Return to Transcripts main page
CNN Newsroom
Feds Sue Arizona Over Immigration Law; Russia: Spy Swapping Deal Possible
Aired July 07, 2010 - 10:00 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. Let's check our top stories at the top of the hour.
The military charged a U.S. soldier in Iraq with leaking classified information. He's suspected of transferring the video of a military operation to his personal computer. This footage shows a 2007 helicopter attack near Baghdad that killed dozens of civilians and two journalists from the Reuters news service. This aerial footage was posted on the Web site Wikileaks.
Day 79 of the oil disaster in the Gulf of Mexico. And for many weeks, people have been looking to relief wells as the final solution. But, now, there's words that BP has its doubts. The chief of Gulf Coast restoration, Bob Dudley, tells PBS that the corporation is looking at two other options that would, quote, "divert the flow."
And the real life thriller playing out in the federal courts may get even juicier today. Three of the 10 people accused of being in a Russian spy ring are scheduled for a federal court hearing in Virginia. Details are expected to come out. Two of those three have already admitted that they are Russian and have been living under false names.
You knew it was coming. The fed suing Arizona, trying to stop its tough new immigration law before it takes effect July 29th. So, what would S.B. 1070 do?
It requires immigrants to carry their alien registration documents at all times. It requires police to question people that they think might be in the country illegally. And it targets businesses who hire illegal immigrant laborers.
We're getting reaction from all angles, from the governor of Arizona, who feels the feds failed their state when it comes to the immigration law.
(BEGIN VIDEO CLIP)
GOV. JAN BREWER (R), ARIZONA: We need the federal government to do their job, and if they don't do it, then Arizona will.
(END VIDEO CLIP)
PHILLIPS: And we're also hearing from opponents, like a Phoenix-based reverend preaching against the new law.
(BEGIN VIDEO CLIP)
REV. WARREN STEWART, FIRST INSTITUTIONAL BAPTIST CHURCH: Shame on our governor and legislators for causing this to happen to this state. And they haven't seen the repercussions yet.
(END VIDEO CLIP)
PHILLIPS: Now, Arizona ranchers are hoping an immigration crackdown will lead to safer streets.
(BEGIN VIDEO CLIP)
HOWARD HUNT, ARIZONA RANCHER: The heck with Afghanistan, the heck with Iraq, the heck with the rest of them. How about us?
(END VIDEO CLIP)
PHILLIPS: And let's not forget the Mexicans who are legal residents in the U.S. worried that the new law will lead to racial profiling.
(BEGIN VIDEO CLIP)
JUAN CASTANEDA, ARIZONA RESIDENT: I'm here legally, but I'm still brown. They're still going to stop me, you know? They're going to question me because of my color of my skin.
(END VIDEO CLIP)
PHILLIPS: CNN's Casey Wian has been covering this story since Governor Brewer signed the bill into law in April. He's going to join us from the west coast in just a minute.
But, first, we want to talk to our White House correspondent, Suzanne Malveaux.
How is the White House building its case here?
SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well, Kyra, there are a number of things that they're doing.
First of all, they're taking the legal argument -- they're making this case that, look, this is not an issue of a violation of civil rights per se, but they say this is a case of states versus federal rights and responsibilities, and ultimately, it is the responsibility of the federal government to protect the border and that that cannot be taken usurped by the states. They cannot take over that particular job. That's the main argument that's being made here in this lawsuit.
But the president also, Kyra, is making a bigger point here, because he believes you can't have this patch work of laws for different states all throughout the country, that you have to have something that is uniform and comprehensive, and that is why he is pushing forward his comprehensive immigration reform legislation.
I want you to take a listen to how the president is setting this up and pitching this to the American people.
(BEGIN VIDEO CLIP)
BARACK OBAMA, PRESIDENT OF THE UNITED STATES: States like Arizona have decided to take matters into their own hands. Now, given the levels of frustration across the country, this is understandable, but it is also ill-conceived. And it's not just that the law Arizona passed is divisive, although it has fanned the flames of an already contentious debate. Laws like Arizona's put huge pressures on local law enforcement to enforce rules that ultimately are unenforceable. It puts pressure on already hard-strapped state and local budgets.
(END VIDEO CLIP)
MALVEAUX: And, Kyra, you want to talk about huge pressure -- there's also the back story of this all, and that is the fact that the president, President Obama, is getting huge pressure from Hispanic groups, from Latino rights advocates, who are saying, look, you know, you promised comprehensive immigration reform in your first year in office. He didn't -- he wasn't able to deliver that promise, but they want to make sure that he's on the right side, if you will, of this issue, they feel that he is moving forward, that he's doing the right thing.
And the president is pushing that forward, saying, look, we need to find a way to help the illegal immigrants who are in this country gain citizenship, to earn that citizenship, at the same time, dealing with border security.
PHILLIPS: Suzanne Malveaux at the White House -- Suzanne, thanks so much.
Now, Casey Wian, you're in San Francisco. You heard what Suzanne had to say. Take us now to the state law -- Governor Brewer and other politicians sticking by the law.
CASEY WIAN, CNN CORRESPONDENT: Absolutely. They say that the federal government has failed to do its job, not just the Obama administration but several previous administrations do its job in terms of securing the border, in terms of enforcing immigration law, and they say that no matter what happens with this federal lawsuit, they are going to continue to press forward with the implementation of this legislation.
What's interesting is that the federal government has challenged Arizona before, and Latino rights groups and other advocacy groups have challenged Arizona's previous efforts to regulate illegal immigration.
In recent years, they passed several state measures, including one that requires voters to provide identification at the polls -- that law intended to make sure illegal immigrants weren't casting votes; also laws requiring businesses to use the federal government's E-verify system. They make sure that the employees that they're hiring are not illegal immigrants.
Both of those laws were challenged in court and so far have held up to those court challenges. So, the supporters of S.B. 1070 say they have the law on their side, Kyra.
PHILLIPS: Well, jurisdiction over immigration law, the only issue that the federal government is raising in this lawsuit -- it's not the only issue that it's raising, right?
WIAN: That's right. It's the main issue, but in the lawsuit, if you read the whole thing, it's pretty detailed. And one of the things that the federal government is concerned about, and this is something that angers those who support the law, is the fact that it's -- according to the lawsuit -- hurting the United States' relationship with Mexico and with other nations.
Of course, there had been strong condemnations from the government of Mexico because so many of its citizens could be affected by this law. They've issued travel advisories, warning Mexican citizens to stay away from the state of Arizona because of the potential implementation of this law.
Another issue that was raised in the federal lawsuit is the fact that the federal government, for years, has had a policy of targeting only the most dangerous illegal immigrants for arrest and deportation. This law, they say, is in conflict with that, Kyra.
PHILLIPS: Casey Wian, thank you so much.
So, bottom line, what's going to become of this lawsuit?
CNN's senior legal analyst, Jeffrey Toobin, talked about that.
(BEGIN VIDEO CLIP)
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Anything that relates to foreign policy, that relates to relations with other countries, that is considered very much the province of the federal government as opposed to a state government. What makes this an interesting lawsuit and not a slam-dunk for either side is that immigration, traditionally, has been an area where there's been a lot of cooperation between state governments and federal governments.
True, federal law is preeminent, usually.
DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Right.
TOOBIN: But it's not an area like war and peace, which is completely the province of the federal government.
So, I think it's not an easy case for the judge that gets it. But, you know, both sides have a plausible claim here.
(END VIDEO CLIP)
PHILLIPS: So, what do you think about the federal action against the Arizona immigration law?
Josh Levs is tracking your reactions.
Josh, what are people saying?
JOSH LEVS, CNN CORRESPONDENT: Yes, it always gets fiery when we talk about immigration, Kyra. And we are finding that various places online, including right here at CNN, you're interacting with us, where people are weighing in on this up to this minute.
Let me take you through some of the latest quotes we're getting. Some people weighing in on CNN.com directly on the story itself where they have this sound-off section.
"I think the federal government is embarrassed that a state is choosing to enforce one of the federal government's laws and this is the only way our government can save face."
Let's look at another one here from JM Reyes. "So, the federal government is challenging a law they themselves should be enforcing? And we're supposed to trust them to handle health care?"
There's someone on the other side. "The Arizona law is strictly political. In this tough economy time, people always blame immigrants, legal or illegal."
I know we're getting a lot of stuff at Facebook. We've been taking a look up until right now. But what some people are saying -- here's someone saying, "Nor shall any state deprive any person of life, liberty, or property, without due process of law. I'm thinking this may cause Arizona to be out of bounds." It's Jennifer Beadle.
Let's hear from Jeff Clark. "It seems to have done its job already," he says, "by re-sparking the immigration debate in D.C. Just to remember to alter the wording on the base of the Statue of Liberty," he says. And then he refers to this "tired, hungry and poor." He says you might want ot mention "white that out" in the bill.
Let's get in one more, from Zelda Moronia. "When will government types realize that every time they slam a law protecting Americans, they are signing their own suicide note?"
A lot of interesting opinions there. Here's how you can weigh in throughout the show today. We're talking to you on the blog and on Facebook and at Twitter. I'm JoshLevsCNN.
And one thing I'd really like to encourage you to do is to listen to each other, you know, we have this civil discussion.
And I'll tell you, Kyra, there are some people along the way who are actually responding to each other and seem to be listening. That's the most we can hope for, some discourse amid all this rancor.
PHILLIPS: Josh, thanks.
LEVS: You got it.
PHILLIPS: Straight ahead: hundreds of our vets possibly exposed to HIV and hepatitis, all because of dirty colonoscopy equipment.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We, veterans, and our life is in their hands.
(END VIDEO CLIP)
PHILLIPS: And we first brought you this story 16 months ago. But it turns out that dozens of other patients may be at risk and no one told them until now.
ROB MARCIANO, AMS METEOROLOGIST: I'm Rob Marciano on the CNN severe weather center.
Sizzling in Central Park again. It was 102, 103 measured in the shade. That doesn't include humidity and it's going to be just as warm today.
That, plus, the potential of a tropical storm brewing in the Gulf. We'll be right back.
(COMMERCIAL BREAK)
PHILLIPS: Scanning your morning passport this morning in France, Manuel Noriega sentenced to seven years in prison. Just add money launderer to the long list of labels, which includes dictator, drug trafficker and CIA asset. Noriega was also fined nearly $3 million, which is the total that he was accused of laundering through French banks.
A strange thing happened when Israeli Prime Minister Benjamin Netanyahu visited President Obama yesterday. He arrived in Washington, but guns belonging to his security agents didn't. Now, both Israeli and U.S. authorities are investigating. We're talking about four 9 mm Glock handguns.
WNBC News reports that the handguns were mistakenly put on an American Airlines flight from New York to L.A., not Washington. But by the time the luggage was found, the guns had disappeared.
A case of espionage that gets better than fiction. Remember the band of 10 suspected spies arrested late month and this sultry stunner who you can see more of, if you get my drift, on the Internet. Well, there's talk that Russia is willing to swap a spy that it has for one of those alleged deep-cover agents.
CNN's international correspondent, Matthew Chance, is joining us now from Moscow with more -- Matthew.
MATTHEW CHANCE, CNN INTERNATIONAL CORRESPONDENT: Kyra, thanks so much. That's right. It's a new twist in this U.S./Russia spy scandal.
What we're hearing from this prisoner in Russia, he was convicted of espionage, passing secrets to the United States back in 2004. He's told his relatives and his lawyers that he has been given every indication by the Russian security officials that he's been speaking to, that he is part of a prisoner swap deal that could see 11 people being held in Russian jails for spying for the United States and Britain exchange for those 10 detainees being held for -- as part of that suspected spy ring in the United States. The exchange, he says, could happen very soon, possibly as early as tomorrow.
Of course, there's no confirmation of this yet either from Russian officials or from U.S. officials. But it would be, of course, a big twist -- an important twist -- in this ongoing spy saga, Kyra.
PHILLIPS: All right. Matthew Chance, thanks so much.
Well, it's day 79 of the Gulf oil disaster. Weather, a cause of concern now for the Coast Guard. It's closely watching a system near the Yucatan Peninsula. High seas continue to hamper cleanup efforts.
And this is some disheartening news, to say the least: Bob Dudley, BP's chief of Gulf Coast restoration, says it's a reality now that those relief wells may not work. On PBS' "NewsHour" yesterday, Dudley admits that BP, along with the government, is exploring at least two other options now. Also, a new ship aimed at sucking more oil from the gushing well has been delayed, so as the arrival of a navy blimp that will be used to detect oil and direct skimming ships.
They're cleaning up parts of Oklahoma City today. Heavy raining yesterday in Oklahoma City swamped streets, flooded homes and businesses. And emergency crews were called in to try to rescue trapped residents. In a casino in El Reno, Oklahoma, two workers were injured when strong winds collapsed a concrete tent that they were setting up, or concert tent rather that they were setting up. That accident forced the casino to cancel last night's concert featuring rock guitarist Peter Frampton.
And in the Northeast, the story is blistering heat, record- breaking hot weather blamed for at least one death in Philly. More heat is on tap today, too.
Let's go straight to Rob Marciano at the CNN weather center for more.
Rob, it's not looking so good.
MARCIANO: No. When you look at some of these numbers that came in yesterday for record high temperatures, in Baltimore 105, 104 in Trenton, Central Park, 103. And remember, these temperatures are measured in the shade and they don't include humidity. So, if you're working outside in the sun and you coupled in humidity, it feels much, much warmer than that, dangerously warm in some cases.
Where are we right now? We are at 92 degrees in New York City, 92 degrees in D.C. And already, 93 degrees in Richmond and we're not even at the lunch hour. So, that gives you an idea of just how incredibly warm things are at the moment.
So, what's causing all this and will we see any sort of relief going forward as far as the overall weather pattern? The hot air, the core of it is over Delmarva right now, and that will slide a little bit further to the south. But, again, heat indices, what it feels like on you're body and inside, 100 -- at least 105 and again, in the hot sun, and if you're doing a sort of outdoor activity, that's going to feel worse than that.
The core of the heat will begin to slide a little bit farther to the south over the next couple of days. So, we'll see slow moderation of this. But still today, I don't think it's going to be cooler as far as what it feels like. New York to Philly to D.C., and even spots back towards the west, these heat advisories and warnings through the Ohio River Valley and Tennessee Valley and then back through parts of the western Great Lakes, this thing is beginning to get a little bit to more dicey.
We mention the showers and storms. Across parts of the mid- south and Oklahoma City and plains, they're around flash flood watch again today.
How much warmer do we think it's going to be later this afternoon? Ninety-nine degrees is the record high -- is the forecast high, 98 is the record, 101 expected for a forecast in Philadelphia, and 100 expected -- 101 expected in D.C.
I want to point out one thing here -- here's what's going on in the tropics. You know, of course, we had Alex last week. This is what could be our next storm, which would be Bonnie. Right now, the center of it is just about to emerge into the Gulf of Mexico. And you can kind of see back the last couple of frames here, some flare-up of thunderstorms yet.
So, this is not anything yet. It's just a disturbance. It could become our next tropical depression, which could become our next tropical storm. It's forecast track is somewhere in this general direction. How strong it gets, we'll just have to wait and see.
At the moment, it doesn't appear like it's going to become a hurricane or at least a strong one. But, as you know, Kyra, these things certainly bear watching this time of year.
PHILLIPS: Yes. And the Coast Guard keeping a close eye on it, too -- the cleanup efforts.
Thanks, Rob.
MARCIANO: You bet.
PHILLIPS: Reused colonoscopy equipment -- our vets deserved much better than that. Not being told about it for a year? That's right. Dozens of our vets put at risk for HIV and hepatitis, and they're just now learning about it.
(COMMERCIAL BREAK)
PHILLIPS: Dirty colonoscopy equipment putting hundreds of our vets at risk for HIV and hepatitis. We first brought you this story 16 months ago. Now, it turns out that V.A. hospitals didn't tell dozens of patients that they may have been exposed until now.
WSVN's Dianne Fernandez reports.
(BEGIN VIDEOTAPE)
DR. ROBERT JESSE, DEPUTY UNDER SECY. FOR HEALH FOR VETERANS AFFAIRS: It's inexcusable that these notifications were initially missed --
DIANNE FERNANDEZ, WSVN REPORTER (voice-over): Sixteen months after the Miami V.A. admitted reused medical equipment could have exposed 2,400 veterans to HIV, the hospital blaming a computer glitch to failing to notify 79 more they, too, were exposed.
JESSE: We took immediate action to review all patient records and through an exhaustive research, we have determined that we no other patients who have been missed.
FERNANDEZ: Now, a Washington-based internal investigation under way. The health systems director, Mary Berrocal, seen here during an interview in March of 2009, temporarily reassigned pending the outcome.
JESSE: And we will look for where there were lapses in the system, how they could have been prevented.
FERNANDEZ: All of it happening after a veteran called the V.A. in May to say he should have been tested but wasn't. An audit would reveal he wasn't alone.
Outside the V.A., veterans reacting to the news.
DANIEL BELLAMY, VETERAN: To me, it's lie kind of scary. Even though we are veterans and our life is in their hands, so I don't know. It's like certain things, like they are kind of scary sometimes.
JESSE: We do not believe that any veterans were actually infected by this process.
(END VIDEOTAPE)
PHILLIPS: But the fact was that they were exposed. And we will stay on top of the story. And we thank Dianne Fernandez from WSVN for bringing us the update.
Straight ahead: New Black Panthers in military-style uniforms outside a polling place in Philadelphia. Voter intimidation charges seriously scaled back.
Now, an ex-Justice Department lawyer is slinging some fiery accusations about double standards when it comes to race and civil rights. You'll hear from him.
(COMMERCIAL BREAK)
PHILLIPS: Top stories.
D.C. versus Arizona: It's on. The Department of Justice is suing the state over its tough new immigration law. Among other things, the law requires police to question people they think might be in the country illegally. The feds argue that states aren't allowed to make up their own immigration laws.
In a controversial last-minute decision, Hawaii's governor, Linda Lingle, vetoed legislation allowing same sex civil unions in her state. She says the issue needs to be put to a referendum and wants Hawaiians to vote on it.
And it's been five years since suicide bombers blew up four bombs in London, killing 52 people and injuring nearly 700. Four Islamic terrorists set off their bombs in three rush hour tube trains and a bus in 2005.
Former Panamanian dictator Manuel Noriega has been found guilty of money laundering in France. He's been sentenced to seven years in prison. He was extradited from the United States to France in April to face charges that he laundered drug trafficking profits of nearly $3 million.
Accusations about double standards at the Justice Department when it comes to race and civil rights. An ex-employee says the voting rights section is lawless -- and we're talking to him after the break.
(COMMERCIAL BREAK)
PHILLIPS: Explosive accusations against the Justice Department from a former employee. He says that a case of voter intimidation was scaled back all because of race.
We're going to talk to him about his testimony before the U.S. Commission of Civil Rights.
But, first, I want to set the scene. It's Election Day 2008, the day Barack Obama was elected president, and two members of the New Black Panther Party are in military-style uniforms outside a Philadelphia polling place, one of them with a night stick.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Hi. I'm here at 1221 Fairmount in Philadelphia. And there's a guy with a Billy club right here.
So, do you have any problems here? What's going on? Everything OK? Everything's fine.
UNIDENTIFIED MALE: What's the problem?
UNIDENTIFIED MALE: I'm just making sure.
UNIDENTIFIED MALE: Why y'all taking pictures?
UNIDENTIFIED MALE: I'm here. I'm just a media guy. And that's all I'm doing.
UNIDENTIFIED MALE: What media are you with, sir?
UNIDENTIFIED MALE: I'm with University of Pennsylvania.
UNIDENTIFIED MALE: Do you have a card, identification for that?
UNIDENTIFIED MALE: No. Who are you with? Sorry.
UNIDENTIFIED MALE: I'm security.
UNIDENTIFIED MALE: I mean, I'm not -- I have a poll watcher certificate so I can go inside.
UNIDENTIFIED MALE: All right. I'm just wondering why come up taking pictures.
UNIDENTIFIED MALE: I mean -- what?
UNIDENTIFIED MALE: I'm just wondering why everybody's taking pictures. That's all.
UNIDENTIFIED MALE: OK. I mean, I think you might be a little intimidating that you have a stick in your hand. That's why.
(INAUDIBLE)
UNIDENTIFIED MALE: Who are you? Who are you to decide?
UNIDENTIFIED MALE: I mean, that's a weapon. So, that's why I'm a little worried.
UNIDENTIFIED MALE: And who are you to decide?
UNIDENTIFIED MALE: I mean, I am a concerned citizen and I'm just worried that you might --
UNIDENTIFIED MALE: So are we. So are we.
UNIDENTIFIED MALE: OK.
UNIDENTIFIED MALE: That's why we're here.
UNIDENTIFIED MALE: OK. But you have a night stick in your hand.
UNIDENTIFIED MALE: So what.
UNIDENTIFIED MALE: I mean --
UNIDENTIFIED MALE: You got a camera phone.
UNIDENTIFIED MALE: I have a camera phone, which is not a weapon.
UNIDENTIFIED MALE: There you go.
UNIDENTFIED MALE: All right. Never mind. I think I'm going to call the police.
(END VIDEO CLIP)
PHILLIPS: Okay, so if you were a voter there, would you feel intimidated, threatened or coerced? That's how the Voter Act defines intimidation, and initially the Department of Justice did file suit against the New Black Panther Party, its leader and both men in the video. But eventually, most charges were dropped.
J. Christian Adams, a former Justice Department lawyer, just testified to the Civil Rights Commission, saying that the Voter Rights division within the DOJ is, quote, "lawless." And Ashley Taylor is one of the eight members of the U.S. Commission on Civil Rights. We'll get to you in just a second, Commissioner.
But Christian, I want to go ahead and start with you. Once again, you just saw the video. We all have seen the video. We've seen it a number of times. The New Black Panthers standing right there in front of the polls in a largely black neighborhood. However, a spokesperson from DOJ said that police taking statements at the scene didn't get complaints from voters.
So, tell me why you have become the whistle blower here and why you think it is a case of voter intimidation?
J. CHRISTIAN ADAMS, ATTORNEY: Well, Americans have a right to of vote freely without men with weapons standing in front of polls. That's one of the things that makes this country exceptional. It's not true that there weren't people intimidated, and the department knows that even the attempt to intimidate violates federal law. So, we just can't tolerate people showing up at polls with paramilitary garb and black boots and uniforms to scare people away from voting.
PHILLIPS: And you have actually said that you feel that the Obama administration and the president's attorney general, Eric Holder, have actually swept this case under the rug. Give me more specifics.
ADAMS: Well, there's no question there is open and pervasive hostility within the civil rights division and the voting section to erase neutral enforcement of the law. I have litigated many of these cases on behalf of all races of victims, --African-American, Hispanic and in this case white -- and there's no doubt about it, that people don't like these cases. There is a --
PHILLIPS: Why is that? Why do they not like these cases? I mean, this is what the Department of Justice is supposed to deal with.
ADAMS: That's what you would think. But there is open hostility. For example, they say, one person told the section chief, Christopher Coates, "Can you believe that we're go down to Mississippi in another case? Can you believe we're going down there to help a bunch of white people?" This goes on all the time. To the people who work there, they know it's true. We knew it was true. We just dealt with it while we were there.
PHILLIPS: So, are you saying the Department of Justice, in particular, the civil rights division of that department, is not doing its job fairly?
ADAMS: Well, race-neutral enforcement of law is a command in the Constitution, and if we fail to do that, we aren't upholding our obligation under the rule of law and under the Constitution.
PHILLIPS: Let me get what the DOJ -- DOJ did issue a statement to us. And I want to get your response, Christian. It says that, "The Department sought and obtained an injunction against the individual who brought a night stick to the polling place on election day. This was the only defendant known to have brought a weapon to the Philadelphia polling place during the election. After a thorough review, the top career attorney in the Civil Rights Division determined that the facts and the law did not support pursuing claims against the other defendants in the case. A federal judge determined that the relief requested by the Department was appropriate."
ADAMS: Well, two points. First of all, you can see in the video and all of America can see Jerry Jackson, he's the tall Black Panther who was working with the man with the weapon. The charges were dismissed against him even though he tried to block someone from entering the poll, and that testimony was given as testimony under oath -- that the victim was blocked from entering the building -- was attempted to be blocked.
So, I'll let the facts speak for themselves. I think most of America can see what's going on, and most of America doesn't like it.
PHILLIPS: Christian Adams, stay with me. Let's get to Ashley Taylor, commissioner on the U.S. Civil Rights Commission. Let me ask you, Commissioner, why take up this case, and do you think that DOJ is cooperating?
ASHLEY TAYLOR, COMMISSIONER, U.S. CIVIL RIGHTS COMMISSION: Well, the Civil Rights Commission has had this under examination for almost a year. And it's taken, frankly, some time for us to get a clear understanding of exactly what happened. We knew what everybody in America knew, and that is that a complaint was filed. The defendants did not respond to the complaint. The judge entered a default order and was open to entering a default judgment against all of the defendants initially named in the complaint.
The law didn't change, the facts didn't change, but for some reason, the case was not pursued. So, we have been asking for some time for an explanation, and finally, Mr. Christian -- Mr. Adams provided the explanation yesterday. There's been a change in policy, so that apparently now they consider a victim and whether or not that victim is worthy of protection under the Voting Rights Act, and that's not the standard that should be applied. It should be applied equally regardless of race or color or political affiliation.
PHILLIPS: Well, Commissioner, let me ask you, because this case divided your commission. Eight members on your commission, two of whom are Democrats. And one of your Democratic colleagues, Michael Yockey, says, quote, "It's incredibly shallow, expensive and partisan, and a one-sided farce." How do you respond to that?
TAYLOR: I respond to that by encouraging everyone to take a look at the statute under which we operate. We're and independent commission, and we don't have any enforcement authority. We are charged with asking questions and shedding light on particular civil rights issues and ensuring that the federal agencies charged with protecting civil rights are, in fact, doing their job.
So, I think we're doing exactly what we should be doing, asking questions, not accusing anyone of anything, but asking difficult questions and requiring a public explanation, particularly in a case like this where there was a default judgment that should have been entered against not only the individuals, but from my perspective, the party itself. They were a named defendant in this case, and Mr. Adams was prepared to bring testimony before the court from experts that have tracked hate groups, like the KKK and others to talk about this group, and it requires an explanation when you simply don't pursue the case that you filed against a group like this.
PHILLIPS: You bring up an interesting point because the New Black Panthers has been deemed an active hate group by the Southern Poverty Law Center. And I'm just curious -- as a commissioner and African-American male on the Civil Rights Commission, how do you feel about this New Black Panther movement versus the Black Panthers of the civil rights era?
TAYLOR: Well, I tell you, hate is hate. And hate is directed not just at white victims, and there's been a lot of discussion of the white voters who were intimidated on election day. But the hate that this group was spewing -- they not only are targeting white potential voters, but they targeted black poll watchers as well. So, from my perspective, I take no comfort in the fact that they're a African- American group. They're no different than any other hate group, and it's something that certainly shouldn't be tolerated in the polling booth.
PHILLIPS: And we do have a statement from the New Black Panther Party, responding to this case, and it talks about the fact that one individual was relieved of duty there and told that he couldn't go to polling places through 2012. But it also goes on to say that this is a phony hearing, and it says, "The phony hearing and all these efforts by these right-wing Republicans today reeks with hypocrisy and the stench of a political vendetta."
TAYLOR: I think that's a difficult charge to levy, given the allegations in the complaint to which they did not respond and that were accepted by the court. It's not something that I can explain. I would have asked them to, frankly, come forward and defend themselves in court against these charges. That's where these things should have been hashed out, and unfortunately that process was truncated early.
PHILLIPS: Commissioner Ashley Taylor, Christian Adams, we'll obviously continue to follow this case. Appreciate both of you for spending some time with us today.
TAYLOR: Thank you.
PHILLIPS: Washington, D.C. versus Arizona. It's on. The feds hoping to kill the state's new immigration law before it kicks in.
Here's a question, does the lawsuit have legs? We'll look for those answers in two minutes.
(COMMMERICAL BREAK)
PHILLIPS: Checking top stories now.
The military has charged a U.S. soldier in Iraq with leaking classified information. He's suspected of transferring a video of a military operation to his personal computer. That footage shows a 2007 helicopter attack near Baghdad that killed dozens of civilians, including two journalists from the Reuters news service. This aerial footage was posted by the Web site Wikileaks.
Day 79 of the oil disaster in the Gulf of Mexico. And for many weeks, people have been looking to relief wells as the final solution. But now there's word BP has its doubts. The chief of the Gulf Coast restoration, Bob Dudley, tells PBS that the corporation is looking at two options that would quote, "divert the flow."
And the real-life thriller playing out in the federal courts may get even juicier today. Three of the ten people accused of being in a Russian spy ring are scheduled for a federal court hearing in Virginia. And more details are expected to come out. Two of the three suspects have already admitted that they are Russian and have been living here under false names.
We're going to keep pushing forward. The big new development with Arizona's immigration law. The feds now suing to stop it, saying immigration laws are Washington's business. Arizona claiming that the feds have dropped the ball at the border and forced the state to act.
Jodie Heisner is a journalist at KNX -TV (sic) in Phoenix. She is covering the story. She has actually talked to a law professor about what's next. Jodi?
JODIE HEISNER, KNXV-TV CORRESPONDENT: Well, Kyra, I have the lawsuit right here. The 25-page lawsuit that we here in the state of Arizona have, quite frankly, been expecting for several weeks.
However, this is really putting the crunch on us here in Arizona. The law is expected to be enforced as early as July 29th. But now many are questioning whether or not that will even happen, and both sides are, quite frankly, going to have to scramble.
(BEGIN VIDEO CLIP)
STEVEN GONZALEZ, PHOENIX SCHOOL OF LAW: First, the court has to decide whether or not to combine all of the cases that have been filed, and that's very likely, and pretty routine, actually. But secondly, as you mentioned, there's the injunction. The court has to decide should we stop enforcement from going into effect temporarily until we have a chance to decide the whole case. And then they'll be the arguments on the merits, whether or not the law violates the Constitution.
(END VIDEO CLIP)
HEISNER: Another question many in the state of Arizona have is if the injunction does not happen and the law is enforced and people are convicted under this law, what happens if it is deemed unconstitutional? Our expert said he believes those convictions would then be overturned. Kyra?
PHILLIPS: So, Jodie, what's the sense from everyday, ordinary people living in your state? What has been the reaction through the night, and activists -- what are they planning on doing next?
HEISNER: Well, people are certainly talking out here in the state of Arizona. This is obviously the hot topic. But many are in support of the lawsuit. Others are against it. Many on both sides, though, are saying they're upset because they're concerned about the cost to the state of Arizona that this lawsuit is going to have.
PHILLIPS: It's already affected a lot of jobs. A lot of boycotts we've seen even across the country. Jodie Heisner, appreciate your reporting today. Thank you so much.
Get a job or get paid. That may sound strange, but it's happening on the campus of a Michigan community college. That story ahead in "Building Up America."
(COMMERCIAL BREAK)
PHILLIPS: Near double-digit unemployment across the nation. Michigan is among the highest, but under a new program there, some jobless residents are going back to school and in a surprising twist, getting paid if they don't find work. CNN's Dan Simon explains in today's "Building Up America."
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: All right. Set it to the ground.
DAN SIMON, CNN CORRESPONDENT: Eric Gibbs works as a roofer, George Suffin an assembly line worker at GM; both now unemployed in the state of Michigan.
ERIC GIBBS, LAID OFF WORKER: When I got laid off from my roofing company job, I searched for probably a good six months straight, nonstop, eight to ten hours a day, applying anywhere I could. Driving anywhere I could. Going even to McDonald's and trying to apply.
SIMON: Equally bad luck for George, who at 56 has it even harder with employers.
GEORGE SUFFIN, FORMER ASSEMBLY WORKER AT GM: It became clear that the jobs I wanted weren't out there. The skills that I currently have; I needed a different skill set for the work I want to do.
SIMON: Then came along an offer that sounded almost too good to be true. And it came from the most unusual of place.
UNIDENTIFIED MALE: We need to be able to cut that out.
SIMON: Lansing Community College is hoping to attract even more students with this offer.
BRENT KNIGHT, PRESIDENT, LANSING COMMUNITY COLLEGE: Get a skill, get a job or your money back.
SIMON: Sounds like something from a late-night infomercial. Lansing says if you enroll in at school and do not find a job, it will, indeed, give you back your tuition money.
School President Brent Knight came up with the idea.
KNIGHT: This is an effort to try to help people who are very discouraged. Michigan has had high unemployment. So, there are thousands of people here who are discouraged and don't think that they can get a job no matter what they do.
SIMON: George and Eric see it as a win/win. They learn some new skills. If they don't find a job, there's nothing lost.
GIBBS: There's no way you can lose. If you don't get a job within 12 months, they give you your money back and you're in the same boat as you were since you started.
SUFFIN: Fairly confident. I think there will be job offers.
SIMON: A job or money-back guarantee might sound insane, especially during a recession. But Lansing is being careful about who they admit for what is now a pilot program. It's only available to 26 students they believe will be successful in the job market. And it's only available right now in two areas, one for computer machinists, the other for pharmacy technicians.
KNIGHT: We're acting like an employer, in a sense. We admit people to the program who we think an employer would hire.
SIMOND: If it's successful, Lansing will expand the program. A new spin on old-fashioned marketing; a money-back guarantee where this time the product happens to be an education.
Dan Simon, CNN, reporting.
(END VIDEOTAPE) PHILLIPS: So, did you hear about Lindsay Lohan's new role? She's going to be the star of her own jail cell. And no, she is not sneezing in this picture. She's realizing that reality can be a bear.
(COMMERCIAL BREAK)
(MUSIC PLAYING)
PHILLIPS: Time to take a break now from the day's news and lift up our fallen, sending our tributes to our men and women in uniform who died for us in Iraq and Afghanistan. We call it "Home and Away," and we'll tell you more about it in just a minute.
But right now, we want to honor sergeant first class Richard Hankiss. He died from injuries suffered in a roadside bomb blast in Iraq September 2006. His mom, Chris Stanton, wrote us and said that Rich was shy growing up, but that the Army gave him confidence and made him strong. Chris said he cared deeply for all who served with him. Knowing he died doing what filled his life eases my pain just a bit.
Rich was very proud of his two sisters. One is a missionary in Romania, the other a major on her third tour of duty in Iraq. Rich also leaves behind his wife, Karen Hankiss and their daughter, Isabel Joy.
Thank you, Chris, for sending us your memories. We're reaching out to all of you to do the same. Just go to our Web site, CNN.com/homeandaway. Put your service member's name in the upper right-hand search field, pull up the profile, add thoughts and pictures, and we'll keep that flame lit as a memorial always.
(MUSIC PLAYING)
(COMMERCIAL BREAK)
PHILLIPS: Lindsay Lohan. She went from "Freaky Friday" to weepy Tuesday. Did you see her in court yesterday, possibly hitting rock bottom? The judge handed out the penalty for missing court-ordered alcohol counseling.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Thirty days in jail on the first DUI case consecutive, and 30 days in jail on the second DUI case consecutive. That's 90 days in jail. The court is also going -
(END VIDEO CLIP)
PHILLIPS: Reality can be one mean girl, can't it? Lindsay has to begin doing her time on July 20th. Better get those roots done.
So, here's what her dad told CNN's Larry King about the sentence.
(BEGIN VIDEO CLIP)
LARRY KING, HOST, "LARRY KING LIVE": So, what's your reaction to the sentence?
MICHAEL LOHAN, LINDSAY LOHAN'S FATHER: Dismay, but at the same time, a little satisfaction that she's going to a rehab. But the last thing in the world I wanted was for my daughter to go to jail.
KING: Do you think 90 days was harsh?
LOHAN: Mr. King --
KING: Call me Larry.
KING: Larry, any time in jail is harsh. Especially for a young lady like Lindsay that doesn't need jail.
(END VIDEO CLIP)
PHILLIPS: So, do you feel as sorry for her as I do, which is not one bit? You know, with the economy and job market the way it is, honest people losing their jobs, homes and hope, an entire region directly suffering in the Gulf oil disaster -- I've got to say, not a lot of us don't have a lot of sympathy left for a rich and infamous drama queen who didn't bother to show up for alcohol counseling. Is it just me, or are some young stars brattier than the Brat Pack was back in the day?
So, what do you think about little miss thing not getting what she deserved? Did she deserve more? That's what we're talking about on the blog this morning. And guess what? Not a lot of sympathy out there for her.
This coming directly from Terry. "It's hard to feel sorry for someone who thinks they're above the law. Young, famous celebrities are pretty much given a pass. It's time they start paying the piper for their own stupidity.
This one comes from Dan. "What would I have gotten if my behavior in the past was like hers? I'm not a celebrity able to afford the best of attorneys. So, I would likely would have gotten at least a year behind bars."
And this one coming from Joyce. "Lindsay is a role model. This shows the kids that look up to her that if you play, you pay. She should stop whining and just grow up."
And finally, from BMG. "Tough love. Sometimes it's the only thing that works and it could be the thing that saves her life."
Remember, we love hearing from you. Just log on to CNN.com/kyra to share your comments. That does it for me. I'll see you back here tomorrow.
Tony Harris, we always give you tough love.
(LAUGHTER)
TONY HARRIS, CNN ANCHOR: Aww, Kyra, you have a great day. PHILLIPS: Everyday!
HARRIS: Every day, from 11 to 1 Eastern.
