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Tweets Used as Evidence?; Eight Years in Afghanistan: Now What?; Reading, Writing and Reform
Aired October 05, 2009 - 13:59 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Back in the old days, if you wanted to get the message to your people, you might use a bullhorn or a transistor radio. Well, those days are over. Now it seems people are using Twitter to spread their revolution.
And police might be turning those tweets against them. The FBI has come down on a man they claim used Twitter along with police scanners to help protestors at the G-20 last month to stay a step ahead of the police; basically tweeted them out of trouble's way.
Forty-one-year-old Elliott Madison of New York is charged with hindering apprehension or prosecution, criminal use of a communication facility and possession of instruments of crime.
Instruments of crime? Explain that.
Plus, the case raises questions about the law, free speech and the use of social media Web sites.
Let's talk about that with Vic Walczak, legal director for the ACLU in Pennsylvania.
So, Vic, why do you find this case so interesting?
VIC WALCZAK, LEGAL DIRECTOR, ACLU IN PENNSYLVANIA: Well, Kyra, first of all, thanks for having me on.
You need to understand that this is just part of a much bigger war on demonstrators that we've seen here in Pittsburgh in the last couple of weeks, folks who wanted to come out and express their disagreement with the G-20. What you have here is folks who are charged with hindering apprehension of people who were engaged in criminal activities.
The criminals identified in the warrant are protesters against the G-20 summit. And their crime? They were demonstrating in the street without a permit.
So, the police said get out of here. And apparently they did. And somebody was trying to help them not go where the police are. And instead of saying thank you, you're helping those folks disperse, they get charged with what is really a felony.
PHILLIPS: Well, what do you think about Twitter being described as an instrument of crime? WALCZAK: Well, you know, I find it a little bit ironic, because this is the first time we've heard of charges like this against people who are using Twitter. And incidentally, as you mentioned, it's people using Twitter to facilitate a demonstration.
If this happened in Iran or China, where we know Twitter has been widespread because folks in this country have been relying on it to find out what's going on, if it was used there, we'd be crying foul. We'd be saying it's a human rights violation. And when the same thing happens in this country, all of a sudden it's a crime.
There's a real problem here.
PHILLIPS: But if Twitter is being used -- and there were a couple of things here that the search warrant mentioned, and also the criminal complaint. We talked about avoiding apprehension after a lawful order to disperse. But what about the fact that he might have broken or violated federal rioting laws by using Twitter?
WALCZAK: Well, look, they could have charged them with hindering apprehension of people who are rioting. And if these folks were actively involved in either helping somebody break windows, or engaged in a riot, you can charge them as an accessory or as a conspirator. That's not what they've done here.
This is really creative charging. And what's most distressing is, if you look at all of the papers, the only criminal activity that they've identified that these folks were supposedly helping was failure to disperse in a public thoroughfare. And I can tell you, in Pittsburgh, there wasn't a whole lot of traffic that week because we had pretty much a police state here.
PHILLIPS: So, if you look at the constant -- you know, how technology is constantly changing -- and like you mentioned here, this is the first we've seen with regard to Twitter being used here as a way to charge somebody -- you know, how do you kind of keep up with that fast pace of changing technology and free speech and find a balance?
WALCZAK: Right. You know, it strikes me, this is not a situation where the law has failed to catch up with the technology. This is really a creative and I think inappropriate and potentially dangerous misuse of existing laws against a new communications technology.
Again, if you pull the lens back and look at what's happened in Pittsburgh over the last couple of weeks, it really was a war on demonstrators, all of which resulted in 15 broken windows by a couple of kids who came into town. And otherwise, they've used not only this kind of charge, but all sorts of intimidation to discourage, to intimidate and ultimately to prevent peaceful demonstrators from getting out their message against the government.
I mean, these would be considered dissidents in other countries and it would be a human rights violation. Why we're treating them as criminals here is really beyond me. PHILLIPS: Well, we'll follow the case and see how it all plays out.
Vic Walczak, appreciate your input today.
WALCZAK: Thanks, Kyra.
PHILLIPS: Appreciate it.
And we sure want you to be a part of this conversation as well. Let me know what you think on our blog at CNN.com/Kyra. Or, of course, you can Twitter me at Twitter.com/KyraCNN. I'll read some of your responses this hour.
Now to the other side of the world, a chunk of Afghanistan that doesn't seem suited for anything except perhaps war. Over the weekend, hundreds of Taliban militants attacked a U.S. outpost in Nuristan Province, and eight GIs were killed. It's the deadliest single attack on Americans in Afghanistan in more than a year. Two Afghan troops were killed as well.
This adds even more urgency as President Obama tries to craft a victory plan from the many conflicting ideas inside and outside his own administration.
Take a listen.
(BEGIN VIDEO CLIP)
GEN. STANLEY MCCHRYSTAL, COMMANDER, U.S. FORCES, AFGHANISTAN: I believe that the loss of stability in Afghanistan brings huge risks that transnational terrorists like al Qaeda will operate from inside Afghanistan again.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
GEN. JIM JONES (RET.), NATIONAL SECURITY ADVISER: I don't foresee the return of the Taliban. And I want to be very clear that Afghanistan is not in danger -- imminent danger of falling.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
RICHARD BARRETT, U.N. AL QAEDA/TALIBAN MONITORING TEAM: You can't necessarily say that if the Taliban were back, controlling chunks of Afghanistan, al Qaeda would immediately follow in, recreate their bases there and start mounting attacks against other countries.
(END VIDEO CLIP)
PHILLIPS: Now, last week in the NEWSROOM, I talked to CNN Senior Political Analyst Gloria Borger, who says the choices are tough but the fundamental issue is simple. (BEGIN VIDEO CLIP)
GLORIA BORGER, CNN SR. POLITICAL ANALYST: What the president is really most concerned about is not nation-building in Afghanistan. It's not political stability in Afghanistan. What the United States president is concerned about is whether al Qaeda is going to attack the United States again. And -- so those are the conversations that are going on internally and will continue.
(END VIDEO CLIP)
PHILLIPS: So what do the troops think?
Let's go ahead and head to Atia Abawi. She joins me now from the Afghan capital.
Atia, what are the biggest challenges for troops on the ground? What are they telling you?
ATIA ABAWI, CNN INTERNATIONAL CORRESPONDENT: Well, right now, they have a lot of challenges. There is still a threat out there.
The insurgency has strengthened right now. They're, in a way, arrogant at the moment. They've seen the summer, where there have been media reports that it has been the deadliest summer for coalition troops because it has been.
They have been successful when it comes to roadside bombs. Whenever you bring thousands of troops into a country, you will see casualties rise.
But what we don't hear, because the ISAF and the U.S. forces don't want to report this because they say it's really not their goal, what we don't hear is about the insurgent casualties. But I had a top international diplomatic source here in Afghanistan, a western diplomatic source, tell me that the insurgency has suffered this summer, too, that they've had several hundred, if not thousands, of deaths on their part. But obviously Saturday's attack that we saw, eight U.S. soldiers killed by an ambush, by the insurgency, shows that there are groups out there that still have the strength, that have the weaponry, and they have the logistics to coordinate such attacks.
And this is the stuff that the U.S. troops and the coalition troops here in Afghanistan have to face. But as we saw in those sound bites, whether it's a threat from al Qaeda, the Taliban, whether it's nation-building or political stability, it's all interrelated, especially when you talk to the government sources here.
Let's listen to what the minister of defense in Afghanistan had to say.
(BEGIN VIDEO CLIP)
ABDUL RAHIM WARDAK, AFGHAN DEFENSE MINISTER: I believe that victory is in our grasp, only we have to dedicate the resources which is required, because the whole campaign in Afghanistan was underresourced for many, many years.
(END VIDEO CLIP)
ABAWI: Minister Wardak is a man that is no stranger to war. He has witnessed war in Afghanistan for the past 30 years.
He himself considered an insurgent during the time of the Soviets, fighting the Soviet occupation. He says that this war is different, that the Afghan people actually welcomed the U.S. and the coalition countries, and he says that they need them.
He says that the Afghan forces, as well as the coalition force level right now, is insufficient, that they need those extra troops. He says that he supports General McChrystal's strategy because he believes that that is the only thing that will bring stability in Afghanistan. Therefore, wiping away the Taliban and wiping away al Qaeda -- Kyra.
PHILLIPS: Atia Abawi, live in Afghanistan.
Thanks.
And then back at the White House, President Obama plans to huddle again in about two hours with Defense Secretary Robert Gates, and tomorrow with leaders of Congress. He also got at least two more sessions with his so-called war cabinet, including cabinet secretaries, ambassadors and other top advisers.
U.N. relief workers were the targets today in Pakistan. A suicide bomber blew up inside the highly fortified compound of the World Food Program in Islamabad. Five employees were killed. The program is temporarily closing its offices but will keep trying to feed more than two million Pakistanis.
It's a critical week for health care in what's being called a critical year, getting ready for that battle over health care reform to shift into higher gear. The Senate Finance Committee plans to vote on its latest version of the reform bill this week. It could happen as early as tomorrow.
That version of the bill has so far rejected the so-called public option for health care insurance. The committee's vote is likely to ignite more heated debate in the House and Senate.
President Obama pushing forward his overhaul plans with a little help from some friends today. Physicians from across the nation surrounded him in the Rose Garden. Proof, he says, that doctors support reform.
(BEGIN VIDEO CLIP)
BARACK H. OBAMA, PRESIDENT OF THE UNITED STATES: I want to thank every single doctor who is here. And I especially want to thank you for agreeing to fan out across the country and make the case about why this reform effort is so desperately needed. You are the people who know this system best. You are the experts. Nobody has more credibility with the American people on this issue than you do. And so, if you're willing to speak out strongly on behalf of the things you care about and what you see each and every day as you're serving patients all across the country, I'm confident we are going to get health reform passed this year.
(END VIDEO CLIP)
PHILLIPS: The president adds that doctors took an oath to heal the sick and not to spend time on the phone with insurance companies.
It's Schoolhouse Rock for the 21st century. You remember our friends from the Ron Clark Academy. Well, I'll tell you, you can vote however you like. It's still stuck in our heads.
Anyway, they're tackling health care reform now with a new unforgettable tune. And you're going to hear it live.
(COMMERCIAL BREAK)
(WEATHER REPORT)
(COMMERCIAL BREAK)
PHILLIPS: It's all gone, all burned down -- a shop owner's agony in the aftermath of last week's deadly earthquake in Indonesia. Officials have called off rescue efforts and are now focusing on getting desperately needed aid to survivors. More than 600 people were killed, but the toll will surely rise as the missing are confirmed dead.
And the charge, attempting to blow up a Dallas skyscraper. A Jordanian teenager heading back to court in Dallas this hour. A federal judge will decide if there's enough evidence to push forward with the prosecution of the 19-year-old. If convicted, he could get life in prison.
And will the docs buy President Obama's health care reform plan? The ones in this picture say they're behind him 100 percent. They gathered with Mr. Obama in the Rose Garden as he took (AUDIO GAP) framing the debate on his terms. This happened as Congress gets down to the nitty-gritty of trying to hash out a bill that can be passed and signed.
All right. Let's stick on health care reform.
Private option, public option? Who's covered? Who's not? To figure it all out, you have to be smarter than a fifth-grader. Or do you?
Last fall, a group of talented middle-schoolers blew us away with their take on the presidential election.
Remember this song?
(MUSIC PLAYING)
PHILLIPS: Their performances definitely didn't stop there. These are the Ron Clark students. They were also on Oprah. They blew everyone away in Washington during President Obama's inauguration wrong. And now they've written a new song to take us to school on health care reform.
Great to see you guys again.
UNIDENTIFIED MALE: You too.
PHILLIPS: Oh, Willie.
This is the one that we all wanted to adopt.
Did you tell your parents I want to adopt you?
WILLIE THORNTON, RON CLARK ACADEMY: Yes, ma'am.
PHILLIPS: And what did they say?
THORNTON: They said, "Well, as long as you keep your room clean, we'll think about it."
(LAUGHTER)
THORNTON: I don't think they wanted to get rid of me, but then I was like...
PHILLIPS: You got too famous, right?
Really, Willie is just one of many of these incredibly bright students that join us again today.
And Osei and Kennedy, we talked last time, and I want you to give our viewers an example of how you guys debate in class and how you've turned those debates into music.
So, for example, let's say I'm the teacher, I just had you step up in front of the class, and I said, OK, let's talk health care, let's talk private versus public option.
Give me an idea of how you two would debate that in class.
KENNEDY GUEST-PRITCHETT, RON CLARK ACADEMY: OK.
Well, there are 47 million people out there without health care now. And so they're trying to come up with a private -- or should they have a private or a public option?
Under the public option, where everybody is covered and everybody gets health care, but the quality may go down. But if you have a private option, as we do now, which is kind of the problem, where not everybody's covered and the people who are covered are paying more for the people when they go to the hospital in the emergency room. They pay more for those people when they go. PHILLIPS: Now I see Osei wanting to step in there.
You would come back and say what to Kennedy?
OSEI AVRIL, RON CLARK ACADEMY: Well, I personally don't support a private/public health care plan. I support a marketplace health care plan with the nonprofits supported by the government, whereas the community can run their own health care and the health care businesses will be run by the people, and not a one-size-fits-all type health care plan. So, I think that would be the best for our economy right now, with people making the decisions.
PHILLIPS: What do you think, Willie? How'd they do?
THORNTON: I feel personally that we should stay with our current health care system, which is a private plan, because if we did go to the Obama administration's private and public plan, then not only would the people who are more wealthy, they would not only have to pay for their insurance plan, but they'll also have to pay for someone else's insurance, and then that's just making them have to spend more money and lay off more people, and therefore reducing our economy right now. We're in a deep recession right now.
PHILLIPS: Oh, my gosh. Once again, you guys amaze me.
See, everybody's watching. Aren't these guys incredible? It's amazing.
All right. Now, you've taken that debate, you've taken that information. Once again, you put it into song. So are you guys ready to perform once again?
GROUP: Yes, ma'am!
PHILLIPS: Oh, my gosh. I got a "Yes, ma'am."
All right. Take it away, guys.
(MUSIC)
PHILLIPS: Once again, the students of the Ron Clark Academy. I'll tell you what, if they aren't running this country, they are going platinum.
(COMMERCIAL BREAK)
PHILLIPS: Well, a new turn for the new court. In case you hadn't noticed, it's the first Monday in October, the traditional start for the work year for the highest court in the land. And it's the first Monday for Supreme Court Justice Sonia Sotomayor, who replaces David Souter in what looks like to be a very busy term.
Keep an eye out for Maryland versus Shatzer. The issue there, how long should a suspect's request for a lawyer be considered valid?
There's also Graham versus Florida, whether juveniles can get life without parole for crimes other than homicide.
NRA versus Chicago asks whether a landmark ruling on handgun bans in Washington applies to other cities, too.
And some say American Needle versus NFL may be the biggest legal ruling in the history of American sports. It centers on big-time sports leagues and antitrust laws.
And then there's Salazar versus Buono, whether a cross can be erected on federal land. And this isn't just any cross. It's a tribute to veterans that stood atop Sunrise Rock in the Mojave National Preserve since the 1930s. Nowadays, it's covered up, but the controversy is very much out in the open.
CNN's Kate Bolduan takes us there.
(BEGIN VIDEOTAPE)
KATE BOLDUAN, CNN CORRESPONDENT (voice-over): You could very easily drive right by or mistake it for a forgotten billboard in the middle of 1.6 million acres of desert. But inside is a cross boarded up by order of a federal judge, a cross creating a huge constitutional controversy.
(on camera): How many miles do you guys travel from your home to come take care of the memorial?
HENRY SANDOZ, UNOFFICIAL CARETAKERS OF CROSS: No, we don't really take care of it now because of the box, but we're 160 miles away from it now.
BOLDUAN (voice-over): Henry and Wanda Sandoz have been the unofficial care takers of what has for decades been known as the Mojave Memorial Cross, first erected in 1934 by their friend, a World War I veteran to honor fallen soldiers.
WANDA SANDOZ, UNOFFICIAL CARETAKERS OF CROSS: We just love our veterans and we feel that they should be honored. And this is right here in this little piece of our world, that's how we did it.
BOLDUAN: But it also sits in the Mohave National Preserve, a government land, and some now argue that cross is violating the constitutional guarantee of separation of church and state.
PETER ELIASBERG, ACLU OF SOUTHERN CALIFORNIA: What Bouno want is neutrality and a complete remedy here.
BOLDUAN: Peter Eliasberg is the ACLU attorney for Frank Buono, a former ranger who worked in the preserve, the man who filed the original lawsuit. While Buono is Catholic and a veteran, he says the Mojave cross should go.
ELIASBERG: For the government to say we're going to impose on each and every one of you veterans this religious symbol, even though for many of you it is not your religious symbol. That is not an appropriate expression of religion in public life. BOLDUAN: Jewish and Muslim veterans groups support Buono, but attorneys for the veterans of foreign wars and the Sandozes say the cross is a historical memorial not a religious symbol, warning the outcome of this case could have far-reaching implications.
HIRAM SASSER, LIBERTY LEGAL INSTITUTE: And this is the first one that's going up to the Supreme Court, and they want to make sure that this one prevails so that all the veterans' memorials with religious imagery across the country can be protected.
BOLDUAN (on camera): Why not just take this memorial, same cross, same memorial and just move it to a less controversial location?
H. SANDOZ: It was put here by the veterans for the veterans of all wars, and that's where it should stay.
BOLDUAN (voice-over): In recent years, the Supreme Court has taken a case-by-case approach on this issue, allowing the Ten Commandments to remain on public property in a Texas case. The same day ruling a display of the Ten Commandments in a Kentucky court house unconstitutional. With its caretakers anxiously standing watch, it's now up to the high court to decide the fate of this cross.
W. SANDOZ: I hope it won't be too long before we'll be able to look at the cross again, instead of a stupid box.
H. SANDOZ: Really. We'll repaint it.
BOLDUAN (on camera): No matter the outcome, this case could be a major test of if and where the government will draw the line when it comes to any private expression on public land.
Kate Bolduan, CNN, at the Mojave National Preserve.
(END VIDEOTAPE)
PHILLIPS: Swine flu vaccines being rolled out, but don't start lining up just yet. Nasal missed doses of the vaccines are at hospitals in Memphis and Indianapolis. Tennessee and Indiana are among the first states getting the H1N1 vaccines. Doctors, nurses, EMTs, people who work directly with patients are to be inoculated first. Everyone else can start lining up for the shots or the nasal mist next week.
And we knew autism in kids was a huge problem. We just didn't know how huge it was. New findings show that a sharp jump in the number of kids suffering from autism and related disorders. Here's CNN's Alina Cho.
(BEGIN VIDEOTAPE)
CHO (voice-over): If there was any doubt about the extent of autism, look here. 27,000 families, all affected by autism, walking for a cause.
CROWD: We did it! KATHLEEN LANESE, MOTHER OF TWO AUTISTIC SONS: Pretty soon there won't be anybody that doesn't know somebody that has a child with autism. We're everywhere.
CHO: A new comprehensive government study says 1 in 91 children in the United States has autism spectrum disorder. 673,000 children, more than 1 percent of the population of kids aged 3 to 17. Boys are four times more likely than girls to be diagnosed, 1 in 58.
The Centers for Disease Control calls the study significant. Autism, a serious issue that warrants urgent attention.
DR. JAMES PERRIN, AUTHOR OF AUTISM STUDY: It is staggering. It's quite amazing and I wish we had the answers for what's going on.
MARK ROITHMAYR, PRESIDENT, AUTISM SPEAKS: Is there a better diagnosis? Yes. Is there a wider diagnosis? Yes. But it doesn't account for these striking numbers. Something else is going on. The something else that's going on is we don't know.
CHO: A medical mystery. The study's author says part of the increase can be attributed to more awareness. Doctors are more willing to make the diagnosis than even three years ago. Parents are more willing to talk about it, but that doesn't explain everything. Buried in these numbers, they say, is a true increase.
Ari Kantor is moderate to severely autistic. He can read, write, even cook, but only with the help of his parents. At 13, he's still a child. But soon, Ari will grow up. Then what?
(on camera): They really have nowhere to go.
UNIDENTIFIED FEMALE: Nowhere to go. And we are wholly unprepared to help them. They may need different supports.
CHO: Such as?
UNIDENTIFIED FEMALE: Such as they may need a job coach.
CHO (voice-over): Ari's father great hope?
STEVE CANTOR, FATHER OF AUTISTIC SON: That he finds a place in society and society finds a place for him. I'm not smart enough to know what that place is.
UNIDENTIFIED FEMALE: That's the greatest fear. What will happen to him when we're gone? Who will love him? Who will watch him to make sure he's OK? Who will take care of him?
(END VIDEOTAPE)
CHO: That is the challenge of all parents of children with autism. The authors of the study say if there are 673,000 kids on the spectrum right now, won't be too long before there are 673,000 adults with autism. That presents special challenges with respect to housing, employment, social support and education. The study's authors say that's why this report is significant. And the mandate now, Kyra, is to look very closely at just how well prepared we are as a nation to deal with this. Kyra?
PHILLIPS: Alina Cho, thank you so much.
Straight ahead, a Texas D.A. again center stage, carrying a tune with gusto and facing the music with a whole lot of hutzpah (ph). You won't believe how she wants to fund her legal defense fund.
(COMMERCIAL BREAK)
PHILLIPS: New reminder of how dangerous Afghanistan is. Eight U.S. troops killed at a pair of outposts near the border with Pakistan. The deadliest weekend for U.S. forces there in more than a year. Tomorrow, the president plans to meet with congressional leaders to talk war strategy.
It's a new term for a new Court, and the justices are getting down to business. The court has already made one decision that could be a bombshell to the Roman Catholic Church. It's refusing to block the release of legal papers alleging priest sex abuse.
Sad news for gourmet food fans. After 70 years of culinary excellence, "Gourmet Magazine" is shutting down. Its publisher, Conde Nast, says it will stop printing it at the end of the year.
It's been one year since President Bush signed off on the $700 billion bailout known as TARP. Now, the program's top cop says not everything we heard at that time was true. CNNmoney.com's Poppy Harlow in New York. Poppy, what did we not know?
POPPY HARLOW, CNNMONEY.COM: Yes, well, Kyra, hindsight's 20/20, of course. But we have a new report out this morning from the folks that oversee TARP. The special inspector general, Neil Barofsky, is saying the feds were not entirely honest with the public a year ago when TARP came into action. The report finding the first nine big U.S. banks that were lent that initial $125 billion were actually not as healthy as the officials indicated at the time.
It says that former Treasury Secretary Hank Paulson was concerned one of the banks, Kyra, might even outright fail. We look back, we know the force behind TARP was getting the banks to lend again, stabilizing the financial system. But what Neil Barofsky is saying is that the Treasury painted an overly rosy picture of the situation. Take a listen.
(BEGIN VIDEO CLIP)
NEIL BAROFSKY, INSPECTOR GENERAL, T.A.R.P.: It raised unrealistic expectations by saying these are healthy banks this money's going to help them lend. One of the main points, which we describe in detail, was to prevent a systemic collapse. To provide stability, provide confidence to the market. And the TARP did help assist in doing all of those things. But restoring lending, it was just not a realistic expectation, and I think that the TARP, the credibility of the program, has suffers significantly because of those mis -- those representations and because of this sense that expectations were so high that this is going to be a fix-all to restore lending.
(END VIDEO CLIP)
HARLOW: To be fair here, the Treasury responded to that today, saying, and I'll quote, "While people may differ today on how the announcement should have been phrased, any review must be considered in light of unprecedented circumstances in which they were made. Kyra?
PHILLIPS: Poppy, TARP was set up as a loan. It's been one year now. Are taxpayers ever going to get back -- or see any of their money?
HARLOW: Some, but not all of it. It was a $700 billion program. $450 billion went out the door to those businesses. So far, the government has gotten back $80 billion. So, not nearly the majority there.
We've got billions outstanding that they'll likely not see. Some from AIG, some from General Motors, Chrysler. You've got Citigroup, Bank of America. What financial experts are telling us is that taxpayers, when all is said and done, Kyra, could stand to lose between $100 billion and $200 billion on TARP. It's an astounding number.
We have to see how it all plays out. It's outlined in this story on CNNmoney.com. So, some more reporting for the full story there, Kyra.
PHILLIPS: Poppy, thanks.
OK, a follow-up now to a story we brought you earlier this year. Remember Tennett (ph), Texas? Police there accused of pulling over drivers passing through town, most of them minorities and illegally seizing money, jewelry, you name it?
Well, the county D.A., Linda Russell, is named in a federal class action lawsuit filed on behalf of more than 100 drivers. The county and the state refuse to pay for her lawyers. Her Plan B? She wants use some of the assets seized by police to defend herself in a case involving seized assets. Say what? Well, the ACLU has filed a brief opposing that request with the Texas attorney general.
Prosecutors in Dallas are pushing forward the case against Hosam Smadi. He's the 19-year-old Jordanian who allegedly thought he was about to blow up a Dallas skyscraper, but really took the bait from FBI agents. No explosion, just handcuffs. Smadi's back in court this hour while prosecutors lay out what they have on him. A judge will decide if there's enough evidence for the grand jury to get the case. And where are Najibullah Zazi's traveling buddies, the ones prosecutors say went with him to Pakistan last year to learn all about bombs and blow-ups from al Qaeda? Turns out his friends might be back, and if they don't feel the FBI's, well, breath down their necks right now, just wait. CNN national correspondent Susan Candiotti pushes forward our "Security Watch."
(BEGIN VIDEOTAPE)
SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): When accused terror conspirator Najibullah Zazi traveled to Pakistan last year, what happened to the others who were with him? Sources close to the investigation tell CNN several of them are back in the U.S., presumably under surveillance. No one will say who, how many, or where they are.
RAY KELLY, NYPD COMMISSIONER: There's a significant amount of resources being devoted to it, and the investigation is going forward aggressively.
CANDIOTTI (on camera): You're confident that those people will not get away?
KELLY: Yes.
CANDIOTTI (voice-over): Prosecutors allege Zazi and others flew to Peshawar, Pakistan, in August, 2008. During FBI questioning, they say he admitted getting explosives training at an al Qaeda camp. Zazi has pleaded not guilty to a terror plot.
One of the people under nonstop surveillance is Naiz Khan. He is a childhood friend of Zazi and says he let Zazi stay at his apartment as an impromptu favor September 10th, after Zazi drove to New York from Denver.
Khan says the FBI also questioned him about traveling from Pakistan to New York on the same day as Zazi last January. Khan says it's all pure coincidence. He says they didn't fly to Pakistan with Zazi either and showed us his passport to prove it. He says he's not a terrorist and has not been charged in the case.
(BEGIN VIDEO CLIP)
NAIZ KHAN, ZAZI'S CHILDHOOD FRIEND: Every year I go three months, and then I come back. And I did not even know that he's coming or he's in Pakistan or not.
(END VIDEO CLIP)
CANDIOTTI: When Zazi returned from Pakistan, prosecutors say he and others bought large amounts of hydrogen peroxide and other chemicals from beauty supply stores in Colorado. Those were chemicals were bomb ingredients used in deadly terror attacks overseas. Man has learned the search for possible evidence has expanded to include fertilizer. That was a key ingredient in the Oklahoma City bombing. The FBI has been canvassing businesses including this New York landscaper asking about fertilizer sales and showing a binder of male photos. In the meantime, Zazi's uncle tells CNN, federal investigators flew him and his wife to New York last week to testify before a grand jury as part of an ongoing investigation.
(on camera): This case may be going full throttle, but as one source put it, "No one's ready to say the FBI has its arms completely around it."
Susan Candiotti, CNN, New York.
(END VIDEOTAPE)
PHILLIPS: You've heard the expression, "It takes a village to raise a child." We're learning it takes a community to chase out gangs. We'll take you to a place that's seeing results.
(COMMERCIAL BREAK)
PHILLIPS: There are an estimated one million gang members spread out in communities all across the United States, and they're a menace to our neighborhoods and our kids. CNN's Elaine Quijano looks at a program in Maryland, though, that's trying to help at-risk Latino teens.
(BEGIN VIDEOTAPE)
ELAINE QUIJANO, CNN WHITE HOUSE CORRESPONDENT: Langley Park, Maryland, just outside Washington. Some 16,000 people live here in less than a square mile, most of them Latino immigrants. By day, families enjoy neighborhood barbecues like this one, but at night, the neighborhood turns. Police say the notorious Los Angeles gang MS-13 and others hold sway over the community, scaring most people into staying off the streets.
JULIANNI ARIAS, 17 YEARS OLD (through translator): They're very bad. To guard their territory, they don't care what they do. For me, I don't like to walk around there.
QUIJANO: Seventeen-year-old Julianni Arias and her 15-year-old sister, Arianni, came to Langley Park from the Dominican Republic two years ago. They learned quickly.
J. ARIAS (through translator): It's like the worst part of Maryland. Sometimes people are like, OK, you're Latino, you're in a gang. You're involved in bad stuff. Yes, we live here, but just because we do doesn't mean we're all like that.
QUIJANO: The Arias sisters steer clear of gangs.
J. ARIAS (through translator): I had a classmate at school. He wasn't a gang-banger, but they killed him anyway, just because he crossed into the wrong turf. QUIJANO: The sisters have found refuge in a program called "Safer Latinos," started by college professor Mark Edberg who studied immigrants and youth violence.
MARK EDBERG, GEORGE WASHINGTON UNIVERSITY: The idea is to prevent factors in the community that contribute to violence.
QUIJANO: What's different, he says, is it takes on the problem from all angles, providing support and security, involving the families, school, and community.
EDBERG: One of the things that we hear a lot from youth that are in gangs are, you know, I joined the gang because the gang has my back. We try to understand what is it that we need to put in place in the community so that the community has their back.
QUIJANO: Like helping intimidated parents overcome language barriers with school officials, to keep better tabs on their kids' attendance, GED programs to help teens earn their high school diplomas, and activities like this neighborhood barbecue and a summer art program to keep kids and parents from feeling isolated.
For the Arias sisters, the program has also provided something even more valuable - hope.
ARIANNI ARIAS, 15 YEARS OLD (through translator): There are no limits. You can make your dreams come true in life -- anything you set your mind on.
QUIJANO: Safer Latinos million-dollar federal grant runs out soon. But Mark Edberg says the Arias sisters are success stories. And he's gathering information he hopes will show success on a wider scale. The goal? To get even more money and eventually bring the program to other communities.
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PHILLIPS: And later this month, only on CNN "LATINO IN AMERICA," a look at how Latinos are shaping this country's politics, business, schools and neighborhoods. That's October 21st and 22nd. See it right here on CNN.
Rick Sanchez, what are you working on back there?
RICK SANCHEZ, CNN ANCHOR: I got a couple of really good stories.
First of all, I'm not going to let this thing go. We've been on this thing about how much corporations control the votes or are able to influence politicians in this country. And look, this is not a Republican, this is not a Democrat thing. This is just all politicians.
Well, now there's a follow-up to that story because what we call SCOTUS, the Supreme Court of the United States of America is taking up a ruling, a decision that may end up actually -- well, it may end up taking some of that power away from the corporations or giving some of those corporations even more power. And that's why we're going to have Jonathan Turley on, a constitutional lawyer.
This is huge. This is kind of one of those things that affects every single American, and yet we don't often talk about it because some people don't think it's the most exciting kind of news story you can do. But it affects us in a really big way.
By the way, here's a silent times story for you. There is now a brand-new American Girl doll. Have you seen those American Girl dolls? My daughter has one. They're pretty cool. They're very expensive. And there's one now that actually represents a little girl who's homeless who lives in the car with her mother and is made fun of by other kids at school. That's a sign of the times.
PHILLIPS: What do you think about that as a parent?
SANCHEZ: I think if it tells a true story and it reflects something that's really happening out there, and it creates empathy in my child, I think it's good.
PHILLIPS: Amen. We'll be watching.
SANCHEZ: All right.
Want your kid to be a law-abiding grown-up? Well, try taking candy from a baby. A study in Britain finds that kids who grew up on junk food tend to be undisciplined, impulsive, sometimes violent adults. The research looked at 17,000 people born in April of 1970. Among those who have been convicted of a violent crime by their mid- 30s, seven in 10 report eating candy almost every day when they were little. Whether candy feeds antisocial tendencies or simply teaches instant gratification, I'll tell you what my mother told me: eat your veggies.
Two guys arrested for twittering. Their wi-fi gadgets called criminal instruments. We brought you this story at the top of the hour, and boy, you're tweeting on this. We'll keep it legal, but we won't hold back .
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PHILLIPS: This hour, we told you about the arrest of a New York man for using Twitter. The FBI says he used tweets to illegally help protestors at the G-20 summit last month in Pittsburgh. The ACLU tells me the arrest violated free speech. But the Pennsylvania State police released this statement: "All law enforcement agencies must keep abreast of developments in technology, both for determining how technology can help police better serve the public and for uncovering ways in which technology can be used to commit crime."
This one's got you talking -- or I should say tweeting.
AmyBlankenship wrote: "I think the Constitution states we have a right to assemble. If helping someone exercise this right is a crime, throw me in jail."
Thecardsharp writes, "Our freedoms are disappearing faster than available jobs."
Fallout666 says this: "What are people thinking? We all know in this day and age that anything you do on a computer will come back to you."
KayWynn writes, "Twitter updates on cops' locales crosses the line. Goes from the realm of freedom of speech to possibly aiding in criminal actions."
Thanks to all of you for your tweets. We sure appreciate it. I'm Kyra Phillips. We'll see you back here tomorrow between 1:00 and 3:00 Eastern time. Rick Sanchez now takes it from here.
