declaration.

And so has the U.S. Secretary of State Condoleezza Rice. She is in Turkey on a diplomatic mission. And CNN State Department correspondent Zain Verjee is traveling with her. She joins us now on the phone from Istanbul. And Zain, you had a chance to talk to Secretary Rice who says, it is time that this country restore order. That direct order going to Pervez Musharraf. What else did she say?

ZAIN VERJEE, CNN CORRESPONDENT (on phone): We spoke to the Secretary of state, Fredricka, Condoleezza Rice just a short while ago. She said the only thing that takes Pakistan off the democratic path and civilian rule is a big problem. Here's how she put it.

(BEGIN VIDEO CLIP)

CONDOLEEZZA RICE, U.S. SECRETARY OF STATE: I understand that there are difficult circumstances in Pakistan. We've been very clear that extra-constitutional means would not be the way to deal with the full circumstances. But again, the situation is just unfolding. I think we should wait for that. But anything that takes Pakistan off the democratic path, off the path of civilian rule is a step backward. And it's highly regrettable.

(END VIDEO CLIP)

VERJEE: (INAUDIBLE) to be restrained, she said, and to regret violence. She added too that she has been in touch with Pervez over the last couple days but she refused to characterize their discussions. She said it is unfolding. We have got to wait for the facts and the U.S. wants to see what the extensiveness is. It will be a difficult time for Pakistan. The focus is on how to move forward. She said she hopes President Musharraf will uphold to promises of elections and made it very clear in the interview that the U.S. does not support this move. So, Fredricka, it is a deeply disturbing moment for the United States.

WHITFIELD: And Zain, because we're talking to you via phone and a lot of that transmission from you was interrupted, let me ask you and hope we are able to hear you clearly, too, as we move forward on this. Pervez Musharraf and the rest of the government has been in the throes, the people there in Pakistan have been in the throes of what has been a very violent past couple of years, particularly within the past year. If General Musharraf says this is the only way in which he can help send a message to restore some sort of order to tighten the grip around that kind of terrorist activity, then what would they expect him to do if not make this kind of move?

Is Secretary Rice responding to anything like that?

VERJEE: It is not clear what exactly Pervez Musharraf's motivation is. The reason officials are saying he did this, is to crack down on the violent that militants have been attacking Pakistani forces and to try to gain a situation where he gains control and the upper hand. But this is also, many analysts say a power grab by Musharraf, because the Supreme Court was supposed to make a decision on whether or not he can stay on as president. Many have said that they could have ruled that he could not be president.

What this move does is to allow him to stay in power. The U.S. has backed Musharraf ever since 9/11, fighting the war on terror, fighting the Taliban, al Qaeda and extremism. They've been frustrated by his lack of effectiveness. The lack of effectiveness of the Pakistani army to crack down and install law and order. So it is unclear exactly, what more he will do to keep a firmer grip on it. But it's clear that he wants to stay in power.

WHITFIELD: Zain Verjee from Istanbul, Turkey traveling with the U.S. Secretary of State Condoleezza Rice, thanks so much for your report.

Meantime, in unison with what Secretary Rice has been saying, the White House has issued this statement. Let me read it to you as you look at live pictures of the White House there. Quoting now, "This action is very disappointing. President Musharraf needs to stand by his pledges to have free and fair elections in January and step down as chief of army staff before retaking the presidential oath of office. All parties involved should move along the democratic path peacefully and quickly." That comment now coming from the White House by way of the NSC spokesperson Gordon Johndro (ph). Meantime, still on the topic of Pakistan's state of emergency and how this might affect the United States, as the U.S. does rely full heartedly on Pakistan as a key ally in the war on terrorism, we're joined now from CNN national security adviser, John McLaughlin. He joins me from Washington and also formerly of the CIA.

So, John, how do you interpret this? If the White House is saying, wait a minute, Musharraf, you need to step down as chief of army, the White House is not saying that we don't want you any longer in power as president of this country.

JOHN MCLAUGHLIN, CNN ANALYST: Well, I think part of the signal that's coming out of the United States is because of the help we've gotten from Musharraf. People in our government would be quite pleased to see him remain in some capacity. He has great influence with the military. He's just appointed all of his top lieutenants to senior positions in the military. So he has that.

And the military is by any measure the strongest institution in Pakistan. Civil society there has progressed slowly since the independence of the country. So the military is the strongest institution. But in the best of circumstances, I think the United States would like to see that combined with the return to civilian rule, but someone like former Prime Minister Bhutto having her hand on the till as well.

WHITFIELD: Do you see that Musharraf's actions are a direct result or response to the recent spate of violence? Violence that was also, I guess, catapulted even further when Benazir made her return after what, over six years of being away, as former prime minister.

MCLAUGHLIN: Very definitely. As Zain Verjee said, we don't know precisely his motives. The fact that the Supreme Court might have ruled against his presidency, the legality of his presidency may be a factor. But in truth, Pakistan has experienced an upsurge of violence that is, I think, unprecedented in its history. Over 800 people have died in violent terrorist attacks since July. And the army is spread very thin now. Fighting on a front that extends from the Northwest Frontier Provinces, all the way to Pakistan's urban areas. Places like Rawapindi and Karachi and so forth.

So Musharraf may be making a mistake here in the sense that he has a lot to control with a military that is stretched very thin, and that is no longer the kind of monolithic force that it once was.

WHITFIELD: All right. And again, no one has heard the exact explanation from Musharraf about what his motivations are. Just simply that he has taken this action declaring a state of emergency right now.

John McLaughlin, thanks so much. We'll have you back. We are expecting to hear directly from General Pervez Musharraf as he addresses the public live. However we know it may be difficult for folks in Pakistan to actually hear his address because he has ordered kind of a media blackout. No television sets, no cell phones, et cetera. But we hope to hear and interpret exactly what his intent is as it happens. We'll take it live.

Meantime in this country, storms from east to west. And south of the border. There are reasons to worry about the weather today. The remnants of Hurricane Noel are moving in on New England and could hit full force any time now, although that looks like a pretty placid picture . It was pretty nasty earlier, however.

And flood warnings and watches are in effect. And there are fears that gusts on islands off Cape Cod could top 90 miles per hour. Maybe not disturbing the seals there either. The wind also is a major concern out west. Southern California where a red flag warning is in effect. The Santa Ana winds are picking up and they could wipe out the gains firefighters have made over the past two weeks.

Crews are still reinforcing fire lines on blazes that are still burning and extra fire engines also on standby.

And then there is this situation along Mexico's Gulf Coast where heavy rain and flood have forced hundreds of thousands to flee their homes. It is already being called one of Mexico's worst natural disasters. There are fears of cholera and other diseases and many of the region's hospitals have been forced to close.

Let's refocus again on New England and the preparations being made for the remnants of Hurricane Noel. Jim Acosta is in Chatham, Massachusetts where it looks like, Jim, the winds have died down. But it still looks very nasty and very uncomfortable.

JIM ACOSTA, CNN CORRESPONDENT: Well, as soon as you said that, Fredricka, I think you jinxed me.

WHITFIELD: Sorry.

ACOSTA: Because the winds picked up again. That's OK. They're expected to do that this afternoon. Right now there are at about gusts of 40 miles per hour. We could see double that before this storm has passed. Look at this tree above me right now. It is buckling quite a bit because of this storm. This is going to continue throughout the afternoon and into the evening. Actually the storm has slowed down a little bit, according to local forecasters. They were expecting the storm to race past Cape Cod and near Chatham around 2:00 this afternoon. And the storm has not passed us yet. It could be later on this evening and into tonight before we see the conditions improve out here.

And as you mentioned hurricane wind gusts could get to about 90 miles per hour. What does that mean? As I pull my cable with me so I don't get unplugged here, it means big problems for the residents in this area. Anybody in a mobile home is being advised to seek shelter in one of the shelters in this area. And also, you can see these commercial fishing vessels right off the shore here are really bouncing around quite a bit. The Coast Guard had to go out and make a sweep of this area over the last 24 hours to make sure that they were able to get all of those fishing vessels back to some comfortable and safe waters.

But as we mentioned, these conditions are expected to worsen over the next five to six hours. As I'm getting tossed around a little bit right now, people in this area have dealt with this kind of stuff in the past. Most of the people we talked to are not too worried about it. They're planning on hunkering down and riding this one out, Fredricka.

WHITFIELD: You're right, Jim. I think I did jinx you. Sorry about that. It does look pretty nasty.

ACOSTA: Yep. I'm blaming it on you, Fredricka.

WHITFIELD: I know. Sorry about that.

All right well, maybe you can get inside soon and have a little cup of, I don't know, chowder or something like that. That's what they do up there. Jacqui Jeras is in the weather center. This is so old hat for the folks of New England. They're like, please, a little wind, a little rain. What else is new?

JACQUI JERAS, CNN METEOROLOGIST: Well, yeah. In a place that's used the Nor'easters this isn't all that uncommon for them. But this isn't the night you want to go out for dinner. You do want to stay in and have that cup of chowder. Because conditions are going to be getting dangerous this afternoon and this evening.

In fact, we think between hours of 3:00 and 9:00, this storm will be at its peak for New England. And those winds could be up there around hurricane strength. So that is going to bring some trees down. That could bring some power lines down. That means hazardous driving, not to mention the driving rains going on.

All right, where is this storm? It is kind of like that Prince thing. You can't really call it. It is not a tropical storm anymore, not a hurricane anymore. It is the storm formerly known as Hurricane Noel. The center of circulation right here, it is about 450 miles away from the here tip of Nova Scotia. You can see those rains continuing to come in and pelt much of the Northeast from say, New York City on northward.

Some of the heaviest showers are not on the coast. They're just a little inland from Hartford on up towards the Boston area. The winds have been kicking up in the last couple hours and we think they'll continue to do so. So this rain could be horizontal at times. The heavy amounts that we're anticipated to be really anywhere between two and four inches, possibly some locally heavier amounts. The farther north you go in the U.S., the heavier the rain will be. We could have some standing water on the roadways.

High wind warnings in the dark orange you see here, wind advisories in the yellow. So an advisory is a little lesser than a warning. So you can see some of the current winds out there. Look at this here in Nantucket, 46 miles per hour. These are sustained winds, by the way. Not the gusts. Those gusts could be 50, 60, even 70 plus miles per hour over the next maybe six plus hours or so. Coastal flooding could be a big problem along with the driving winds. Watch out for trees down and power lines down. This storm is going to be out of here by tomorrow. So look for some colder temperatures but clearer skies.

Fredricka?

WHITFIELD: All right. Bring out the parka and put away the umbrella maybe. Thanks a lot, Jacqui.

Way up above, a very dangerous walk in space. Would you do this? Maybe if you were qualified. How about the question here. Was it a success? As dangerous as it was. That story straight ahead in THE NEWSROOM.

(COMMERCIAL BREAK)

WHITFIELD: We're watching the developments out of Pakistan, a key U.S. ally in the war on terror. This after General Pervez Musharraf, the president there imposed a state of emergency. He has appointed a new chief justice after the Supreme Court there had voted and condemned his recent re-election, saying he needed to step down as army chief.

Musharraf imposed a communications blackout, meaning no television service, as well as no phone service at all. And now apparently, within minutes, he is expected to take to the airwaves. Of course a lot of folks of Pakistan may not be able to hear it. But he is to take to the airwaves to explain his actions. Meantime, the White House, you're seeing a live picture of it, condemning these actions, saying they want a restoration of democracy in that country right away.

We're continuing to follow the developments there out of Pakistan. We'll bring Musharraf's comments live as we're able to. Stay tuned for that.

Meantime, while we're just going about our usual business, at least most of us this weekend, a real drama unfolding right here in space. It happened on the International Space Station. As astronauts fix ad damaged solar panel. Listen as our Miles O'Brien explains how the space walk could have failed had the astronauts been a little shorter.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This is going to be a great ride.

MILES O'BRIEN, CNN CORRESPONDENT (voice-over): And a hazardous one. The space walker Scott Parazynski (ph) rode a 75-foot long cherry picker to the outer edge of the space station to fix a badly torn and snarled solar panel. The closer he got, the worse the mess looked.

UNIDENTIFIED FEMALE: It is ugly. Wow! That's really frayed.

O'BRIEN: The trouble began on Tuesday as the crew unfolded the array, the panels got hung up and snarled in the guide wires. Engineers on the ground and the crew in space worked for three days on a plan to fix the array. UNIDENTIFIED MALE: I think you can see the tip of the tool that we've already started to work on.

O'BRIEN: Because the solar power generation cannot be turned off, they spent a lot of time insulating Parazynski's tools and the metal part of his space suit to guard against an electrical shock.

UNIDENTIFIED MALE: I got the first half in, second half in. (INAUDIBLE) All right.

O'BRIEN: Parazynski installed six jury rigged cuff links designed to prevent any more tearing and carefully cut some cables to remove the snarl. All the while being very careful to avoid touching the solar panels. Parazynski's space walk pushed the envelope, as they say. The extended robot arm could not go any farther at all.

Good thing Parazynski is 6'2" and his nickname, Longbow, for his impressive reach.

UNIDENTIFIED FEMALE" Not too many people in the office can do what you're doing right now, Scott.

UNIDENTIFIED MALE: I hope they don't have to.

O'BRIEN: And in fact, all went well when they unfurled the damage asked now sutured array. And NASA engineers can take this off their list of worries as they plan the next station construction mission now slated for launch in December. Miles O'Brien, CNN, New York.

(END VIDEOTAPE)

WHITFIELD: And this next story, too, is a shocking story but on an entirely different level. Take a look at this picture right here. Do you recognize this little girl? Authorities in Texas need your help. These are police composite sketches of a two, maybe even three year old child police are now calling Baby Grace. The child's body was found in a large plastic container like this one on an uninhabited island near Galveston, Texas. She was wearing shoes just like this. Police are trying to determine her identity.

(BEGIN VIDEO CLIP)

MAJ. RAY TUTTOILMONDO, GALVESTON COUNTY SHERIFF'S DEPARTMENT: We have adopted the name of Baby Grace. There again, it is part of the emotional part of this case for us. She is more to us than just a case number. More to us than just an unidentified body. She is very much a human being. She is someone's child, someone's grandchild. Someone's cousin, someone's best friend.

And to us, that's the most important part about this case. But in looking at this box she was found in, this is not a way for her life.

(END VIDEO CLIP)

WHITFIELD: If you have any information that could help solve this case, please help contact the Galveston County Sheriff's Office at 409-766-2222 or 1-866-248-8477.

And another disturbing story I want to tell you about in West Virginia, Charleston, West Virginia. That's why so many people have turned out about an incident involving a woman, torture, suspects all last September. We'll take you live to that rally to explain why they're there.

(COMMERCIAL BREAK)

WHITFIELD: In Charleston, before West Virginia, dozens of gather in support of a young black woman victimized more than a month ago. The rally is calling for hate awareness. Police say Megan Williams, a black woman, was tortured, raped and health hostage for days by six white people before being rescued but state prosecutors say they would have a tough time proving that qualifies as a hate crime.

Our Kathleen Koch is live at the rally in Charleston. All agree crimes were committed but still being disputed exactly what crimes and how to prosecute them?

KATHLEEN KOCH, CNN CORRESPONDENT: Well, the dispute really is, Fredricka, whether or not her case does qualify as a hate crime. As heinous as it was, state and federal authorities believe that the charges that the six suspects in the case are facing, kidnapping, sexual assault, they carry very serious penalties. Kidnapping, a life sentence. Sexual assault, 35 years. I want to point out that Megan Williams is here at the protest. She joined protestors around noon. She came down the stairs smiling and waving.

But again, her, the six who are charged in the case are facing very stiff penalties. And while many here are calling for these hate crime charges to be brought, who we have with us is a couple of local residents. Because it is important to point out that many attending the rally here are from outside the area and indeed, outside the State of West Virginia. With us we have Addison and Holly Hamilton.

You go to school in West Virginia State University. You live in south Charleston. What is your take on this whole argument about the need for hate crime charges in this case?

UNIDENTIFIED MALE: Well, the biggest thing is not whether it should be hate crimes but rather is justice served regardless of race or creed. As long as justice is carried out for Megan Williams and for everyone who has something horrible like this happen to them.

KOCH: Holly, what are your thoughts about this. I've been hearing a lot on the podium about people again coming in from outside the area who believe this will not be a fair trial. That Williams will not get justice. And that in some way, her perpetrators may get away with this.

UNIDENTIFIED FEMALE: I believe that she will get a fair trial here.

KOCH: The suspects here.

UNIDENTIFIED FEMALE: Yes, I do believe the suspects will have a fair trial here and I do hope they will punish them for what they've done to her. That is extremely wrong regardless of race like Addison was saying but I do believe they will get a fair trial.

KOCH: Thank you both for joining us today. I think it is important to point out that both Holly and Addison were making the point that they believe race is not a serious problem in this county. And that it is difficult to stand here as residents of this county and to hear things said at the podium about their state, about their county by people again who aren't necessarily from the area.

From here now, the marchers are going to be marching to the county courthouse. And also, having a rally to raise money for Megan Williams. Fredricka?

WHITFIELD: All right. Kathleen Koch. Thanks so much from Charleston, West Virginia. And indirectly related to that. Really trying to underscore the disparities of the justice system and how it relates blacks in America, talk radio called for it. How did people respond to it? It is being called a blackout.

Tonight we talk to one of the world's most prominent businessmen. Music and fashion mogul Russell Simmons joins us to discuss the blackout. Did he participate? How effective was and it how does it relate to the minority political clout?

We'll answer those questions and more. Russell Simmons sits down for a conversation in THE NEWSROOM tonight at 10:00 p.m. Eastern.

Pakistan's president declaring a state of emergency. Why is this decision causing such a strong reaction from the U.S. government and beyond? That story is straight ahead.

(COMMERCIAL BREAK)

WHITFIELD: All right. Here's a quick look at what's happening in the NEWSROOM. Pakistan's President General Pervez Musharraf has declared a state of emergency. And suspended his nation's constitution.

When the Supreme Court objected, he removed the chief justice, replacing him with someone else. We are expecting to hear from Pervez Musharraf momentarily. And then just moments ago, the former prime minister, Benazir Bhutto, has just arrived back in Karachi. You see the pictures there of the crush on her arrival. She was out of town at the mentioning of this state of emergency, being put into effect.

And you'll recall she just returned back to the country after six years living out of country, in exile, so to speak, living in Dubai. Upon her return, there was a huge homecoming celebration and then there were explosions that resulted in the deaths of hundreds of people.

And now this state of emergency taking place involving Pervez Musharraf, imposing it. And it is indeed setting up off international alarms now. Sending diplomats into action from this country and other places. And here are some reasons that you need to care about this. For one, Pakistan is a key U.S. ally in the ongoing fight against terrorism. Moments ago, we also heard from U.S. Secretary Rice Condoleezza Rice in this exclusive CNN interview.

(BEGIN VIDEO CLIP)

RICE: Obviously, as we said before, the United States would not support extra constitutional measures and we would hope that whatever happens, that there will be a quick return to a constitutional path and we would urge everyone to be restrained and to avoid violence.

(END VIDEO CLIP)

WHITFIELD: So that's what the U.S. wants. Will Pervez Musharraf deliver? Something tells me he is making a statement, clearly. Josh Levs has been looking into it. The statement being made by Musharraf and why Americans really need to understand, care, know about what is taking place in Pakistan.

JOSH LEVS, CNN CORRESPONDENT: Right, why this hits home. It is fascinating to see Secretary of State Rice talk about this. Because the Bush administration has had to do quite a diplomatic dance about Pakistan forever.

Let's boil it down to the basics. For starters, Pakistan is home base to a lot of al Qaeda. Any time you ever say this is what al Qaeda is like now, the strongest it's been since 9/11, any report we ever do about the state of al Qaeda is especially looking at Pakistan's tribal areas.

After that war in 2001, when the United States led that war, a lot of al Qaeda fled over to Pakistan. They're in those tribal areas. Any instability in Pakistan, anything that happens in Pakistan can have a huge impact on how much power al Qaeda has. How many resources they get.

Fred, what I also want to point out here, is how this is a huge sign about President Bush's foreign policy. When President Bush talks about the world, you always hear two things. One, push the war on terror, and two, spread democracy and freedom. Well, it seems like those would go hand in hand. But sometimes, like here, best example in the world. They don't. In a way, they can be opposite and here's why. Pakistan is a key U.S. ally. It does support the war on terror and fights al Qaeda. At the same time, Musharraf has always done things against democracy.

WHITFIELD: I was going to say, they do things differently. Just because they're in on the war on terror does not necessarily mean that government is operated the same way. Musharraf is saying, wait a minute, this is the way I'm going to do things. What's the big deal?

LEVS: The big deal is that for one thing, he took power through a coup and changed the Constitution on his own. He decided to add all these amendments to the Constitution on his own. He said he would give up power of the military and then he changed his mind after getting -- So on top of that, you have this huge point. And that is that there are nuclear weapons in Pakistan. They are a nuclear nation. So we need to keep in mind, any time you hear about this. Instability in Pakistan, when they are a nuclear nation, with those nukes right there in the country, a huge concern to the region and to America.

WHITFIELD: And the real concern for the U.S., too, bin Laden taking residency, maybe in Pakistan or maybe along the border with Afghanistan. Who knows? That's kind of the big old mystery. The U.S. wants to make sure they have the cooperation with Pakistan as they continue to pursue the most wanted man in the world.

LEVS: They need to get him. And he has, to his credit, Musharraf has arrested a lot of al Qaeda. On the flip side, there are questions about whether he's really done everything it takes to get Osama bin Laden. Because there are questions over whether he really wants to do that. We've had experts on the air. They say you know what? Him handing over bin Laden would be so great for the region. Maybe to some extent he hasn't done that.

He says he has. He's done everything he can to look for him. But yeah, a lot of experts say he is in that border region, quite possibly on the Pakistani side. So again, anything that happens in Pakistan affects al Qaeda, the search for bin Laden and a nuclear state.

So we have every reason to care.

WHITFIELD: All right, meantime, Josh, everyone is trying to guess on what is it that Musharraf is up to from analysts to the White House, et cetera. We all hope to hear from him rather directly. He is to take to the airwaves within minutes and we're going to take that live with some interpretation. Help obviously to find out exactly what he is saying. What he is up to. Even the White House says, we're not quite clear the intent of this state of emergency. Hopefully we'll find out within minutes.

LEVS: And we're going to watch all the interplay between White House and the Pakistani leadership. What is each one saying? How much pressure does the White House toss at him to make changes? How much do they stand back? They still need him to help fight al Qaeda. And that's what is so tricky. Push for democracy but don't get rid of the guy who is helping fight al Qaeda.

WHITFIELD: Right. Josh Levs, thanks so much.

LEVS: Thanks.

WHITFIELD: All right. Also, this, some pretty remarkable pictures of what was once Hurricane Noel. Coming in from our I-Reporters. Take a look.

(BEGIN VIDEO CLIP)

WILLIAM BERNSTEIN, I-REPORTER: You're looking at more beach erosion and you can see -- Whoa! My goodness! I just got (INAUDIBLE)

(END VIDEO CLIP)

WHITFIELD: What do you think? Did he get your attention? That was William Bernstein in Nags Head, North Carolina. Yesterday. This is kind of a taste of what the folks in the Northeast are about to get all day today and later on. This guy right here, William, he does weather shows actually on the Internet. And he actually came to the isle to cover the wind and beach erosion and he says, Highway 12 there was covered with sand when he went there which folks there in Nags Head are pretty used to whenever a hurricane comes ashore. I've covered many there. And that's kind of what happens. That's the expectation. A lot of erosion damage that takes place, too, Jacqui.

But now the focus is on the Northeast. Because this is kind of what they're going to be getting.

JACQUI: Yeah, in fact I think it is going to be a little worse here because it is going to be closer to the shoreline. Those winds are really going to be very incredible. Say, out on the cape today out towards Nantucket. And then it potentially even makes landfall over Nova Scotia overnight tonight, they could be seeing wind gusts beyond 90, maybe 100 miles per hour.

This isn't a tropical system anymore but it really doesn't matter because the maximum winds are at 86 miles per hour with gusts well beyond that. Now here you can see the little swirl on the map. The center of rotation still down here. But notice that that is closing in, getting toward the islands and getting toward the cape. So the next couple of hours will be very critical. And we're going to start to watch those wind speeds really go up. Now is the time that you need to be in place. Where you'll ride out the storm for tonight.

It is not going to be catastrophic but we could see some trees down, some power lines down. You might go out of power tonight. So you don't want to get out on the streets. You want to stay in here for tonight.

You can see all the rainfall coming down, associated with it and really very heavy just to the west of Boston, down through Hartford right now and over toward the Bridgeport area.

Now what are going to be the big impacts? What do you really need to worry about here with what's left of Noel? Well, winds are going to be peaking between 3:00 p.m. and 9:00 p.m. Eastern Time, 60-mile-per- hour gusts possible inland and greater than 70 miles per hour out on the coast. Flooding rains can be expected. One to three inches, possibly some locally heavier amounts. Coastal flooding coming in at two to three feet above normal tide. And that happens around 7:00 tonight. At least over in Boston Harbor, for example. Power outages expected and very bad travel. We're already getting some reports of delays at the airports. Oh yeah. You betcha. You knew it was going to happen. Newark has a ground stop now. JFK has ground delays of over an hour.

Doing OK at LaGuardia right now but if you do have flights in the Northeast today, you're going to want to call ahead. We'll likely see some delays and maybe even some cancellations. Fredricka?

WHITFIELD: All right. Pack the patience if you travel today.

JERAS: And a good book.

WHITFIELD: All right. Thanks a lot, Jacqui.

JERAS: Perhaps you would like to track Tropical Storm Noel or what was once Noel. Or send or view I-Reports.

Just go to cnn.com's hurricane headquarters. The address is cnn.com/hurricane.

And we've got an entire court docket of topics for our legal eagles. Everything from the latest news in the O.J. Simpson robbery case to a 10-year-old arrested for arson. Also, is lethal injection a cruel and unusual punishment? And is it right to let someone protest at a military funeral? We'll drop the gavel straight ahead.

(COMMERCIAL BREAK)

WHITFIELD: All right. A full docket for today's legal briefs. Which we'll get to in a minute. But first, we are keeping an eye on Pervez Musharraf and statements he's about to make, explaining his state of emergency that he has impose there'd in Pakistan. A key U.S. ally in the war on terror. When those comments happen, we'll take them live.

Meantime, on now to our legal briefs. Let's begin with the latest on O.J. Simpson, that is. The FBI now says, it was tipped off about Simpson's plans to retrieve his memorabilia from a Las Vegas dealer. But it says it had no idea when, where or if the crime would be committed. Also, a young boy played with matches and more than 20 California families lose their homes. He says it was an accident. Should it be a crime?

And also, does it matter if a death row inmate feels pain when given the lethal injection? The U.S. Supreme Court will decide if it is cruel and unusual punishment. The Florida Supreme Court already weighed in saying no.

And are military funerals private or public events? This group shows up to mock grieving families with signs like, "Thank God for dead soldiers." It claims protection under the First Amendment.

Avery Friedman is a civil rights attorney and law professor, good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fredricka.

WHITFIELD: And Richard Herman is a New York criminal defense attorney and law professor. Good to see you as well.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.

WHITFIELD: All right, guys. Let's begin with O.J. Simpson, your favorite. Wait a minute. Is it good for the defense?

FRIEDMAN: It is horrible for the defense.

WHITFIELD: Why?

FRIEDMAN: What happened is three weeks ago, three weeks before the crime, Tommy Riccio disclosed this thing was coming up. Never said that they would be using guns or anything like that. It is the basic part of the criminal conspiracy case. They're going to use this evidence. O.J. is getting worse and worse and worse.

WHITFIELD: I don't get it. Richard, it would seem that would bode well for the defense because if they tried to do the right thing, they tried to tell them they were going to do this, doesn't that take away from the whole conspiracy? It is no more a clandestine operation.

HERMAN: My colleague is respectfully wrong. If the facts don't fit, you must acquit. This is a bombshell in this case. O.J. is going to walk in this case ...

FRIEDMAN: Not a chance.

HERMAN: People will go crazy. It takes away all the mental element required for the conviction here. The FBI knew about it three weeks in advance. The Los Angeles Police Department knew about it. Riccio has full immunity. He is looking to cover himself. I'm telling you, Fred, that is the greatest thing that could happen to O.J. He is absolutely going to walk here.

FRIEDMAN: An easy conviction on this.

WHITFIELD: You knew this would be a hairy deal. If it was involving O.J. Simpson, certainly it didn't mean it would be a cut and dry case.

HERMAN: Beyond a reasonable doubt.

FRIEDMAN: Three defendants testifying against him. He's dead.

WHITFIELD: Not cut and dry also is the case of the 10 year old admits to playing with matches, starting these fires. The Buckweed fire ends up destroying 20 homes. So Richard, what does the prosecution do? Right now they said they're not really sure whether to press charges. Should they? Will they?

HERMAN: The prosecution should fold up their tents and move on.

WHITFIELD: Why?

HERMAN: There is not going to be criminal charges brought here. This is a 10-year-old boy. He could not formulate the specific intent required to know the magnitude of burning down half the State of California.

WHITFIELD: Wait a minute. I thought that ignorance was not above the law. There was negligence involved here.

HERMAN: Freddy, he is a child. But he is a child.

WHITFIELD: Avery, should anyone feel sorry for him?

FRIEDMAN: Richard got it partially right. It is difficult for a 10- year-old to formulate right and wrong. The fact is he'll be charged with a delinquency. On the more important issue, is there money on the line, the parents under California law may be somewhat liable for this.

WHITFIELD: That's what I wondered. Civil suits, these families who have lost everything. They say, wait a minute. We're targeting the parents now.

HERMAN: They live in a trailer on a farm. Good luck with that.

WHITFIELD: OK. Lethal injection. Florida Supreme Court says, no, it is not cruel and unusual punish many even though there was a case of what, Angel Diaz? It took more than 40 minutes for the injection to work. The Supreme Court weighed in again. And now other states are reconsidering it, too. So Avery, cruel and unusual punishment? If it takes too long?

FRIEDMAN: The difficulty here is that two of the nine justices said go ahead with the execution. They granted the stay. Ultimately what is going to happen by May of 2008, they're likely to say, it is not cruel and unusual punishment. Mr. Diaz is gone.

WHITFIELD: OK.

HERMAN: By January, the Supreme Court gets the case. Bays v. Reese (ph). That's the quintessential decision on the lethal injection. It's a three drug cocktail. Sedative, paralysis and then heart failure. They're saying ...

WHITFIELD: It is not supposed to be comfortable.

HERMAN: They're staying sedative is not sedating and the heart failure drug is causing extreme pain.

FRIEDMAN: Is it gratuitous risk? And the Supreme Court is going to say no.

HERMAN: I don't know.

WHITFIELD: Florida trying to go forward with a mid-November execution.

HERMAN: It'll be stayed, not going to happen.

WHITFIELD: All right.

FRIEDMAN: I agree. It will be stayed.

WHITFIELD: Let's move on to the funeral protestors. I mean, can you not get any more disrespectful than this? You lose a family member. You're hoping this will be your somber goodbye. This group steps in. A Marine's father wins more than $10 million as a settlement. This group says they're going to appeal.

FRIEDMAN: Right.

WHITFIELD: So Avery ...

FRIEDMAN: The worst possible thing these people could do at a funeral. You know what? The verdict is going to be reversed on appeal under the First Amendment.

WHITFIELD: OK. Richard?

HERMAN: I disagree with that. These fundamentalist nuts do not have the constitutional protection to go to these funerals.

WHITFIELS: Guys, I'm sorry. I have to cut you short. We got them all in. Because now we have to move on some other breaking news. Good to see you guys. Breaking news on General Pervez Musharraf who is explaining his state of emergency imposed earlier today.

Let's hope there's translation.

PERVEZ MUSHARRAF, PAKISTANI PRESIDENT (through translator): Very critical and (INAUDIBLE): And in the phase-off, we get the time and Pakistan also has to receive the time. If, I doubt if that whatever the emergent action has been taken in the name of God, that is dangerous.

If I say anything more that I like to convince, what do I do? What I want to do to take action? That is first for the good of Pakistan. This is my guiding principle. First, Pakistan. The nation, consideration for the nation, Pakistan First.

And this is my intention. And everybody (INAUDIBLE). My brothers and sisters in Pakistan. And Pakistan is going to bring rapid changes. I would like to say to you, frankly.

Firstly, what I say, that the test that we are in now on the test. This moment with all the things going on all over Pakistan, in Karachi, in Rawapindi (ph), all over Pakistan, it is expanding.

Extremists (INAUDIBLE) action and they are starving all over the nation. They are not afraid of the law enforcement agencies. They're very confident. In the Frontier Province, everything is happening and we are facing al those things and tackling that and in all the tribal areas, you all know that. Even in all the places also tackling that. But it is very sad to say, it is over.

But it is sad to say in Islamabad, the heart of Pakistan. The capital of Pakistan. Here, also, they there also the same type of action is going on and people are doing. This kind of action, taking the ball within their own hands. There is a government within a government they are running.

WHITFIELD: All right. Pakistan's President Musharraf taking to the airwaves his state of emergency that he imposed earlier today, suspending the Constitution, replacing the Supreme Court justice, cutting off communication. Including TV and phone service. We're trying to make some sense out of what's being said right now. Our national security analyst John McLaughlin will join us to help interpret what is at stake here. Much more, straight ahead in THE NEWSROOM.

(COMMERCIAL BREAK) WHITFIELD: We're continuing to monitor Pakistan's President Pervez Musharraf taking to the airwaves there explaining why he has imposed a state of emergency. Well, to try to help make sense of all this, we're joined by our national security analyst, John McLaughlin.

John, just quickly in a nut shell, Musharraf said that Pakistan is at a dangerous juncture and that its unity is in danger. That's why he has imposed a state of emergency. What does he mean?

MCLAUGHLIN: I think what he means is that the law enforcement side of Pakistan, particularly the Pakistani military, has never faced more pressures, more widely spread across the country. All coming after him at once. I think that's what he's saying here. That from the Frontier Provinces to the army garrison town of Rawapindi to Karachi, to the battles that he had with the Taliban-like organization at the Red Mosque in Islamabad back in July, he is suggesting a sense that the country can slip into chaos unless martial law is imposed.

WHITFIELD: That's why he says he's suspended the Constitution, replaced the Supreme Court justice, cut off communications like television and even phone service. John McLaughlin, thanks so much. We're up against a tight break right now. We'll see you a little later on in THE NEWSROOM this afternoon. Thanks so much.

Meantime we will have a brief look at the headlines coming up and then CNN PRESENTS.

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