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The Situation Room

Jury Finds Moussaoui Eligible for Death Penalty; Iran's Show of Force; Fight for Iraq

Aired April 03, 2006 - 19:00   ET

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

WOLF BLITZER, CNN ANCHOR: And to our viewers, you're in THE SITUATION ROOM, where new pictures and information are arriving all the time.
Standing by, CNN reporters across the United States and around the world to bring you tonight's top stories.

Happening now, it's early morning in Tehran. Is Iran trying to threaten America? Revolutionary Guards are rattling their sabers in the form of homemade missiles and high-speed torpedoes.

It's 7:00 p.m. here in Washington, where police may be seeking an arrest warrant for a member of the United States Congress after a Capitol Hill scuffle. But Cynthia McKinney is not backing down from the next round. I'll have an exclusive interview with the congresswoman.

And is Al Gore warming up for another run at the White House? He blames the Bush White House for ignoring global warming and gets a chilly response from Republicans.

I'm Wolf Blitzer. You're in THE SITUATION ROOM.

Tonight we're following a developing story. A United States congresswoman facing possible arrest over a scuffle with Capitol Hill Police.

CNN has learned from law enforcement sources the U.S. Capitol Police has referred the case of Democratic Congresswoman Cynthia McKinney to the U.S. Department of Justice. The dispute centers on whether the congresswoman assaulted a police officer last Wednesday. The Justice Department will ultimately make the determination about whether or not to seek an arrest warrant.

Coming up, we're going to hear her side of the story in an exclusive interview. Cynthia McKinney joins us here in THE SITUATION ROOM. We'll get to that.

But first, there are also new developments in the case of Zacarias Moussaoui. A federal jury has found the confessed al Qaeda conspirator is responsible for American deaths on 9/11 and thus eligible for the death penalty.

Our Justice correspondent, Kelli Arena, is joining us now live from the courthouse in nearby Alexandria, Virginia -- Kelli.

KELLI ARENA, CNN JUSTICE CORRESPONDENT: Wolf, the jury deliberated for 17 hours. And in the end, its verdict was unanimous.

(BEGIN VIDEOTAPE)

ARENA (voice over): Zacarias Moussaoui sat there ignoring the judge and jury, mumbling to himself. When the court was asked to stand for the verdict to be read, he defiantly remained seated. They jury unanimously decided Moussaoui is responsible for at least one death on September 11th.

EDWARD ADAMS, COURT SPOKESMAN: By this verdict the jury has found that death is a possible sentence in this case.

ARENA: As Moussaoui left the courtroom, he yelled, "You'll never get my blood! God curse you all!" His defense team had no comment.

The Justice Department said it's pleased with the jury's ruling. That same jury will now hear more testimony and decide what Moussaoui's sentence will be. It has two choices: death or life in prison.

KENDALL COFFEY, FMR. U.S. ATTORNEY: I think death penalty eligible is going to turn into death penalty certain, because one of the key things in this next phase is going to be victim impact testimony, how person after person who lost loved ones on 9/11 talks about the devastating, shattering impact that those murders had on their lives.

ARENA: Some 9/11 family members expressed satisfaction the death penalty option is still on the table. Abraham Scott's wife was working in the Pentagon when Flight 77 hit and killed her.

ABRAHAM SCOTT, WIDOWER OF 9/11 VICTIM: I will also say that I love my wife truly and I know that whatever happens to him will not bring her back. But I do believe that her -- the death of Moussaoui will -- will bring comfort.

ARENA: Other family members don't think Moussaoui should be executed. Some worry he will be seen as martyr if he is.

(END VIDEOTAPE)

ARENA: The new phase of the trial begins on Thursday. As the government presents 9/11 victims, the defense is expected to bring up Moussaoui's troubled past and argue that he's mentally unstable -- Wolf.

BLITZER: Kelli, thank you very much.

Another developing story we're following tonight. Iran showing its military might. Now the United States is questioning Tehran's motive.

Our national security correspondent David Ensor has the details -- David.

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT: Wolf, if Iran's goal with recent weapons tests was to get Washington's attention, it succeeded.

(BEGIN VIDEOTAPE)

ENSOR (voice over): The most recent tests were of two new types of high-speed torpedoes, capable, Iran said, of going over 200 miles an hour underwater to hit a submarine at any depth and to break a surface warship in two. Tests came as part of a large Iranian naval exercise in the Gulf dubbed "The Great Prophet."

Pentagon spokesman Bryan Whitman in a statement said, "It is not surprising that they have tested this weapon." He said, "The Iranians have been known to boast and exaggerate their statements about greater technical and tactical capabilities."

Just last week, Iran tested a new land-based missile, the Fajr-3, which it claims can carry several warheads and can evade enemy radar systems. Iran already has a mid-range missile, the Shahab-3, with a range of more than a thousand miles.

The tests come as Iran's leaders face a call by the United Nations Security Council for Tehran to give up plans to enrich uranium. Many fear Iran may be trying to develop an Iranian nuclear weapon.

DAVID KAY, FMR. IRAQ WEAPONS INSPECTOR: I think the largest message was political, political to the U.S., political to our allies in the Gulf, and to the Chinese and the Russians and the Indians. Look, Security Council action, if it escalates, has the potential of escalating into a military conflict. And don't expect Iran to be like Iraq.

ENSOR: State Department and other officials say the new weapons are not as powerful as the Iranians would have the world believe, but they are advances on the existing Iranian arsenal.

(END VIDEOTAPE)

ENSOR: The main point here, though, U.S. officials say, is to try to convince Americans and others around the world that military action to try to eliminate Iran's nuclear program would simply carry too high a cost -- Wolf.

BLITZER: David, thank you very much.

David Ensor reporting.

Meanwhile, there's been a sharp rise in the death toll for American forces in Iraq. The U.S. military says a soldier died of wounds suffered yesterday in the town of Hit. And it says three Marines and a sailor were also killed by hostile fire yesterday in the Anbar province.

Five more Marines died when a truck rolled over during a flashflood. Two Marines and a sailor are missing -- 2,342 troops have died in Iraq since the start of the war.

Meantime, the United States and Britain are putting pressure on local leaders to try to put a government together.

CNN's Aneesh Raman is in Baghdad -- Aneesh.

ANEESH RAMAN, CNN CORRESPONDENT: Wolf, saying the Iraqi people are "losing patience," Secretary of State Condoleezza Rice, in Iraq, met with the various political leaders and called upon them to from a unity government and to do so now.

She arrived in Iraq on Sunday with her British counterpart, Foreign Secretary Jack Straw, on a surprise visit meant to deliver that bold statement and underline the importance of a unity government, what many officials, including U.S. officials, see as the exclusive path to bringing about stability in Iraq. Now, neither secretary named any specific person as who should lead the country for next four years, but there was no endorsement of the Shia candidate for prime minister, Ibrahim al-Jaafari, who has come under wide criticism from the Sunni and Kurdish politicians.

They have said Jaafari should step aside. He has shown no indication he plans to do so.

That impasse has lead to a power vacuum that many suggest is aiding the insurgency and allowing the violence here to continue. Secretary Rice said that she told all Iraqi politicians to look within themselves to find out what course is best for Iraq.

Meanwhile, Iraqis who went to the polls in mid-December, now months after are still waiting for the government to form -- Wolf.

BLITZER: Aneesh, thank you very much.

Aneesh is in Baghdad.

Zain Verjee has the day off. Betty Nguyen is joining us tonight from the CNN Center in Atlanta with a look at some of other news making headlines.

Hi, Betty.

BETTY NGUYEN, CNN ANCHOR: Hi there, Wolf. Take a look at this.

Northwestern Tennessee just in shambles. At least 23 people in that part of the state were killed by storms that spawned powerful tornadoes, hail and high winds. Eighteen hundred homes and businesses were destroyed in two Tennessee counties.

The wild weather Sunday left destruction, downed power lines, and toppled trees in eight states. Three people were killed in Missouri. Another person died in Illinois.

Well, the "Christian Science Monitor" says the U.S. government played a larger role in trying to find reporter Jill Carroll than acknowledged at the time. Carroll was reunited with her family and visited her newspaper colleagues in Boston today. She was held for 82 days before her release in Baghdad last week. Fuel prices continue their steady climb. The government says average prices at the pump shot up nine cents a gallon to their highest level since October. The average price is $2.59 a gallon, 26 cents higher than a month ago and 37 cents higher than this time last year.

Well, it's time to play a little baseball. President Bush tossed out the ceremonial first pitch of the new Major League Baseball season today. He sent the ball high and wide to Cincinnati catcher Jason LaRue.

The Reds hosted the Chicago Cubs for the season opener at the Great American Ballpark. The Cubs won, 16-7.

But Wolf, what did you think about that pitch? He put some heat on it?

BLITZER: I thought it was a pretty good pitch. I was impressed given the fact that this is not a youngster. But he's a good -- he's a good pitcher.

NGUYEN: True. True.

BLITZER: Thanks very much, Betty, for that.

NGUYEN: Sure.

BLITZER: You know who else is a good pitcher? Jack Cafferty. If he were throwing out the first pitch, he would not only throw it right down the middle, it would be blazing.

Right, Jack?

JACK CAFFERTY, CNN ANCHOR: I've got no fastball anymore, Wolf. Those days are over.

BLITZER: You got a slider? You got a curveball? What do you got?

CAFFERTY: I got nothing.

Longtime conservative William F. Buckley, Jr. says that President Bush will be judged on the outcome of the war in Iraq. And he calls the war a failure.

The founder of "The National Review" said in an interview with Bloomberg Television -- we quote here -- "Mr. Bush is in the hands of a fortune that will be unremitting on the point of Iraq. If he'd invented the Bill of Rights it wouldn't get him out of his jam."

I love the way Buckley talks.

That has to hurt coming from the 80-year-old Buckley, a man who has been called the father of contemporary conservatism in America. Buckley said he doesn't have a formula for getting out of Iraq, but he said it's important to acknowledge that the war has failed. So here's the question: Conservative William Buckley says President Bush will be judged on the outcome of the war in Iraq. Do you agree?

Send your answers to caffertyfile@cnn.com or go to cnn.com/caffertyfile -- Wolf.

BLITZER: Thank you very much, Jack, for that.

There's a developing story we're following this hour. A congresswoman facing possible arrest. That would be Cynthia McKinney, and she's going to be joining us in THE SITUATION ROOM. I'm going to ask her what happened during a scuffle with Capitol Police.

Also, plane crash survivors. We'll find out how everyone made it out of this wreck alive and why the U.S. military is calling it a miracle.

And Al Gore's green attack. He's going after President Bush on global warming. But is he eying another run for the White House? There's new information coming out. We'll share it with you right here in THE SITUATION ROOM.

(COMMERCIAL BREAK)

BLITZER: They're using the word "miracle" quite a bit tonight at the U.S. Air Force base in Dover Delaware. That's where all 17 people on board a military cargo jet survived a crash that broke the plane apart.

CNN's Brian Todd is joining us now live from Dover with the latest on the investigation and what happened -- Brian.

BRIAN TODD, CNN CORRESPONDENT: Wolf, we're going to show it to you again, this plane behind me. Looking at that fuselage there, the tail ripped open, the whole cargo pretty much exposed earlier today. You wouldn't think that anybody inside that plane was actually fortunate. That's exactly how it played out on that field.

(BEGIN VIDEOTAPE)

TODD (voice over): A monster of a plane six stories high, nearly a football field long ripped open, the cockpit severed, its cargo exposed. The tail nowhere in sight.

One officer makes it clear. The 17 people onboard this Air Force C-5 transport could have suffered a fate much worse.

COL. MIKE RUSE, U.S. AIR FORCE: It's a miracle. It's absolutely a miracle. If you look at the condition of that plane and 17 people are still alive right now, it's absolutely amazing.

TODD: 6:21 a.m. Eastern Time, the plane lifts off from Dover Air Force Base headed for Ramstein Air Base in Germany. The pilot reports a flame out on engine two. COL. CHAD MANSKE, U.S. AIR FORCE: And a return to the Air Force base was coordinated and the crash landing took place at approximately 6:42 this morning.

TODD: A hospital official tells CNN most of those admitted to one local hospital were covered in jet fuel. Key to their survival, this plane loaded with enough fuel to get to Europe did not ignite on impact.

(END VIDEOTAPE)

TODD: Another possible key factor, we spoke to one man who investigated the crash of another C-5 many years ago. He said that in planes like, when there are very few people on board -- and remember, only 17 people on board this plane -- when there are so few people on board, he said most of the people inside, passengers, crew, everyone else, sit up in the plane very, very high. There is space down below for others, but only if the plane is crowded.

The fact that there were only 17 people on board and the fact that this plane skidded on almost what they call a water landing and then opened up on the ground, means that the people sitting up high, it's very likely a reason that they survived -- Wolf.

BLITZER: Brian Todd at Dover Air Force Base.

Thank you, Brian, for that.

In the past, Al Gore has accused President Bush of lying about ties between al Qaeda and Saddam Hussein. He's accused the administration of breaking the law with its domestic spying program. But even with all that you might say he was just getting warmed up.

Right now, Al Gore is unleashing a tough anti-Bush tongue-lashing in a new magazine article.

CNN's Mary Snow is joining us from New York. She's got the latest -- Mary.

MARY SNOW, CNN CORRESPONDENT: Well, Wolf, it's Al Gore unedited. He says he's not running for office, but an article he wrote for "Vanity Fair" shows he's still very much involved in politics. He mixes the bible with the Beltway and he slams the Bush administration for its handling of 9/11, Hurricane Katrina, with the most stinging words over global warming.

(BEGIN VIDEOTAPE)

SNOW (voice over): In a blistering attack on global warming, Al Gore compares the Bush administration to disgraced British Prime Minister Neville Chamberlain, who Gore says "found it inconvenient to see the truth about the nature of the evil threat posed by the Nazis."

DOUG HATTAWAY, HATTAWAY COMMUNICATIONS: I think this is one of those issues where people who voted for Al Gore step back and say, how would things be different today if Al Gore were president rather than George Bush?

SNOW: Doug Hattaway worked on Gore's campaign in 2000, though he does not believe Gore's sharp attacks are a sign Gore plans to run in 2008. Hattaway sees Gore as using spiritual writings in the articles to reach out to evangelicals who typically vote Republican.

Hattaway cites in another part of the piece as Gore's attempt to win them over. Gore writes, "When we rise, we will experience an epiphany as we discover that this crisis is not really about politics at all. It is a moral and spiritual challenge."

AL GORE, FMR. VICE PRESIDENT OF THE UNITED STATES: I'm not planning to be a candidate again.

SNOW: Gore recently told an audience in Tennessee he was not seeking to run for the White House, but also added...

GORE: I haven't reached a stage in my life where I'm willing to say never in the future will I ever consider something like that again.

SNOW: Polls show Gore with about 13 percent support, roughly the same as John Kerry and John Edwards. All lag behind Hillary Clinton, who has 39 percent of Democratic voter support for 2008.

But pollsters see Al Gore having an advantage should he run.

KEATING HOLLAND, CNN POLLING DIRECTOR: I think the major strength of Al Gore is that he does not have a paper trail or any votes to speak of on the Iraq war.

(END VIDEOTAPE)

SNOW: Now, the Republican National Committee had some harsh words for Al Gore in response to his comparison of the Bush administration to Neville Chamberlain. In a statement, the RNC says, "Al Gore's latest rant makes it clear that he is divorced from reality. Blowing hot air is certainly not going to help global warming" -- Wolf.

BLITZER: Mary, thank you very much.

And just ahead here in THE SITUATION ROOM, there's a developing story we're following. A member of Congress facing possible arrest for a Capitol Hill scuffle. Cynthia McKinney, though, is not backing down. I'll have an exclusive interview with the congresswoman.

And a tough new law puts doctors and patients under pressure. We'll take you to the last abortion clinic left in South Dakota.

You're in THE SITUATION ROOM.

(COMMERCIAL BREAK)

BLITZER: Now a developing story that's -- we have been following for the past hour. Medical researchers report a breakthrough nothing short of remarkable. They say they can regrow an organ. The mother of one young patient, Kaitlin McNamara (ph), calls it science fiction at its best.

Here's CNN Senior Medical Correspondent Dr. Sanjay Gupta.

(BEGIN VIDEOTAPE)

DR. SANJAY GUPTA, CNN SR. MEDICAL CORRESPONDENT (voice over): Kaitlin's (ph) bladder was the size of a thimble and could not sustain normal amounts of fluid, causing major damage to her kidneys. Doctors offered the most common surgical option, using a piece of intestine to create a new bladder. But that procedure not without risks.

DR. ANTHONY ATALA, WAKE FOREST UNIVERSITY: This may lead to problems with bone growth, mucus production, certain metabolic problems, even cancer.

GUPTA: Dr. Anthony Atala, a urologist at Wake Forest University, believed there had to be a way to dodge those problems. Kaitlin's (ph) own bladder, not just repairing it, but creating an entirely new bladder using her own cells.

So how does it work? Well, a small piece less than the size of a postage stamp is taken from the patient's bladder. Both muscle and bladder cells are teased out from that piece of the bladder and grown in a petri dish. When there are a sufficient number of cells, they're layered on to a three-dimensional mold shaped like a bladder and they're allowed to grow.

Several weeks later, the cells have produced a newly-engineered bladder which is implanted into the patient. Several more weeks later, the new bladder has grown fully inside the body and can function on its own.

All seven patients who underwent the procedure, including Kaitlin (ph), report dramatic improvements.

Dr. Sanjay Gupta, CNN, reporting.

(END VIDEOTAPE)

BLITZER: This is amazing stuff. And you can see a lot more of Sanjay's report on "ANDERSON COOPER 360." That airs 10:00 p.m. Eastern tonight here on CNN.

It's not easy for a woman to get an abortion in South Dakota. There are limited choices to contend with, but that's precisely why some doctors are taking up the work South Dakota resident doctors won't.

CNN's Drew Griffin is joining us now from the CNN Center with more on this story -- Drew.

DREW GRIFFIN, CNN CORRESPONDENT: Wolf, there's not a single doctor in the state of South Dakota that will perform an abortion. In fact, it's been going on for eight years now, which is why once a week a doctor from out of state flies into Sioux Falls. Last week we took that trip with one of those doctors to find out why she does it.

(BEGIN VIDEOTAPE)

GRIFFIN (voice-over): It is a 15-minute drive from the airport to the Sioux Falls Planned Parenthood Clinic. Because abortions are only offered one day a week by the out-of-state doctors, the parking lot full. There are no protesters. Still, the doctor enters through a back door.

UNIDENTIFIED FEMALE: For security reasons.

GRIFFIN: A medical staff has already done most of the medical screening. The patients have been counseled and have waited at least the mandatory 24-hour period to think it through.

UNIDENTIFIED FEMALE: We always worry about people who are ambivalent and they're not sure they want to do this. And sometimes we'll say don't do this, you don't want to do this today, you're not ready. Please go home, think about it some more and come back if you want.

GRIFFIN (on camera): That happens?

UNIDENTIFIED FEMALE: Oh, yes. Yes. So, adoption is a wonderful thing, and they're always given the option to have a pregnancy and have the child placed for adoption. So they're all given that during their counseling session, that choice. And I admire those that do. But not very many do, I have to say.

(END VIDEOTAPE)

GRIFFIN: Her name is Dr. Miriam McCreary (ph), 70 years old, retired, and a grandmother of 10. Wolf, she makes this trip once, sometimes twice a month, because she believes it is every woman's right to end an unwanted pregnancy even in a state that wants to end all abortions -- Wolf.

BLITZER: Thank you very much, Drew.

And to our viewers, you can see a lot more of Drew's special report right at the top of the hour. That's coming up on "PAULA ZAHN NOW."

Just ahead, a developing story we're following here in Washington. Capitol Police are seeking an arrest warrant for Congresswoman Cynthia McKinney after her run-in with an officer. I'll get her reaction coming up in an exclusive interview.

Stay with us.

(COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

BLITZER: Welcome back. We're following a developing story right now. CNN has confirmed from federal law enforcement officials that Capitol Police are asking federal prosecutors to an issue an arrest warrant for Democratic Congresswoman Cynthia McKinney of Georgia. They filed a complaint stemming from an incident last week between the Georgia Democrat and a Capitol Police officer as she tried to enter a House office building without a lapel pin that identifies her as a member of the United States Congress.

Representative McKinney is joining us now from the CNN Center in Atlanta. Also joining us here in Washington, her attorney, James Myart, and in Orlando, her other attorney, Mike Raffauf. He's joining us as well by phone.

Thanks to all of you for joining us.

Let me get your immediate reaction, Congresswoman, to this news federal law enforcements officials are being asked by Capitol Hill police to issue an arrest warrant because of that incident last week.

REP. CYNTHIA MCKINNEY (D), GEORGIA: You know that's a legal issue and I can't respond to that. First of all, I want to commend you for the balanced way in the way you have covered this story. From what I have seen, from what the stories I have heard, you have been balanced. I appreciate that.

What I want to say, though, is that we have had two press conferences. One was on Friday with Harry Belafonte and Danny Glover. Several members of a tour group of young people who had come to Washington from Georgia. Surprisingly I didn't even know about their experience. Surprisingly, they, too, had story to tell about the Capitol Hill police. These were African-American young people.

BLITZER: I want to get to that story and here your side of what happened. But let me your attorney respond specifically to this suggestion, this report we have confirmed that Capitol police are asking federal prosecutors to go ahead and issue an arrest warrant. What do you make of this?

JAMES MYART, MCKINNEY'S ATTORNEY: Let me simply respond by saying that is simply not true. I have been in contact with the Capitol Hill police. I have had an opportunity to review just exactly what it is they're attempting to do. They are doing no more than any law enforcement agency does, that is, simply to file with the prosecutors, the necessary paper work for them to further investigate the case. With regard to the issue of an arrest warrant, that is totally incorrect.

BLITZER: It's up to the federal prosecutors to determine whether or not to go forward with an arrest warrant. James, you're hearing that Capitol police haven't made an a recommendation. Is that what you're saying?

MYART: I'm saying that the Capitol police have sworn out the affidavit and submitted it to the prosecutors. That's basically it. I have been in contact with them on a daily basis, even in person. This is not what they have done. They have done what every law enforcement agency does. That is to issue their recommendations or at least their report to the prosecuting attorneys and that's it.

BLITZER: Let's leave that for a moment. Congresswoman, I want to bring you back into this conversation. Tell our viewers what happened last week. You were walking into the Longworth House office building, one of the House of Representatives office buildings right near the U.S. Capitol. You were going through the metal detector. Pick up the story. What happened? I was asking the Congresswoman to tell us what happened.

MCKINNEY: I understand the question and I understand that while this is in this process, there are certain questions I can't ask. They are better responded to by the attorneys. What I can say is that this idea that the security of members of Congress is contingent on either a piece of jewelry or the way they wear their hair, I don't understand.

It means, then, that the Congress and the members of Congress are not secure. If the members of the United States Capitol Hill police, who are charged with the responsibility of protecting the members of Congress, don't know who they are, what does that say to us about the kind of security that we have?

BLITZER: Congresswoman, there are 435 members of the House of Representatives, 100 senators. There are law enforcement, Capitol Hill police. Members of the House wear a little lapel pin to identify them as members of Congress. Thereby they can avoid going through the metal detectors. They go around them as you well know. On that day, you weren't wearing your lapel pin.

MCKINNEY: You know, if you look at C-Span, and the speeches from the floor of the House, any given day you will see there are very many members of Congress who don't happen to have their pins on while they're speaking on the floor of the House.

Let me just say, the requirement for pages to become a Congressional page at age 16 is to know by face, and by name the members of the United States Congress. Don't you think that the United States Capitol police ought to also know the members of Congress by name and by face? And then, there are only 14 African- American women members of Congress. I don't understand what it is about my face that certain members of the Capitol Hill police department can't remember.

BLITZER: Here's what some of your critics are saying. I know you know this. We'll put a picture up. A recent photo that is in the Capitol Hill book. This is what you looked like now obviously, you have a new hair style as opposed to your old hair style. What they are saying is when you changed your hair style they didn't recognize you. They politely asked you to stop. You resisted several attempts by one of the Capitol Hill police officers to stop and to identify yourself. As a result, there was this altercation, in which they say you allegedly hit the police officer. MCKINNEY: Wolf, the only thing I can say about the juxtaposition of those two pictures is that in one of them I happen to have a little more makeup on. About the way I am here on CNN today. The bottom line is that my face hasn't changed. And I haven't changed. I have looked like this for the entire 11 years I have been in Congress.

So, I don't understand exactly why it is that certain police officers have a problem remembering my face.

BLITZER: I guess the basic question is if the stop and identify yourself and go through the metal detector. What was the big deal? Why not do that?

MCKINNEY: That goes to the heart of press conference that we had today. I want to thank you for covering the other press conference that we had on Friday with Danny Glover and Harry Belafonte.

But today, we had Black elected officials from the Georgia Legislative Black Caucus. At the time Coretta Scott King's body lay in state at the Georgia State Capitol, the Georgia Legislative Black Caucus was not allowed into the building to form a part of the procession. Why? They can't even answer the question. Except that the security at the Georgia Capitol didn't recognize them as duly elected members able to carry out the mandate of the people who sent them to legislature.

As a result of police action, that was -- we can't understand why -- the members of the Georgia Legislative Black Caucus were disrespected, that is what they said today and forced to look at the body of Coretta Scott King from the third floor of state capitol. The bottom line on this, is that it doesn't member if you're in the United States Capitol or the Georgia Capitol, the issue is racial profiling.

That is something that we're going the have to deal with as a country.

BLITZER: I want to continue this conversation. But I want to take a quick commercial break. I have more questions to ask you. Stay with us. Your attorney's are going to stay with us as well. Much more with Congresswoman Cynthia McKinney. We're hearing her side of the story. There are still several unanswered questions. Much more of our interview after this. Stay with us. You're in THE SITUATION ROOM.

(COMMERCIAL BREAK)

BLITZER: Welcome back. We're continuing our conversation with Democratic Congresswoman Cynthia McKinney of Georgia and her two attorneys, James Myart -- he's in Washington, D.C. -- and Mike Raffauf. He's in Orlando.

Congresswoman McKinney did you strike one of those Capitol police officers during this incident on Capitol Hill?

MCKINNEY: Wolf, before you bring on my two attorneys, let me just say for the record -- and this is something that you might want to do a little further investigation on. But I'm sure that if you would look, you would find that even inside the Capitol Hill Police Department, there are problems inside with the treatment of -- or the respect for diversity, let me say.

BLITZER: Because you know there are many black officers on Capitol Hill, Congresswoman?

MCKINNEY: I think you should look at some of the proceedings that are going on right now with black officers and white officers inside Capitol Hill Police Department. And you might reach a different conclusion.

BLITZER: We got a statement from Lou Cannon, the president of the D.C. Chapter of the Fraternal Order of Police. It was in "The Atlanta Journal Constitution." He says, "There was no excessive force here. If she's trying to turn this into a racial issue, people should ask, "Why is she doing this?" This is an insult to all police officers."

This is an extremely serious charge you're making, Congresswoman.

JAMES MYART, MCKINNEY'S ATTORNEY: Wolf, may I address that?

BLITZER: Well, let's let the Congresswoman respond. And then I'll bring you in James.

MYART: OK.

MCKINNEY: Well, I haven't made a charge. I just asked you to do a little bit of research.

BLITZER: No, no, no. But you are talking earlier about racial profiling and that there was racism involved.

MCKINNEY: Now, Wolf, you know I didn't say that, so don't twist my words.

BLITZER: Well tell us what you said.

MCKINNEY: Don't even begin to twist my words. And whatever it is that I said is already is on the tape. So you can replay the tape. Now, I think it is probably a good time for you to bring in my attorneys. You have had the opportunity to speak with Mr. Myart, but you haven't yet spoken with Mike Raffauf.

BLITZER: I want to speak to both of them. And let me ask Mr. Myart, James, to respond because I know you are anxious to weigh into this suggestion there were other police officers there who were watching all of this. There may have been video, surveillance video, as far as we know as well. Although we haven't seen it. Was there actual physical altercation between the congresswoman and the police officer who asked her to stop?

MYART: Well, let me say this, my conversation with the Capitol Hill police individual at the top I understand it there may very well be a video. I have not seen it and probably won't see it unless there is an actual prosecution of this matter.

But, Wolf, I think it is important for you to understand that this issue is really one that is more national, and that is how black individuals are treated throughout this country by law enforcement officials.

In addition to that, you should know that over 259 black police officers of the Capitol Police Force have in fact filed a discrimination lawsuit against the Capitol Police Board. There is division in the ranks over there. These are very serious issues that need to be dealt with.

And Congresswoman McKinney is only one person who has been treated like this when thousands of people, literally hundreds of thousands of black people across this country and other people, are racially profiled. If that police officer had known his job, this incident would not even be discussed right now.

There are only 14 black female members of Congress, 42 black members of Congress total. It is just incredible that anyone would believe that they cannot even recognize the people that they are charged with the responsibility of protecting.

BLITZER: But, as an officer of the court, James, if a police officer asked you to stop, don't you stop and respond and answer questions, as opposed to getting -- to reacting allegedly the way the Congresswoman did?

MYART: Well, let me put it this way, the Congresswoman acted and reacted, as far as I am concerned, appropriately.

BLITZER: Did she hit the police officer? Did she hit the police officer?

MYART: You don't touch an individual. The facts are going to be what the facts are. The fact of matter, also, is in our jurisprudence there's such a thing as self-defense. I'm not denying nor I am affirming that happened. The tape will show what the tape shows.

The point is, however, this incident would not happen, if law enforcement officials didn't have the predisposition that black people should be held to heightened sense of suspicion.

BLITZER: Let me let the other attorney Mike...

MYART: And that is what happened in this particular case.

BLITZER: Let me let the other attorney Mike Raffauf-- he's been very patient on the phone. He has been standing by. I know you want to weight in, Mile. And maybe you can answer the question, did she actually hit the police officer who was asking her to stop?

RAFFAUF: Wolf, let me say that first of all, sex, race and politics are probably involved in this. They are involved in most things out of Washington, D.C. But basically what you have here is an ineffectual policy being implemented by an ill-trained officer. You can't let people pass a check point based on an ID badge. You should pass them because you know them. He didn't know the Congresswoman. That is the policy that led to this breakdown. He's apparently -- she walked by just like she always does, just like all congressmen do. This officer didn't recognize her. He chases her down. And he, again, uses inappropriate touching, as has already been said.

BLITZER: When you say inappropriate touching, Mike, what do you mean by that?

RAFFAUF: Well, I think that the evidence is going to show that there was kind of grab by this officer on the Congresswoman.

BLITZER: If the officer didn't know who she was -- and he clearly didn't and it may have been because she changed her hair style or didn't change her hair style. It may have been related to that. But if in fact she wasn't wearing her pin, she had a different appearance, she wasn't listening to him, she was continuing to walk around the metal detector and he was concerned about the security of the Longworth House Office Building. Wouldn't it be appropriate for him to try to stop her?

RAFFAUF: If they were concerned about the security of that building, they wouldn't have the current policy in effect. You shouldn't be able to bypass that just because you are wearing a name badge. Anybody can have a name badge on.

MCKINNEY: It's not even a name badge. That's the issue. I mean, it's not even a name badge, and it doesn't have your photo on it.

BLITZER: Hold on. Mike, hold on. I want Congresswoman McKinney to go ahead and respond.

Go ahead congresswoman.

MCKINNEY: Oh, I'm just saying that it's not name badge, and it doesn't have a photo. It's not an identification at all. It's just a piece of jewelry. It's a pin. And many of the members of Congress don't wear their pins every day. You can look at C-SPAN and see that.

BLITZER: When did you change your hair style?

MCKINNEY: In January of this year. But don't you think it's really frivolous and really -- I can't even describe if the security of the House of Representatives of the United States is based on how members of Congress wear their hair, Wolf, I think this is really ridiculous. And that probably explains this entire situation of how ridiculous it is that we're sitting here now talking about my new hairdo.

And let me just also add, I heard Judge Mablean Ephriam of "Divorce Court" on the Tom Joyner Radio Show this morning. And guess what? Judge Mablean had an issue -- or Fox had an issue with guess what? Judge Mablean's hair. Now, what is this that for a black woman, her hair becomes an issue in the work place?

BLITZER: Only because -- only this Capitol Hill officer and his colleagues apparently are saying they didn't recognize you. You didn't stop. They asked you to stop.

MCKINNEY: My hair isn't an issue. And it shouldn't be an issue. And the policy isn't based on the hair. The policy is based on facial recognition. And my face hasn't change.

BLITZER: Your face is the same. But the hairdo is different.

MCKINNEY: Thank you, Wolf, for saying that my face is the same.

BLITZER: Yes, well, let me also remind you, Congresswoman, this isn't the first time you have had this problem. And I am sure a lot of African-Americans have had similar problems over the years. But in 1998, you wrote a letter to then President Bill Clinton because of an incident when you were walking into the White House. You probably remember that.

At the time you said, "I am...

MCKINNEY: I was with a 22-year-old white staffer, and the security at the White House assumed that the white staffer, who was 22 years old, was the congresswoman and that I was her help.

BLITZER: This is what you said at the time.

You said: "I am absolutely sick and tired of having to have my appearance at the White House validated by white people. I don't need to be stopped or questioned because I happen to look like hired help."

I remember that incident. I was then CNN's senior White House correspondent, covering President Clinton.

So, there -- there is a history. Were you thinking of that incident and other incidents when this most recent incident last week occurred?

MCKINNEY: Wolf, of course. I have been in Congress for 11 years.

And, quite frankly, you know, I can go into many airports, not just in America, but around the world, and people don't have a problem recognizing me. It's only with certain police officers on Capitol Hill.

BLITZER: We, unfortunately, have to leave it there. Congresswoman Cynthia McKinney, thanks for joining us. Want to thank your attorneys, James Myart, Mike Raffauf, for joining us as well. And we will see what happens on this story. Appreciate it very much.

MCKINNEY: Thank you, Wolf.

(END VIDEOTAPE) BLITZER: And we invited a spokesman from the Capitol Hill Police to join us. At this point, they have declined. We invite them to come on THE SITUATION ROOM anytime and we'll get their side of the story.

And we're also going to play for you, when we come back, what the congresswoman said about racial profiling. She later in the interview denied that she raised the issue of racial profiling. We'll play that clip for you as well as she suggested that we do.

Do you agree that President Bush will be judged on the outcome of the Iraq war? That's our question this hour. Jack Cafferty is going through your e-mail. Stay with us.

(COMMERCIAL BREAK)

BLITZER: The bottom line, a mixed day on Wall Street. The Dow and S&P closed higher, the Nasdaq was slightly down.

In the interview I had with Congresswoman Cynthia McKinney, she denied that she spoke about race as an issue or racial profiling. She say we play the tape to show what she did say, so let's do exactly what the congresswoman recommended. Listen to this.

(BEGIN VIDEO CLIP)

MCKINNEY: The bottom line on this is that it doesn't matter if you're in the United States Capitol or the Georgia Capitol, the issue is racial profiling.

BLITZER: All right. I want to pick up...

MCKINNEY: And that's something that we're going to have to deal with.

(END VIDEO CLIP)

BLITZER: Congresswoman Cynthia McKinney might be charged by Capitol Hill Police. We're watching this story. Jack Cafferty's standing by in New York with "The Cafferty File." Jack?

CAFFERTY: Long-term conservative William Buckley says President Bush will be judged on the outcome of the war in Iraq. And he calls that war a failure.

The question this hour is, do you agree with what Buckley said?

Jerry in Silver City, New Mexico: Buckley couldn't be more right. No other president, to my knowledge, has extended his precious capital as this man on a war. It was an unnecessary war and anyone who unleashes that on history deserves everything he gets. I hope he gets it all, he's got it coming.

Fred writes: Yes, Bush will be judged on Iraq. It's a pity though, it's not likely to come in a court of law.

Jim writes: No, the outcome and fallout of the inevitable war with Iran will have more of an impact on his legacy.

Lukas writes: To say that the world will judge George W. on the outcome of the Iraq war is a very accurate observation. However, the footprint that this president will leave behind will be something from the Jurassic period.

Ray writes: Other events can overshadow the Iraq war. Nixon was judged more on Watergate than on Vietnam.

And David in Indiana writes: Jack, absolutely. And the results will be devastating to him and his administration. He will go down in history as the worst president. Now give me my T-shirt because I can't do crossword puzzles.

BLITZER: Thank you very much for that, Jack. See you tomorrow. Still ahead, George Clooney taking his revenge on celebrity stalkers. We'll tell you what's going on.

(COMMERCIAL BREAK)

BLITZER: Actor George Clooney isn't very happy about the latest on celebrity sightings.

Our Internet reporter Jacki Schechner standing by to tell us what's going on. Jacki?

JACKI SCHECHNER, CNN INTERNET REPORTER: Wolf, the site is called gawkerstalker.com. People who see celebrities in New York send in their tip, and they end up plotted on a map of Manhattan.

Well George Clooney and his publicist think this is dangerous. And via his publicist, Clooney sent an e-mail to other publicists saying, "Here's how we render the site useless. We flood it with fake sightings."

Well Page Six got a hold of that e-mail, so did Gawker. It encouraged its readers to go out and get sightings of George Clooney. They did one better, they flooded the site with fake sightings like Clooney wanted. They were all of George Clooney. "Hey, I saw George Clooney on the moon. I just saw George Clooney on a repeat of 'ER'. I saw him in Istanbul, Turkey," for example.

Now I spoke to Clooney's spokesperson today and he says that their plan has worked, that there are now fake sightings on this site, and Gawker doesn't even know it. We reached out to Gawker today a couple of times. They refused to comment besides what's on their site. Wolf?

BLITZER: Thanks Jacki, see you in THE SITUATION ROOM tomorrow. And remember, we're tracking all sorts of stories in THE SITUATION ROOM, including the Iraqi insurgency. Much more on that coming up tomorrow. Until then, thanks very much for joining us. I'm Wolf Blitzer. "PAULA ZAHN NOW" starts right now, Paula?

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