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Bloomberg Chides Congress in Front of 9/11 Panel; Israelis, Explosion in Gaza

Aired May 19, 2004 - 13:58   ET

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

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


KYRA PHILLIPS, CNN ANCHOR: U.S. military misdeeds at an Iraqi prison. Generals in the hot seat and a soldier court-martialed.
(BEGIN VIDEO CLIP)

RUDY GIULIANI, FMR. NEW YORK CITY MAYOR: The city of New York had the best response to this horrific attack of any city in America at the time that it happened.

(END VIDEO CLIP)

PHILLIPS: Rudy Giuliani testifies before the 9/11 Commission. Would he have done anything differently that fateful day?

Ripple effect. Rising gas prices creating bumps in the road for other businesses across America.

Fattened foods, should certain forms of it be banned? A consumer group calls for drastic action.

From the CNN Center in Atlanta, I'm Kyra Phillips. Miles is off. This hour of CNN's LIVE FROM... starts right now.

Up first this hour, a guilty plea, a show of support, and a pledge of responsibility stemming from the prison abuse debacle in Iraq. We're covering the hearing in Baghdad today that sent a prosecution witness to a year's confinement. We're in Hyndman, Pennsylvania, where Jeremy Sivits is a hero, not a criminal, and we're on Capitol Hill, where the top brass says there may be more criminal charges and not just at the bottom of the chain of command.

First to Baghdad, where a makeshift courtroom in the Green Zone today was the site of the first prison abuse courts martial, an emotional proceeding with an unexpected ending.

CNN's Harris Whitbeck has our report.

(BEGIN VIDEOTAPE)

HARRIS WHITBECK, CNN CORRESPONDENT: Lots of security around the Baghdad setting for the court-martial of U.S. Army Specialist Jeremy Sivits and the arraignment of three other U.S. soldiers involved in abuses at Abu Ghraib Prison outside of Baghdad.

In his court-martial, Sivits broke down twice as he described the sometimes brutal beatings that some prisoners received and the sexual humiliation that they were subjected to and photographed by U.S. soldiers.

Sivits said in his summation, in his testimony, towards the end of the trial, that he apologized. He said the abuse shouldn't have happened. He apologized to the Iraqi people, to the detainees, to the court, to the Army, to his unit and to his family.

But contrition wasn't enough for military prosecutors, said the acts committed at Abu Ghraib were horrendous, appalling and simply wrong. He said the soldiers took advantage of others who were vulnerable. And the judge agreed. Sivits was sentenced to year in prison, a reduction in rank, and a bad conduct discharge.

Harris Whitbeck, CNN, Baghdad.

(END VIDEOTAPE)

PHILLIPS: A villain to some, a scapegoat to others, but Jeremy Sivits is a hero to Hyndman, Pennsylvania, come what may. Hyndman is Sivits' hometown and folks there remember their friend, neighbor, co- worker, son and husband as a decent man with a strong sense of duty.

Hyndman's former mayor says Sivits' father, a Vietnam vet, and mother just can't believe what happened.

(BEGIN VIDEO CLIP)

TOM CUNNINGHAM, FMR. HYNDMAN, PA, MAYOR: They're bewildered. That's the best word I can use. They just can't accept the whole thing. That whole thing is very hard for them to comprehend.

(END VIDEO CLIP)

PHILLIPS: Now that Sivits' case is decided, attention is turning to other soldiers accused in that scandal. Staff Sergeant Ivan "Chip" Frederick, Sergeant Javal Davis and Specialist Charles Graner chose not to enter pleas today. A hearing for all three is scheduled for June 21. Two other specialists, Sabrina Harman and Megan Ambuhl, will face courts martial tomorrow, so will Private First Class Lynndie England. England is seen grinning and pointing in several of the now infamous prisoner photographs.

Now to Capitol Hill where the uppermost links in the coalition chain of command today defended, explained and took responsibility for their tactics and procedures. CNN's Sean Callebs checks in with that -- Sean.

SEAN CALLEBS, CNN CORRESPONDENT: Well, Kyra, following the lead of the U.S. defense secretary, the general in charge of all operations in Afghanistan and Iraq says the buck stops here. It is his job to make sure abuse of Iraqi detainees doesn't happen again. And he said he'll take the blame for what has happened so far.

(BEGIN VIDEO CLIP)

GEN. JOHN ABIZAID, CMDR., U.S. CENTRAL COMMAND: Every officer is responsible for what his or her unit does or fails to do. I accept that responsibility for the United States Central Command.

(END VIDEO CLIP)

CALLEBS: Abizaid and two other generals testified before the Senate Armed Services Committee this morning and this afternoon. They are defending their handling of the abuse scandal at Abu Ghraib Prison in Baghdad. Military leaders contend problems with training and organization led to the environment that allowed abuse and mistreatment to occur at the prison.

The generals told Senate leaders there are "very specific changes going into place" to make sure other detainees aren't humiliated and tortured. General Ricardo Sanchez denied a published report that said he OKed the use of such tactics as sleep deprivation, excessive noise and intimidation in an effort to get prisoners to break and divulge information. And again, the question was why did commanders not catch the problems sooner? And were they the actions of a few or a widespread culture of abuse?

(BEGIN VIDEO CLIP)

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

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

(END VIDEO CLIP)

CALLEBS: Military leaders also say they are now calling Abu Ghraib Prison Camp Redemption. Senate leaders and perhaps the public haven't seen the last of photographs showing harsh treatment of detainees. Committee Chairman John Warner says the Pentagon found a new disc of digital photographs shows abuse of prisoners at Abu Ghraib. The generals also talked about another pressing concern, handing power over to an as yet unnamed Iraq government on June 30. General Abizaid said the goal is achievable but it is important to name the new Iraqi leaders and soon -- Kyra.

PHILLIPS: Sean Callebs out of Washington. Thank you.

Although the evolving Iraqi prisoner abuse scandal and court- martial proceedings are getting extensive media coverage in the U.S., that's not the top story today on Arab networks. Instead the headline is the latest Israeli military situation in Gaza. On most of the Arab television networks, coverage focused on Rafah with frequent breaking news updates on an explosion at what has been called a peaceful demonstration. Twenty-four people have been reported dead, many of them children. Israel is saying that its helicopter did not fire on the demonstrators but nearby to disperse the crowd. Ahead this hour, we'll have a live report from Gaza.

Former New York Mayor Rudy Giuliani today told members of the 9/11 Commission to stop finger-pointing. Less than an hour ago, the panel wrapped up two days of hearings in New York City. Mayor Michael Bloomberg and homeland security chief Tom Ridge were also on hand. Homeland security correspondent Jeanne Meserve has the details -- Jeanne.

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT: Kyra, the 9/11 Commission has now wrapped up its day-and-a-half of hearings here in New York City. And several people who lost family members or friends in that tragedy in 2001 are upset at what the hearings produced, or more specifically what they did not produce.

The proceedings were interrupted several times today by heckling by some of those family members and by friends and from others who were present at the proceedings today. They were saying that the tough questions were not being asked by the commissioners, questions about communications and coordination and evacuation, and about responsibility.

The witnesses today included the former mayor of New York City, Rudy Giuliani, and the present mayor, Michael Bloomberg. Michael Bloomberg used this platform to voice his discontent with homeland security funding. He said New York remains a target, it has been hit, it has been threatened, and yet New York State ranks 49th amongst the 50 states in per capita spending on counterterrorism. He blamed that on pork barrel politics in Congress which he said aided and abetted the enemy.

(BEGIN VIDEO CLIP)

MAYOR MICHAEL BLOOMBERG, NEW YORK CITY: Supposed to do what's right for New York City. I'm not trying to win a popularity contest. I'm trying to make sure that this city continues to be a place where people can go about their lives safely and enjoy the freedoms that America is all about. And I would feel a lot worse if I didn't urge Congress to do it. I think the way they've been giving out money is a travesty. I don't think any rational person disagrees with that.

(END VIDEO CLIP)

MESERVE: Several commission members said they agreed absolutely with what Bloomberg had to say. At least one of them applauded him for bringing up the issue in such a public way today. Secretary Tom Ridge was asked about today, he also agreed that New York City deserved more in the way of funding, said the administration had proposed it to Congress but had been thwarted.

Kyra, back to you.

PHILLIPS: Jeanne Meserve, thank you.

Other news across America begins with a court-martial in Georgia. Staff Sergeant Camilo Mejia went AWOL rather than go back to Iraq. If convicted of desertion, the national guardsman could go to prison for a year and receive a bad conduct discharge. Mejia calls the war oil- driven.

Crude boycott. A widely circulated e-mail is urging motorists not to buy any gasoline today. It seeks to channel consumer anger over skyrocketing gas prices by making oil companies choke on their stockpiles. But industry experts say the only backup it would create would be in lines at the gas pumps when the boycott ends. The national average for regular gas is more than $2 a gallon.

No strings attached . A stolen Stradivarius cello has been returned. It's damaged but can be repaired. A nurse found the priceless instrument in the trash. Police say she considered converting the $3.5 million cello into an elaborate CD holder. Then she found out it was stolen.

Straight ahead, a day of violence and confusion. Israeli forces take action in Gaza. We'll have a live report from there straight ahead.

And we want to hear from you. How much is too much when it comes to graphic images of war in Iraq? E-mail us at livefrom@cnn.com. We'll air some of your comments later this hour when we debate the issue.

(COMMERCIAL BREAK)

No way for Atlanta baseball fans to keep a "Brave" face about last night's home game, as Randy Johnson became the 17th pitcher in Major League history to pitch a perfect game. At age 40, Johnson is also the oldest pitcher in the majors to accomplish that feat. He retired all 27 Atlanta hitters in a 2-0 win at Turner Field.

Meanwhile, "The New York Times" says Yankees fans are revolting, well, some of them, anyway, after someone in the front office makes a (UNINTELLIGIBLE) decision to retire Crackerjack from the concession stands. What's that about? Instead of singing "buy me some peanuts and Crackerjacks" during the seventh inning stretch, Yanks fans will have to say buy me some peanuts and Crunch 'n Munch? To be technically correct. Some gripe in addition to flying in the face of baseball tradition, Crunch n' Munch also lacks a prize. Are giving the decision a Bronx cheer. The Mets say they won't make the same call at Shea.

We're going to take a quick break, and we're mad, we'll be right back.

(COMMERCIAL BREAK)

PHILLIPS: Now, more on today's bloodshed in Gaza and conflicting stories about a deadly incident this morning in Rafah. An explosion in a crowd of Palestinian demonstrators killed 24 people and left many more wounded. But Israeli military sources say they only fired on an open area to disperse the crowd. CNN's Matthew Chance with more now from Gaza City and the violence that shows no signs of abating - Matthew.

MATTHEW CHANCE, CNN CORRESPONDENT: Kyra, thanks. And as always in these situations, there is a great deal of confusion surrounding the detail of exactly what happened. We've got conflicting reports of a number of casualties. You mentioned the figure of 24, but we've spoken to hospital officials down there. They're saying just 18 at this stage. Although there are a number of seriously wounded people as well. So that figure may climb.

At the same time, I've just been contacted by the Israeli military. They say that to their calculations only seven people were killed as a result of this. So it's still up in the air, we're still trying to get as much information as we can from the ground.

What is clear, though, the consequences of this attack by an Israeli helicopter gunship as well as Israeli tanks, firing to disperse a crowd of angry protesters as they marched toward the Tel Sultan (ph) area of the Rafah refugee camp. That's the place where there's been a great deal of Israeli military action over the course of the past three days and it's under tight military curfew.

Israel, for its part, has come across and said that it apologizes for the loss of innocent life and said it has launched a full investigation into exactly what happened. One of the things it is looking into, it says, is that a tank, an Israeli tank fired four shells into what it believed was an abandoned building. They say that may have been the cause of the casualties, but certainly they say this was not a deliberate attempt to kill.

Again though, Palestinian officials condemning this as a crime, saying that the international community should bolster itself and form an international force to give protection to Palestinian civilians in the Gaza Strip -- Kyra.

PHILLIPS: Matthew Chance live from Gaza. Thank you. We're going to take a quick break. More LIVE FROM... right after this.

(COMMERCIAL BREAK)

PHILLIPS: Creating scapegoats in Iraq? Specialist Jeremy Sivits was sentenced to a year of confinement for his role in the Iraqi prisoner abuse scandal. The stakes are higher for the rest of those accused. And there is added pressure of having the world watching. Legal experts say it is unfolding like a classic criminal investigation. Our Jeffrey Toobin joins us live from New York.

Jeffrey, let's talk about how this is unfolding like a criminal investigation, i.e., cutting deals for cooperation.

JEFFREY TOOBIN, CNN LEGAL ANALYST: That's right, Kyra. I mean, this is a classic maneuver by prosecutors, is you get the less culpable person to plead guilty to a lesser charge at the beginning. And then you start to move up through the chain.

Specialist Sivits today pled guilty in what's called the special court-martial, which means he faced only a maximum of a year in prison which is what he got. But the rest of the people who were charged in this matter, they are facing much longer prison sentences and their trials are still to come.

PHILLIPS: Now a special court-martial is different from a general court-martial. TOOBIN: Right. A special court-martial is roughly translated like a misdemeanor court. The most you can get in a prosecution in a special court-martial is a year in prison and a bad conduct discharge and a reduction in rank. That's what Specialist Sivits was sentenced to today. Things move very fast in court-martials. General court- martials, the stakes are much higher. Much longer prison terms, dishonorable discharge, that's what the other people involved in this scandal face. And that's still to come.

PHILLIPS: Now it's a special court-martial, but we're seeing signs of an ordinary criminal investigation taking place. So why are we sort of seeing a mixture of the two? Is that a normal thing that you see in military cases like this or no?

TOOBIN: That really is. A court-martial is kind of a hybrid of an ordinary criminal case and something specially designed for the military. You have jury trials in both. But juries in military court-martials go from three to nine people. It is not the 12 in a criminal case. Depending on how many soldiers are available to serve on a jury that's how many serve in a court-martial. So there are similarities, but there are also differences.

PHILLIPS: So do you think we could see a change of venue out of Baghdad?

TOOBIN: Well, that's one of the similarities. The defense lawyers here are certainly looking at the question of a change of venue because here you have a situation where in Baghdad, of all places, the military wants to show that they are taking this seriously. Defense lawyers may say, we don't have any chance here because the prosecution is so interested in proving that we're taking this misconduct seriously that there's no shot at an acquittal. This is why you may see a move for a change of venue to perhaps another overseas base or back home to the United States.

PHILLIPS: All right, so you're saying American military will want to prove to Iraqis, hey, we are doing something about this, we're taking care of the problem. Yet you mentioned battlefield court- martials usually are more lenient. So soldiers here, could they be used as a scapegoat if it's not addressed at the beginning?

TOOBIN: That's what defense lawyers are going to have to weigh here, because the conventional wisdom of court-martials is sometimes when you're tried away from the United States near a battlefield, the jury on a court-martial understands a little better the pressures you're under and may be more sympathetic to someone who is accused of misconduct.

On the other hand, you have the pressure of wanting to show the Iraqis of how seriously we take these offenses. So these will be the issues as these cases move through the system about whether the defendants and their lawyers try to get these cases moved out of Iraq. We'll see what happens.

PHILLIPS: So when you start looking at pre-trial publicity, that could become an issue now, and then you have the political pressure that's taking place. Could we see a number of soldiers coming forward saying, hey, this just isn't fair?

TOOBIN: Absolutely. And there is a unique motion you can make as a defendant in a court-martial where you can assert that there is so much command influence, you can assert essentially that higher-ups have already judged you guilty.

And here, where you have Secretary of Defense Rumsfeld, President Bush, calling for prosecutions, and after all, President Bush is commander-in-chief of the military, some defendants may say, look, this case is prejudged. We have no chance of getting a fair trial.

And that is an argument, rarely, but sometimes that does get court-martials dismissed. I doubt it would work here. But certainly it's something that defense lawyers are going to be thinking about asking for.

PHILLIPS: We'll be talking about it a lot more, I'm sure. Jeffrey Toobin, thanks so much.

TOOBIN: OK, Kyra.

PHILLIPS: Reviewing detainee operations in Afghanistan. The U.S. commander there wants to make sure prisoners are treated fairly. A general will personally visit every detention center under coalition command in Afghanistan now. There are about 20 of them. The general will be responsible for making sure they all meet international regulations and the spirit of the Geneva Conventions.

(MARKET REPORT)

(COMMERCIAL BREAK)

PHILLIPS: Welcome back to the CNN Center in Atlanta. This is LIVE FROM... I'm Kyra Phillips.

All new this half hour: ugly images from ugly times. How much do you want to see from the war in Iraq? We'll debate it this half hour.

And this is one image we could not turn away from. We're calling it the cute commuter. More on that ahead.

But first here, top stories we're following for you.

The Pentagon investigating reports from Iraqis that a war plane attack on a wedding celebration killed at least 20 people today. Iraqi witnesses and video footage shot and distributed by the Associated Press say that planes fired on a small village near the Syrian border.

The top military commander in Iraq says U.S. military personnel previously disciplined over prisoner abuse may yet face criminal charges. Lieutenant General Ricardo Sanchez testified before the Senate Armed Services Committee today. Also there is commanding officer, General John Abizaid and Major General Geoffrey Miller who now supervises military prisons in Iraq. And a new bombshell from that Senate hearing. Senator John Warner, chairman of the Armed Services Committee, announced Pentagon investigators have found yet another disc of images showing abuse of inmates at Iraq's Abu Ghraib Prison.

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


Aired May 19, 2004 - 13:58   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: U.S. military misdeeds at an Iraqi prison. Generals in the hot seat and a soldier court-martialed.
(BEGIN VIDEO CLIP)

RUDY GIULIANI, FMR. NEW YORK CITY MAYOR: The city of New York had the best response to this horrific attack of any city in America at the time that it happened.

(END VIDEO CLIP)

PHILLIPS: Rudy Giuliani testifies before the 9/11 Commission. Would he have done anything differently that fateful day?

Ripple effect. Rising gas prices creating bumps in the road for other businesses across America.

Fattened foods, should certain forms of it be banned? A consumer group calls for drastic action.

From the CNN Center in Atlanta, I'm Kyra Phillips. Miles is off. This hour of CNN's LIVE FROM... starts right now.

Up first this hour, a guilty plea, a show of support, and a pledge of responsibility stemming from the prison abuse debacle in Iraq. We're covering the hearing in Baghdad today that sent a prosecution witness to a year's confinement. We're in Hyndman, Pennsylvania, where Jeremy Sivits is a hero, not a criminal, and we're on Capitol Hill, where the top brass says there may be more criminal charges and not just at the bottom of the chain of command.

First to Baghdad, where a makeshift courtroom in the Green Zone today was the site of the first prison abuse courts martial, an emotional proceeding with an unexpected ending.

CNN's Harris Whitbeck has our report.

(BEGIN VIDEOTAPE)

HARRIS WHITBECK, CNN CORRESPONDENT: Lots of security around the Baghdad setting for the court-martial of U.S. Army Specialist Jeremy Sivits and the arraignment of three other U.S. soldiers involved in abuses at Abu Ghraib Prison outside of Baghdad.

In his court-martial, Sivits broke down twice as he described the sometimes brutal beatings that some prisoners received and the sexual humiliation that they were subjected to and photographed by U.S. soldiers.

Sivits said in his summation, in his testimony, towards the end of the trial, that he apologized. He said the abuse shouldn't have happened. He apologized to the Iraqi people, to the detainees, to the court, to the Army, to his unit and to his family.

But contrition wasn't enough for military prosecutors, said the acts committed at Abu Ghraib were horrendous, appalling and simply wrong. He said the soldiers took advantage of others who were vulnerable. And the judge agreed. Sivits was sentenced to year in prison, a reduction in rank, and a bad conduct discharge.

Harris Whitbeck, CNN, Baghdad.

(END VIDEOTAPE)

PHILLIPS: A villain to some, a scapegoat to others, but Jeremy Sivits is a hero to Hyndman, Pennsylvania, come what may. Hyndman is Sivits' hometown and folks there remember their friend, neighbor, co- worker, son and husband as a decent man with a strong sense of duty.

Hyndman's former mayor says Sivits' father, a Vietnam vet, and mother just can't believe what happened.

(BEGIN VIDEO CLIP)

TOM CUNNINGHAM, FMR. HYNDMAN, PA, MAYOR: They're bewildered. That's the best word I can use. They just can't accept the whole thing. That whole thing is very hard for them to comprehend.

(END VIDEO CLIP)

PHILLIPS: Now that Sivits' case is decided, attention is turning to other soldiers accused in that scandal. Staff Sergeant Ivan "Chip" Frederick, Sergeant Javal Davis and Specialist Charles Graner chose not to enter pleas today. A hearing for all three is scheduled for June 21. Two other specialists, Sabrina Harman and Megan Ambuhl, will face courts martial tomorrow, so will Private First Class Lynndie England. England is seen grinning and pointing in several of the now infamous prisoner photographs.

Now to Capitol Hill where the uppermost links in the coalition chain of command today defended, explained and took responsibility for their tactics and procedures. CNN's Sean Callebs checks in with that -- Sean.

SEAN CALLEBS, CNN CORRESPONDENT: Well, Kyra, following the lead of the U.S. defense secretary, the general in charge of all operations in Afghanistan and Iraq says the buck stops here. It is his job to make sure abuse of Iraqi detainees doesn't happen again. And he said he'll take the blame for what has happened so far.

(BEGIN VIDEO CLIP)

GEN. JOHN ABIZAID, CMDR., U.S. CENTRAL COMMAND: Every officer is responsible for what his or her unit does or fails to do. I accept that responsibility for the United States Central Command.

(END VIDEO CLIP)

CALLEBS: Abizaid and two other generals testified before the Senate Armed Services Committee this morning and this afternoon. They are defending their handling of the abuse scandal at Abu Ghraib Prison in Baghdad. Military leaders contend problems with training and organization led to the environment that allowed abuse and mistreatment to occur at the prison.

The generals told Senate leaders there are "very specific changes going into place" to make sure other detainees aren't humiliated and tortured. General Ricardo Sanchez denied a published report that said he OKed the use of such tactics as sleep deprivation, excessive noise and intimidation in an effort to get prisoners to break and divulge information. And again, the question was why did commanders not catch the problems sooner? And were they the actions of a few or a widespread culture of abuse?

(BEGIN VIDEO CLIP)

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

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

(END VIDEO CLIP)

CALLEBS: Military leaders also say they are now calling Abu Ghraib Prison Camp Redemption. Senate leaders and perhaps the public haven't seen the last of photographs showing harsh treatment of detainees. Committee Chairman John Warner says the Pentagon found a new disc of digital photographs shows abuse of prisoners at Abu Ghraib. The generals also talked about another pressing concern, handing power over to an as yet unnamed Iraq government on June 30. General Abizaid said the goal is achievable but it is important to name the new Iraqi leaders and soon -- Kyra.

PHILLIPS: Sean Callebs out of Washington. Thank you.

Although the evolving Iraqi prisoner abuse scandal and court- martial proceedings are getting extensive media coverage in the U.S., that's not the top story today on Arab networks. Instead the headline is the latest Israeli military situation in Gaza. On most of the Arab television networks, coverage focused on Rafah with frequent breaking news updates on an explosion at what has been called a peaceful demonstration. Twenty-four people have been reported dead, many of them children. Israel is saying that its helicopter did not fire on the demonstrators but nearby to disperse the crowd. Ahead this hour, we'll have a live report from Gaza.

Former New York Mayor Rudy Giuliani today told members of the 9/11 Commission to stop finger-pointing. Less than an hour ago, the panel wrapped up two days of hearings in New York City. Mayor Michael Bloomberg and homeland security chief Tom Ridge were also on hand. Homeland security correspondent Jeanne Meserve has the details -- Jeanne.

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT: Kyra, the 9/11 Commission has now wrapped up its day-and-a-half of hearings here in New York City. And several people who lost family members or friends in that tragedy in 2001 are upset at what the hearings produced, or more specifically what they did not produce.

The proceedings were interrupted several times today by heckling by some of those family members and by friends and from others who were present at the proceedings today. They were saying that the tough questions were not being asked by the commissioners, questions about communications and coordination and evacuation, and about responsibility.

The witnesses today included the former mayor of New York City, Rudy Giuliani, and the present mayor, Michael Bloomberg. Michael Bloomberg used this platform to voice his discontent with homeland security funding. He said New York remains a target, it has been hit, it has been threatened, and yet New York State ranks 49th amongst the 50 states in per capita spending on counterterrorism. He blamed that on pork barrel politics in Congress which he said aided and abetted the enemy.

(BEGIN VIDEO CLIP)

MAYOR MICHAEL BLOOMBERG, NEW YORK CITY: Supposed to do what's right for New York City. I'm not trying to win a popularity contest. I'm trying to make sure that this city continues to be a place where people can go about their lives safely and enjoy the freedoms that America is all about. And I would feel a lot worse if I didn't urge Congress to do it. I think the way they've been giving out money is a travesty. I don't think any rational person disagrees with that.

(END VIDEO CLIP)

MESERVE: Several commission members said they agreed absolutely with what Bloomberg had to say. At least one of them applauded him for bringing up the issue in such a public way today. Secretary Tom Ridge was asked about today, he also agreed that New York City deserved more in the way of funding, said the administration had proposed it to Congress but had been thwarted.

Kyra, back to you.

PHILLIPS: Jeanne Meserve, thank you.

Other news across America begins with a court-martial in Georgia. Staff Sergeant Camilo Mejia went AWOL rather than go back to Iraq. If convicted of desertion, the national guardsman could go to prison for a year and receive a bad conduct discharge. Mejia calls the war oil- driven.

Crude boycott. A widely circulated e-mail is urging motorists not to buy any gasoline today. It seeks to channel consumer anger over skyrocketing gas prices by making oil companies choke on their stockpiles. But industry experts say the only backup it would create would be in lines at the gas pumps when the boycott ends. The national average for regular gas is more than $2 a gallon.

No strings attached . A stolen Stradivarius cello has been returned. It's damaged but can be repaired. A nurse found the priceless instrument in the trash. Police say she considered converting the $3.5 million cello into an elaborate CD holder. Then she found out it was stolen.

Straight ahead, a day of violence and confusion. Israeli forces take action in Gaza. We'll have a live report from there straight ahead.

And we want to hear from you. How much is too much when it comes to graphic images of war in Iraq? E-mail us at livefrom@cnn.com. We'll air some of your comments later this hour when we debate the issue.

(COMMERCIAL BREAK)

No way for Atlanta baseball fans to keep a "Brave" face about last night's home game, as Randy Johnson became the 17th pitcher in Major League history to pitch a perfect game. At age 40, Johnson is also the oldest pitcher in the majors to accomplish that feat. He retired all 27 Atlanta hitters in a 2-0 win at Turner Field.

Meanwhile, "The New York Times" says Yankees fans are revolting, well, some of them, anyway, after someone in the front office makes a (UNINTELLIGIBLE) decision to retire Crackerjack from the concession stands. What's that about? Instead of singing "buy me some peanuts and Crackerjacks" during the seventh inning stretch, Yanks fans will have to say buy me some peanuts and Crunch 'n Munch? To be technically correct. Some gripe in addition to flying in the face of baseball tradition, Crunch n' Munch also lacks a prize. Are giving the decision a Bronx cheer. The Mets say they won't make the same call at Shea.

We're going to take a quick break, and we're mad, we'll be right back.

(COMMERCIAL BREAK)

PHILLIPS: Now, more on today's bloodshed in Gaza and conflicting stories about a deadly incident this morning in Rafah. An explosion in a crowd of Palestinian demonstrators killed 24 people and left many more wounded. But Israeli military sources say they only fired on an open area to disperse the crowd. CNN's Matthew Chance with more now from Gaza City and the violence that shows no signs of abating - Matthew.

MATTHEW CHANCE, CNN CORRESPONDENT: Kyra, thanks. And as always in these situations, there is a great deal of confusion surrounding the detail of exactly what happened. We've got conflicting reports of a number of casualties. You mentioned the figure of 24, but we've spoken to hospital officials down there. They're saying just 18 at this stage. Although there are a number of seriously wounded people as well. So that figure may climb.

At the same time, I've just been contacted by the Israeli military. They say that to their calculations only seven people were killed as a result of this. So it's still up in the air, we're still trying to get as much information as we can from the ground.

What is clear, though, the consequences of this attack by an Israeli helicopter gunship as well as Israeli tanks, firing to disperse a crowd of angry protesters as they marched toward the Tel Sultan (ph) area of the Rafah refugee camp. That's the place where there's been a great deal of Israeli military action over the course of the past three days and it's under tight military curfew.

Israel, for its part, has come across and said that it apologizes for the loss of innocent life and said it has launched a full investigation into exactly what happened. One of the things it is looking into, it says, is that a tank, an Israeli tank fired four shells into what it believed was an abandoned building. They say that may have been the cause of the casualties, but certainly they say this was not a deliberate attempt to kill.

Again though, Palestinian officials condemning this as a crime, saying that the international community should bolster itself and form an international force to give protection to Palestinian civilians in the Gaza Strip -- Kyra.

PHILLIPS: Matthew Chance live from Gaza. Thank you. We're going to take a quick break. More LIVE FROM... right after this.

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PHILLIPS: Creating scapegoats in Iraq? Specialist Jeremy Sivits was sentenced to a year of confinement for his role in the Iraqi prisoner abuse scandal. The stakes are higher for the rest of those accused. And there is added pressure of having the world watching. Legal experts say it is unfolding like a classic criminal investigation. Our Jeffrey Toobin joins us live from New York.

Jeffrey, let's talk about how this is unfolding like a criminal investigation, i.e., cutting deals for cooperation.

JEFFREY TOOBIN, CNN LEGAL ANALYST: That's right, Kyra. I mean, this is a classic maneuver by prosecutors, is you get the less culpable person to plead guilty to a lesser charge at the beginning. And then you start to move up through the chain.

Specialist Sivits today pled guilty in what's called the special court-martial, which means he faced only a maximum of a year in prison which is what he got. But the rest of the people who were charged in this matter, they are facing much longer prison sentences and their trials are still to come.

PHILLIPS: Now a special court-martial is different from a general court-martial. TOOBIN: Right. A special court-martial is roughly translated like a misdemeanor court. The most you can get in a prosecution in a special court-martial is a year in prison and a bad conduct discharge and a reduction in rank. That's what Specialist Sivits was sentenced to today. Things move very fast in court-martials. General court- martials, the stakes are much higher. Much longer prison terms, dishonorable discharge, that's what the other people involved in this scandal face. And that's still to come.

PHILLIPS: Now it's a special court-martial, but we're seeing signs of an ordinary criminal investigation taking place. So why are we sort of seeing a mixture of the two? Is that a normal thing that you see in military cases like this or no?

TOOBIN: That really is. A court-martial is kind of a hybrid of an ordinary criminal case and something specially designed for the military. You have jury trials in both. But juries in military court-martials go from three to nine people. It is not the 12 in a criminal case. Depending on how many soldiers are available to serve on a jury that's how many serve in a court-martial. So there are similarities, but there are also differences.

PHILLIPS: So do you think we could see a change of venue out of Baghdad?

TOOBIN: Well, that's one of the similarities. The defense lawyers here are certainly looking at the question of a change of venue because here you have a situation where in Baghdad, of all places, the military wants to show that they are taking this seriously. Defense lawyers may say, we don't have any chance here because the prosecution is so interested in proving that we're taking this misconduct seriously that there's no shot at an acquittal. This is why you may see a move for a change of venue to perhaps another overseas base or back home to the United States.

PHILLIPS: All right, so you're saying American military will want to prove to Iraqis, hey, we are doing something about this, we're taking care of the problem. Yet you mentioned battlefield court- martials usually are more lenient. So soldiers here, could they be used as a scapegoat if it's not addressed at the beginning?

TOOBIN: That's what defense lawyers are going to have to weigh here, because the conventional wisdom of court-martials is sometimes when you're tried away from the United States near a battlefield, the jury on a court-martial understands a little better the pressures you're under and may be more sympathetic to someone who is accused of misconduct.

On the other hand, you have the pressure of wanting to show the Iraqis of how seriously we take these offenses. So these will be the issues as these cases move through the system about whether the defendants and their lawyers try to get these cases moved out of Iraq. We'll see what happens.

PHILLIPS: So when you start looking at pre-trial publicity, that could become an issue now, and then you have the political pressure that's taking place. Could we see a number of soldiers coming forward saying, hey, this just isn't fair?

TOOBIN: Absolutely. And there is a unique motion you can make as a defendant in a court-martial where you can assert that there is so much command influence, you can assert essentially that higher-ups have already judged you guilty.

And here, where you have Secretary of Defense Rumsfeld, President Bush, calling for prosecutions, and after all, President Bush is commander-in-chief of the military, some defendants may say, look, this case is prejudged. We have no chance of getting a fair trial.

And that is an argument, rarely, but sometimes that does get court-martials dismissed. I doubt it would work here. But certainly it's something that defense lawyers are going to be thinking about asking for.

PHILLIPS: We'll be talking about it a lot more, I'm sure. Jeffrey Toobin, thanks so much.

TOOBIN: OK, Kyra.

PHILLIPS: Reviewing detainee operations in Afghanistan. The U.S. commander there wants to make sure prisoners are treated fairly. A general will personally visit every detention center under coalition command in Afghanistan now. There are about 20 of them. The general will be responsible for making sure they all meet international regulations and the spirit of the Geneva Conventions.

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PHILLIPS: Welcome back to the CNN Center in Atlanta. This is LIVE FROM... I'm Kyra Phillips.

All new this half hour: ugly images from ugly times. How much do you want to see from the war in Iraq? We'll debate it this half hour.

And this is one image we could not turn away from. We're calling it the cute commuter. More on that ahead.

But first here, top stories we're following for you.

The Pentagon investigating reports from Iraqis that a war plane attack on a wedding celebration killed at least 20 people today. Iraqi witnesses and video footage shot and distributed by the Associated Press say that planes fired on a small village near the Syrian border.

The top military commander in Iraq says U.S. military personnel previously disciplined over prisoner abuse may yet face criminal charges. Lieutenant General Ricardo Sanchez testified before the Senate Armed Services Committee today. Also there is commanding officer, General John Abizaid and Major General Geoffrey Miller who now supervises military prisons in Iraq. And a new bombshell from that Senate hearing. Senator John Warner, chairman of the Armed Services Committee, announced Pentagon investigators have found yet another disc of images showing abuse of inmates at Iraq's Abu Ghraib Prison.

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