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The Situation Room

Riot in Kabul; CBS Crew, U.S. Soldier Killed in Iraq Blast; Senate Set to Probe Haditha Massacre

Aired May 29, 2006 - 19:00   ET

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


JOHN KING, CNN ANCHOR: To our viewers, you are 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: U.S. troops at war on two fronts, a Memorial Day marked by new bloodshed. It's early Tuesday in Afghanistan and Iraq where Americans are targets of rioting and insurgent attacks. And CBS News journalists are caught in the crossfire.

Also this hour, burying war dead and crossing a line. It's 7 p.m. here in Washington, where President Bush took direct action against a group that has been protesting at the funerals off fallen troops.

And Senator John McCain on war and remembrance. The former POW joins us this Memorial Day to talk about Iraq and other political battlegrounds in Washington. Wolf Blitzer is off tonight, I'm John King. You're in THE SITUATION ROOM.

As the nation pays tribute to fallen troops this Memorial Day, with presidential ceremonies honoring the war dead, we're watching two wars flare up tonight. The Afghan capital of Kabul is under curfew, some angry Afghans promise to kill Americans after a day of intense rioting.

In Iraq, dozens are dead, including a U.S. soldier and two CBS News journalists. Our coverage tonight begins in Afghanistan with CNN Pentagon correspondent Barbara Starr.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: John, Afghan President Hamid Karzai says today's violence in Kabul was the work of agitators.

(BEGIN VIDEOTAPE)

STARR (voice-over): In Kabul, a traffic accident turned into a day of rioting across Afghanistan's capital city. It began when hundreds of Afghans stoned a U.S. military convoy after an Army truck crashed into a dozen civilian vehicles. One Afghan died and several were injured.

After offering medical aid, the convoy tried to leave the area, but matters took an even deadlier turn. The video from the scene shows at least one U.S. soldier manning a 50-caliber machine gun on top of a military vehicle, firing his weapon in the direction of civilians on a hillside.

All of this setting off a day of totally unexpected rioting and gunfire across the city. At Camp Eggers, the military headquarters, troops had paused on Memorial Day to remember their fallen comrades. Within minutes, they took up defensive firing positions as gunfire was heard and protesters marched through the city.

(on camera): We have just heard from our rooftop position here about two to three minutes of gunfire across the city. We believe it was AK-47 gun fire we were hearing. It lasted for some time. You may be able to see, there is smoke now rising from some location out in the city that we do not know what that location is. The camp here is in lockdown.

(voice-over): Even as the gunfire continued to ring out, the coalition spokesman promised the U.S. military would investigate the incident.

COL. THOMAS COLLINS, COALITION SPOKESMAN: We will determine the facts regarding the incident and cooperate fully with Afghan authorities. In accordance with appropriate policies, compensation will be paid to those that are entitled.

STARR: Protesters and police continued to clash across Kabul throughout the day. The Afghan health ministry says it is the worst violence in Kabul since the day the Taliban fled. At least eight civilians were killed, and more than 100 injured. Several compounds were attacked.

Afghans on the street expressed their fury. This man saying, the American soldiers killed many civilians.

(END VIDEOTAPE)

STARR: President Karzai has appealed for calm, but there have been several military operations in this country where Afghan civilians inadvertently have been killed, and many people are clearly upset -- John.

KING: Barbara Starr in Kabul, thank you, Barbara. And today's incident in Kabul has some asking, is Afghanistan moving forward or sliding back? Our Brian Todd is here with more -- Brian.

BRIAN TODD, CNN CORRESPONDENT: John, with the Taliban gaining new strength in the south, drug traffickers gaining strength everywhere, and lingering doubts about the Afghan government's ability to deal with all of it, you have got some very serious questions about stability being raised in Afghanistan.

(BEGIN VIDEOTAPE)

TODD (voice-over): If a traffic accident can spark a deadly riot in Kabul, if the Taliban can come back with a vengeance, and if the drug trade is still flourishing, then, is the post-9/11 Western model for Afghanistan crumbling? It depends on who you ask.

This protester in Kabul has one answer.

UNIDENTIFIED MALE: And they are rioting on the roads, killing innocent people! We want America out of this country sooner or later! We hate America!

TODD: And one Western journalist in Afghanistan describes the situation, as, quote, "quite bleak." The perceived inability of the central government to extend its control over the country, he says, is a huge factor.

Analysts believe that has led to the Taliban's deadly resurgence in the south. As U.S. troops scale back and NATO forces move in there, Taliban militia are taking advantage of the porous border with Pakistan to launch offensives. Drug traffickers, they say, are also filling the void, allying with the Taliban and infiltrating the Afghan government.

But despite its problems, Afghanistan has made important strides.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The terror camps have been shut down. Women are working. Boys and girls are going to school. And Afghans have chosen a president and a new parliament in free elections.

TODD: Other signs of progress, analysts say, don't get much visibility.

BRIG. GEN. JAMES MARKS (RET.), CNN MILITARY ANALYST: The economy has improved by about 80 percent over the course of the last four years. Infrastructure is being built, those are the schools, and the hospitals and the road network. The training of the Afghanistan military and security forces is increasing. And there is an increased presence of Afghanistan command and control over the security that takes place within the country.

(END VIDEOTAPE)

TODD: Those Afghan security forces, analysts believe, are key to the very delicate balance here. Their ability to win the trust of local villagers and warlords in the coming months and years, they say, will mean the difference between stability in some parts of Afghanistan and chaos in other areas -- John.

KING: Brian Todd here in Washington, thank you, Brian.

And this note on U.S. troop fatalities in Afghanistan. Since October 2001, 292 American troops have died in hostile and non-hostile incidents there.

Meanwhile, in the other war, another U.S. soldier is dead after a very bloody day in Iraq. Today's violence also hurt and killed some members of a CBS News crew. Our Ryan Chilcote has details from Baghdad.

RYAN CHILCOTE, CNN CORRESPONDENT: John, it has been an exceptionally violent day in Iraq. At least 50 people have been killed, more than 80 wounded in attacks around the country. And here in Baghdad, there have been at least seven bombings. One of them targeting a U.S. military patrol.

(BEGIN VIDEOTAPE)

CHILCOTE (voice-over): If you look closely at the 4th Infantry Division's Humvee that was the target of the attack, you can get a sense of the power of the blast. As far as we know, they never saw their attackers. That's the way it usually is for U.S. forces in Iraq, and the journalists who cover this war.

CBS News reporter Kimberly Dozier, cameraman Paul Douglas, and soundman James Brolan had just gotten out of their armored vehicle when a nearby car packed with explosives detonated. Dozier was seriously wounded, cameraman Douglas and Soundman Brolan were killed, so was an American soldier, so was an Iraqi contractor who was helping the U.S. military.

Correspondent Dozier is an experienced hand in Iraq. A year-and- a-half ago, she appeared on CNN's "RELIABLE SOURCES" describing how dangerous it was to go out, and in her words, "hunt a story," forced to rely on others to gather the news.

KIMBERLY DOZIER, CBS NEWS CORRESPONDENT: Well, I feel like I'm doing everything by remote, whereas, when I first got here, say, a year ago, I could drive into the streets, go into a neighborhood, talk to Iraqis, ask what they thought about something.

CHILCOTE: At least six other bombs went off in the Iraqi capital Monday. Most of the victims, Iraqi civilians. These people were killed by a bomb that went off near their bus in one of Baghdad's Shiite neighborhoods. According to the Committee to Project Journalists, CBS cameraman Douglas and soundman Brolan became the 70th and 71st journalists killed by hostile action since the war began.

(END VIDEOTAPE)

CHILCOTE: Six U.S. soldiers wounded in that same attack are still recovering in combat hospitals in Iraq. CBS correspondent Kimberly Dozier has been in and out of surgery. Doctors are cautiously optimistic about her recovery -- John.

KING: Ryan Chilcote for us in Baghdad. And tonight, CBS News reports that Dozier will be airlifted to Germany as soon as it is safe to do so.

Meanwhile, today's death of an American soldier in Iraq increases the number of U.S. fatalities there to 2,466 since the war began.

Our Jack Cafferty joins us now from New York -- Jack.

JACK CAFFERTY, CNN ANCHOR: During his commencement speech at the U.S. Military Academy at West Point over the weekend, President Bush told the cadets that the global war on terror is helping to spread freedom in the Middle East. But Republican Senator Chuck Hagel has a slightly different view. In a TV interview, Hagel posed the question: "Are things getting better in the Middle East? I think you could make a pretty strong case that things are worse in the Middle East today than they were three years ago by measurement of Iraq, Iran, the Palestinian-Israeli issue and what is going on in Egypt.

Here's the question: Is the situation in Middle East better or worse than it was three years ago? E-mail your thoughts to caffertyfile@cnn.com or go to cnn.com/caffertyfile -- John.

KING: Look forward to the answers. See you in a little bit Jack, thank you.

And coming up, protesters at military funerals. President Bush signs a law to restrict them. But will it hold up in court? A look at the outrage and the legality.

Plus, John McCain in THE SITUATION ROOM. He sounds off on Iraq, immigration, and the upcoming November elections.

Also, New York Mayor Michael Bloomberg on legalizing same-sex marriage. Find out why he plans to take action if the courts do not. Stay right there. You're in THE SITUATION ROOM.

(COMMERCIAL BREAK)

KING: There are new developments over the controversy of protests at the funerals of servicemen and women killed in Iraq. President Bush has signed a bill making such protests illegal. That may not be the end of the story. Once again, CNN's Brian Todd -- Brian.

TODD: John, the new law covers any protesters at military funerals but it was brought about because of the actions of one group who made themselves visible to the president today just after he signed the bill.

(BEGIN VIDEOTAPE)

TODD (voice-over): On a sun-drenched Memorial Day morning, the president's motorcade wheels its way toward Arlington National Cemetery. Just outside the entrance, to the left, protesters with signs reading, "thank God for dead soldiers and thank God for IEDs."

Just before getting in his car, President Bush signed a bill banning protesters like this from national cemeteries and other venues before, during, and just after military funerals. The Respect for America's Fallen Heroes Act is a direct response to these protesters at Arlington, and these picketers at the recent funeral of a soldier in Minnesota.

UNIDENTIFIED MALE: You are hell bound minister of Satan.

TODD: All of them from the same group, the Kansas-based Westboro Baptist Church. Its followers believe the killing of U.S. troops is God's way of punishing America for tolerating homosexuality.

Among friends and relatives off fallen soldiers, a consistent reaction.

LISA MURPHY, FRIEND OF FALLEN SOLDIER: She is grieving over her loss of her child, their only son. You know, they should not have to deal with crazy people like this. It's beyond reason. I can't even think of words to describe what -- if it was my child -- I would go nuts. I would probably attack this person.

TODD: But the Westboro Baptist Church has acquired a powerful ally, the American Civil Liberties Union has argued in court against the new laws restricting them.

LILI LUTGENS, ACLU: What is important here is that the First Amendment protects the free speech rights of everyone, and that includes those whose message we dislike, that we find offensive.

(END VIDEOTAPE)

TODD: Still, at least 15 states have now passed their own laws restricting the movement of protesters at military funerals. Contacted by CNN, a leader of the Westboro Baptist Church calls these laws unconstitutional. She says the group will continue to protest at funerals but will not break the law -- John.

KING: And, Brian, any sense how quickly the ACLU or somebody else will end up in court challenging this one on First Amendment grounds?

TODD: Well, it's interesting, the ACLU has already been in court in Kentucky and a couple of other states, challenging the constitutionality of those states' laws there, and the whole First Amendment issue. The law and these legal amendments to restrict the movements of these protesters has not made its way yet to the Supreme Court. Some speculation that it might in the coming months and years.

KING: Federal law will only probably speed that up. Brian Todd for us tonight in Washington, Brian, thank you very much.

There are also new developments tonight in the probe of an alleged massacre of Iraqi civilians by U.S. Marines. The Senate Armed Services Committee chairman now says his panel will hold hearings on the incident in the town of Haditha. Our senior Pentagon correspondent Jamie McIntyre is here with details -- Jamie.

JAMIE MCINTYRE, CNN SENIOR PENTAGON CORRESPONDENT: Well, John, sources tell CNN that the investigation into what happened in Haditha is essentially complete, and that charges, including possibly murder charges, will be filed sometime in June.

(BEGIN VIDEOTAPE)

MCINTYRE (voice-over): Sources say U.S. military investigators now strongly suspect that what happened in Haditha last November was the result of a rampage by a small number of Marines who snapped after one of their own was killed by a roadside bomb.

GEN. PETER PACE, CHAIRMAN, JOINT CHIEFS OF STAFF: There are two ongoing investigations, one investigation has to do with what happened, the other investigation goes to why didn't we know about it sooner than we knew about it?

MCINTYRE: Sources say between four and eight Marines from Kilo Company were directly involved. But some Marines from other units knew what happened, because they helped document the aftermath.

Lance Corporal Ryan Briones told The Los Angeles Times he took pictures of at least 15 bodies, and is still haunted by the memory of picking up a young girl who was shot in the head.

"'I held her out like this,' he said, demonstrating with his arms extended, 'but her head was bobbing up and down and the insides fell on my legs.'"

A timeline put together by TIME magazine and confirmed for CNN by Pentagon sources shows the sequence of events in Haditha on November 19th. After a roadside bomb killed 20-year-old Lance Corporal Miguel Terrazas at 7:15 in the morning, the Marines immediately suspected four Iraqi teenagers in a taxi and shot them, along with the driver, when the Marines say they failed to lie on the ground as ordered.

The hunt for bombers moved to a nearby house, where seven people, including two women and one child were killed. Then, eight people, including six women were shot next door, while a group of women in a third house were not harmed. But in a fourth house, four men were killed.

(END VIDEOTAPE)

MCINTYRE: And sources say, investigators have determined there was a cover-up, but won't -- those sources won't say if it goes beyond the Marines, who were immediately involved in the incident -- John.

KING: And, Jamie, two investigations, as General Pace noted and you noted, one into the incident, one into the allegations of a cover- up, are they both on the same timetable to be resolved?

MCINTYRE: One could happen before the other. The criminal charges may take a little bit longer to formalize. The other one is more of an administrative review. And that one could come out sooner.

KING: Jamie McIntyre for us tonight at the Pentagon, Jamie, thank you very much.

And still to come tonight on THE SITUATION ROOM, Senator John McCain on Iraq as an election year weapon. Will the war be to blame if Republicans lose control of Congress?

Plus, a new snapshot of McCain's presidential prospects against Hillary Clinton.

And later, an about-face on the raid on Congress. The Senate majority leader changes his tune. Is a constitutional showdown on or not? You're in THE SITUATION ROOM.

(COMMERCIAL BREAK)

KING: Welcome back to THE SITUATION ROOM, Zain Verjee joins us from Atlanta now with the news making headlines right now.

Hi, Zain.

ZAIN VERJEE, CNN CORRESPONDENT: Hi, John. Aid to Indonesia has begun to trickle in from around the world. But many survivors say it's arriving too slowly. Tens of thousands are homeless and many have been left in heavy rains just to fend on their own for food and shelter. More than 5,000 people were killed in the magnitude 6.3 quake. Thousands more are hurt. The United Nations is appealing for tents, medical supplies, and generators.

There's a mass hunger strike in Guantanamo Bay. A military spokesman at the Naval base in Cuba says 75 detainees there have joined three long-time hunger strikers. He says, they believe the strike could be a way to get attention and sympathy before a war crimes hearing that begins next month. He says it's not a new tactic and expects it, though, to be short.

Frightened residents of East Timor are fleeing the fledgling nation where unrest has been raging since March. International peacekeepers matched street violence with a show of force today, handcuffing young demonstrators that were armed with machetes. Leaders of East Timor, which declared its independence from Indonesia back in 1999, have held a string of meetings to seek out ways of ending the crisis.

Coastal warnings have been lifted today now that the first tropical storm of the Eastern Pacific season has moved further out to sea. Tropical Storm Aletta prompted storm warnings along Mexico's coast, but later drifted out to sea with its 40 mile per hour winds. The National Hurricane Center in Miami says Aletta could strengthen again in the coming days. The Atlantic hurricane season begins on Thursday.

And researchers have found another reason for global warming to get under your skin. Carbon dioxide is a so-called greenhouse gas. Duke University scientists say higher CO2 levels in the atmosphere produce bigger, faster-growing poison ivy plants. The gases also produce more of that chemical that creates the rash that makes you itch.

And something is itching my throat, John. I don't know, I think it's all the sugar and the Laffy Taffys I've been eating over here.

KING: You were here just Friday. You were obviously itching to get back to Atlanta pretty quickly.

VERJEE: No, John. I love being in D.C. with you and the rest of the crew.

KING: Uh-huh. Well, thank you, Zain. We will see you a little later. Just ahead, John McCain versus Hillary Rodham Clinton, there's a new poll showing who voters are more likely to support in a presidential bid.

Also I'll talk with Senator McCain about Iraq, immigration, and other hot button issues this election year.

KING: And from one Republican to another, what would happen if New York Mayor Michael Bloomberg decided to run for president? We'll tell you why some are pondering just that possibility.

(COMMERCIAL BREAK)

KING: Welcome back to THE SITUATION ROOM. I'm John King in Washington. Tonight, Memorial Day and election year politics. Republican Senator John McCain is a key player on military matters and other hot issues here in Washington. And of course, the former prisoner of war in Vietnam is a leading prospect in the 2008 presidential race.

(BEGIN VIDEOTAPE)

KING: Senator John McCain, thank you very much for joining us today. Let me just start with this very basic question. What does Memorial Day mean to Senator John McCain?

SEN. JOHN MCCAIN (R), ARIZONA: What it does to most Americans, that we remember those who have served and sacrificed and those who have made us a nation we are, and the ability to live in the freest and most noble nation on Earth.

And, in my personal case, obviously, it makes me -- reminds me of some of my dear friends and -- who I love so much, who made that sacrifice. And, you know, it's -- it makes me very sad sometimes, but it also makes me very proud at the same time.

KING: Other young Americans are serving in Iraq and Afghanistan right now. And they are paying the ultimate sacrifice. And it, of course, is the subject of the political debate here in the United States, why we went to war, whether it has been a worthy war.

I want to read you something that the defense secretary, Donald Rumsfeld, told our Larry King the other night. And I want your reaction on it.

Secretary Rumsfeld said: "People run around saying, well, you sent less troops than the generals wanted. That's just utter nonsense. It's not true."

You, sir, Senator McCain, have said they sent too few troops. How would you answer that?

MCCAIN: Well, there's -- many books have been written. Many respected individuals who were part of that operation have testified.

There's no doubt that there was too few troops there. And it was a classic and fundamental error that we paid very heavily for. So, I mean, there's just no doubt about it. And it's unfortunate. Mistakes are made in wars. And this was a big mistake. And I hope that we can go ahead and press on and prevail anyway, because we can't afford to lose. And I do think some of the things we've been doing recently have been successful.

KING: As you know, there's a very troubling investigation going on into possible horrible conduct by some Marines in the Iraqi town of Haditha. There's preliminary findings of a massacre of some civilians.

I'm wondering what you know, sir, about that investigation and -- and just what goes through your mind when you hear things like that?

MCCAIN: All I know for now is what I have read in the media. There's going to be more information forthcoming soon. And I'm sure that we will have a hearing in the Armed Services Committee on it.

Apparently, it's true. We don't know the details. It -- it saddens you enormously. It reemphasizes the absolute requirement for discipline in the military. The first emotion one has when you see a comrade die is to seek revenge. That's a natural human instinct. But we have to have the discipline in our military to -- not to -- and the leadership -- not to do that.

I'm glad General Hagee, the commandant of the Marine Corps, went over to Iraq to talk to his Marines. I hope that, if this is indeed the case, which, apparently, it is, that -- that we will be able to move on, recognizing that this will have some harmful repercussions in the world of public opinion.

KING: Senator, if the Republicans lose control of either the House or Senate, or both, this November, do you believe the reason will be the unpopularity of the Iraq war?

MCCAIN: I think that would be one of the reasons.

I think the -- our failure to get spending under control, which has alienated one of our strong Republican pillars, I think this -- these indictments that are happening, I think that our failure to address some of the problems that affect the American people, at least in their view, has led to their low opinion of us.

But I want to emphasize, John, six months is a long time. There's a lot of good things we can do, pass an immigration bill, have the president veto this -- these spending -- big spending pork-barrel projects, and get on a credible energy policy. There's a lot of things we can do to turn things around between now and November.

KING: Let's talk about that immigration bill. You were a fan, a sponsor, a backer of the Senate bill. It's now making its way to the House for the conference negotiations.

Your colleague, your Republican colleague from Arizona, Senator Jon Kyl, says, "The Senate has approved a bill that is critically flawed and doesn't go far enough to secure our borders." One of the Republican House members from your home state, J.D. Hayworth, is saying: "The American people see through the White House spin. They know amnesty when they see it. The president's plan is amnesty."

Are you going to get a bill this year?

MCCAIN: I believe so.

I believe that the voices of -- of understanding and appreciation, that one thing that those critics that you just quoted agree with me on, and we're all in agreement on, is that the system is broken and must be fixed. And, by the way, we are taking serious steps to beef up the border...

KING: But, Senator...

MCCAIN: ... in every respect.

KING: Senator, excuse me...

MCCAIN: Go ahead.

KING: Excuse me for interrupting, but a majority of the Senate Republicans voted against this plan.

If I'm a House conservative and I do not like this guest-worker program, I believe it is amnesty, what is my incentives to compromise? A majority of the Republicans said no in the Senate. Why should a majority of the Republicans now say yes in the House?

MCCAIN: Well, one reason is, the president of the United States is deeply committed and gave a speech to the nation that was approved by an overwhelming majority of Americans, almost 70 -- between 70 and 75 percent of American people support earned citizenship in poll after poll. We should respond to the American people.

Third of all, we are willing to sit down and seriously negotiate with our House counterparts. And maybe, from a Republican standpoint, us going into the November elections without having an agreement on this issue and passing legislation, could not be helpful.

KING: Would you accept a guest-worker program that allows the workers to stay and have legal status in the United States, but does not give them a path to citizenship; to get citizenship, they would have to leave the country and then get in line?

MCCAIN: I believe that every proposal should be on the table.

There are new ideas coming up all the time within the parameters of the major issues that face us. And I would not reject any proposal out of hand. Do I agree with that proposal right now? Of course not. That's why we passed a different -- a different method.

But I will sit down and talk with anybody. Look, if we -- we should go into these negotiations with respect for one another and with a -- with a goal in mind of fixing a problem we all agree exists, and exists terribly.

KING: You are someone who has at times -- this is my term, not yours, but called your colleagues somewhat spoiled, and that they want the perks of these earmarks to set aside spending and the like.

There's a big debate now about whether it was appropriate for the FBI to search a congressional office. And there's a lot of howling, even from Republican leaders, saying, this violates a constitutional line. It's a separation of powers -- if the FBI can serve a search warrant at my house or your house, why can't it serve a warrant at your office?

MCCAIN: You -- you make a good point, John.

What -- what I think probably would -- should be a reasonable solution to this would be for the FBI to call the majority leader and the speaker -- excuse me -- the speaker and the Democrat leader, and inform them that -- their intentions and why.

I think they could safely do that. And if it happened over here on the Senate side with the majority leader and the Democrat leader, I think maybe we could work out a process where the leadership was notified. But if someone is -- in all due respect, if someone is -- has strong -- there's strong evidence that someone has committed a crime, I don't think you could justify some kind of sanctuary.

KING: If you're the average Joe in, say, Des Moines, Iowa, or Manchester, New Hampshire -- they -- just random cities I picked out of my brain -- and you see...

(LAUGHTER)

KING: ... and you see these members of Congress complaining about this, saying, you can't search my office, what do you think normal people out in the country think when they hear that?

MCCAIN: I don't know, John. I don't -- I don't know what -- I don't know what they think.

But we -- we should have a very simple system, where, if someone is -- in this country, there's no such thing as sanctuary. I do understand a concern that legislators may have about random searches and, you know, overreach by agencies of the executive branch. I think that's a legitimate concern.

KING: Senator John McCain, thank you for joining us in THE SITUATION ROOM.

MCCAIN: Thanks, John.

KING: And a happy Memorial Day to you, sir.

MCCAIN: Thank you. Same to you.

(END VIDEOTAPE) KING: Now, we alluded to Senator McCain's presidential ambitions. But how is he doing at this early stage of the game? A new ABC News poll shows just 9 percent of Americans say they would definitely vote for Senator McCain in 2008. But look at this, a majority, 57 percent, say they might vote for him; 28 percent say there's no way they'd support Senator McCain.

By way of comparison, the poll also took a look at Democrat Hillary Rodham Clinton. She has more solid support; 19 percent of Americans say they would definitely vote for the senator for president; 38 percent say they might support Senator Clinton, yet a hefty 42 percent say there's no way they'd vote for Clinton for president.

An estimated 1.7 million Americans wounded or killed in action have been awarded the Purple Heart since it was reintroduced in 1932. Today in New York, officials are asking the public to help it create the definitive memorial. Internet reporter Jacki Schechner has more -- Jacki.

JACKI SCHECHNER, CNN INTERNET REPORTER: John, this is Specialist Fourth Class Peter Lancelotti (ph), who was injured by a shrapnel wound to the back in Vietnam in 1968. Photographs like this, and this one, Private First Class Lawrence Grady (ph), who was hit by a sniper in the neck and the spine in 1945, went on to live a full life, passed away in '98 at the age of 79, part of a larger exhibit to those who have won the Purple Heart over the years.

It's going to be the National Purple Heart Hall of Honor. It's in a location in New York where George Washington set up camp in 1782 and created the precursor to the Purple Heart, something called the Badge of Military Merit. They went on to create the Purple Heart in 1932.

They are asking for letters, for telegrams, even pieces of shrapnel, anything that will create the list. Nobody's kept good track over the years, and they want to make sure there's a place to honor those who were wounded and killed in service -- John.

KING: Fascinating project. Thank you, Jacki.

And up ahead tonight, what a difference a week makes. Republican Majority Leader Bill Frist recently expressed constitutional concern about that raid on a congressman's office. Now, that's changed.

And he's outspoken, popular, and rich with cash. Sounds like a presidential candidate. But is New York Mayor Michael Bloomberg interested in running for president? Coming up, he'll answer that very question.

(COMMERCIAL BREAK)

KING: On Capitol Hill, a hearing is set for tomorrow on the FBI raid of a congressman's office and whether that search violated the constitutional separation of powers. Our congressional correspondent Dana Bash has the latest from this remarkable showdown pitting Republicans against Republicans.

(BEGIN VIDEOTAPE)

DANA BASH, CNN CONGRESSIONAL CORRESPONDENT: John, the bipartisan demand last week that the Justice Department return all materials they seized from a Democrat's congressional office caused a heated debate inside the administration, an unprecedented schism, that resulted in the attorney general, one of the president's closest confidants, threatening to resign.

Well tempers may have cooled there, but now there's a split within the GOP leadership on Capitol Hill.

(voice-over): The Senate majority leader was the first GOP leader to publicly raise questions about the unprecedented FBI raid on a congressman's office.

SEN. BILL FRIST (R-TN), MAJORITY LEADER: Yes, I'm concerned, because it does involve the Constitution.

BASH: And, as the House speaker led the battle against the Bush Justice Department last week, Senator Frist continued to side with Dennis Hastert.

FRIST: The whole idea of separation of powers does need to be addressed. So, I remain concerned.

BASH: But then a stunning reversal -- Senator Frist now says he's OK with the FBI search.

FRIST: There is no individual in the House or Senate that can be or should stand above the law. It's a matter of how the law enforcement is carried out. And I think it was appropriate, as I see it today.

BASH: Frist says his change of heart came after the attorney general spent an hour in his office Friday, walking him through the facts of the case. But, to his critics, it's the latest example of Frist changing with the political winds. They see a senator more worried about presidential ambition than any constitutional principle.

The majority leader's switch came as more rank-and-file Republicans complained the leadership was sending the wrong message.

SEN. JEFF SESSIONS (R), ALABAMA: I don't believe that any congressman has a -- any special privileges greater than Americans do, American citizens, who can be searched in this same manner.

BASH: Speaker Hastert still maintains, the raid crossed a line. And the internal GOP brawl is seen by many as a major political fumble. This conservative blog, for example, posted and mocked lengthy House GOP talking points, saying they turned what should have been a story about a Democrat allegedly taking bribes into a scandal about GOP leadership in the House trying to put itself above the law.

(on camera): A senior Frist aide insists, his change in position was not meant to advance his own White House ambitions for 2008, but, rather, the GOP Congress' prospects in 2006, realizing, the aide said "Republicans needs to win and the constitutional showdown with the White House was not helping" -- John.

(END VIDEOTAPE)

KING: Dana Bash on that remarkable story. And a reminder again, a House committee -- the judiciary committee will have a hearing on this tomorrow. So, this debate controversy will continue.

New York City Mayor Michael Bloomberg is weighing in on hot- button issues and taking stands not only at odds with many in his own party, but also raising questions about his political future. CNN's Mary Snow is live with us in New York with that story. Hi, Mary.

MARY SNOW, CNN CORRESPONDENT: Hi there, John. Well the city's Republican mayor is weighing in on the showdown over same-sex marriage. He's recently been more outspoken and is fueling speculation about whether he is considering running for president.

(BEGIN VIDEOTAPE)

SNOW (voice-over): The cameras focus on New York City Mayor Mike Bloomberg at a local Memorial Day parade. But the questions focus on national issues, the latest, gay marriage. A case on same-sex marriages goes before an appeals court this week. Bloomberg says, if the court doesn't allow for the nuptials, he will lobby for change.

MICHAEL BLOOMBERG (R), MAYOR OF NEW YORK: If the courts say that the current Constitution does not permit it, and we need new laws, then I will go and express my views that we should have those new laws.

SNOW: That's in contrast to a fellow Republican neighbor, Governor Mitt Romney of Massachusetts.

GOV. MITT ROMNEY (R), MASSACHUSETTS: We do not want Massachusetts to become the Las Vegas of same-sex marriage.

SNOW: The Republican Bloomberg doesn't always toe his party's line. And he's becoming increasingly critical of the way conservatives in Congress are handling illegal immigration. Last week, Bloomberg criticized naysayers of global warming and evolution, telling students at Johns Hopkins that politics is clouding science.

BLOOMBERG: Was there anything more inappropriate than watching political science try to override medical science in the Terri Schiavo case?

SNOW: And there was also the National Gun Summit he held recently to crack down on those selling guns on the black market.

BLOOMBERG: Well, good afternoon.

SNOW: With Bloomberg stepping further into the spotlight, it has raised questions about his political plans for 2008. He told me today:

BLOOMBERG: I'm not running for president. I have the best job in the world.

SNOW: Political observers say Bloomberg is filling a vacuum of silence among politicians in Washington.

MITCHELL MOSS, NEW YORK UNIVERSITY: Mike Bloomberg is always honest, always direct, and always forthright. And Americans would love to have someone with those qualities in the White House.

(END VIDEOTAPE)

SNOW: A political observer we spoke with says even if Bloomberg doesn't run for office, he can effect candidates who do run in 2008, saying he is path breaking by being frank on where he stands. John?

KING: Mary Snow -- he said no, but I don't know if that was a Sherman-esque no. I bet you'll get to ask...

SNOW: Remains to be seen.

KING: ... You'll get to ask that question again, I suspect. And thank you Dana Bash and Mary Snow, part of the best political team on television. CNN, America's campaign headquarters.

Up ahead, a legal system devastated by Katrina. Meet one judge who wants to set some prisoners free before they even go to trial.

And the bottom line on Internet gambling. Find out why people are now placing bets on hurricanes.

(COMMERCIAL BREAK)

KING: Today marks nine months since Hurricane Katrina hit New Orleans. And while some progress has been made in rebuilding the city, its justice system remains in disarray, with some accused criminals set free. CNN Gulf Coast correspondent Susan Roesgen is in New Orleans with that story.

SUSAN ROESGEN, CNN GULF COAST CORRESPONDENT: John, this courthouse has been closed since Katrina. This week it will finally reopen, and thousands of people are waiting for justice.

(BEGIN VIDEOTAPE)

ROESGEN (voice-over): These are the living victims of Hurricane Katrina, some of the thousands of people sitting in jail for months without ever going to court or even seeing a lawyer.

But the inmates have an ally in chief criminal court judge Calvin Johnson. With his courtroom empty since the hurricane, the judge has released hundreds of inmates on bond.

JUDGE CALVIN JOHNSON, NEW ORLEANS CRIMINAL COURT: We have made it painfully clear to everyone and anyone that will listen that if this system does not operate, then, there will be hell to pay, if this system does not operate. We are important to a recovery process, as anything else you can imagine.

ROESGEN: The judge says the inmates he's released are charged with only minor crimes, and he's in favor of releasing more. But the local district attorney says freeing prisoners is not the answer.

EDDIE JORDAN, NEW ORLEANS DISTRICT ATTORNEY: We don't need simplistic, reckless solutions to complicated problems. And that's what I consider this threat to release all poor inmates on the streets of New Orleans.

ROESGEN: District attorney Eddie Jordan agrees the city desperately needs more public defenders. But without them, others argue that New Orleans inmates have lost their right to due process.

LAURIE WHITE, CRIMINAL DEFENSE ATTORNEY: As long as we're all still here in the USA, unless we've been severed and made part of the Caribbean, we still have the Constitution. And they're innocent until proven guilty. And it's his job to prove them guilty.

ROESGEN: The first jury trials since the hurricane are set to begin next week. But there's another problem. Judge Johnson is afraid their simply aren't enough jurors in the city to hear cases.

(END VIDEOTAPE)

ROESGEN: Three thousand notices for jury duty were sent out, but many of those notices went to homes that no longer exist because of Hurricane Katrina. Only a few hundred people have responded and that is not nearly enough for all the jury trials scheduled to start next week. John?

KING: Susan Roesgen in New Orleans. Now hurricane season is just three days away. The National Weather Service is predicting four-to-six major storms. What are the odds they're right? One Web site has decided, you've got it, to take wagers online. Our Internet reporter Abbi Tatton is following that story. Abbi?

ABBI TATTON, CNN INTERNET REPORTER: John, this year's forecast from the National Weather Service being watched very carefully by this online betting site. And there is another one out there doing the same.

This site is offering odds on how many hurricanes will hit the U.S. this season. Three-to-one right now on five hitting the U.S. The National Weather Service prediction was four-to-six major hurricanes this season.

And there are other sites offering odds as well. We spoke to the CEO of this Costa Rice-based site, that's Mickey Richardson. He said that he's taken hundreds of bets totalling thousands of dollars so far. He expects to take more. He says he doesn't want to see anyone get hurt and he's certainly not trying to profit from catastrophe, but he says that hurricanes will happen whether people bet on them or not. We spoke to the National Weather Service, a spokesman there said "it saddens us that anyone would bet on anything where human lives are at stake." John?

KING: Some people will bet on anything. Abbi, thank you very much.

Still ahead, Republican Senator Chuck Hagel says things are worse off in the Middle East than they were three years ago. Do you agree or disagree? Jack Cafferty's taking your e-mail.

(COMMERCIAL BREAK)

KING: Here's a look now at some of the hot shots coming in from "The Associated Press," pictures likely to be in your newspaper tomorrow.

Arlington National Cemetery: Marine General Peter Pace, Defense Secretary Donald Rumsfeld and President Bush stand for the playing of taps.

In Enid, Oklahoma, Earl Hill (ph) runs his finger over the name of his brother who went missing in action 63 years ago during World War II. His remains were found this past spring in New Guinea.

In Atlanta, pitcher Jorge Sosa and his teammates observe a moment of silence in honor of Memorial Day during their game against the Los Angeles Dodgers. The Dodgers beat the Braves 12-5.

And in San Benito, Texas, Brian Sanchez (ph) makes his mark with an American flag. Cute kid. And that's today's hot shots, pictures worth a thousand words.

And now up to New York and Jack Cafferty with "The Cafferty File."

CAFFERTY: That is good, that's a cute picture. John, Republican Senator Chuck Hagel said in a T.V. interview over the weekend, we quote here -- "You could make a pretty strong case that things are worse in the Middle East today than they were three years ago." That's our question. Do you agree with that statement? Got a lot of mail.

Jo in Omaha, Nebraska writes: Much worse. Three years ago we did not have nearly 2,500 dead American service people. Three years ago we did not have 18,000 wounded American service people. Three years ago we did not have untold thousands of Iraqi people dead. Three years ago we didn't have Hamas running the Palestinian government. What we did have then was a slim chance to make it all better. That's gone now.

Austin in Waterville, Maine: In the case of Iraq, I'd define the situation as better. While there may be less order, there is far greater freedom for the Iraqis and much more room for growth in the economy and democracy in the country. While Saddam ruled the nation with an iron fist and left Iraq on the road to nowhere, Iraqis now have the chance to choose their destiny.

Jordan in Elizabethtown, Kentucky: I believe the situation in the Middle East is pretty much the same. The only difference is who's getting rich and who's getting dead. The Middle East has been in a constant state of conflict since the beginning of history. To think it will change now or anytime soon is foolish.

Joe in Colorado Springs: I'd compare the Middle East to a beehive within the siding of your house. Everything seems relatively calm until it's time to rip away the siding and remove the bees. It's not fun, it's not pretty. Nevertheless, it has to be done.

And finally, Hugh writes: All of President Bush's amateur foreign policy initiatives have failed, except Libya (and that one fell into his lap). But has anyone noticed? Too many of us are worried about whether or not Britney properly buckled up her infant in the car seat.

I guess -- I suppose there's a point there. I'm not sure what it is.

KING: I'm not sure either Jack, but it sounds like they're divided pretty much as they would be if you ask them a question about the war.

CAFFERTY: Perhaps, although of the 200 or 300 letters I looked at, I would guess there are more people who are pessimistic about the situation over there than optimistic.

KING: Jack Cafferty, thank you very much. We'll see you soon.

And thank you for joining us. I'm John King in Washington. Wolf will be back right here in THE SITUATION ROOM tomorrow. Up next, "PAULA ZAHN NOW." Have a great night.

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