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Taliban Threat Against U.S. Troops; Security Breach at Pentagon; Afghan, Pakistan Leaders in D.C.; Cash For Clunkers: One Year Program Offers Thousands in Credits; Woman Wins Lottery Five Times; Fate of GITMO Prisoners; It's a Shakedown: Texas Town's D.A., Police Accused of Highway Robbery

Aired May 06, 2009 - 14:00   ET

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

KYRA PHILLIPS, CNN ANCHOR: All right. We're going to get to part two of Nic's report in just a moment. But first, this just in.

There's been a security breach at the Pentagon, I'm told, this hour.

CNN's Barbara Starr joining us live from there.

What happened, Barbara?

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, Kyra, we're happy to report this attempted security breach is over now, but it was a couple of hairy minutes here at the Pentagon, of course, which now after 9/11, is one of the most secure buildings in the world.

What we can tell you at 1:15 East Coast time this afternoon, a single male person tried to enter the building, actually pushed his way past the outer ring of security in the Pentagon, in through the first set of doors, and was immediately tackled to the ground by three Pentagon police officers. And we are also told by a male member of the United States military who jumped in and also tackled him to the ground, the Pentagon police drew their weapons to detain this man.

I can tell you, I saw a very significant Pentagon police response to this situation. The man is now being questioned.

At this point, they do not believe, they tell us, that he was armed. He apparently was East European, a protester of some sort.

He had left an unattended bag outside with a number of leaflets in it. They're not really sure what he was protesting, but we are told it's all over, it's all clear.

Nonetheless, it underscores, you know, the real security response around Washington, D.C., when they have something like this. It's kind of like when you have a fence-jumper at the White House. It's all hands on deck to try and get a very quick handle on the situation. The man is being detained and questioned at this hour -- Kyra.

PHILLIPS: All right, Barbara. Thanks.

Well, we're going to speak with Nic Robertson in just a minute, but first, here's more of his exclusive, chilling interview with the spokesman of the Afghan Taliban supreme leader, Mullah Omar.

(BEGIN VIDEOTAPE)

ROBERTSON (on camera): What's the relationship between the Taliban and al Qaeda?

(voice-over): Taliban leader Mullah Omar's spokesman, Zabiullah Mujahid, is giving us a rare interview. He warns me we don't have much time. We are both hoping the other hasn't set us up for capture. He wants to get out now. I have lots more questions.

In particular, their relationship with al Qaeda and foreign fighters that worries intelligence agencies in the West.

MUJAHID (through translator): We're not under the command of al Qaeda. Some people are coming to fight, and we say, welcome.

ROBERTSON (on camera): But they help you? But al Qaeda helps you?

MUJAHID (through translator): We are from this country. We are the boss.

ROBERTSON: Are you getting people that would have gone to Iraq before and now are coming to Afghanistan to fight the Americans there?

MUJAHID (through translator): We do not ask for any fighters from Europe. We don't ask them to come. If they come freely, yes. Also, we don't need for the foreign fighter. For example, in some provinces, we have suicide bombers for the next three or four months.

ROBERTSON (voice-over): He won't tell me how many foreign fighters are coming or how many Taliban there are. But he boasts about their support, says Taliban sympathizers in President Karzai's inner circle helped try to kill him last year. He says the Taliban has informers inside U.S. bases.

MUJAHID (through translator): Inside the American bases there are more people who help us, and we have intelligence from A to Z inside the structure of all the foreigners, including the Afghan government.

ROBERTSON: Part of a new U.S. strategy is eradicating the lucrative opium poppy in Afghanistan, but Mujahid says it won't hurt the Taliban.

(on camera): You don't make money from opium poppies?

MUJAHID (through translator): Never. Taliban not have land to cultivate poppy...

ROBERTSON: From this, you take money from farmers?

MUJAHID (through translator): It's not true. Not true -- why don't you ask the farmer? Could you tell me from where? No, it's not happening. ROBERTSON (on camera): It's not what U.S. troops say. From their experience, farmers and villages alike are intimidated by the Taliban, forced to hand over a cut of their profits. I want to ask more about the poppies, but Mujahid wants the interview short, and I have many questions.

I ask, what's the Taliban's ultimate goal?

MUJAHID (through translator): To enforce the Sharia law and Islamic government in Afghanistan, and to remove foreign forces from our country.

ROBERTSON: I also want to know how they justify their suicide bombings that are killing so many civilians, a tactic Afghans abhor as un-Islamic.

MUJAHID (through translator): This is from the history of Islam. This is part of the jihad and part of the fighting.

ROBERTSON (on camera): What is your policy towards Afghan civilians?

MUJAHID (through translator): Our jihad is against the crusader. We do not want to kill civilians. We ask of the civilians, don't be close to the troops. Be away from them, not to be targeted.

ROBERTSON (voice-over): He denies that the Taliban are in back- channel talks with the Afghan government. It's not what I've heard from other sources. But he does agree with what the same sources have told me -- the Taliban accept they cannot win by military means alone, an admission that sets them apart from al Qaeda?

(on camera): Can the Taliban win by military means alone, or does there need to be some kind of talks?

MUJAHID (through translator): We believe by both, by negotiation and also by war. We ask them to leave the country. We are ready to talk.

So, they are not ready to leave? So they want to talk by the mouth of a gun? We will talk by the mouth of a gun.

ROBERTSON (voice-over): Long before I have run out of questions, he is getting up to leave. He had relaxed during the interview, but has been getting edgy for the last 10 minutes, still worried, it seems, the interview may have been an elaborate setup to capture him.

Throughout, Zabiullah Mujahid spoke clearly, concisely, with authority, and left me in no doubt, the war is far from over.

(END VIDEOTAPE)

PHILLIPS: Nic joining us now from the Afghan capital of Kabul.

Nic, we heard a lot of tough talk. Now do you think the Taliban can back it up? ROBERTSON: I think they can go on fighting in the way that they've been fighting, which is a fight that's very difficult for U.S. troops and Afghan security forces to battle. They blend in with the local population.

If a Taliban fighter puts down his weapon, he looks like a farmer. So it's very difficult to get on top of them, and the Taliban seem to have this ability to continue to put more fighters into the fight as the U.S. troops increase their presence here, as the Afghan security forces continue to get stronger.

So, it's a pattern at the moment, but that neither side can break out of. And just seems set to continue.

PHILLIPS: Well, the part of the interview that caught all of our attention, we've been talking about it, is the Vietnam analogy. What do you think? What are your sources saying? Are they saying the same thing?

ROBERTSON: Look, there's no way that the Taliban are going to kill tens of thousands of U.S. and coalition troops here. It's just not going to happen. They don't have that kind of strategic depth.

But what they have is an ability to keep up this very low-level, random fight, which will be in one province one day and another province another day, and a handful of fighters here and a handful of fighters there. And what the experts here are saying here is what you've got to recognize is that the Taliban are different groups all around the country and they have local grievances in those different areas, and you have to tackle them separately and get down and deal with those local issues, part of the sort of counterinsurgency strategy that General Petraeus puts forward and is trying to sort of enact here at the moment -- Kyra.

PHILLIPS: Nic Robertson, great work. We appreciate it.

And as we speak, President Obama is hosting Afghan President Hamid Karzai for one-on-one talks at the White House. Later, he's going to meet with the Pakistani president, and then all three will meet together.

Earlier today, the visitors met with Secretary of State Hillary Clinton, who made a surprise appearance in the White House briefing room. If you missed it, here's a little bit of that from just moments ago.

We're going to push the story forward. CNN's Suzanne Malveaux at the White House.

Suzanne, Hillary Clinton was in on the meetings this morning, but it was kind of a surprise for all of us to see her in the briefing room. That is not normal operating procedure.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: It isn't. We tend to get surprises here at this White House. We saw President Obama just last week, and now it's Hillary Clinton, but it makes complete sense. She just got off of these meetings with the Afghan president, the Pakistan president, obviously individually, as well as collectively. And she wanted to make the point here that there is a breakthrough, that these two leaders found some common ground when it comes to trade, and that they are also working towards this goal of trying to find some sort of strategy to deal with al Qaeda, to deal with the Taliban, that really has gained strength, we have seen, within just the past months or so.

I want you to take a listen to how the secretary described what happened in that meeting.

(BEGIN VIDEO CLIP)

HILLARY CLINTON, U.S. SECRETARY OF STATE: I thought it was a very significant meeting, in some ways a breakthrough meeting. The high-level participation from our government was very important, and the high-level participation from each of the delegations.

(END VIDEO CLIP)

MALVEAUX: Make no mistake, this is a change in tone, and it's a change in message. We heard earlier from Secretary Clinton, as well as President Obama, expressing some real reservations about both of these governments and their abilities to handle the crisis, the situation, in going after those extremists. But we heard Secretary Clinton today saying that they believe this is a relationship that's going to be a bit more candid, that that is long overdue, and that this is something they are going to work towards.

It is a first step, Kyra.

You may recall under President Bush, they had a similar meeting. They had Afghan leader Hamid Karzai, you had Pervez Musharraf from Pakistan. The two of them met with President Bush. It was an elaborate dinner. But they blamed each other for the terrorism, the problems in their region, and they also refused to shake hands.

It was a moment that a lot of people recognize and remember. They certainly hope to create a different kind of tone, a different kind of mood. Different kinds of pictures today when you get those leaders today together with President Obama -- Kyra.

PHILLIPS: It will be interesting to see the photo-op then. Suzanne Malveaux, thanks.

Well, the hot potato from President Bush's war on terror, the prisoners at GITMO. What happens to them when GITMO closes? Senator Lindsey Graham has some suggestions. He's going to join us live later this hour.

(COMMERCIAL BREAK)

PHILLIPS: Well, for bank of America, issue number one is a $34 billion shortfall. A day before the government releases the results of those stress tests on 19 U.S. banks, sources say that Bank of America is being warned that it needs a much bigger capital cushion in case the recession gets worse.

So, where will they get the money? Like anybody else, it can sell some of its stuff. Or being a huge corporation, it can try to raise money from investors.

As a last resort, it could turn to the government, too, which already has invested $45 billion taxpayer dollars. On the flip side, American Express, JPMorgan Chase and Bank of New York Mellon have reportedly passed their stress tests and no more capital needed.

And talk about a deal -- it looks like Chrysler won't have to pay back more than $7 billion in government loans. That's some of the fine print of the bankruptcy filing. Taxpayers will pick up an eight percent stake in the restructured company largely owned by Fiat.

And the experts on the job front are calling it good news. A little over 490,000 jobs lost in April, that's a 31 percent improvement over the previous month and the smallest drop in six months, according to one job firm. Experts say that this shows that the pace of job losses might be slowing, but they're still expecting the market to decline for several more months.

Atlanta's one of many cities in the Southeast looking at violent storms today. We're going to check in with Chad Myers to find out where the exact danger zones are.

(COMMERCIAL BREAK)

(WEATHER REPORT)

(COMMERCIAL BREAK)

PHILLIPS: Well, we have new video just in on a story that we told you about last hour. Defense Department investigators now trying to figure out what brought down a Marine Corps helicopter near San Diego. The two pilots were killed.

It was a super attack -- Cobra attack helicopter. It went down late last night in the Cleveland National Forest. The aircraft was based at the Marine Corps air station there on Miramar.

A new name added today to the Vietnam Veterans Memorial Wall in Washington. Back in 1969, Marine Gunnery Sergeant Enrique Valdez was hit by shrapnel in combat. The wound left him a quadriplegic.

Well, 25 years later, Valdez died of pneumonia. It took his daughter more than 15 long years to convince the Defense Department that her dad's death was related to his combat wounds. Her fight paid off today.

(COMMERCIAL BREAK)

PHILLIPS: Got a need for speed and chocolate? Well, have we got a sweet ride for you. British scientists showing off what they hope will be the world's fastest biofuel car. It's built to Formula Three racing specs and is expected to go up to 145 miles per hour. It's eco-friendly, the seat, steering wheel, car body all made of plant fibers from carrots and other veggies. And it runs on chocolate, not the bars, but waste from chocolate factories and vegetable oil.

So do you have a gas-guzzler that you'd like to trade in for a more fuel-efficient car? The government could help you foot the bill.

CNNMoney.com's Poppy Harlow has our "Energy Fix" from New York.

Tell us about it, Poppy.

POPPY HARLOW, CNNMONEY.COM CORRESPONDENT: Hey, Kyra.

Well, we told you about the idea a few weeks ago. It's Cash for Clunkers. That's the nickname, at least. But the Obama administration -- this is the big news -- now signaling support for a deal that's been reached by House Democrats. Basically, it's a part of the larger energy bill. Leaders hope to pass that before Memorial Day, so you could see this soon.

Under the deal, if your car's 18 years or -- it gets 18 miles per gallon or less, I should say, it's a gas guzzler, you can get vouchers, government vouchers, toward a new fuel-efficient one. They can be $3,500 and $4,500 depending on how fuel efficient the new vehicle is, I should say this doesn't apply to used vehicles.

And Kyra, this is a change from the previous proposal, both foreign and U.S.-made cars would qualify for these rebates - Kyra.

PHILLIPS: And I understand some environmentalists are less than thrilled with the idea?

HARLOW: Yes, they're not, because the fuel efficiency requirements have been decreased from what they were in the original bill. Some people say they're not strict enough to qualify for that $3,500 voucher. A new car only has to get 22 miles per gallon, only four miles more per gallon than the one you're trading in. That is less than the original bill. A little bit higher, the mileage, for the $4,500 voucher.

But the big question is, is this enough? Is this money enough to lure in some potential buyers to showrooms? We asked people on the street what they thought.

Take a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: My old car is about eight years old and it would definitely help me out to have a new car.

UNIDENTIFIED MALE: Our car's about to die. If we can trade it in for anything, we'd take it, I think. UNIDENTIFIED MALE: If it's something that's going to get high- emission vehicles off the road, then it's something that I think is valuable. But if it's just in an effort to stimulate car sales, I have a bit of an issue with.

UNIDENTIFIED MALE: I think it's a bad use of taxpayer's money.

(END VIDEO CLIP)

HARLOW: All right, on that last point, taxpayer money, the program would be authorized for a year, up to one million vehicles. No official price tag yet, but if you average out a $4,000 credit times one million vehicles, it's four billion bucks, Kyra. So, it will put us a little bit more in the hole, that's a concern.

PHILLIPS: All right, Poppy.

Hey, you digging the new Camaro?

HARLOW: Digging the new Camaro. Love it. I'm kind of a vintage car girl, but I'll go with the new one, no problem.

PHILLIPS: You could have one of each. How about that?

HARLOW: You would look good in that, Kyra.

PHILLIPS: You and I would look fun cruising in downtown New York.

HARLOW: For sure.

PHILLIPS: It looks a lot like the old Camaro, as Poppy said. The 40-year-old Camaro, this is a 2010 model based on that '69 version. Chevy actually stopped making Camaros back in 2002, but now they are tanned and rested and ready and more fuel efficient apparently. They get up to 29 miles per gallon on the freeway, so they're only retro on the outside.

Radio talk show host, Michael Savage, is banned in Britain. The home secretary there says foreigners who, in her words, stir up hatred are no longer welcome. Savage is among about two dozen people banned. Controversial preacher and protester Fred Phelps is on that list, too.

We asked you earlier what you thought about their ban. A lot of you have been tweeting us about this.

Here's what Laura Liu wrote, "I agree with U.K.'s decision. It's their laws, their rules. I would only hope someone visiting the U.S. would respect our laws and rules."

And Vonita (ph) says, regarding Michael Savage, "Freedom of speech does not mean freedom from consequences."

Washington Pilot (ph) writes, "Completely agree with the ban, very strong message that says hate won't be tolerated anymore. Way to go U.K. U.S. should do the same. Ban them, too." Here's what Scott writes, "Emphatically 100 percent I agree with Brit's decision."

Some of you e-mailed us, some others e-mailed like P. Charles. P. Charles wrote, "I agree 200 percent with the British government. Most of those talk show radio hosts hiding behind the mike are very dangerous for the security of the U.S."

And Margot e-mailed this, "Is there anyone who will defend free speech? British Home Secretary Jacqui Smith ought to be fired."

Well, thanks for all your tweets and e-mails. We appreciate it.

A small town police force accused of highway robbery.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I believe it's a shakedown. I believe it's a piracy operation.

(END VIDEO CLIP)

PHILLIPS: Well, cash and property taken from drivers under a forfeiture law, but there are questions about where some of that money went.

(COMMERCIAL BREAK)

(WEATHER REPORT)

PHILLIPS: Women have the pill and men may soon have the shot. Chinese researchers say that testosterone injections could be an effective form of male birth control. In a new study, more than 1,000 Chinese men received these injections. Within months, their sperm levels dropped. Researchers say that the shot isn't 100 percent effective, but it's close.

Today's National Teen Pregnancy Awareness Day. Bristol Palin is in New York sharing her story. The unwed mother and daughter of Alaska Governor Sarah Palin says that abstinence is the better choice for teens if they don't want to become parents. That's an about-face from her comments in February when she said abstinence is not realistic.

The 18-year-old mom says that having a baby has changed her life.

(BEGIN VIDEO CLIP)

BRISTOL PALIN, TEENAGE MOTHER: You have so much responsibility, and it's just hard work all the time. It's a 24-hour-a-day job.

UNIDENTIFIED MALE: And in terms of hanging out, in terms of what you're able to do, how's it changed?

PALIN: You don't have friends. You can't just get up and go to the movies or go get your hair done or anything like that. It's -- you put your baby first.

(END VIDEO CLIP)

PHILLIPS: Well, Palin's former fiance, Levi Johnston said abstinence is not realistic and that sexually active teens need to know about contraceptives as well.

New developments now in the case of that missing Georgia professor. We're going to show you what police think he may look like now.

(COMMERCIAL BREAK)

PHILLIPS: Well, new police sketches in of that University of Georgia professor that have authorities on a nationwide manhunt right now. This is what police believe he may look like at this point.

Just to give you a little background. You remember George Zinkhan from the University of Georgia. He was the professor that police went on a search for driving a red Jeep Liberty. When he was last seen after a shooting -- that he went on a shooting rampage, actually, leaving three people, including his wife. That shooting happened at a community theater group reunion in Athens, Georgia. He had been fired from his job, apparently having problems at home with his wife. Still, that manhunt is on.

These are the two sketches that have just been released from authorities. You saw the first one, possibly the fact that he might have shaved his head. The second sketch that police are releasing now.

Once again, his Jeep was found; he's still on the lam. Authorities need your help in trying to track him down.

Well, arsenal and day care, there are two words that just don't belong together. A home day care operator in the Long Island town of Huntington, has a lot of explaining to do. One of the first stories to hit our "What the ... ?" segment.

Police say she stashed weapons for her gangster son in the basement. Can you just imagine, tickle-me Elmo upstairs; handguns, shotguns and ammo downstairs? Well, the woman and her husband both pleaded not guilty to weapons charges. They claim that they didn't know what their son was doing. And don't worry, folks, the day care is closed now.

All right, so what if your family business caught fire, your favorite dog caught congestive heart failure and your kitchen flooded during a storm? You'd probably that think you had a lot of bad luck, right? Well, that all happened to Brenda Bailey of South Charleston, West Virginia. But, she says her recent bad luck has taken a very interesting turn. Brenda joins me now on the phone to push our "What the ... ?" story of the day a little further.

Brenda, how you doing?

BRENDA BAILEY, FIVE-TIME LOTTERY WINNER (via telephone): I'm fine, thank you. How are you?

PHILLIPS: I'm doing great. But probably not as good as you. So, all these things that we...

BAILEY: I am doing better.

PHILLIPS: Oh, I know you are and let's explain to folks why.

You seem to have a little luck with the lottery. Why don't you tell our viewers what happened in September. Where did you go? And what did you purchase?

BAILEY: In September, I was -- I had a job that I took care of an elderly couple, in St. Albans (ph). And on my way home from work -- my husband called me and indicated this, to stop and get dinner on my way home, because I was running late.

And I stopped at a Go-Mart (ph), I had $10.00 in my pocket and I had a $10.00 winning ticket of his that he had asked me to turn in. And I just on the spur of the moment she asked me when I gave her the ticket if I wanted the money or another ticket. And I just asked for another ticket, and it ended up being a $10,000 winner. Which I was kind of like, OK, I've got enough money to buy the chicken dinner now. Right across the street. So, that's why I hesitated.

PHILLIPS: A $10,000 chicken dinner.

BAILEY: A $10,000 chicken dinner, and it just snowballed from there.

PHILLIPS: Yes, it did snowball from there, because January you buy another ticket and you hit it again. You won six grand.

Then, you bought another one in March. You hit -- you won another $1,000.

BAILEY: Right.

PHILLIPS: Then in April you bought another ticket and won $50,000!

BAILEY: Right.

PHILLIPS: And then tell me what happened in May.

BAILEY: Twelve days later, I had to go and pick up my grandson, and as I -- the ridge that we use all the type in our area, the Go- Mart on the other side of the bridge, and I just went in, got me a cup of coffee. Asked for a "Price is Right" ticket, one ticket. Went to the car and I decided, well, I may as well scratch it off here. And it ended up being $100,000 ticket winner.

PHILLIPS: Oh, my gosh. All right, so I...

BAILEY: So... PHILLIPS: I know, your life has taken quite a turn in just a few months, so I'm just curious, before we let you go, are you planning a big trip?

BAILEY: We are planning a big trip. My husband and I have not been anywhere on vacation for the past 10 years. We've had just business to contend with. We've had some, you know, health issues going on. As of this time we are planning a cruise. My husband loved the first cruise that we ever went on back in the '80s.

PHILLIPS: I love it.

BAILEY: And we are planning on taking us a seven-day cruise, with a balcony so we can just kind of sit and relax and appreciate and be thankful...

PHILLIPS: Well, Brenda...

BAILEY: ... for...

PHILLIPS: For everything that you got.

BAILEY: ... the way it has turned out, because I'm sure as you know, when we listen to the news, we hear so much bad news. And I'm thankful and I'm blessed that it's not any worse than what is. There's a reason for everything I guess in our lives and...

PHILLIPS: Amen.

BAILEY: (INAUDIBLE) ... down the road.

PHILLIPS: Make sure you play the slots and the blackjack tables.

Brenda Bailey, we're tracking your success. I'm going shopping for tickets with you next you. Thanks, Brenda.

BAILEY: I appreciate it.

PHILLIPS: OK.

Well, they are the remnants of - actually, the living remnants of President Bush's war on terror. The detainees at the U.S. prison at Guantanamo Bay, Cuba. President Obama closing GITMO by next January. So, what happens to the 240 or so detainees that are there right now? Well, Republican Senators Lindsey Graham and John McCain pushed forward their ideas in today's "Wall Street Journal." Senator Graham joins us now on Capitol Hill.

Senator, thanks for being with us.

SEN. LINDSEY GRAHAM (R), SOUTH CAROLINA: You're welcome. Good afternoon.

PHILLIPS: Well, let me ask you, right off the bat, should they be in our backyard or not? That seems to be where all the controversy is beginning. GRAHAM: Well, I think if we had a disposition plan that we could better understand, you know, how many are going to be left and where to put them is important, but what to do with them is equally important. How do you try them? How do you hold them off the battlefield if they present a danger? I think if the president had a disposition plan that made sense and it was bipartisan, it would be easier to find a location.

PHILLIPS: Well, tell me -- tell me your plan. You and McCain...

GRAHAM: OK.

PHILLIPS: ... wrote down your concerns. You wrote this op-ed piece. Tell me right now, if they are to come here to the United States, we're talking about, you know, alleged...

GRAHAM: Right.

PHILLIPS: ... anti-American, 9/11 terrorists.

GRAHAM: Right, yes.

PHILLIPS: A lot of people extremely worried about them coming into our own backyard.

GRAHAM: Right.

PHILLIPS: What do you do with them?

GRAHAM: Well, you do what America's always done when it's at war, you provide our values, not the enemies' values. You make sure that every detainee will have their day in federal court. That no one would be held as an enemy combatant without an independent judiciary agreeing with that decision.

If you decide to try somebody for war crimes, try them in the military, because they're enemy combatants. That's what we've been doing for 200 years. The judges and jurors and the lawyers in the military legal justice system are very good. They're the same ones that administer justice to our troops.

So, if you have a trial, have it in the military. You can improve the Military Commissions Act. Make it different and better than the Bush administration.

And for those who can't be repatriated, but are too dangerous to be let go, make sure the evidence supports they're part of their enemy force, they're enemy combatants. And have an annual review process or semiannual review process for all the agencies of the government would look at the case and decide whether or not to continue to hold that person or let them go.

PHILLIPS: So...

GRAHAM: Under the law of war, you can hold someone off the battlefield as long as they're dangerous. Under common criminal law, you can't hold a person indefinitely without a trial. So, the first mistake we could make would be to criminalize the war. Keep it in the law of armed conflict setting, and it all works out.

PHILLIPS: All right, so you're saying to try them through the military tribunal procedure, not the civilian courts.

GRAHAM: Right.

PHILLIPS: OK. But where do you keep these guys?

GRAHAM: OK. Right.

PHILLIPS: Do you build new detention centers? Do you put them in other prisons that exist in the U.S.?

GRAHAM: Great question. It depends on how many you have.

You keep them in a place that you can easily defend. That you can put a perimeter around the prison. Because it's a likely terrorist target. You keep them in a place away from the population center. You make sure it's military jail. That's the beauty of Guantanamo Bay. It's a great location.

But I understand the president's need to start over. I want to work with the president.

I don't want anyone to be held in an American military prison where the world thinks we did it arbitrarily. I want to make sure that every detainee has their day in federal court. And if they go to trial in the military system, that it be open and as transparent as possible.

And if we decide to keep someone in prison and not go to a war crimes trial, that they're going to have due process rights. That there will be a case made that they're an enemy combatant, they just won't be forgot.

PHILLIPS: OK, I understand the court system that you're pushing for, but where will they be held? You are saying in military prison. Where are you talking about? Are you talking about...

GRAHAM: Well, what I don't want to do is get ahead of the president here. I want to be his partner. I understand nobody wants...

PHILLIPS: But what would your idea be? Because that seems to be the big concern, where do you put them? Do you put them in small town detention centers that have been empty in Hardin, Montana, or do you put them in...

GRAHAM: Why? You know, they actually want them, don't they?

(CROSSTALK)

PHILLIPS: They do want them. There's a lot of controversy. GRAHAM: But let me just say this to the American people. We had 450,000 Japanese interment prisoners housed during World War II. As a nation, we can deal with us. We can showcase our values to the world, we can render justice in a fair and impartial way, and we can protect ourselves against a vicious enemy.

We can find a place to locate these prisoners where they won't be abused, but they will be protected and we'll be protected from them. And when we find a way to try them, we can find a way to keep them off the battlefield with due process. All of that's possible. We got to do it together in a bipartisan fashion.

And the reason the House didn't give money to close GITMO is that no politician is going to close GITMO until we know where they're going to go. Just like you're asking me, where do you put these people?

PHILLIPS: So bottom line, we don't know?

GRAHAM: Bottom line is we don't know where we're going to put them or what we're going to do with them. And the purpose of the op- ed piece is to suggest what to do with them. Once you understand what to do with them, it'll be easier to sell where to put them.

PHILLIPS: All right, so real quickly, so to suggest where to put them. So, where do you put them? You got to give me something. What's in your head? What are you thinking? Where do you put them?

GRAHAM: A Guantanamo Bay-like place that is isolated, that is easily defended, that is controlled by the military. There's several sites being considered.

But I'm not going to get ahead of the president. I want to be his partner on this and I want to help him.

PHILLIPS: Yes. Senator Lindsey Graham, appreciate your time.

GRAHAM: Thank you.

PHILLIPS: All right.

Small town police force accused of highway robbery. Cash and property taken from drivers under a forfeiture law, but there are questions about where the money went.

(COMMERCIAL BREAK)

PHILLIPS: Well, it's being called highway robbery. Police in small town Texas, accused of targeting minority drivers and taking their money. Texas, like a number of states, has a forfeiture law. It lets the law seize property from suspects, but one town may have gone too far.

Here's our Gary Tuchman who tracked down an officer and a district attorney who really didn't want to talk to CNN.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): Many of the drivers pulled over on Highway 59 tell us they are guilty of one thing and one thing only, driving while black or Latino. So, we didn't expect the cop who many are complaining about to be this man. His name is Barry Washington.

(on camera): It seems like you guys pull a lot of people over, though, and take their money and take their belongings more than I've seen in any town before. What's your response to that?

OFFICER BARRY WASHINGTON, TENAHA, TEXAS, POLICE: Cannot make a comment. This is on litigation. It's a lawsuit.

TUCHMAN: Well, I appreciate your courtesy to me but...

WASHINGTON: Yes, sir. Yes, sir.

TUCHMAN: But that's the story we're doing. It just seems like there's a propensity to do that.

WASHINGTON: I don't have anything to say to you right now. And I've told you that twice.

TUCHMAN: OK, OK. Well, can I just ask you one final question?

WASHINGTON: You guys have a safe trip. Have a good day.

TUCHMAN (voice-over): The district attorney wasn't as easy to find. We made repeat visits to her office.

(on camera): We came here yesterday and we asked if she would be in today, and we were told she would be in today.

UNIDENTIFIED FEMALE: I thought she would be, but she's not. That's all I can tell you.

TUCHMAN: But you can't tell me if she's not on vacation or just not wanting to talk to us.

UNIDENTIFIED FEMALE: It's none of your business what she's doing.

TUCHMAN: Well it is her business to the taxpayers who pay her salary. So it really is the public's business. So...

UNIDENTIFIED FEMALE: That's true.

TUCHMAN (voice-over): Ultimately, they told us she would have no comment.

So we looked elsewhere for D.A. Lynda Russell. And we found her. On stage, belting out country tunes at a fire department fundraiser. We couldn't get near her until the event was over.

(on camera): Miss Russell? UNIDENTIFIED MALE: Yes.

TUCHMAN: Miss Russell?

UNIDENTIFIED MALE: She doesn't care to speak to you.

TUCHMAN: Miss Russell, my name is Gary Tuchman with CNN. Miss Russell, I just want to see...

UNIDENTIFIED MALE: She doesn't want to talk to you.

TUCHMAN (voice-over): But we kept trying because we'd found even more about her that raised serious questions.

Texas law states when money and valuables are legally taken from motorists for crimes, it can only be used for the official purposes of the D.A.'s office and for law enforcement purposes for police. We acquired copies of hundreds of checks the district attorney wrote over the last two years. The entire account funded only with money the cops took from drivers they stopped on the highway.

Official purposes? The documents show the D.A. has given herself wide discretion on how she spends the forfeiture money. Here's a check and receipt for a popcorn machine and popcorn costing $524.

Here's another one: $195 for a poultry festival. She bought Tootsie Pops and Dum-Dums and Double-Bubble for the event.

Here's one for 400 bucks for catering from Pete and Jennifer's Bar-B-Que (ph).

More records show she made donations to clubs and organizations she seems to like. Including the local chamber of commerce, youth baseball. Good causes, but official business?

(on camera): According to the check registry from the district attorney's forfeiture fund, these two checks totaling $6,000 were given to the Baptist church in Tenaha.

(voice-over): But this one, this check really stands out. This is the check the D.A. wrote for $10,000 and paid directly to Police Officer Barry Washington for what are described as investigative costs. So, we wanted to give the D.A. a chance to explain. Why would she write such a huge check directly to a cop and why it seems the cops are targeting so many minority drivers?

UNIDENTIFIED MALE: She doesn't want to speak to you, guys.

TUCHMAN (on camera): Sir, I'm not asking you. If she doesn't want to comment, she can tell me. She's the district attorney.

UNIDENTIFIED MALE: She doesn't even want to speak to you.

TUCHMAN: I know. I need to give her the opportunity. That's my job, to get both sides of the story.

UNIDENTIFIED MALE: She knows that she has the opportunity, she doesn't care to speak to you.

TUCHMAN (voice-over): The D.A.'s personal attorneys did give CNN a general statement. "Ms. Russell has denied and continues to deny all substantive allegations set forth... [She] has used and continues to use prosecutorial discretion... and is in compliance with Texas law, the Texas Constitution, and the United States Constitution."

George Bowers has been mayor here for 54 years. The class action suit also names him.

MAYOR GEORGE BOWERS, TENAHA, TEXAS: We try to hire the very best trained, that have all the training and we keep them up to date on the training, you know, where -- where they will follow the law.

TUCHMAN (on camera): So you have faith that they've done the right thing?

BOWERS: That's right.

TUCHMAN (voice-over): All the defendants in the lawsuit deny the allegations and say they followed the law. The Hendersons (ph) and Amonty Busby (ph) spent a lot on attorneys and eventually got their cash back.

But Roderick Daniels, like scores of others, who has been charged with nothing, is still out the $8,500 the cops took from him. For a husband and father of four, it's a lot to lose.

RODERICK DANIELS, STOPPED BY POLICE: To this day, I didn't understand why did they take my belongings off me?

TUCHMAN: Maybe he'll find out some day. From the cop...

WASHINGTON: This is on litigation. We'll just see what happens in a courthouse.

TUCHMAN: ... or from the country singer, whose day job may be getting her in big trouble.

Gary Tuchman, CNN, Tenaha, Texas.

(END VIDEOTAPE)

PHILLIPS: I'll see you back here tomorrow, Rick Sanchez takes it from here.