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Somali-Born Teen Arrested in Attempted Bombing; Classified Documents Leaked by WikiLeaks, Again; Examining Amanda Knox's Appeal; Face to Face With Salman Rushdie; Jacob the Jeweler vs. Courtney Love, Axl Rose to Guitar Hero: Get Rid of Slash

Aired November 27, 2010 - 12:00   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: I know you've been talking about this all morning long. We're going to continue on with this breaking story out of Portland, Oregon, where the FBI says it wrapped up a long-term terror investigation with the arrest of a teenage Somali national.

Agents say he wanted to detonate a van full of explosives at the city's tree-lighting ceremony last night. The suspect is identified as 19-year-old Mohamud Osman Mohamud. The FBI says he is a naturalized U.S. citizen and a student at Oregon State University. He has been arrested on the suspicion of attempting to use a weapon of mass destruction.

Joining me right now by phone is former assistant FBI director and CNN contributor, Tom Fuentes.

Tom, I hope you've had a good holiday weekend. It seems as though on holidays something like this is bound to happen and now we're talking about a long-term case that the FBI has foiled.

Give me an idea of what kind of evidence they believe they have to kind of end this investigation at this point.

THOMAS FUENTES, CNN CONTRIBUTOR: Good morning, Fredricka.

Well, in this case they have the evidence that he reached out for someone in Pakistan last December to find someone to help him carry out this attack. He had already decided that he wanted to attack the tree lighting ceremony, as you mentioned, which took place last night in Portland, Oregon.

So, he makes the original contact and then the FBI inserts an undercover agent into the scheme back in July and in a series of meetings and e-mails, it's clear that he makes clear that he wants to conduct this attack and kill a lot of people at this ceremony, in particular, so --

WHITFIELD: So, I wonder Tom, what's the strategy here of the FBI or authorities announcing they have the arrest of this one young man when clearly it would seem that they are looking into whether there are any other accomplices, anyone else who may have given him funds in which to do this, the direction, et cetera. FUENTES: Well, if you look at the complaint, it indicates they don't identify what they refer to an unidentified person in Pakistan that was at the other end of his first e-mails. So, a key part of the investigation is going to determine how many other people may be involved. Is he the only one in the United States that is in the middle of this particular plot and of course they have 11 months of investigation and numerous meetings and e-mail contacts to determine exactly whether he was acting alone or with others here in this country.

WHITFIELD: And he's a naturalized U.S. citizen from Somalia, but if he's got family there in the Oregon area pr anywhere else, stateside, how might his situation jeopardize theirs?

FUENTES: Well, it won't jeopardize there, but the concern here is that you've had a number of young Somali men in the United States become radicalized, become recruited and travel actually to Somalia to learn how to become terrorists, learn how to conduct explosion attacks and actually do it. We've had several that have ended up dead over there.

The concern that the FBI had from the beginning of this whole situation with al-Shabab in Somalia is once the individual goes over and learns how to carry out an attack like this, what if he gets back on the plane with his U.S. passport, comes back to the United States and does it here.

You know, we've had many young men kill themselves and others in Mogadishu. Somalia. What if they come back to the United States and have the sophistication that they don't need to reach out to someone else to help them with the explosive part of the attack.

WHITFIELD: Tom Fuentes, former assistant director of the FBI. Thanks so much for your time. Appreciate this.

FUENTES: You're welcome, Fredricka.

WHITFIELD: Meantime, another investigation soon to be underway. Classified documents only meant for a few eyes may soon be viewed by millions around the world. The whistle blowing Website WikiLeaks is expected to post thousands of confidential diplomatic cables within days. CNN foreign affairs correspondent, Jill Dougherty, reports the diplomatic damage from the leak could be significant.

(BEGIN VIDEOTAPE)

HILLARY CLINTON, SECRETARY OF STATE: We've had an excellent day.

JILL DOUGHERTY, CNN FOREIGN AFFAIRS CORRESPONDENT (voice-over): Diplomacy -- in public, handshakes in smiles; behind-the-scenes, frank, sometimes embarrassingly critical views of foreign leaders. All of it and more goes into the State Department's classified internal messages, called "cables."

During the U.S. embassy in Kabul this summer, with Ambassador Karl Eikenberry, I saw how cables are part of the lifeblood of the State Department.

UNIDENTIFIED MALE: And you're turning that into a cable?

UNIDENTIFIED FEMALE: Yes. And we send it out last night, sir.

UNIDENTIFIED MALE: OK. Good.

DOUGHERTY: Now, the unvarnished back story of America's foreign policy could be exposed to the world, allegedly thanks to this U.S. soldier, Bradley Manning, accused of downloading more than 150,000 diplomatic cables from U.S. embassies and consulates around the world. Officials warn with each new batch of documents published, U.S. relations around the world are at stake.

ROBERT GATES, SECRETARY OF DEFENSE: It seems to me that, as a result of this massive breach of security, we have considerable repair work to do in terms of reassuring people and rebuilding trust, because they clearly -- people are going to feel at risk.

DOUGHERTY: From highly encrypted telegrams to e-mail messages to raw, unfiltered analysis from embassies and consulates. This classified cable was published earlier this year by WikiLeaks. In it, Iceland's ambassador is quoted as telling U.S. officials his president is considered "unpredictable" -- an admission clearly meant not meant for public consumption.

The new document dump, diplomats tell CNN, could be highly damaging to U.S. foreign policy and to the diplomats who carry it out, revealing things like secret strategy on negotiations; perhaps, some diplomats say, like the START arms control agreement with Russia. Other possible hot points, Guantanamo, the war in Afghanistan.

The State Department already has briefed Canada and a number of other allies on the potential fallout. U.S. diplomats warn the leaks could create tensions with other countries, erode trust in the U.S. and even put lives in jeopardy.

(on camera): The U.S. soldier accused of leaking the cables sees it differently. In instant messages published by "Wired," Bradley Manning boasts, "Diplomatic scandals will be revealed, creating worldwide anarchy." He calls it "beautiful and horrifying."

Jill Dougherty, CNN, Washington.

(END VIDEO TAPE)

WHITFIELD: All right, something tells me the president's not going to be on the basketball court any time soon. He is feeling fine, we understand, after being elbowed in the face during a basketball game, yesterday. The commander in chief was accidentally elbowed by Rey Decerega, a director in the Congressional Hispanic Caucus. You see the president there leaving as he is kind of nursing that wound on his lip.

The president got a legal anesthesia and 12 then stitches by the White House medical staff. And then if you look really hard there he is holding kind of like an ice pack or something on his lip through that kind of opaque window. Decerega says the president was a good sport about it all. So, no grudges, we understand.

Let's talk about shopping. Black Friday was not at all what some bargain hunters actually expected. One man in Buffalo, New York, had to be rushed to the hospital after getting trampled by other shoppers trying to get into a Target store. Keith Krantz is in the white circle, if you can see it right there, down on the ground in other words. He's pinned against a door support, as well. Shoppers stepped all over him before he actually managed to stumble into the store. Krantz says he suffered a herniated disk. A spokeswoman for target says the company will be analyzing its security procedures as it normally does.

You hear the commotion in the background. People a little too excited about the sales and too excited about getting into the doors there without any regard for life.

And then West Palm Beach, Florida, police are looking for the Grinches who stole Christmas from three early bird shoppers. The women were in line at a Best Buy store waiting for more than 24 hours to load up on bargains, there. They spent about $1,000 on computers and other electronics. They apparently put those items in the car and then kept on shopping. Well, they say that's when they say thieves came and simply took everything. And they are so unhappy, there.

Well hopefully most shoppers and merchants are having a much more pleasant experience. Our Sandra Endo is in the middle of the hustle and bustle in McLean, Virginia.

How's the business? How are shoppers behaving? What kind of deals are they finding? And no one is getting hurt, right?

SANDRA ENDO, CNN NEWS CORRESPONDENT: A lot of good stuff. No one is getting hurt. Everyone is on best behavior, so far. It is getting very busy here in Tyson's Corner. But check it out, this week only, Fred, 40 percent off for this weekend. Those are type of signs, yes, customers want to see the big ticket items for kids. Of course, girls want their dolls this Christmas and for boys they want those video games and electronics.

But we are seeing people opening up their wallets, Fred, which is different this year and the National Retail Federation is saying that there's going to be an increase of about 2.3 percent in retail spending and we're actually seeing a lot of people carrying bags, but we stopped one couple here, Kelly and Allison.

And you just started your shopping experience, today. I see you have coffee, you're all ready to go. What's the strategy here? It's cash over credit this time around, right?

UNIDENTIFIED MALE: Yes. Cash and debit over credit this time.

ENDO: You have been stung in the past. How has the recession been for you guys? UNIDENTIFIED FEMALE: We've been fairly lucky. However, we are trying to save on the credit card bills, trying to pay with money that we do have rather than worrying about bills later.

ENDO: Yes, what's your spending strategy when you're out here in the mall? What are you going to look for?

UNIDENTIFIED MALE: We're just trying to look for some good sales and we got specific people that we're really shopping for so we kind of know what we want to get, but just trying to look for the best deals that we can.

ENDO: All right, well go at it. Good luck. Happy shopping. And real quick, Fred, I have to tell you that even though it's really crowded here in this mall, the longest lines we've seen is at the Starbucks. Check it out. Because either people are really tired already or just gearing up for a busy day ahead, Fred.

WHITFIELD: Yes, they need that jolt for a busy day of shopping all day long, because people plan on investing their entire day to deals like the ones you just shared with us.

ENDO: Oh, yes.

WHITFIELD: Sandra Endo, thanks so much from McClain, Virginia. Get a cup a Java while you're at it, too.

And if you don't feel like dealing with all the crowds, the malls, you know you can always go online. The Monday after Thanksgiving is normally the busiest for online orders. That's when retailers start pushing big discounts and free shipping. The National Retail Federation expects about 70 million shoppers will be looking for deals on cyber-Monday.

And if you are heading for the stores, you do want to dress appropriately. Reynolds Wolf is back with your shopping forecast, next.

(COMMERCIAL BREAK)

WHITFIELD: OK, I know the shoppers are out this weekend. You don't care whether you have to bundle up outside, because we know once you get in the mall, you want to take everything off, anyway. Reynolds Wolf here in the Weather Center.

Isn't it usually how it goes?

REYNOLDS WOLF, AMS METEOROLOGIST: Yes, it is.

WHITFIELD: You don't want to be bogged down with a coat and all that, and so --

WOLF: You know, I mean, it's easy for some people around the country. For example, let's say you happen to be in Miami, you're going to shop. It's 80 something degrees for the high today, so they can just go in and they don't have to -- you know, but if you happen to be in a place like Minneapolis where it is freezing outside --

WHITFIELD: Well, that's true. You do need a coat.

WOLF: There you go, it gets a little crazy, more to carry with all your goodies.

(WEATHER REPORT)

OK, Fred, you're up to speed.

WHITFIELD: Thank you so much, always count on you for that. Have a great rest of the day.

WOLF: Enjoy. You bet.

WHITFIELD: All right, jailed in Italy for murder. An American appeals her conviction in Italy. What are her chances? Our legal guys take on the Amanda Knox case. There they are. They're ready to go.

(COMMERCIAL BREAK)

WHITFIELD: All right, in a moment we'll talk to our legal guys about a 23-year-old American girl jailed in Italy. Is there any chance Amanda Knox will make it back home? But first, a quick at the top stories.

Veterans of the South Korean military protested on the streets of the nation's capital, today. They're angry, saying their country's government has not done enough to respond to recent shelling by North Korea. The crowd clashed with police, some charging and kicking officers.

And a 19-year-old U.S. naturalized student from Somalia is in an Oregon jail today. Mohamed Osman Mohamud is accused of trying to blow up a van filled with explosives during a Christmas tree lighting ceremony, last night in Portland. The FBI says the explosives were fake and got them from undercover agents.

And authorities in San Diego County have stopped searching a house booby trapped with explosives. They say it's just too dangerous. Authorities uncovered a record cache of homemade explosives there, earlier this week. The owner is being held on $5 million bail. He is identified as a naturalized U.S. citizen from Serbia, and a computer software consultant on probation for robbery.

All right, Gabe Watson, convicted in Australia for the death of his bride on their honeymoon. Well now, he faces an Alabama court, soon. Let's get right to our legal guys. Civil rights attorney, Avery Freidman in Cleveland. And criminal defense attorney, Richard Herman in Las Vegas. Both professors.

All right, gentlemen. Happy holiday weekend. Good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Happy holiday to you, too. RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hey, Fred.

WHITFIELD: All right, let's talk about this Gabe Watson. Convicted in Australia, now he's been extradited to Alabama. He is facing a barrage of charges, including murder. So I wonder, Richard, murder, is not what he was convicted of or served time for Australia. Why does Alabama feel like they have a pretty good shot at this?

HERMAN: They feel like they have a shot at it because they're trying to get votes. This district attorney has obviously lost his mind here and he's kowtowing to the public. Basically they claim that the plot was hatched in Alabama and therefore they now have jurisdiction to bring the charges against him there. It's ridiculous, Fred. This case is an absolute abomination.

WHITFIELD: You don't think he should be tried at all. Really?

HERMAN: Well, no, no. I don't think there's charges. I don't think there's any grounds for a murder case, here. How can they -- Australia looked at it for six years and couldn't bring a murder case against him and he plead guilty in Australia. He didn't go t o trial, he plead guilty to a manslaughter and did 18 months.

(CROSSTALK)

WHITFIELD: OK, go ahead, Avery.

FRIEDMAN: The difference here is, yes, he pled to criminal negligent manslaughter. Why? Because the manslaughter took place in 2003, they wound up getting their conviction via a plea in 2008. The fact is that the trial in Alabama won't even start until 2011, that's eight years later.

And again, one of the elements, Fredricka, and from a prosecution perspective, the difficulty is that he's charged with murder for pecuniary gain. Well, the first element is murder. So, what are they going to do? Bring all of these witnesses from Australia? Very, very difficult to prove, very difficult.

WHITFIELD: So, allegedly he was seeking some sort of life insurance settlement and is there some credence to the fact that the young lady said something about him trying to change it before they went on the trip. I mean, is there any credence to that direction?

FRIEDMAN: Well, she told Tina -- Fredricka, Tina told her father that was the case, but Tina is now gone, so all the father can talk about is when she said.

WHITFIELD: So that's hearsay.

FRIEDMAN: That's hearsay, there's no -- right, you nailed it. So, I don't know how Alabama is going to prove that case.

WHITFIELD: All right, let's talk about Amanda Knox. We've been talking about this case for many years, now. It's taken lots of twists and turns and you all both said it was going in the direction of an appeal. So now, she gets her chance in an appellate court in India -- I mean, I'm sorry, in Italy and she -- sorry about that, I don't know where my head is right now. Anyway, and so she, you know, is hopeful because the DNA evidence will be at issue as well as a judge who was a bit too loquacious, right Richard?

HERMAN: Listen, she now has to prove her innocence. That's how the Italian court system works on appeals. So, she has to bring up all the inconsistencies, the lack of physical evidence, the lack of DNA evidence, the mistakes, the lack of motive in this particular case and also bring up the judge's report which found that the jurors felt she was not part of any conspiracy to kill. So, I mean, it sounds good, but meanwhile they just brought criminal charges against her last week for criminal defamation.

FRIEDMAN: Criminal slander.

HERMAN: So, I don't think she's liked too well in Italy.

WHITFIELD: Oh my gosh. OK --

FRIEDMAN: Well you know, the other missing piece here is that the prosecution, Fredricka, also appealed. They felt that the 26-year sentence was not enough, that it should be life in prison. But you know what? I will tell you this, and take it to the bank. It's a 26- year sentence unlike America where you have roughly five percent to eight percent chance of getting it reversed or modified, in Italy believe it or not, 50 percent likelihood. I think you're going to see a substantial reversal in terms of reduction. I think they're going to say, yep, not only that but time served counts, go back to Seattle. She's gone.

WHITFIELD: Significant. All right. Thanks for that --

HERMAN: Too much turkey, Avery. Too much turkey.

WHITFIELD: Let's talk about --

FRIEDMAN: Well, I don't know about that, pal. I don't know.

WHITFIELD: Let's talk about Texan Tom DeLay, the hammer nailed with a conviction and now he's facing up to 99 years in prison. So, I'm wondering, he says he's going to appeal period. You know, he's 63 years old. The jury deliberated for 19 hours, but he says he -- this was a misjust -- this was a misjustice that was carried out. And so I wonder, Richard, what are his chances of an appeal here?

HERMAN: He claimed there was a politically motivated prosecution.

WHITFIELD: Miscarriage of justice. That's the word I'm looking forward. Sorry about that.

FRIEDMAN: There you go. There you go.

WHITFIELD: The turkey has gotten to me, too. What can I say?

FRIEDMAN: Turkey messing up everybody, here.

HERMAN: Gravy, it's the gravy, Fred. But listen, any time someone gets convicted, it's a miscarriage of justice and they're going to appeal, it's a knee-jerk reaction. We is going to appeal here because he thought he was doing business as usual. That's why there is fear now throughout the 50 states and United States, because of what DeLay was doing seemed to be how politics is run throughout the United States.

WHITFIELD: Yes, this is politics. That's the way it is. Yes, OK, so Avery, do you see --

(CROSSTALK)]

HERMAN: So, I don't think he'll do major time, here.

FRIEDMAN: It's going to get more complicated than that. Watch for Citizens United fitting into the appeal. Citizens United, that law passed in 1903, may be unconstitutional, that means tom delay may walk. He may be set free in a reversal.

HERMAN: Right.

WHITFIELD: The hammer might be back.

FRIEDMAN: Watch out.

WHITFIELD: He may dancing again.

HERMAN: A short term and heavy fine. A short prison term and heavy fine. That's what he's getting.

WHITFIELD: OK, well, we're going to see you again within this hour. The turkey hasn't got to me so much the case that I forgot about that. And we'll be talking about Jacob the jeweler is saying I want my jewels back, Courtney Love, give it up. We'll see you in a little bit about that.

Also, he may be best known for controversial novel, the "Satanic Verses," now you know who I'm talking about, right? Salman Rushdie. Well guess what, he's out with a new book and the target audience just might surprise you. My fascinating face to face with the acclaimed author, Salman Rushdie, next.

(COMMERCIAL BREAK)

WHITFIELD: When you hear the name Salman Rushdie, you probably think of the author's 1989 book, "Satanic Verses," and how Iran's Ayatollah Khomeini declared that book blasphemous to Islam, then issue a death edict against the author, forcing Rushdie into hiding for nine years. Well, Rushdie never stopped writing. In all, he's written nearly 20 books; his latest book is for younger audiences, children, and perhaps their parents.

I talked "Face to Face with Salman Rushdie" who explained the unique inspiration behind, "Luka and the Fire of Life". (BEGIN VIDEOTAPE)

WHITFIELD: Salman Rushdie, so good to see you.

SALMAN RUSHDIE, AUTHOR: Hello. Nice to be here.

WHITFIELD: Of course, you're most famous known for "Satanic Verses" and for the following fatwa, the Iranian government putting out a death threat back in 1989. Is it your hope that people will become more familiar with you now as a writer of children's books?

RUSHDIE: I did write one before. I wrote one 20 years ago.

WHITFIELD: That was your first.

RUSHDIE: For my oldest son. And that did OK. And now I have another young son of that age. He was 12 when I wrote it. He's 13 now. He is actually the bigger reader of the two boys. He read the first book. And immediately began a campaign for justice.

WHITFIELD: Right, what about the book for me? The other children's book was for your other son.

RUSHDIE: Exactly. Where's my book? This built up in vehemence until I cracked.

WHITFIELD: Does that mean you collaborated with him on what to come up with? What kind of story will this novel be, "Luka and the Fire of Life"?

RUSHDIE: Well, no I didn't exactly collaborate with him. But he did have some input. For a start, the character of Luka, the boy in the book, is quite obviously modeled on him. For example, my son is, Milan -- whose middle name is Luka, by the way -- is left handed and it is very odd in my family because nobody is left handed. In the book, Luka, also has that obstacle, if you like. I wanted to turn it on its head so during the course of the story the left handedness becomes an advantage. And the things he has to do in the story it's actually better to be left handed. That came out of him.

He helped in other ways. For instance, the villain in the book, and what happens in the book is Luka's father falls into a kind of coma, and the fire of his life, if you like, is going out. And Luka meets this, essentially, figure of death, which looks exactly like his father but is translucent. And is slowly filling up with his father's life.

WHITFIELD: He can see this, Luka, because he has this magical power even though he didn't really know it.

RUSHDIE: Exactly. He sort of slips into this magical world which lives in parallel to our own and there he meets, essentially, his father's death. And realizes he doesn't have very much time if he's going to save his dad.

WHITFIELD: He has the power to save his dad's life? RUSHDIE: If he can find this magical substance called the Fire of Life. Which of course, the trouble is he's being asked to do something impossible. No one has ever stolen it, you know? Of course that's what he sets out to do. I worried a little bit that this figure, the villain, the death figure, might be too scary for him. Because children like scary stuff. They like Darth Vader, you know? But they don't like to be disturbed. So I did show it to him, when I written the first couple of chapters. I told him nothing, I just said, see what you think. To my relief, A, he did like it and, B, it was his favorite character. So it made me think, OK --

WHITFIELD: And you were like, whew!

RUSHDIE: Yes. No, really, because I would have been in a lot of trouble, if he hadn't liked it.

WHITFIELD: Well, it is interesting because you know, you talk about the parallels of your son and Luka. And there are parallels even with you, as the father figure, right?

RUSHDIE: Yes. The father figure is kind of like setting myself up; he's a comic slightly pathetic version of me. I think, there's a sense in which all sons see their fathers as comic and slightly pathetic.

WHITFIELD: I was thinking about the age. There's a 50-year gap between this father and Luka and there's very similar to you and your son.

RUSHDIE: That's really the engine that drives the book. If you are an older parent, if you have a child later in life, then the subject of mortality of life and death becomes something you think about more. I remember when my son was born thinking when he's 20 I'll be 70. How much of his life will I see? And you obviously want to be around to bring up your children. And you want them to have a father in their life and so on. You just think about it more than you would if you have a kid when you're 25. That became really the thing that drives the story. How do you face the possibility that you might lose a parent, you know.

WHITFIELD: Which is a heavy topic for a children's book.

RUSHDIE: Yes, but children can face a lot of stuff these days. If you look at what's in books, I'm not talking about children, children. I'm talking about 12, 13 year old, people on this very interesting frontier between childhood and adulthood. In some ways sophisticated, these days, but in other ways still very childish. They are interested readers and can take a lot. You have to find the way of making it palatable, but children will come up -- these days children's books deal with all kinds of very dark stuff.

(END VIDEOTAPE)

WHITFIELD: He's so fascinating, isn't he? Face to face with Salman Rushdie. I asked him in our next part, part two, you'll see in the 2:00 Eastern hour, I why he decided to make his new book so scary. And he revealed detail about whether it will be played out, perhaps, on the silver screen. That is coming up 2:00 Eastern Time.

Next week, "Face to Face with Katherine Schwarzenegger." The name might sound familiar. She's the daughter of California Governor Arnold Schwarzenegger and journalist Maria Shriver. The 20-year-old is now a author. And in her book, "Rock What You've Got", the young college student opens up about her struggles to develop a healthy body image.

(BEGIN VIDEO CLIP)

WHITFIELD: You look at your mom, Maria Shriver, who is very strong individual. She's beautiful. She's smart. And it's almost like looking in the mirror, is it not? But you were somehow looking at yourself and not seeing the same qualities that you endeared about your mom?

KATHERINE SCHWARZENEGGER, AUTHOR, "ROCK WHAT YOU'VE GOT": We as women, we look in the mirror, and we don't see what other people see. We automatically jump and only focus on the flaws, the things we wish we could change about ourselves. That's really true for women of all ages.

And I was in fourth grade, I was doing exactly that. I think to me my mom wasn't Maria Shriver, the beautiful journalist, she was just my mom, to me. When she told me you're beautiful, Katherine, I was like, yes, sure, whatever. You have to say that. I think that is what a lot of young girls think.

I really want young girls to know that if your mom is saying those things to you, it is important to believe it, because your mom wouldn't say, you're doing great job. You are really smart in school, unless she believed it.

(END VIDEO CLIP)

WHITFIELD: "Face to Face" with a very poised, 20-year-old Katherine Schwarzenegger, next weekend, right here in the CNN NEWSROOM.

And then we are going to welcome back with our legal guys because they are talking about this young lady right here, Courtney Love. Back in court, a jeweler is suing her over a good bit of bling that he says is still missing. You know our legal guys can't wait to delve into this one.

(COMMERCIAL BREAK)

WHITFIELD: Our legal guys take a bite out of Big Apple crime in just a few moments. First, a look at top stories.

Diplomatic officials from around the world are reacting to plans by the whistle-blowing WikiLeaks to publish thousands of confidential diplomatic cables within days. A former U.S. ambassador tells CNN the cables could reveal U.S. negotiating positions and secret intelligence and seriously damage diplomatic relations. A frightening Black Friday in Buffalo, New York. Take a look. A man was rushed to the hospital after getting trampled trying to get into a Target store. He's down below in the area that is circled there. Other shoppers simply stepped over him, around him, as he stumbled into the store when the doors opened. Target officials released a statement saying safety is a top priority and they plan their sales events well in advance of Black Friday.

A well known Haitian singer turned presidential candidate there, says he has survived an assassination attempt. A statement from Michel Martelli's (ph) campaign says at least one person was killed in the attack, and many were hurt. U.N. officials have not been able to confirm the report. Haiti holds its national elections tomorrow.

If you are hit by a stray police bullet in New York, you may not get anywhere if you try to sue the city. Our legal guys are back to weigh in on this ruling. Civil rights attorney Avery Friedman in Cleveland and criminal defense attorney Richard Herman in Las Vegas.

Good to see you all.

OK, now this is a case where a young woman, Tammy Johnson, walking with her 18-month-old in her arms and there was a melee of bullets, allegedly all by police, I suppose, is her accusation. She gets hit and injured. She's trying to sue the city, but what's really remarkable here is the court says no, we are throwing this out completely.

Richard, what happened?

HERMAN: Well, she did get hit from a stray bullet. Some police officers were under fire by some sort of assailant, and one of the bullets ricocheted and hit her elbow. She brought a lawsuit against the police, for the stray bullet shooting, and the judge dismissed the case saying, no, I'm not going to tolerate this.

You have to show negligence, and because you couldn't prove negligence, it's no good. They took it on appeal. The highest state court in New York said no. We're going to abide by the state court ruling and dismiss the case.

WHITFIELD: So, Avery, you say this differently. Why?

FRIEDMAN: I do very much. It was 4 to 3 ruling as close as it gets. The question was if 25 bullets are fired and the policy of the police department is to not endanger innocent bystanders, should it not be resolved by a jury? That was the question.

As 4 to 3 the highest court said no, it should not. A judge will make that decision. I think that's wrong. You have to have faith and trust in the jury system. It should have gone back to the jury. I think Tammy Johnson actually lost her case because the court took the jury right away, and that is a terrible, terrible decision. Wrong decision. She got hurt and there's no further remedy for her. WHITFIELD: This may not be that unusual, right gentlemen? Because in a lot of cities, in many jurisdictions, you simply cannot sue the city, even if the police are in the midst of a police chase and you get hit, or a case like this, stray bullet. There are protections for the city so that no one can, essentially, I guess bankrupt the city through lawsuits, right?

FRIEDMAN: They have immunity, right.

HERMAN: Sovereign immunity. That applies.

WHITFIELD: Let's move onto Courtney Love where a jeweler, who is very famous in New York and other places, Jacob the Jeweler, he supplies a lot of great baubles for a lot of great stars, loans them, that is. Well, apparently he loaned to Courtney Love, something like $114,000 in jewels. He didn't get all of it back he says; he wants it back.

So, Avery, he wants to see her in court and cough up the jewels.

FRIEDMAN: Yes, he does. I mean, what the heck? Why is anybody lending anything to Courtney Love?

(CROSSTALK)

WHITFIELD: That's usually the agreement, though.

FRIEDMAN: Well, yes.

WHITFIELD: But isn't there an agreement that goes to any of the stars?

FRIEDMAN: There is, I mean this is --

WHITFIELD: Write something, or give a copy of their credit card or something?

FRIEDMAN: This is Jacob the Jeweler.

WHITFIELD: Uh-huh?

FRIEDMAN: Jacob the Jeweler, I mean, he's lent it to Kanye. He's lent it to Madonna. Fredricka, I think you're in there and all the very famous people that get his jewelry.

WHITFIELD: Yes, right. I haven't seen those jewels yet.

FRIEDMAN: And all the famous people that get his jewelry. And so he takes the chance with Courtney Love and you know what? I'm not sure what her defense is, insanity? The fact is that she's got to give the stuff back and I think good old Jacob the Jeweler has the right to go to court and get it back. I want to wish him the best of luck, though, I don't think it is going to happen.

WHITFIELD: Yes, Richard, do you think there will be a happy outcome for him? He gets his jewels, or the dough, or something? HERMAN: Her defense is, I lost them. That's all. I returned one bracelet, but I lost all of the rest of the jewels. I'm sorry. That's what her defense is. There's an agreement between the two of them. She assumed the risk of any loss when she had them. I guess she figured between all the diet meds and everything else she wasn't going to lose her mind and lose the jewelry. But she did.

WHITFIELD: Poor Courtney Love. We're giving her a hard time.

HERMAN: She's going to have to pay. She deserves it, she's stupid. She'll have to pay.

(LAUGHTER)

WHITFIELD: He still has to prove he gave them to her, and that he hasn't received anything back, too, though, right?

FRIEDMAN: That won't be too difficult.

WHITFIELD: All right. OK. Simple case.

(CROSSTALK)

WHITFIELD: Let's talk about Axl Rose. He says, wait a minute, Slash isn't even part of Guns n' Roses anymore, so he's not deserving to be in this video game, Guitar Hero No. 3, or anything else associated with Guns 'n' Roses so I'm taking the video game company to court. So, Avery, what sort of chances does Axl Rose have here?

FRIEDMAN: The lawsuit tells you everything. That Activision, which actually created the video game--

WHITFIELD: It's like a $20 million lawsuit.

FRIEDMAN: Yes. Welcome to the jungle. The reality is that because it wasn't clear -- if the contract is ambiguous in any way, Activision will slide out of this litigation. When you think of Guns 'n' Roses, when you think of it, you think of Slash even though, believe it or not, the guy has been gone since 1996.

WHITFIELD: Yes, they had some kind of falling out.

FRIEDMAN: Oh, big time. Axl and Slash hate each other. I think Activision wins. I think Axl takes a walk, it's over. He doesn't have chance.

WHITFIELD: Wow. But each member of the band, I guess --

HERMAN: No.

WHITFIELD: Even formerly, Richard, would get something for success of Guitar Hero 3?

HERMAN: First of all, the good news is Slash's name is Saul Hudson. That is his real name. Slash equals Saul Hudson. So that's in the litigation. That's great to know. Anyway, Axl Rose controlled the group. He was the head of the group.

WHITFIELD: OK, I gotcha. Go ahead.

HERMAN: He controlled the group. He was head of the group. Guitar Hero had to go to him to get permission to use "Welcome to the Jungle" and "Sweet Child of Mine" and he said I'll give you permission, but don't put images of Slash because I hate him with a passion. Do not use him. And he says Activision agreed. We won't do that and then they went ahead and did it. He has a great case. Guitar Hero is huge. He's going to get a big payday here.

FRIEDMAN: Read the contract.

HERMAN: Big payday.

FRIEDMAN: Read the contract.

HERMAN: I did. Big payday.

WHITFIELD: Wow. Guitar Hero is kind of fun.

FRIEDMAN: I don't think so. I don't think so.

WHITFIELD: I did get a chance to play. There's a guitar player in me. I see it.

(LAUGHTER)

UNIDENTIFIED MALE: I believe it.

WHITFIELD: Maybe I haven't missed my chance.

(LAUGHTER)

All right. Richard, Avery, thank you so much. Hope you had a good holiday. Hopefully a good rest of the weekend, this holiday.

UNIDENTIFIED MALE: You, too, Fred.

WHITFIELD: Thanks so much.

UNIDENTIFIED MALE: Take care. All the best.

WHITFIELD: See you next weekend.

All right. Otters, cute, playful, dangerous? Is that a word you associate with otters? We'll show you an amazing video right after this.

(COMMERCIAL BREAK)

WHITFIELD: Welcome back to the NEWSROOM where CNN Equals Politics.

Sarah Palin is drawing crowds in the Midwest today. To find out why, let's turn to CNN Deputy Political Director Paul Steinhauser.

(BEGIN VIDEO CLIP)

PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: Hey, Fred.

Sarah Palin is in Iowa today. And that should turn some heads. The former Alaskan governor is in Des Moines to sign books for her new book, "America By Heart." John McCain's running mate in the last presidential election returns to Iowa again on Thursday for another book signing in the state.

So, why is this a big deal in the political world? Here's why. Palin says she's thinking of making a bid for the 2012 Republican presidential nomination and Iowa, or course, plays a big role in the road to the White House as its caucuses kick off the presidential primary season.

Palin's book tour also takes her to South Carolina, which holds the first Southern primary in the battle for the White House. And to Ohio, a crucial must-win state for any presidential nominee, Fred.

(END VIDEO CLIP)

WHITFIELD: Let's go across country now.

Palm Beach County, Florida, where animal control agents are on the hunt for an aggressive otter. It is suspected in as many as three incidents -- take a look at this video right here -- there is a story behind this. The otter was caught on videotape attacking a teenager. Will Gibbons said he grabbed his cell to capture what he thought was a playful creature until it actually lunged and attacked his leg.

(BEGIN VIDEO CLIP)

WILLIAM GIBBONS, ATTACKED BY AN OTTER: I was scared. To say it simple. It was a cute little otter. I didn't expect it to do anything. Right when it bit me, I was just like, wow, I wasn't expecting this. And so then, it just took off.

(END VIDEO CLIP)

WHITFIELD: My goodness.

FedEx can now stand down after finding that package containing radioactive material that had been inadvertently misplaced. FedEx employees found an unlabelled container yesterday at one of its shipping stations near Knoxville, Tennessee.

Reports out of Hudspeth County, Texas have country music legend Willie Nelson out of jail. He was arrested yesterday on charges of possessing marijuana. Nelson's tour bus was apparently stopped at a checkpoint when police smelled something a bit out of the ordinary. Cops say that they found a few ounces of the elicit weed on board.

You can bet the Black-Eyed Peas are feeling super about an upcoming performance. (MUSIC)

WHITFIELD: That's the group's hit, "Don't Funk With My Heart." It could be one of the songs they'll be performing for millions of people around the world at a February concert during a little event you may have heard of the Super Bowl. February's Super Bowl will take place at the new Cowboy Stadium in Dallas, Texas.

Coming up, after taking fire from North Korea this week, some of South Korea's military vets squared off their own riot police today -- squared off with them that is, the details behind the irony next in the NEWSROOM.

(COMMERCIAL BREAK)

WHITFIELD: An update on that Oregon terror plot. A 19-year-old U.S. naturalized citizen from Somalia is in an Oregon jail today. Mohamed Osman Mohamed is accused of trying to blow up a van filled with explosives during a Christmas tree lighting ceremony last night in Portland. The FBI said the explosives were fake and he got them from undercover agents.

(BEGIN VIDEO CLIP)

SGT. PETE SIMPSON, PORTLAND POLICE DEPT.: There was no danger to the public at all last night. The device was an inert or fake device. The suspect believed it was real. The arrest went down several blocks away. Nobody was around the area when that happened.

(END VIDEO CLIP)

WHITFIELD: Veterans of the South Korean military protested on the streets of the nation's capital today. They're angry, saying their country's government has not done enough to respond to recent shelling by North Korea. The crowd clashed with police, some charging and kicking officers.

And now a CNN programming note -- Halle Berry, Jon Bon Jovi, just a few of the big names featured at the fourth annual "CNN HEROES ALL- STAR TRIBUTE." If you missed even a second of it, see it again this weekend. You have two more chances to watch tonight and tomorrow night at 8:00 Eastern right here on CNN.

That will do it for us for this hour. I'm Fredricka Whitfield.

Stick around this afternoon during our 2:00 Eastern hour. Get help planning your Christmas travel in tight financial times from our money experts, the Dolans, Ken and Dari (ph), will be with us.

And then, at 3:00 Eastern, I talk face to face with author Salman Rushdie about his life on that year's long death threat.

And at 4:00 Eastern how to spot counterfeit items among all those Christmas deals.

Right now "YOUR $$$$$" begins.