Return to Transcripts main page

CNN Newsnight Aaron Brown

Iraqis: U.S. Killed Over 40 at Wedding Celebration; Sivits Admits Guilt; 9/11 Families Shout Down Giuliani During Testimony

Aired May 19, 2004 - 22:00   ET

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

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


AARON BROWN, CNN ANCHOR: Good evening again.
A headline in today's "Washington Post" says a lot about the state of play in Iraq these days. "U.S. faces growing fear of failure," the piece details how even the war's strongest supporters now admit to major miscalculations, not simply about the strength of the insurgency but of the willingness of ordinary Iraqis to put up with an American occupation.

There is a feeling that we've now reached a critical point, the most critical point yet in Iraq that no political leader in that country, who is at all close to the United States, can survive, maybe literally, certainly politically that even the moderates in Iraq, our best hope, will not be singing our praises. They argue that the hearts and minds battle is lost and nothing in today's news is likely to change that.

The whip begins at the Pentagon, Jamie McIntyre with the watch again tonight. Jamie start us off with a headline.

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT: Well, Aaron, a U.S. air strike in western Iraq was supposedly based on actionable intelligence that a nest of foreign fighters was in a location, but among the dead children, and local Iraqis insist that the 40 people killed were part of a wedding celebration.

BROWN: Jamie, thank you. We'll get to you at the top tonight.

On to Baghdad now and the court martial of Specialist Jeremy Sivits, CNN's Harris Whitbeck covered that today, Harris the headline.

HARRIS WHITBECK, CNN CORRESPONDENT: Hello, Aaron. A U.S. soldier admits guilt and apologizes in a U.S. military courtroom in Baghdad, the question here is whether that will be enough to appease a still angry Iraqi public opinion.

BROWN: Harris, thank you.

New York next, and a turbulent day before the 9/11 Commission, Deborah Feyerick covering that again for us Deb the headline.

DEBORAH FEYERICK, CNN CORRESPONDENT: Aaron, some harsh words from grieving 9/11 families as they shout down Rudy Giuliani during the hearings blaming him for the deaths of those they lost.

BROWN: Deb, thanks.

And finally to Gaza where not a day after one horrible incident comes another, CNN's Matthew Chance again reporting the story, Matt the headline.

MATTHEW CHANCE, CNN CORRESPONDENT: Aaron, a day of heavy bloodshed in Gaza. Israeli forces opened fire as Palestinian protesters marched against them through the streets. Unarmed civilians and children are amongst the dead and the injured.

BROWN: Matthew, thank you. We'll get back to you and the rest shortly.

Also coming up on the program tonight, in Massachusetts the governor cannot stop all same-sex marriages. The State Supreme Court made sure of that. But he is trying to stop some of them. We'll give you the details.

We'll also take a look at three Americans still missing in Iraq. We will make sure that they are not forgotten.

And, of course, we will not forget your morning papers coming up at the end tonight, all that and more in the hour ahead.

We begin tonight with the fog of war and perhaps the monster that lives in it. When it lifted dozens of people in a village in the western part of Iraq had died, they say killed by an American air strike, the images beamed around the Arab world.

Tonight the circumstances are hotly disputed, the facts not fully know, save two. A lot of Iraqis died and life for the United States in the Arab world just got a lot tougher.

Here again CNN's Jamie McIntyre.

(BEGIN VIDEOTAPE)

MCINTYRE (voice-over): These Iraqis say the bodies they are burying are victims of a U.S. air strike against a wedding party in western Iraq, a characterization the U.S. is disputing.

This man says a plane came and struck at the wedding and killed the whole family at three o'clock in the morning.

Another man says 26 people were killed from one family and five of the same family are seriously injured. The dead included women and children and numbered more than 40 according to accounts that were not disputed by the U.S. military.

The air strike occurred in a remote desert region about 15 miles from the Syrian border, an area popular with smugglers and under constant surveillance by U.S. troops looking for foreign fighters trying to slip into Iraq.

A statement from the U.S. Central Command says that during "a military operation against a suspected foreign fighter safe house, coalition forces came under hostile fire and close air support was provided." It said coalition forces on the ground recovered numerous weapons, two million Iraqi and Syrian dinar, foreign passports and a SATCOM radio.

With the U.S. image already tarnished by the abuse of Iraqi prisoners at the hands of American soldiers, the top U.S. military spokesman, Brigadier General Mark Kimmitt was quick to appear on Arab television denying the U.S. might have mistaken traditional celebratory gunfire for hostile fire. "I cannot prove it was a wedding and neither can you" he told the Al-Jazeera anchor who asked if it might have been a misunderstanding.

In July of 2002, Afghan officials said 48 civilians were killed at a wedding party in Afghanistan in an air attack the U.S. later ruled was justified because American planes had come under fire.

(END VIDEOTAPE)

MCINTYRE: At this point, the Pentagon is not saying whether there will be a formal investigation but with so many Iraqis already believing the worst about the U.S. military the U.S. will be under some pressure to prove its claim that this was a legitimate military target -- Aaron.

BROWN: How would you even do that after the fact?

MCINTYRE: Well, it's very difficult. In the case in Afghanistan that they mentioned they did an investigation, went back and interviewed people and still concluded that it was a justified strike even though it looked like there might have been a wedding going on there, so it's likely that, a) we'll never find out exactly what happened here and, b) that neither side will agree with the other side's account.

BROWN: And just is there any area of agreement? Do they agree that women and children died in the attack or is that even disputed?

MCINTYRE: Well, the Pentagon has not disputed that and there are pictures of certainly children. I'm not sure I saw women but they do believe there were women among the casualties.

I don't think they're disputing the number of people killed or who they were and, of course, foreign fighters could have children with them. That wouldn't have been the intent of the strike but, you know, at this point the U.S. is going to look into the situation. As I said, it's not clear they're going to have a formal investigation though.

BROWN: Jamie, thank you very much, Jamie McIntyre at the Pentagon.

In a day already difficult enough there was also this. Two more photographs surfaced today. In one, Specialist Charles Graner of the 372nd Military Police Unit is seen smiling and giving a thumbs-up next to a dead body. In the other, Specialist Sabrina Harmon (ph) also of the same unit is seen in a similar pose. The identity of the body in the pictures is not yet known. The photos have not been authenticated. Both of the soldiers in question are among others now facing courts martial.

Today was one of them who took the rap. Today Jeremy Sivits, a specialist in the Army, faced a military court, a court martial in Baghdad. He threw himself at the mercy of the court and the judge in the end he drew less time than those who follow him can expect. He copped a plea.

Here again CNN's Harris Whitbeck.

(BEGIN VIDEOTAPE)

WHITBECK (voice-over): Outside the courtroom a scene reminiscent of other high interest, big ticket trials in the United States, satellite trucks and journalists camped by the building. But this was different. Armored helicopters buzzed overhead. U.S. Army troops continuously marched by.

This was the Baghdad setting for the court martial of Army Specialist Jeremy Sivits and the arraignment of three more soldiers all accused of abusing and humiliating Iraqi detainees at Abu Ghraib Prison.

In his court martial, Sivits broke down twice as he pled guilty describing the brutal beating some of the prisoners received and the acts of sexual humiliation the soldiers photographed.

"It was wrong" he said. "It shouldn't have happened. I apologize to the Iraqi people and to the detainees. I apologize to the court, to the Army, to my unit and to my family."

But contrition wasn't enough. Military prosecutors said: "These acts are horrendous, appalling and simply wrong. They took advantage of others who were vulnerable."

The judge agreed. Sivits was sentenced to a year in prison, a reduction in rank and a bad conduct discharge. Three other soldiers were arraigned on similar charges of abuse. A date was set for a new pretrial hearing.

(END VIDEOTAPE)

WHITBECK: While the trial resulted in prison for one U.S. soldier, the controversy continues. More courts martial are to be scheduled and the expectation here is that more information will emerge on how far up the chain of command responsibility lies -- Aaron.

BROWN: Just a little context here. There are several different kinds of court martials or courts martial. In this case it was essentially I guess what civilians would refer to as almost a misdemeanor court, correct? WHITBECK: That's correct a special court martial which results in less stringent sentencing. Other court martials that are to be scheduled here we believe will be general court martials which are more of a felony type court martial. Those, of course, are meant for stronger offenses -- Aaron.

BROWN: And more serious sentencing, Harris, thank you, Harris Whitbeck in Baghdad this morning.

As Specialist Sivits was pleading guilty, another public display of accountability was underway much, much higher up the chain of command. The Army's top generals in Iraq were in Washington today testifying before a Senate committee about the abuse of Iraqi prisoners.

The focus was on who knew what and when and whether orders from senior officers set the stage for the abuse, reporting tonight CNN's Barbara Starr.

(BEGIN VIDEOTAPE)

BARBARA STARR, CNN PENTAGON CORRESPONDENT (voice-over): Lieutenant General Ricardo Sanchez, commander of U.S. forces in Iraq, said he too holds himself accountable for the abuse of Iraqi prisoners.

LT. GEN. RICARDO SANCHEZ, COMMANDER OF U.S. FORCES IN IRAQ: I accept responsibility for what happened at Abu Ghraib and I accept as a solemn obligation the responsibility to ensure that it does not happen again.

STARR: But questions for General John Abizaid the senior commander.

UNIDENTIFIED MALE: How did it happen so long and so deep and we not know?

GEN. JOHN ABIZAID, COMMANDER, U.S. CENTRAL COMMAND: Well, I think there are failures in people doing their duty. There are failures in systems and we should have known and we should have uncovered it and taken action before it got to the point that it got to.

STARR: Sanchez insisted his order last year for military intelligence to take some responsibility for prison operations did not involve the Pentagon and was not an order to soften up the detainees for interrogation through violence and sexual humiliation.

Major General Geoffrey Miller, the new head of detainee operations, denied his recommendations for using military police to set the conditions for interrogation encouraged coercion of detainees. A report last November from the International Committee of the Red Cross containing abuse allegations was never seen at the highest levels.

ABIZAID: We've got a problem there that's got to be fixed. STARR (on camera): Abizaid warned the violence in Iraq will grow. He said it is now vital to name new Iraqi leaders to take over after June 30 and that it might be April of next year before the Iraqis are ready to provide law and order.

Barbara Starr, CNN, the Pentagon.

(END VIDEOTAPE)

BROWN: When the photograph of the hooded prisoner standing on a box first appeared an intelligence expert had no trouble recognizing it for what it seemed to be.

"That's classic stuff" he said, meaning nothing an enlisted man would cook up on his own or for that matter a practice necessarily limited to Iraq. Whether that's so remains a big unanswered question tonight perhaps though not for much longer.

From Afghanistan here's CNN's Ryan Chilcote.

(BEGIN VIDEOTAPE)

RYAN CHILCOTE, CNN CORRESPONDENT (voice-over): You've heard about prisoner abuse in Iraq. You'll soon hear about Afghanistan.

LT. COL. TUCKER MANSAGER, MILITARY SPOKESMAN: Lieutenant General David Barnow, Combined Forces Command, Afghanistan commander has directed a top to bottom general officer led review and assessment of all coalition detention and holding operations in Afghanistan.

CHILCOTE: We can't show you the U.S. military's detention facilities or its detainees in Afghanistan. The U.S. military says that would be a violation of its media ground rules and the detainees' rights.

But the military spokesman here says that they have about 20 holding centers in Afghanistan. They say each site as part of the review will be visited. The study is to be completed by mid June.

Last week this man Saeed Nobi (ph) an Afghan police officer, told U.S. military investigators and the media he was sexually abused by U.S. soldiers while he was held in eastern Afghanistan last summer. He said he was too ashamed to go public with his allegations until he saw reports of sexual abuse out of Iraq.

Ahmad Zia Langari of the Afghan Independent Human Rights Commission says he was present as Nobi told investigators from the U.S. Army's Criminal Investigation Division that on one occasion he was stripped naked and sexually assaulted.

HAMAD ZIA LANGARI, AFGHAN HUMAN RIGHTS COMMISSION: Two or three soldiers, American soldiers came and also one interpreter and touching his, you know, sexual organs and he said that I didn't understand what they're doing. He was saying that, he was feeling that something is entering into anus, maybe some device or something like that. CHILCOTE: Langari says the man alleges he was also stripped naked and photographed this time at a jail at the Kandahar Air Base. The human rights group also wants to see autopsies of two Afghan detainees who died in the custody of U.S. soldiers in 2002.

(on camera): The U.S. military spokesman here says they are very comfortable with how they handled their detainees in Afghanistan but that there is always room for improvement. This review, they say, is part of that process.

Ryan Chilcote, CNN, Kabul.

(END VIDEOTAPE)

BROWN: On a day so full of repercussions of the war on terrorism, the day that began it all two and a half years ago once again took center stage in New York and so did the man at the center of it at that time and for so many difficult days that would follow.

CNN's Deborah Feyerick now on Mayor Giuliani's morning before the 9/11 Commission.

(BEGIN VIDEOTAPE)

FEYERICK (voice-over): Even if New York City had been warned about attacks on the World Trade Center, Rudy Giuliani says firefighters and police trained and responded exactly as they should have.

RUDY GIULIANI, FMR. NEW YORK CITY MAYOR: If that information had been given to us or more warnings had been given in the summer of 2001, I can't honestly tell you we would have done anything differently.

FEYERICK: The former mayor was repeatedly praised by commission members for his handling of the tragedy but grieving families shouted him down, one mother calling the ex-mayor incompetent. Others criticized the panel for being political insiders and not asking hard questions.

BEVERLY ECKERT, HUSBAND KILLED AT WTC: The fact that they're not going to hold anybody accountable, they keep saying that, continues to frustrate me because it sends the wrong message that it's OK to make a mistake.

FEYERICK: Giuliani said the city received terror warnings almost every day beginning in 1997 but the big concern for emergency responders suicide bombers and a chemical or biological attack.

JERRY HAUER, FMR. DIRECTOR, OFFICE OF EMERGENCY MGT.: Everyone thought we were crazy for preparing for terrorism.

FEYERICK: Commission members continued hammering away at the city's chain of command. They believe coordination problems could have been avoided had there been one person running the whole operation. Giuliani disagreed. GIULIANI: To have another intermediary involved in it trying to direct it means you're going to reduce the level of expertise.

FEYERICK: The city's current mayor argued New York's not failing its citizens, Congress is. New York State gets about $5.50 a person to fight terror, North Dakota $30 a head, and $101 for people in American Samoa.

MAYOR MICHAEL BLOOMBERG, NEW YORK: This is pork barrel politics at its worst. It is the kind of short-sighted me first nonsense that gives Washington a bad name.

FEYERICK: The head of homeland security testifying he's working to fix that.

TOM RIDGE, HOMELAND SECURITY SECRETARY: We would advance the cause of enhancing security a lot faster and it would be a lot stronger if we were able to direct more resources to areas where the potential loss of life is the greatest.

(END VIDEOTAPE)

FEYERICK: Other suggestions from today's hearing, create a nationwide joint terrorism task force, also restrict cell phone use only to the first responders during emergencies. The commission is expected to come out with its report this summer -- Aaron.

BROWN: Was there any sense in there today that yesterday from the commission's point of view had played badly in New York?

FEYERICK: There was and one of the commission members, John Lehman, was really on the defensive about having called the fire department scandalous. He said that the comments were taken out of context that the papers just got it wrong but those were very sharp words and the mayor and other firefighters very upset by it all.

BROWN: Thank you. We'll have more on Mayor Giuliani's session before the commission coming up later in the program.

Also coming up besides the mayor more deaths in Gaza this time criticism of Israel from the White House, stronger than normal criticism, a break first.

From New York this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: The U.N. Security Council today passed a resolution condemning Israel for killing civilians in Gaza calling on Israel to stop bulldozing homes there. The resolution went through because the United States in a departure decided not to use its veto power. The United States abstained instead, a clear sign of American displeasure at Israeli tactics over the last few days, if not longer.

The resolution was delivered just a few hours after a protest in Gaza turned into a bloodbath. As in Iraq, the two sides dispute how and even what happened.

The impact of the pictures, however, cannot be denied, from Gaza tonight CNN's Matthew Chance.

(BEGIN VIDEOTAPE)

CHANCE (voice-over): On the march to Rafa, thousands of Palestinians walking into tragedy. It was a peaceful if angry demonstration against Israel's military. Then came the response. In the skies above a single Israeli helicopter gunship launches flares at first to protect itself then a rocket.

Israeli officials confirm tanks also opened fire near the crowd. From the chaos the dead and injured are carried off to hospitals already inundated in recent days. Among the casualties are unarmed civilians and a number of children only the latest carnage, say Palestinian officials that Israel's army has inflicted upon the people here.

GHASSAN KHATIB, PALESTINIAN LABOR MINISTER: Well, this most recent and most vicious Israeli crime of shelling by missiles a peaceful demonstration is an indicator to the real intentions of the Israeli army, which is simply trying to effect the maximum casualties of the Palestinian people regardless whether they are civilians or otherwise.

CHANCE: From the Israeli government an expression of deep sorrow for the loss of innocent life but officials are insisting the rocket was aimed at open ground and was meant to disperse the crowd not kill them.

RA'ANAN GISSIN, SENIOR SHARON ADVISER: This is a war zone. It's been a war zone for three and a half years and we have to conduct these operations With all the care that we take, sometimes the loss of life is unavoidable here and sometimes they are staged.

We know very well that the area where the incident occurred today was saturated with explosive charges, like in Jenin, placed before the crowd, so we're investigating that possibility as well. Before you jump to conclusion about a massacre or anything allow us to exhaust the investigation. You can rest assured that all the information will be presented.

CHANCE: But there's been a mounting chorus of criticism of Israel and its tough military action in Rafa to destroy what it calls a terrorist infrastructure there. There are renewed calls too for international protection of Palestinian civilians here. The latest killings, say some, underline the pressing need for that.

(END VIDEOTAPE)

CHANCE: Well, Israel has launched a full investigation into what happened here. It says there's a possibility that the casualties were caused not by the helicopter, which it says its rocket was fired into open ground, but by a tank which opened fire on what it thought was an abandoned building but none of this is going to ease the criticism amongst those who believe that at least here in Gaza that today Israel's forces abandoned restraint -- Aaron.

BROWN: Matthew, thank you, Matthew Chance on a very tough nasty day in Gaza.

Today's attack in Gaza follows a major incursion by Israeli troops yesterday in Gaza. At least 20 people were killed, dozens of Palestinian houses were razed during the operation which triggered the demonstration which came under attack today and so the cycle goes.

How to deal with this sort of thing has never been easy for American presidents and President Bush is no exception. For a variety of reasons, the U.S. often seems to be singing from a different hymnal where Israel is concerned.

Here's CNN's Elaine Quijano.

(BEGIN VIDEOTAPE)

ELAINE QUIJANO, CNN CORRESPONDENT (voice-over): At first, President Bush's response to the deaths in Gaza echoed what he'd said before not a condemnation but a call to both sides in the Israeli- Palestinian conflict to stop the violence.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I continue to urge restraint. It is essential that people respect innocent life in order for us to achieve peace.

QUIJANO: But late in the day in its strongest language yet against Israel, the White House sharply criticized recent Israeli military operations in Gaza to destroy Palestinian homes.

In a written statement, officials said the operations have "worsened the humanitarian situation and resulted in confrontations between Israeli forces and Palestinians and have not, we believe, enhanced Israel's security," this from a White House that has always asserted Israel's right to defend itself. The administration wasn't alone in its rebuke. British Prime Minister Tony Blair, one of the president's closest allies, also leveled that same criticism.

TONY BLAIR, BRITISH PRIME MINISTER: We entirely understand the concerns of Israel about acts of terrorism but what happened yesterday was unacceptable and wrong.

QUIJANO: And in a forcefully worded statement of their own, European leaders made clear their disapproval of Wednesday's incident an incident that Palestinians say killed and wounded dozens and one Israelis say is under investigation.

In a written statement, the president of the European Council called Israel's action "completely disproportionate to any threat faced by the Israeli military," adding that "Israeli forces showed a reckless disregard for human life."

(on camera): The violence comes at a sensitive time for the White House as officials try to build support among Arab allies for the Iraq mission. AT the same time, the president remains focused on trying to achieve his two state solution to the Israeli-Palestinian conflict an effort clearly undermined by this latest violence.

Elaine Quijano, CNN, the White House.

(END VIDEOTAPE)

BROWN: Coming up on NEWSNIGHT tonight, Republican infighting spreads on Capitol Hill. Don't they have enough trouble with the Democrats? You might think so. We'll take a break first.

Around the world this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: Well, at the risk of being irreverent, imagine that, we bring up the so-called 11th commandment, thou shalt not speak ill of a fellow Republican. Ronald Reagan used to talk about it a lot. Unlike the other ten, however, this one is not written in stone the proof of which can be seen on Capitol Hill these days.

Here's CNN's Joe Johns.

(BEGIN VIDEOTAPE)

JOE JOHNS, CNN CAPITOL HILL CORRESPONDENT (voice-over): Another day of GOP vs. GOP. The top Republican in the House took an unusually harsh swipe at Senator John McCain for arguing against cutting taxes during wartime.

QUESTION: Anyway, his observation was never before when we've been at war have we been worrying about cutting taxes. And his question was, where's the sacrifice? We have the war in Iraq and we all

(CROSSTALK)

REP. DENNIS HASTERT (R-IL), SPEAKER OF THE HOUSE: If you want to see the sacrifice, John McCain ought to visit our young men and women at Walter Reed and Bethesda. There's a sacrifice in this country.

JOHNS: McCain fired back in a written statement: "I fondly remember a time when real Republicans stood for fiscal responsibility. Apparently, those days are long gone for some in our party."

But most of the Republican sniping this week is over whether Senator John Warner should keep holding high-profile public hearings on the Iraqi prisoner abuse scandal.

SEN. JOHN WARNER (R), VIRGINIA: This is an open process. And we're going to show the world how we fairly, firmly and calmly deal with this situation.

JOHNS: But some Republicans disagree, saying the generals need to be fighting the war instead of answering questions before Congress. SEN. JAMES INHOFE (R), OKLAHOMA: And, quite frankly, I'm sorry that you guys are here. I would rather be handling this in some way where we could get your statement, get it in the record and have that done, because you have an awesome responsibility.

JOHNS: And in the House, the Republican chairman of the Armed Services Committee, who has accused his Senate counterparts of being mesmerized by the TV cameras, pointedly turned down an offer by General Ricardo Sanchez to testify. Congressman Duncan Hunter told Sanchez in a letter: "Go back to Iraq. Please return to the troops as soon as possible. They need you there. We need you there."

(on camera): Part of the frustration among Republicans is that the war in Iraq is drowning out the congressional agenda. And in an election year, there is fear foreign policy will matter more in the race for the White House than in campaigns for House and Senate.

Joe Johns, CNN, Capitol Hill.

(END VIDEOTAPE)

BROWN: For all the rhetoric, these are serious issues being debated by serious people, mostly in a serious way. Kay Bailey Hutchison is the senior Republican senator from the state of Texas. And we spoke with her earlier today.

(BEGIN VIDEOTAPE)

BROWN: Senator, do you think there is a legitimate difference of opinion on how much time the Congress is spending on the prison abuse issue and whether or not it is detracting overall from the effort in Iraq?

SEN. KAY BAILEY HUTCHISON (R), TEXAS: I think it is a legitimate inquiry, as there is a legitimate difference. I am very pleased that we have had public hearings.

I think more than anything we can do to protect our troops in the field, we need to show that this is not American policy, that there was a violation of our policies, and that we are going to find out exactly what happened and do something about it.

BROWN: The prisoner images I suspect today are going to be replaced by these images of this terrible incident where perhaps as many as 40 people died in western Iraq in what appears now to be an accident. I wonder if on balance you think we can ever actually win the hearts and minds issue, or if perhaps we just have to accept the fact that they're never going to like us?

HUTCHISON: Aaron, we have to continue to try to show American values. And we have had a really hard run for the last two weeks. We've had some hard luck for the last six months.

But we cannot give up. We must show the world that we would never do something like this on purpose, that it is an accident, and that we will do everything we can to assure that things like this won't happen and make it up to people if we possibly can. We can never give up trying to show American values in the very best light.

BROWN: Senator, it's always good to talk to you. Thanks for your time today.

HUTCHISON: Thank you, Aaron.

BROWN: Thank you.

(END VIDEOTAPE)

BROWN: As we said, we talked to the senator earlier this afternoon.

Still to come on NEWSNIGHT, the battle lines over same sex marriage in Massachusetts redrawn. And this battle is not over.

This is NEWSNIGHT on CNN.

(COMMERCIAL BREAK)

BROWN: Two days ago, Massachusetts became a pioneer in the gay marriage debate when it began allowing the first state-sanctioned same sex nuptials in the country. Now a new legal front may be emerging in that battle. The focus has shifted to nonresidents, whether nonresidents will be allowed to marry in the only state where they can.

Here's CNN's Adaora Udoji.

(BEGIN VIDEOTAPE)

ADAORA UDOJI, CNN CORRESPONDENT (voice-over): For these two gay couples, it was a race from New York to a Massachusetts altar.

EDWARD DEBONIS, GAY MARRIAGE ADVOCATE: We've been watching the news on the Internet every minute and hearing what Governor Romney has been saying and his people have been saying. And it was clear to me that he was going to do whatever he could to stop out-of-staters from being married.

UDOJI: These couples may have reason to fear. Though four cities and towns have issued roughly 80 licenses to out-of-state couples, Governor Mitt Romney, a gay marriage opponent, says they're illegal and has demanded to review the records.

(on camera): The governor's office says a 1913 law prohibits the marriage of out-of-state couples who don't plan to live in the state. The law was originally meant to prevent interracial couples from flocking to Massachusetts because they could not legally marry in their home states.

LT. GOV. KERRY HEALY, MASSACHUSETTS: We intend to enforce the law as it stands. And, at this point, all we've done is request information from four clerks about the marriages that they have performed. UDOJI (voice-over): Massachusetts is the only state that now permits same sex marriages. Although a few states are considering recognizing them, only New York has explicitly said it will. Lesbian and gay rights advocates say the governor is playing politics. The law has never been tested.

KEVIN CA: They're inviting I think a great deal of litigation, including challenges to that 1913 statute, which has never been challenged before and which many people believe would be held unconstitutional.

UDOJI: Which could take weeks or months or years, plenty of time for this.

Adaora Udoji, CNN, New York.

(END VIDEOTAPE)

BROWN: Now, late today, the state Senate in Massachusetts voted overwhelmingly to repeal the 1913 statute on out-of-state marriages. That proposal must now pass the House. And if it does it would seem it is likely to be vetoed by the governor. And on it goes.

Ahead on NEWSNIGHT, Rudy Giuliani. The guy who took charge on 9/11 in New York City reminds us what it was like in his own words.

(COMMERCIAL BREAK)

BROWN: Of other sorrows now.

Former New York mayor Rudy Giuliani did not face an easy crowd today when he took his turn before the 9/11 Commission. Many of the families of the victims who were there were looking to blame, and they did. The mayor kept his composure. Before the questioning began, he described what they day had been like for him.

(BEGIN VIDEO CLIP)

RUDOLPH GIULIANI (R), FORMER MAYOR OF NEW YORK: As I walked out into the street and as I walked out into the street, Denny and I looked up in the sky. And what we saw was a beautiful clear day, about as clear as we had had in a long time, and came to the immediate conclusion that it could not have been an accident.

We passed St. Vincent's Hospital. And I looked outside and I saw outside many, many doctors and nurses and stretchers. And it registered in my mind that we were looking at a war zone, not a normal emergency.

As we got very, very close to the World Trade Center, one of my police officers said to me, and all of us, keep looking up, keep looking up. Because things were falling down around us. And I imagined that was for our own safety. But when I looked up at that point, I realized that I saw a man -- it wasn't debris -- that I saw a man hurling himself out of the 102nd, 103rd, 104th floor. And I stopped, probably for two seconds, but it seems like a minute or two. And I was in shock.

I said -- I said to the police commissioner, we are in unchartered territory. We have never gone through anything like this before. And we are just going to have to do the best we can to keep everybody together.

The reason you have that difference between the 12,000 to 15,000 originally estimated and the less than 3,000 that actually took place is the way in which a combination of the rescue workers and the civilians themselves conducted this evacuation, not flawless, not without mistakes and not with some terrible tragedies attached to it.

But overall maybe 8,000 people more, maybe 9,000 people more than anyone could rightfully expect evacuated from that building because firefighters were walking upstairs while civilians were walking downstairs.

When you evaluate the performance of the firefighters and the police officers, we got a story of heroism and we got a story of pride and we got a story of support that helped get us through.

If more warnings had been given in the summer of 2001, I can't honestly tell you we would have done anything differently.

When you go back over a report and you know the end of the story, which is a horrible one, but you know the end of the story, the reports that are relevant become much more obvious.

Catastrophic emergencies and attacks have acts of great heroism attached to them. They have acts of ingenious creativity attached to them. And they have mistakes that happen. Hopefully, this commission will assess that correctly with compassion and with understanding and then the next one will be done a little bit better. But the next one, unfortunately, is probably going to be a mix of exactly those same things, acts of great heroism, many, many creative and brilliant things done, and some terrible mistakes that were made, because when human beings are put under this condition, that's what happens.

So our anger should clearly be directed and the blame should clearly be directed at one source and one source alone, the terrorists who killed our loved ones.

For each other...

(APPLAUSE)

GIULIANI: For each other, there really should be compassion, understanding and support, because we're all suffering.

(END VIDEOTAPE)

BROWN: Former Mayor Rudy Giuliani today. As I was listening to this earlier, I realize that 2 1/2 years later, it's impossible to walk by a firehouse in this city and not think of that day and not think with incredible gratitude of the work that all of those firefighters did, police officers as well. Still ahead on NEWSNIGHT, a look at the holes left in people's lives when loved ones are missing. Missing in Iraq.

A break first. This is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: For weeks now, the news from Iraq has been unrelenting. With so many moving pieces, the stories whose endings have yet to be written often get lost.

Three Americans are still missing tonight in Iraq. They were traveling together in a fuel convoy which insurgents attacked in early April. Seven Halliburton employees and two American soldiers died in that attack. For the families of the missing, an excruciating waiting game continues.

(BEGIN VIDEOTAPE)

BROWN (voice-over): They are last month's story, it seems. They disappeared on the 9th of April, forgotten by too many by mid-May. But families don't forget. They hope.

UNIDENTIFIED FEMALE: We remain very optimistic that we will hear word on Matt's status soon.

BROWN: Private 1st Class Keith Matthew Maupin is a child of Batavia, Ohio, outside Cincinnati. And they haven't forgotten and they haven't stopped hoping. They hold prayer vigils and string yellow ribbons and remind those who ask of their missing friend, shy, studious, like many kids who join the Army in hopes of getting a college education some day. That's the Matt Maupin they know. This is the one you know.

PRIVATE 1ST CLASS KEITH MATTHEW MAUPIN, U.S. ARMY: My name is Keith Matthew Maupin.

BROWN: That was mid-April. He hasn't been heard from since. And there's been no news at all on the whereabouts of William Bradley and Timothy Bell, both fuel truck drivers for KBR, a subsidiary of Halliburton, civilians in a war zone.

UNIDENTIFIED FEMALE: The Army tells you, well, they can't tell you anything because he's a civilian. OK. So, OK, did you stop looking because he's a civilian?

BROWN: William Bradley and his girlfriend, Wilma Procter, live in Chesterfield, New Hampshire. They spent much of their time together as long distance truck drivers. Now Procter drives a motorcycle with a teddy bear that Bradley gave her strapped to the back. Her cell phone message is a message for him just in case he calls.

WILMA PROCTER, BRADLEY'S GIRLFRIEND: I love you. Come home. Simple. It's on my answering machine. That's all I have to say. I love him and I want him to come home. BROWN: Timothy Bell's friends and family marked his 45th birthday without him. It was in April. He was supposed to be home by now. Home is Mobile, Alabama, where his fiancee and two children live.

WILLIAM DUTCH, FRIEND OF BELL: All of our hearts and prayers are with Tim and his family. And we pray that he do come home safely.

BROWN: So far only one person in the convoy on that deadly day has come home safely. Thomas Hamill was captured, but managed to escape. The military and Halliburton have little to say and no information to give about the search for others, only that it goes on. And so their families wait and hope for news, wait and hope, as they have for 40 days.

(END VIDEOTAPE)

BROWN: If you need something to think about tonight, think about them. They could use it.

Still ahead on NEWSNIGHT, morning papers.

(COMMERCIAL BREAK)

(ROOSTER CROWING)

BROWN: Okeydokey, time to check morning papers from around the country and the world, a nice mix tonight of local stories, international stories, big city papers, small town papers.

Start with "The Christian Science Monitor." "Court-Martial Meets Skepticism in Iraq. Specialist Jeremy" -- I took my glasses off there and it came out wrong -- "Specialist Jeremy Sivits Was Sentenced Today to One Year in Prison and Discharged From the Army. Military Denies a Pattern." Those are the leads in "The Christian Science Monitor."

"The Philadelphia Inquirer," of Philadelphia, Pennsylvania. Where else? Well, it could be Philadelphia, Mississippi, couldn't it? But it's not. "Airstrike Kills 40. U.S. Disputes Target." Also, "Ten Killed in Attack on Gaza Protest." But this I think is the smart story they put in between the two. "U.S. and Israeli Attacks on Same Day Only Boost Muslim View That This is a War Against Islam." Pretty good stuff on the front page of "The Philadelphia Inquirer."

"The Chattanooga Times Free Press." I think we talked about this last week or the week before, that the blue laws there were ending. "Sunday Morning Openings. Chattanooga Retailers Await Post Blue Law Era." I think I said at the time I thought that was over. Down here," Kerry Does Not Ask Nader to Bow Out of the Campaign." However he does wish he would a lot. Anyway, we did some reporting on that, that there is a group trying to get Mr. Nader out of the campaign, but it's not the Kerry campaign.

"The Platteville Journal" of Platteville, Wisconsin, leads a local crime story. "Tallard (ph) Pleads Not Guilty By Disease or Defect." That is a murder case there. But over here is the story you'll all read when you get your "Platteville Journal" tomorrow." "Barb Splinter Named 2004 Mother of the Year." Bless her in Platteville, Wisconsin.

"The Review Journal" is the newspaper in -- come on, Aaron -- Franklin, Tennessee. Thank you. "Budget Committee OKs Little Changes in School Budgets," local stories there. This is a crime story. "Weigh Down Crackdown. Faith Based Weight Loss Headquarters Raided For Possible Role in Boy's Death." Yikes. Anyway, that's the lead story in tomorrow's "Review Appeal" of Franklin, Tennessee.

"The Grant County Herald Independent," that's in Wisconsin, Grant County, Wisconsin. Down in the corner, it's the prom queens. "Britney Leebfreed (ph)" -- I can't see this without my glasses -- I'm sorry, you guys -- and "King Lyle Leebfreed (ph)." I don't if they're brother and sister or husband and wife, what the deal with. Anyway, they're prom king and queen.

"The Chicago Sun-Times." "Tearful Soldier: I Have Let Everybody Down" is the headline. And the weather tomorrow is "hootenanny" in Chicago, which is often, coincidentally, the mood on "AMERICAN MORNING."

And here's Bill Hemmer with a look ahead.

(BEGIN VIDEO CLIP)

BILL HEMMER, CNN ANCHOR: Aaron thanks.

Tomorrow on "AMERICAN MORNING," the University of Colorado called on the carpet in a scathing report on recruiting violations, sex, alcohol, wild parties. Tomorrow, the head of the commission who wrote that report tells us how bad things were, what's been done to fix them and who is to blame, tomorrow morning, 7:00 a.m. Eastern time. Hope to see you then -- Aaron.

(END VIDEO CLIP)

BROWN: Bill, thank you.

And thank you all for joining us. "LOU DOBBS TONIGHT" is coming up next for most of you. We're back here tomorrow, 10:00 Eastern time. We trust you will be, too.

Until then, good night for all of us at NEWSNIGHT.

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


Aired May 19, 2004 - 22:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
AARON BROWN, CNN ANCHOR: Good evening again.
A headline in today's "Washington Post" says a lot about the state of play in Iraq these days. "U.S. faces growing fear of failure," the piece details how even the war's strongest supporters now admit to major miscalculations, not simply about the strength of the insurgency but of the willingness of ordinary Iraqis to put up with an American occupation.

There is a feeling that we've now reached a critical point, the most critical point yet in Iraq that no political leader in that country, who is at all close to the United States, can survive, maybe literally, certainly politically that even the moderates in Iraq, our best hope, will not be singing our praises. They argue that the hearts and minds battle is lost and nothing in today's news is likely to change that.

The whip begins at the Pentagon, Jamie McIntyre with the watch again tonight. Jamie start us off with a headline.

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT: Well, Aaron, a U.S. air strike in western Iraq was supposedly based on actionable intelligence that a nest of foreign fighters was in a location, but among the dead children, and local Iraqis insist that the 40 people killed were part of a wedding celebration.

BROWN: Jamie, thank you. We'll get to you at the top tonight.

On to Baghdad now and the court martial of Specialist Jeremy Sivits, CNN's Harris Whitbeck covered that today, Harris the headline.

HARRIS WHITBECK, CNN CORRESPONDENT: Hello, Aaron. A U.S. soldier admits guilt and apologizes in a U.S. military courtroom in Baghdad, the question here is whether that will be enough to appease a still angry Iraqi public opinion.

BROWN: Harris, thank you.

New York next, and a turbulent day before the 9/11 Commission, Deborah Feyerick covering that again for us Deb the headline.

DEBORAH FEYERICK, CNN CORRESPONDENT: Aaron, some harsh words from grieving 9/11 families as they shout down Rudy Giuliani during the hearings blaming him for the deaths of those they lost.

BROWN: Deb, thanks.

And finally to Gaza where not a day after one horrible incident comes another, CNN's Matthew Chance again reporting the story, Matt the headline.

MATTHEW CHANCE, CNN CORRESPONDENT: Aaron, a day of heavy bloodshed in Gaza. Israeli forces opened fire as Palestinian protesters marched against them through the streets. Unarmed civilians and children are amongst the dead and the injured.

BROWN: Matthew, thank you. We'll get back to you and the rest shortly.

Also coming up on the program tonight, in Massachusetts the governor cannot stop all same-sex marriages. The State Supreme Court made sure of that. But he is trying to stop some of them. We'll give you the details.

We'll also take a look at three Americans still missing in Iraq. We will make sure that they are not forgotten.

And, of course, we will not forget your morning papers coming up at the end tonight, all that and more in the hour ahead.

We begin tonight with the fog of war and perhaps the monster that lives in it. When it lifted dozens of people in a village in the western part of Iraq had died, they say killed by an American air strike, the images beamed around the Arab world.

Tonight the circumstances are hotly disputed, the facts not fully know, save two. A lot of Iraqis died and life for the United States in the Arab world just got a lot tougher.

Here again CNN's Jamie McIntyre.

(BEGIN VIDEOTAPE)

MCINTYRE (voice-over): These Iraqis say the bodies they are burying are victims of a U.S. air strike against a wedding party in western Iraq, a characterization the U.S. is disputing.

This man says a plane came and struck at the wedding and killed the whole family at three o'clock in the morning.

Another man says 26 people were killed from one family and five of the same family are seriously injured. The dead included women and children and numbered more than 40 according to accounts that were not disputed by the U.S. military.

The air strike occurred in a remote desert region about 15 miles from the Syrian border, an area popular with smugglers and under constant surveillance by U.S. troops looking for foreign fighters trying to slip into Iraq.

A statement from the U.S. Central Command says that during "a military operation against a suspected foreign fighter safe house, coalition forces came under hostile fire and close air support was provided." It said coalition forces on the ground recovered numerous weapons, two million Iraqi and Syrian dinar, foreign passports and a SATCOM radio.

With the U.S. image already tarnished by the abuse of Iraqi prisoners at the hands of American soldiers, the top U.S. military spokesman, Brigadier General Mark Kimmitt was quick to appear on Arab television denying the U.S. might have mistaken traditional celebratory gunfire for hostile fire. "I cannot prove it was a wedding and neither can you" he told the Al-Jazeera anchor who asked if it might have been a misunderstanding.

In July of 2002, Afghan officials said 48 civilians were killed at a wedding party in Afghanistan in an air attack the U.S. later ruled was justified because American planes had come under fire.

(END VIDEOTAPE)

MCINTYRE: At this point, the Pentagon is not saying whether there will be a formal investigation but with so many Iraqis already believing the worst about the U.S. military the U.S. will be under some pressure to prove its claim that this was a legitimate military target -- Aaron.

BROWN: How would you even do that after the fact?

MCINTYRE: Well, it's very difficult. In the case in Afghanistan that they mentioned they did an investigation, went back and interviewed people and still concluded that it was a justified strike even though it looked like there might have been a wedding going on there, so it's likely that, a) we'll never find out exactly what happened here and, b) that neither side will agree with the other side's account.

BROWN: And just is there any area of agreement? Do they agree that women and children died in the attack or is that even disputed?

MCINTYRE: Well, the Pentagon has not disputed that and there are pictures of certainly children. I'm not sure I saw women but they do believe there were women among the casualties.

I don't think they're disputing the number of people killed or who they were and, of course, foreign fighters could have children with them. That wouldn't have been the intent of the strike but, you know, at this point the U.S. is going to look into the situation. As I said, it's not clear they're going to have a formal investigation though.

BROWN: Jamie, thank you very much, Jamie McIntyre at the Pentagon.

In a day already difficult enough there was also this. Two more photographs surfaced today. In one, Specialist Charles Graner of the 372nd Military Police Unit is seen smiling and giving a thumbs-up next to a dead body. In the other, Specialist Sabrina Harmon (ph) also of the same unit is seen in a similar pose. The identity of the body in the pictures is not yet known. The photos have not been authenticated. Both of the soldiers in question are among others now facing courts martial.

Today was one of them who took the rap. Today Jeremy Sivits, a specialist in the Army, faced a military court, a court martial in Baghdad. He threw himself at the mercy of the court and the judge in the end he drew less time than those who follow him can expect. He copped a plea.

Here again CNN's Harris Whitbeck.

(BEGIN VIDEOTAPE)

WHITBECK (voice-over): Outside the courtroom a scene reminiscent of other high interest, big ticket trials in the United States, satellite trucks and journalists camped by the building. But this was different. Armored helicopters buzzed overhead. U.S. Army troops continuously marched by.

This was the Baghdad setting for the court martial of Army Specialist Jeremy Sivits and the arraignment of three more soldiers all accused of abusing and humiliating Iraqi detainees at Abu Ghraib Prison.

In his court martial, Sivits broke down twice as he pled guilty describing the brutal beating some of the prisoners received and the acts of sexual humiliation the soldiers photographed.

"It was wrong" he said. "It shouldn't have happened. I apologize to the Iraqi people and to the detainees. I apologize to the court, to the Army, to my unit and to my family."

But contrition wasn't enough. Military prosecutors said: "These acts are horrendous, appalling and simply wrong. They took advantage of others who were vulnerable."

The judge agreed. Sivits was sentenced to a year in prison, a reduction in rank and a bad conduct discharge. Three other soldiers were arraigned on similar charges of abuse. A date was set for a new pretrial hearing.

(END VIDEOTAPE)

WHITBECK: While the trial resulted in prison for one U.S. soldier, the controversy continues. More courts martial are to be scheduled and the expectation here is that more information will emerge on how far up the chain of command responsibility lies -- Aaron.

BROWN: Just a little context here. There are several different kinds of court martials or courts martial. In this case it was essentially I guess what civilians would refer to as almost a misdemeanor court, correct? WHITBECK: That's correct a special court martial which results in less stringent sentencing. Other court martials that are to be scheduled here we believe will be general court martials which are more of a felony type court martial. Those, of course, are meant for stronger offenses -- Aaron.

BROWN: And more serious sentencing, Harris, thank you, Harris Whitbeck in Baghdad this morning.

As Specialist Sivits was pleading guilty, another public display of accountability was underway much, much higher up the chain of command. The Army's top generals in Iraq were in Washington today testifying before a Senate committee about the abuse of Iraqi prisoners.

The focus was on who knew what and when and whether orders from senior officers set the stage for the abuse, reporting tonight CNN's Barbara Starr.

(BEGIN VIDEOTAPE)

BARBARA STARR, CNN PENTAGON CORRESPONDENT (voice-over): Lieutenant General Ricardo Sanchez, commander of U.S. forces in Iraq, said he too holds himself accountable for the abuse of Iraqi prisoners.

LT. GEN. RICARDO SANCHEZ, COMMANDER OF U.S. FORCES IN IRAQ: I accept responsibility for what happened at Abu Ghraib and I accept as a solemn obligation the responsibility to ensure that it does not happen again.

STARR: But questions for General John Abizaid the senior commander.

UNIDENTIFIED MALE: How did it happen so long and so deep and we not know?

GEN. JOHN ABIZAID, COMMANDER, U.S. CENTRAL COMMAND: Well, I think there are failures in people doing their duty. There are failures in systems and we should have known and we should have uncovered it and taken action before it got to the point that it got to.

STARR: Sanchez insisted his order last year for military intelligence to take some responsibility for prison operations did not involve the Pentagon and was not an order to soften up the detainees for interrogation through violence and sexual humiliation.

Major General Geoffrey Miller, the new head of detainee operations, denied his recommendations for using military police to set the conditions for interrogation encouraged coercion of detainees. A report last November from the International Committee of the Red Cross containing abuse allegations was never seen at the highest levels.

ABIZAID: We've got a problem there that's got to be fixed. STARR (on camera): Abizaid warned the violence in Iraq will grow. He said it is now vital to name new Iraqi leaders to take over after June 30 and that it might be April of next year before the Iraqis are ready to provide law and order.

Barbara Starr, CNN, the Pentagon.

(END VIDEOTAPE)

BROWN: When the photograph of the hooded prisoner standing on a box first appeared an intelligence expert had no trouble recognizing it for what it seemed to be.

"That's classic stuff" he said, meaning nothing an enlisted man would cook up on his own or for that matter a practice necessarily limited to Iraq. Whether that's so remains a big unanswered question tonight perhaps though not for much longer.

From Afghanistan here's CNN's Ryan Chilcote.

(BEGIN VIDEOTAPE)

RYAN CHILCOTE, CNN CORRESPONDENT (voice-over): You've heard about prisoner abuse in Iraq. You'll soon hear about Afghanistan.

LT. COL. TUCKER MANSAGER, MILITARY SPOKESMAN: Lieutenant General David Barnow, Combined Forces Command, Afghanistan commander has directed a top to bottom general officer led review and assessment of all coalition detention and holding operations in Afghanistan.

CHILCOTE: We can't show you the U.S. military's detention facilities or its detainees in Afghanistan. The U.S. military says that would be a violation of its media ground rules and the detainees' rights.

But the military spokesman here says that they have about 20 holding centers in Afghanistan. They say each site as part of the review will be visited. The study is to be completed by mid June.

Last week this man Saeed Nobi (ph) an Afghan police officer, told U.S. military investigators and the media he was sexually abused by U.S. soldiers while he was held in eastern Afghanistan last summer. He said he was too ashamed to go public with his allegations until he saw reports of sexual abuse out of Iraq.

Ahmad Zia Langari of the Afghan Independent Human Rights Commission says he was present as Nobi told investigators from the U.S. Army's Criminal Investigation Division that on one occasion he was stripped naked and sexually assaulted.

HAMAD ZIA LANGARI, AFGHAN HUMAN RIGHTS COMMISSION: Two or three soldiers, American soldiers came and also one interpreter and touching his, you know, sexual organs and he said that I didn't understand what they're doing. He was saying that, he was feeling that something is entering into anus, maybe some device or something like that. CHILCOTE: Langari says the man alleges he was also stripped naked and photographed this time at a jail at the Kandahar Air Base. The human rights group also wants to see autopsies of two Afghan detainees who died in the custody of U.S. soldiers in 2002.

(on camera): The U.S. military spokesman here says they are very comfortable with how they handled their detainees in Afghanistan but that there is always room for improvement. This review, they say, is part of that process.

Ryan Chilcote, CNN, Kabul.

(END VIDEOTAPE)

BROWN: On a day so full of repercussions of the war on terrorism, the day that began it all two and a half years ago once again took center stage in New York and so did the man at the center of it at that time and for so many difficult days that would follow.

CNN's Deborah Feyerick now on Mayor Giuliani's morning before the 9/11 Commission.

(BEGIN VIDEOTAPE)

FEYERICK (voice-over): Even if New York City had been warned about attacks on the World Trade Center, Rudy Giuliani says firefighters and police trained and responded exactly as they should have.

RUDY GIULIANI, FMR. NEW YORK CITY MAYOR: If that information had been given to us or more warnings had been given in the summer of 2001, I can't honestly tell you we would have done anything differently.

FEYERICK: The former mayor was repeatedly praised by commission members for his handling of the tragedy but grieving families shouted him down, one mother calling the ex-mayor incompetent. Others criticized the panel for being political insiders and not asking hard questions.

BEVERLY ECKERT, HUSBAND KILLED AT WTC: The fact that they're not going to hold anybody accountable, they keep saying that, continues to frustrate me because it sends the wrong message that it's OK to make a mistake.

FEYERICK: Giuliani said the city received terror warnings almost every day beginning in 1997 but the big concern for emergency responders suicide bombers and a chemical or biological attack.

JERRY HAUER, FMR. DIRECTOR, OFFICE OF EMERGENCY MGT.: Everyone thought we were crazy for preparing for terrorism.

FEYERICK: Commission members continued hammering away at the city's chain of command. They believe coordination problems could have been avoided had there been one person running the whole operation. Giuliani disagreed. GIULIANI: To have another intermediary involved in it trying to direct it means you're going to reduce the level of expertise.

FEYERICK: The city's current mayor argued New York's not failing its citizens, Congress is. New York State gets about $5.50 a person to fight terror, North Dakota $30 a head, and $101 for people in American Samoa.

MAYOR MICHAEL BLOOMBERG, NEW YORK: This is pork barrel politics at its worst. It is the kind of short-sighted me first nonsense that gives Washington a bad name.

FEYERICK: The head of homeland security testifying he's working to fix that.

TOM RIDGE, HOMELAND SECURITY SECRETARY: We would advance the cause of enhancing security a lot faster and it would be a lot stronger if we were able to direct more resources to areas where the potential loss of life is the greatest.

(END VIDEOTAPE)

FEYERICK: Other suggestions from today's hearing, create a nationwide joint terrorism task force, also restrict cell phone use only to the first responders during emergencies. The commission is expected to come out with its report this summer -- Aaron.

BROWN: Was there any sense in there today that yesterday from the commission's point of view had played badly in New York?

FEYERICK: There was and one of the commission members, John Lehman, was really on the defensive about having called the fire department scandalous. He said that the comments were taken out of context that the papers just got it wrong but those were very sharp words and the mayor and other firefighters very upset by it all.

BROWN: Thank you. We'll have more on Mayor Giuliani's session before the commission coming up later in the program.

Also coming up besides the mayor more deaths in Gaza this time criticism of Israel from the White House, stronger than normal criticism, a break first.

From New York this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: The U.N. Security Council today passed a resolution condemning Israel for killing civilians in Gaza calling on Israel to stop bulldozing homes there. The resolution went through because the United States in a departure decided not to use its veto power. The United States abstained instead, a clear sign of American displeasure at Israeli tactics over the last few days, if not longer.

The resolution was delivered just a few hours after a protest in Gaza turned into a bloodbath. As in Iraq, the two sides dispute how and even what happened.

The impact of the pictures, however, cannot be denied, from Gaza tonight CNN's Matthew Chance.

(BEGIN VIDEOTAPE)

CHANCE (voice-over): On the march to Rafa, thousands of Palestinians walking into tragedy. It was a peaceful if angry demonstration against Israel's military. Then came the response. In the skies above a single Israeli helicopter gunship launches flares at first to protect itself then a rocket.

Israeli officials confirm tanks also opened fire near the crowd. From the chaos the dead and injured are carried off to hospitals already inundated in recent days. Among the casualties are unarmed civilians and a number of children only the latest carnage, say Palestinian officials that Israel's army has inflicted upon the people here.

GHASSAN KHATIB, PALESTINIAN LABOR MINISTER: Well, this most recent and most vicious Israeli crime of shelling by missiles a peaceful demonstration is an indicator to the real intentions of the Israeli army, which is simply trying to effect the maximum casualties of the Palestinian people regardless whether they are civilians or otherwise.

CHANCE: From the Israeli government an expression of deep sorrow for the loss of innocent life but officials are insisting the rocket was aimed at open ground and was meant to disperse the crowd not kill them.

RA'ANAN GISSIN, SENIOR SHARON ADVISER: This is a war zone. It's been a war zone for three and a half years and we have to conduct these operations With all the care that we take, sometimes the loss of life is unavoidable here and sometimes they are staged.

We know very well that the area where the incident occurred today was saturated with explosive charges, like in Jenin, placed before the crowd, so we're investigating that possibility as well. Before you jump to conclusion about a massacre or anything allow us to exhaust the investigation. You can rest assured that all the information will be presented.

CHANCE: But there's been a mounting chorus of criticism of Israel and its tough military action in Rafa to destroy what it calls a terrorist infrastructure there. There are renewed calls too for international protection of Palestinian civilians here. The latest killings, say some, underline the pressing need for that.

(END VIDEOTAPE)

CHANCE: Well, Israel has launched a full investigation into what happened here. It says there's a possibility that the casualties were caused not by the helicopter, which it says its rocket was fired into open ground, but by a tank which opened fire on what it thought was an abandoned building but none of this is going to ease the criticism amongst those who believe that at least here in Gaza that today Israel's forces abandoned restraint -- Aaron.

BROWN: Matthew, thank you, Matthew Chance on a very tough nasty day in Gaza.

Today's attack in Gaza follows a major incursion by Israeli troops yesterday in Gaza. At least 20 people were killed, dozens of Palestinian houses were razed during the operation which triggered the demonstration which came under attack today and so the cycle goes.

How to deal with this sort of thing has never been easy for American presidents and President Bush is no exception. For a variety of reasons, the U.S. often seems to be singing from a different hymnal where Israel is concerned.

Here's CNN's Elaine Quijano.

(BEGIN VIDEOTAPE)

ELAINE QUIJANO, CNN CORRESPONDENT (voice-over): At first, President Bush's response to the deaths in Gaza echoed what he'd said before not a condemnation but a call to both sides in the Israeli- Palestinian conflict to stop the violence.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I continue to urge restraint. It is essential that people respect innocent life in order for us to achieve peace.

QUIJANO: But late in the day in its strongest language yet against Israel, the White House sharply criticized recent Israeli military operations in Gaza to destroy Palestinian homes.

In a written statement, officials said the operations have "worsened the humanitarian situation and resulted in confrontations between Israeli forces and Palestinians and have not, we believe, enhanced Israel's security," this from a White House that has always asserted Israel's right to defend itself. The administration wasn't alone in its rebuke. British Prime Minister Tony Blair, one of the president's closest allies, also leveled that same criticism.

TONY BLAIR, BRITISH PRIME MINISTER: We entirely understand the concerns of Israel about acts of terrorism but what happened yesterday was unacceptable and wrong.

QUIJANO: And in a forcefully worded statement of their own, European leaders made clear their disapproval of Wednesday's incident an incident that Palestinians say killed and wounded dozens and one Israelis say is under investigation.

In a written statement, the president of the European Council called Israel's action "completely disproportionate to any threat faced by the Israeli military," adding that "Israeli forces showed a reckless disregard for human life."

(on camera): The violence comes at a sensitive time for the White House as officials try to build support among Arab allies for the Iraq mission. AT the same time, the president remains focused on trying to achieve his two state solution to the Israeli-Palestinian conflict an effort clearly undermined by this latest violence.

Elaine Quijano, CNN, the White House.

(END VIDEOTAPE)

BROWN: Coming up on NEWSNIGHT tonight, Republican infighting spreads on Capitol Hill. Don't they have enough trouble with the Democrats? You might think so. We'll take a break first.

Around the world this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: Well, at the risk of being irreverent, imagine that, we bring up the so-called 11th commandment, thou shalt not speak ill of a fellow Republican. Ronald Reagan used to talk about it a lot. Unlike the other ten, however, this one is not written in stone the proof of which can be seen on Capitol Hill these days.

Here's CNN's Joe Johns.

(BEGIN VIDEOTAPE)

JOE JOHNS, CNN CAPITOL HILL CORRESPONDENT (voice-over): Another day of GOP vs. GOP. The top Republican in the House took an unusually harsh swipe at Senator John McCain for arguing against cutting taxes during wartime.

QUESTION: Anyway, his observation was never before when we've been at war have we been worrying about cutting taxes. And his question was, where's the sacrifice? We have the war in Iraq and we all

(CROSSTALK)

REP. DENNIS HASTERT (R-IL), SPEAKER OF THE HOUSE: If you want to see the sacrifice, John McCain ought to visit our young men and women at Walter Reed and Bethesda. There's a sacrifice in this country.

JOHNS: McCain fired back in a written statement: "I fondly remember a time when real Republicans stood for fiscal responsibility. Apparently, those days are long gone for some in our party."

But most of the Republican sniping this week is over whether Senator John Warner should keep holding high-profile public hearings on the Iraqi prisoner abuse scandal.

SEN. JOHN WARNER (R), VIRGINIA: This is an open process. And we're going to show the world how we fairly, firmly and calmly deal with this situation.

JOHNS: But some Republicans disagree, saying the generals need to be fighting the war instead of answering questions before Congress. SEN. JAMES INHOFE (R), OKLAHOMA: And, quite frankly, I'm sorry that you guys are here. I would rather be handling this in some way where we could get your statement, get it in the record and have that done, because you have an awesome responsibility.

JOHNS: And in the House, the Republican chairman of the Armed Services Committee, who has accused his Senate counterparts of being mesmerized by the TV cameras, pointedly turned down an offer by General Ricardo Sanchez to testify. Congressman Duncan Hunter told Sanchez in a letter: "Go back to Iraq. Please return to the troops as soon as possible. They need you there. We need you there."

(on camera): Part of the frustration among Republicans is that the war in Iraq is drowning out the congressional agenda. And in an election year, there is fear foreign policy will matter more in the race for the White House than in campaigns for House and Senate.

Joe Johns, CNN, Capitol Hill.

(END VIDEOTAPE)

BROWN: For all the rhetoric, these are serious issues being debated by serious people, mostly in a serious way. Kay Bailey Hutchison is the senior Republican senator from the state of Texas. And we spoke with her earlier today.

(BEGIN VIDEOTAPE)

BROWN: Senator, do you think there is a legitimate difference of opinion on how much time the Congress is spending on the prison abuse issue and whether or not it is detracting overall from the effort in Iraq?

SEN. KAY BAILEY HUTCHISON (R), TEXAS: I think it is a legitimate inquiry, as there is a legitimate difference. I am very pleased that we have had public hearings.

I think more than anything we can do to protect our troops in the field, we need to show that this is not American policy, that there was a violation of our policies, and that we are going to find out exactly what happened and do something about it.

BROWN: The prisoner images I suspect today are going to be replaced by these images of this terrible incident where perhaps as many as 40 people died in western Iraq in what appears now to be an accident. I wonder if on balance you think we can ever actually win the hearts and minds issue, or if perhaps we just have to accept the fact that they're never going to like us?

HUTCHISON: Aaron, we have to continue to try to show American values. And we have had a really hard run for the last two weeks. We've had some hard luck for the last six months.

But we cannot give up. We must show the world that we would never do something like this on purpose, that it is an accident, and that we will do everything we can to assure that things like this won't happen and make it up to people if we possibly can. We can never give up trying to show American values in the very best light.

BROWN: Senator, it's always good to talk to you. Thanks for your time today.

HUTCHISON: Thank you, Aaron.

BROWN: Thank you.

(END VIDEOTAPE)

BROWN: As we said, we talked to the senator earlier this afternoon.

Still to come on NEWSNIGHT, the battle lines over same sex marriage in Massachusetts redrawn. And this battle is not over.

This is NEWSNIGHT on CNN.

(COMMERCIAL BREAK)

BROWN: Two days ago, Massachusetts became a pioneer in the gay marriage debate when it began allowing the first state-sanctioned same sex nuptials in the country. Now a new legal front may be emerging in that battle. The focus has shifted to nonresidents, whether nonresidents will be allowed to marry in the only state where they can.

Here's CNN's Adaora Udoji.

(BEGIN VIDEOTAPE)

ADAORA UDOJI, CNN CORRESPONDENT (voice-over): For these two gay couples, it was a race from New York to a Massachusetts altar.

EDWARD DEBONIS, GAY MARRIAGE ADVOCATE: We've been watching the news on the Internet every minute and hearing what Governor Romney has been saying and his people have been saying. And it was clear to me that he was going to do whatever he could to stop out-of-staters from being married.

UDOJI: These couples may have reason to fear. Though four cities and towns have issued roughly 80 licenses to out-of-state couples, Governor Mitt Romney, a gay marriage opponent, says they're illegal and has demanded to review the records.

(on camera): The governor's office says a 1913 law prohibits the marriage of out-of-state couples who don't plan to live in the state. The law was originally meant to prevent interracial couples from flocking to Massachusetts because they could not legally marry in their home states.

LT. GOV. KERRY HEALY, MASSACHUSETTS: We intend to enforce the law as it stands. And, at this point, all we've done is request information from four clerks about the marriages that they have performed. UDOJI (voice-over): Massachusetts is the only state that now permits same sex marriages. Although a few states are considering recognizing them, only New York has explicitly said it will. Lesbian and gay rights advocates say the governor is playing politics. The law has never been tested.

KEVIN CA: They're inviting I think a great deal of litigation, including challenges to that 1913 statute, which has never been challenged before and which many people believe would be held unconstitutional.

UDOJI: Which could take weeks or months or years, plenty of time for this.

Adaora Udoji, CNN, New York.

(END VIDEOTAPE)

BROWN: Now, late today, the state Senate in Massachusetts voted overwhelmingly to repeal the 1913 statute on out-of-state marriages. That proposal must now pass the House. And if it does it would seem it is likely to be vetoed by the governor. And on it goes.

Ahead on NEWSNIGHT, Rudy Giuliani. The guy who took charge on 9/11 in New York City reminds us what it was like in his own words.

(COMMERCIAL BREAK)

BROWN: Of other sorrows now.

Former New York mayor Rudy Giuliani did not face an easy crowd today when he took his turn before the 9/11 Commission. Many of the families of the victims who were there were looking to blame, and they did. The mayor kept his composure. Before the questioning began, he described what they day had been like for him.

(BEGIN VIDEO CLIP)

RUDOLPH GIULIANI (R), FORMER MAYOR OF NEW YORK: As I walked out into the street and as I walked out into the street, Denny and I looked up in the sky. And what we saw was a beautiful clear day, about as clear as we had had in a long time, and came to the immediate conclusion that it could not have been an accident.

We passed St. Vincent's Hospital. And I looked outside and I saw outside many, many doctors and nurses and stretchers. And it registered in my mind that we were looking at a war zone, not a normal emergency.

As we got very, very close to the World Trade Center, one of my police officers said to me, and all of us, keep looking up, keep looking up. Because things were falling down around us. And I imagined that was for our own safety. But when I looked up at that point, I realized that I saw a man -- it wasn't debris -- that I saw a man hurling himself out of the 102nd, 103rd, 104th floor. And I stopped, probably for two seconds, but it seems like a minute or two. And I was in shock.

I said -- I said to the police commissioner, we are in unchartered territory. We have never gone through anything like this before. And we are just going to have to do the best we can to keep everybody together.

The reason you have that difference between the 12,000 to 15,000 originally estimated and the less than 3,000 that actually took place is the way in which a combination of the rescue workers and the civilians themselves conducted this evacuation, not flawless, not without mistakes and not with some terrible tragedies attached to it.

But overall maybe 8,000 people more, maybe 9,000 people more than anyone could rightfully expect evacuated from that building because firefighters were walking upstairs while civilians were walking downstairs.

When you evaluate the performance of the firefighters and the police officers, we got a story of heroism and we got a story of pride and we got a story of support that helped get us through.

If more warnings had been given in the summer of 2001, I can't honestly tell you we would have done anything differently.

When you go back over a report and you know the end of the story, which is a horrible one, but you know the end of the story, the reports that are relevant become much more obvious.

Catastrophic emergencies and attacks have acts of great heroism attached to them. They have acts of ingenious creativity attached to them. And they have mistakes that happen. Hopefully, this commission will assess that correctly with compassion and with understanding and then the next one will be done a little bit better. But the next one, unfortunately, is probably going to be a mix of exactly those same things, acts of great heroism, many, many creative and brilliant things done, and some terrible mistakes that were made, because when human beings are put under this condition, that's what happens.

So our anger should clearly be directed and the blame should clearly be directed at one source and one source alone, the terrorists who killed our loved ones.

For each other...

(APPLAUSE)

GIULIANI: For each other, there really should be compassion, understanding and support, because we're all suffering.

(END VIDEOTAPE)

BROWN: Former Mayor Rudy Giuliani today. As I was listening to this earlier, I realize that 2 1/2 years later, it's impossible to walk by a firehouse in this city and not think of that day and not think with incredible gratitude of the work that all of those firefighters did, police officers as well. Still ahead on NEWSNIGHT, a look at the holes left in people's lives when loved ones are missing. Missing in Iraq.

A break first. This is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: For weeks now, the news from Iraq has been unrelenting. With so many moving pieces, the stories whose endings have yet to be written often get lost.

Three Americans are still missing tonight in Iraq. They were traveling together in a fuel convoy which insurgents attacked in early April. Seven Halliburton employees and two American soldiers died in that attack. For the families of the missing, an excruciating waiting game continues.

(BEGIN VIDEOTAPE)

BROWN (voice-over): They are last month's story, it seems. They disappeared on the 9th of April, forgotten by too many by mid-May. But families don't forget. They hope.

UNIDENTIFIED FEMALE: We remain very optimistic that we will hear word on Matt's status soon.

BROWN: Private 1st Class Keith Matthew Maupin is a child of Batavia, Ohio, outside Cincinnati. And they haven't forgotten and they haven't stopped hoping. They hold prayer vigils and string yellow ribbons and remind those who ask of their missing friend, shy, studious, like many kids who join the Army in hopes of getting a college education some day. That's the Matt Maupin they know. This is the one you know.

PRIVATE 1ST CLASS KEITH MATTHEW MAUPIN, U.S. ARMY: My name is Keith Matthew Maupin.

BROWN: That was mid-April. He hasn't been heard from since. And there's been no news at all on the whereabouts of William Bradley and Timothy Bell, both fuel truck drivers for KBR, a subsidiary of Halliburton, civilians in a war zone.

UNIDENTIFIED FEMALE: The Army tells you, well, they can't tell you anything because he's a civilian. OK. So, OK, did you stop looking because he's a civilian?

BROWN: William Bradley and his girlfriend, Wilma Procter, live in Chesterfield, New Hampshire. They spent much of their time together as long distance truck drivers. Now Procter drives a motorcycle with a teddy bear that Bradley gave her strapped to the back. Her cell phone message is a message for him just in case he calls.

WILMA PROCTER, BRADLEY'S GIRLFRIEND: I love you. Come home. Simple. It's on my answering machine. That's all I have to say. I love him and I want him to come home. BROWN: Timothy Bell's friends and family marked his 45th birthday without him. It was in April. He was supposed to be home by now. Home is Mobile, Alabama, where his fiancee and two children live.

WILLIAM DUTCH, FRIEND OF BELL: All of our hearts and prayers are with Tim and his family. And we pray that he do come home safely.

BROWN: So far only one person in the convoy on that deadly day has come home safely. Thomas Hamill was captured, but managed to escape. The military and Halliburton have little to say and no information to give about the search for others, only that it goes on. And so their families wait and hope for news, wait and hope, as they have for 40 days.

(END VIDEOTAPE)

BROWN: If you need something to think about tonight, think about them. They could use it.

Still ahead on NEWSNIGHT, morning papers.

(COMMERCIAL BREAK)

(ROOSTER CROWING)

BROWN: Okeydokey, time to check morning papers from around the country and the world, a nice mix tonight of local stories, international stories, big city papers, small town papers.

Start with "The Christian Science Monitor." "Court-Martial Meets Skepticism in Iraq. Specialist Jeremy" -- I took my glasses off there and it came out wrong -- "Specialist Jeremy Sivits Was Sentenced Today to One Year in Prison and Discharged From the Army. Military Denies a Pattern." Those are the leads in "The Christian Science Monitor."

"The Philadelphia Inquirer," of Philadelphia, Pennsylvania. Where else? Well, it could be Philadelphia, Mississippi, couldn't it? But it's not. "Airstrike Kills 40. U.S. Disputes Target." Also, "Ten Killed in Attack on Gaza Protest." But this I think is the smart story they put in between the two. "U.S. and Israeli Attacks on Same Day Only Boost Muslim View That This is a War Against Islam." Pretty good stuff on the front page of "The Philadelphia Inquirer."

"The Chattanooga Times Free Press." I think we talked about this last week or the week before, that the blue laws there were ending. "Sunday Morning Openings. Chattanooga Retailers Await Post Blue Law Era." I think I said at the time I thought that was over. Down here," Kerry Does Not Ask Nader to Bow Out of the Campaign." However he does wish he would a lot. Anyway, we did some reporting on that, that there is a group trying to get Mr. Nader out of the campaign, but it's not the Kerry campaign.

"The Platteville Journal" of Platteville, Wisconsin, leads a local crime story. "Tallard (ph) Pleads Not Guilty By Disease or Defect." That is a murder case there. But over here is the story you'll all read when you get your "Platteville Journal" tomorrow." "Barb Splinter Named 2004 Mother of the Year." Bless her in Platteville, Wisconsin.

"The Review Journal" is the newspaper in -- come on, Aaron -- Franklin, Tennessee. Thank you. "Budget Committee OKs Little Changes in School Budgets," local stories there. This is a crime story. "Weigh Down Crackdown. Faith Based Weight Loss Headquarters Raided For Possible Role in Boy's Death." Yikes. Anyway, that's the lead story in tomorrow's "Review Appeal" of Franklin, Tennessee.

"The Grant County Herald Independent," that's in Wisconsin, Grant County, Wisconsin. Down in the corner, it's the prom queens. "Britney Leebfreed (ph)" -- I can't see this without my glasses -- I'm sorry, you guys -- and "King Lyle Leebfreed (ph)." I don't if they're brother and sister or husband and wife, what the deal with. Anyway, they're prom king and queen.

"The Chicago Sun-Times." "Tearful Soldier: I Have Let Everybody Down" is the headline. And the weather tomorrow is "hootenanny" in Chicago, which is often, coincidentally, the mood on "AMERICAN MORNING."

And here's Bill Hemmer with a look ahead.

(BEGIN VIDEO CLIP)

BILL HEMMER, CNN ANCHOR: Aaron thanks.

Tomorrow on "AMERICAN MORNING," the University of Colorado called on the carpet in a scathing report on recruiting violations, sex, alcohol, wild parties. Tomorrow, the head of the commission who wrote that report tells us how bad things were, what's been done to fix them and who is to blame, tomorrow morning, 7:00 a.m. Eastern time. Hope to see you then -- Aaron.

(END VIDEO CLIP)

BROWN: Bill, thank you.

And thank you all for joining us. "LOU DOBBS TONIGHT" is coming up next for most of you. We're back here tomorrow, 10:00 Eastern time. We trust you will be, too.

Until then, good night for all of us at NEWSNIGHT.

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