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CNN SATURDAY MORNING NEWS

Thousands Dead in Jakarta Earthquake; Bush to Speak at West Point Commencement; Legal Briefs: Furor on Capitol Hill Over Jefferson Search, Enron Guilty Verdict

Aired May 27, 2006 - 07:59   ET

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


TONY HARRIS, CNN ANCHOR: Thousands of people in Indonesia were killed today by a large earthquake on the island of Java. It measured 6.2 and was centered near the erupting volcano Mount Merapi. As of right now, government officials put the death toll at close to 2,300. A live report from the scene is straight ahead.
In Afghanistan, the U.S. military reports a combat mission last night in the southern province of Helmand succeeded in killing five suspected militants, including key senior Taliban leaders. A coalition spokesman says the strike was based on solid, technical intelligence. The military says there were no civilian casualties in the operation.

At West Point, commencement begins in one hour for the 2006 graduating class of Army cadets. President Bush will give the address. It's the first class to enter the Academy after 9/11. We'll you there live when it begins.

MELISSA LONG, CNN ANCHOR: On Capitol Hill, reports of gunfire that locked down congressional buildings for several hours Friday turned out to be a false alarm. Authorities now believe the sound was caused by a workman with a power tool in the Rayburn Office Building garage. The all-clear was sounded after a room by room search of the Rayburn Building failed to turn up anything out of the ordinary.

In Myanmar, pro-democracy activists and Nobel laureate Aung San Suu Kyi will remain under house arrest. Hopes had been raised in recent days that her long detention would be lifted today. The U.S. regards Myanmar's military government as one of the most misguided in Southeast Asia and the source of many problems in the region.

And in health news this morning, four more cases of bird flu among humans have been confirmed in Indonesia. Reports say two of those people have died, including a 10-year-old girl. To date, the H5N1 strain has caused 35 deaths in Indonesia, 126 worldwide.

Stay with CNN, the most trusted name in news.

The death toll is rising by the hour. Hospitals struggle to accommodate thousands after a strong earthquake rocks the Indonesian city of Jakarta.

From the CNN Center, this is CNN SATURDAY MORNING. It is May 27, 8 a.m. here in the Atlanta headquarters of CNN and 7 p.m. in Indonesia. Good morning. I'm Melissa Long, in this weekend for Betty Nguyen.

HARRIS: And I'm Tony Harris. Thank you for being with us.

You're waking this morning to news of a massive and deadly earthquake in Indonesia. Thousands are dead and injured, buildings flattened, roads and bridges destroyed. Healthcare workers are overwhelmed and begging for help. The quake also triggered smoke and ash plume eruptions from the region's active volcano, Mount Merapi.

We have an eyewitness to the crisis. Malcolm Johnstone joins us on the phone from Indonesia.

And Malcolm, good morning to you. Set the scene for us where you are.

MALCOLM JOHNSTONE, EYEWITNESS: OK. I'm in the district of (INAUDIBLE) in the hospital with nine (INAUDIBLE) casualties near (INAUDIBLE).

HARRIS: Boy, I can barely make that out. Let me have you -- if you would, can you repeat that for us again? Where exactly are you? And can you give us a sense of the scene around you?

JOHNSTONE: I am south of Jakarta in the (INAUDIBLE) center of the earthquake. I'm standing in a field hospital on a football field. Nine full tents of casualties. They were erected this afternoon. And kept on filling up.

HARRIS: How many casualties are on the ground at your location right now? We are getting word of a death toll of at least 2,200 at this point. And give me a sense of the kind of injuries you're seeing.

JOHNSTONE: The field hospital where I am, there are 1,500 people being cared for by the Indonesia Red Cross and other organizations. The injuries are fracture, people needing stitches, seeing a lot of head injuries. Many, many injured. Many elderly and children affected, too.

HARRIS: And Malcolm, are people -- what kinds of stories are people telling you? Did they have any kind of notice at all that this was happening? My understanding is that many were awakened from their steep.

JOHNSTONE: Well, it was in the morning -- early in the morning in Indonesia. A lot of people were already awake. That is a bit fortunate, because it was a very strong quake. A lot of (INAUDIBLE).

HARRIS: How great is the concern over aftershocks at this point? Will you in a relatively flat and safe area?

JOHNSTONE: There have been (INAUDIBLE). Each time one happens, the panic sweeps through the tent. A lot of strong shocks. And I think we should expect to have some more aftershocks over the next few days. HARRIS: Malcolm Johnstone is in Indonesia, and he is part of the team that is treating so many of the people who have been devastated by this quake and are injured right now. Malcolm, we appreciate your time. Thank you.

LONG: Several U.S. Marines may soon face court-martials. Charges could include murder in the deaths of up to 24 Iraqi civilians in Haditha last November. A young girl tipped off an Iraqi human rights group to the attack. Pentagon sources say the evidence is very incriminating. Of the Marine Corps, Michael Hagee is in Haditha, stressing reinforcing the Corps' standards of behavior in combat.

In about an hour from now, President Bush will pay tribute to active and veteran soldiers in a speech to the graduating class at West Point. In the meantime, he may face some tough questions about the Haditha investigation, which could spark more political fallout over U.S. troops in Iraq.

Kathleen Koch joins us now live from outside the White House.

Good morning, Kathleen.

KATHLEEN KOCH, CNN CORRESPONDENT: Good morning.

Obviously, these developments in the Haditha case are very troubling for this administration. It was just Thursday night in a joint press conference with British Prime Minister Tony Blair that President Bush pointed out that, in his opinion, the biggest mistake that the United States has made in the war in Iraq was the abuse of prisoners at Abu Ghraib prison, Mr. Bush saying that the U.S. has been paying for that some time when it comes to damage to the U.S. reputation and credibility on the world stage.

So obviously, now the possibility that U.S. Marines may have been involved in the unprovoked murder of some 24 Iraqi civilians is certainly the last thing that this administration needs or wants to see when it's trying to win this battle against terror, win the hearts and minds of those in the Muslim world.

Back to you.

LONG: Kathleen, again, the president will be speaking before the graduates coming up this morning. We're expecting to carry it live 9 a.m. Any protesters expected, as well, considering all the events going on in Haditha?

KOCH: Don't know right now whether any protesters have appeared on scene. We have a little problem with the press plane that normally follows the president that we would get word from on protesters. Apparently some bad weather there. So we aren't sure about that.

But there are some interesting things about this class. Certainly, this is the first class that has enrolled at West Point, spent all of its time training there since 9/11. Spent all of its time training. It will be the first class, really, since the Vietnam War that spent all of its time training during wartime. White House press secretary Tony Snow yesterday said that President Bush will thank the 861 cadets for stepping forward at a time of war, and he'll talk about how much of their military service will likely be focused on winning the war on terror.

Snow says that the president will draw parallels between the war on terror and the threats and challenges posed by communism after the end of World War II. Mr. Bush will talk about how President Harry Truman confronted those challenges. Snow says he'll tell the cadets, quote, "At the start of a new century, we are engaged -- again engaged in a war unlike any our nation has fought before, and like Americans in Truman's day, we are laying the foundations for victory."

And after that, President Bush will head to Camp David for the weekend.

Back to you.

LONG: Kathleen, thank you so much.

And again, coming up at 9 a.m. today, we will take you to that graduation ceremony for the class of 2006 at West Point. For complete coverage of breaking news and today's top stories, do stay with CNN, the most trusted name in news.

HARRIS: You know, often what you see us do as journalists is the result of careful research. We verify the facts, hit the streets to get to the bottom of things, all for you. Well, sometimes things can get a little out of control. Take a look at what I'm talking about here.

This reporter in Louisville was on the air live at the scene of an earlier accident when...

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Guys, so you can see this is the type of thing...

(END VIDEO CLIP)

HARRIS: Watch the guy come out of the one truck. He's had it. Wobbly. Oh, man.

Well, no one appears to have been seriously injured in that accident. But this reporter couldn't have made his point any clearer about this particular intersection, even if he had paid professional drivers. Man.

LONG: A few eyebrow-raising stories making news across America. We want to share them with you now.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: At night when the grandmother of -- the guardian had gone to work, she was locking him in a dog kennel. And then would let him out when she got home from work.

(END VIDEO CLIP)

LONG: But it wasn't a dog in Colorado. A detention counselor is in jail, accused of locking her grandson in a 4-by-3-foot kennel while she went to work four nights a week. This allegedly went on for three years. The woman is suspended from her job while police are busy investigating.

It was instant karma for a would-be thief in Dallas. Instead of running off with the store's cash, a quick thinking clerk realized the gun he was waking around was fake, and out came the Louisville Slugger. And as you can see, the guy behind the counter carried his own brand of justice. Did you happen to see that? Let's check it out again.

HARRIS: Take that with you, huh? Take that with you. How about that? You want a bag of chips with that?

LONG: Don't mess with that clerk.

Also, we take you to Dallas now. Police cracking down on a video store selling bootleg DVDs of "The Da Vinci Code". It turns out that is a felony. Officers confiscated $25,000 worth of pirated copies. The woman selling the videos hauled off in handcuffs.

A suspected white supremacist in Fresno, California, hauled away in handcuffs, as well. Police arrested Bobby Hubbard for probation violation but instead, rather, inside his home, police found a Klan robe, Nazi symbols and plans for a big weekend rally.

HARRIS: Melissa, where is the justice in Nebraska? A man found is guilty of molesting a 12-year-old girl. He could have gotten the maximum sentence, 10 years in prison, but the judge gave the guy 10 years probation. He's saying the defendant's 5'1" height makes him too short to survive in prison.

The state plans to appeal, of course. The victim and her family outraged. People hearing about it outraged. We want to know what you think. Should a defendant's size be a factor in criminal sentences? E-mail us your thoughts, Weekends@CNN.com. We will read some of your responses throughout the morning.

LONG: A lot coming up for you in your legal segment. We have documents sealed by order of the president. Of course, Ken Lay and Jeffrey Skilling, shock, awe.

HARRIS: Yes, sounds like we've got plenty to talk about with our legal ladies. Is Congressman Jefferson off the hook? I don't think so. The speaker of the House angry and the FBI frustrated.

The former Enron big-wigs Ken Lay and Jeffrey Skilling, the smartest guys in the room, now face a lot of prison time. Our legal brief straight ahead on CNN SATURDAY MORNING.

(COMMERCIAL BREAK) UNIDENTIFIED MALE: Lunch is ready!

HOLLY FIRFER, CNN CORRESPONDENT: Hot dogs, hamburgers, steaks on the grill, all the usual summertime barbecue favorites, but overfilling your plate here could mean extra pounds when the dog days of summer are long gone.

Consider the high calorie content of some of your grilled favorites. A regular hot dog with ketchup equals 310 calories and 13 grams of fat. The classic backyard burger is 470 calories with 29 grams of fat. Add cheese, and add 50 calories and 10 more grams of fat.

Now, this doesn't mean you can't still enjoy summertime cookouts. Instead of an all-you-can-eat fest, experts recommend watching portion sizes, so say no to seconds. And opt for low fat sides and condiments. And remember fresh summer fruit makes a light and healthy dessert.

Holly Firfer, CNN.

(END VIDEOTAPE)

LONG: Support for Duke University's men's lacrosse team coming from the players on the school's women's team. In the NCAA semifinals, the Duke women sported white leg bands and written on them, the uniform numbers of the three men's players charged with raping a woman hired to strip at a team party.

(BEGIN VIDEO CLIP)

KENNETH LAY, ENRON FOUNDER: Certainly, we're surprised. I think probably more appropriately to say we're shocked. Certainly, this was not the outcome we expected.

REP. NANCY PELOSI (D-CA), MINORITY LEADER: Mr. Jefferson's service in Congress is a matter between him and his constituents. Of -- every member of Congress, no one is appointed here. Everyone is elected by their constituents, and it's between him and his constituents.

(END VIDEO CLIP)

HARRIS: Give it back! A show of bipartisan solidarity from House Speaker Dennis Hastert and Minority Leader Nancy Pelosi. They're demanding that the Justice Department return items taken from Representative William Jefferson's office.

Now get this, from a "New York Times" report this morning, Attorney General Alberto Gonzales and FBI director Robert Mueller both threatening to quit if the White House orders them to give in.

Guilty as charged. Former Enron chief executive Jeffrey Skilling and founder Kenneth Lay found guilty of conspiracy and fraud.

And in come our legal ladies. In Washington, former federal prosecutor Pamela Bethel.

Pamela, good morning.

PAMELA BETHEL, FORMER FEDERAL PROSECUTOR: Good morning, Tony.

HARRIS: And live from Miami, civil rights attorney Lida Rodriguez-Taseff.

Good morning, Lida.

LIDA RODRIGUEZ-TASEFF, CIVIL RIGHTS ATTORNEY: Good morning, Tony.

HARRIS: All right. Let's start with Washington. Former Speaker Gingrich calls this search of Jefferson's Capitol Hill office "the most blatant violation of constitutional separation of powers in my lifetime." Pamela, is he right about that?

BETHEL: Absolutely wrong.

HARRIS: What?

BETHEL: Wrong.

HARRIS: Why?

BETHEL: Look, the Fourth Amendment, which governs searches and seizures, has two requirements: one, that the search be reasonable; and secondly, that there be probable cause.

The chief judge of the U.S. district court here in Washington signed off on that search warrant, establishing probable cause and establishing the fact that what the government sought to get out of those offices was reasonable in the context of the investigation. It is not a constitutional violation in my opinion.

HARRIS: All right. So, Lida, Pamela went to the Constitution. Isn't there an Article 1 Section 6 of the Constitution we need to bring up here?

RODRIGUEZ-TASEFF: Indeed, there is. Actually, this is the separation of the speech and debate clause of the Constitution, which talks about the fact that members of Congress are protected, are immune with regard to the communications and the work that they do in connection with creating, drafting and researching legislation.

And what we have here, I've got to disagree with Pamela. Because No. 1, assuming for a second that this warrant was valid, there's a reason why, in over 200 years this has never occurred, and the reason is simple. How could you guard against going into a congressman's office and making sure that you don't take anything that is a no-no, that is protected, that is off limits under the speech and debate clause?

And that's what possibly happened here. They took his commuter, the entire computer. Pamela, you mean to tell me that everything in that computer related to bribery allegations?

BETHEL: Well, first of all, Lida, there was a very, I think, well-thought out plan for dealing with the issue of the speech and debate clause. The persons conducting the search, first of all, were carefully coached as to what they were looking for and what they could take.

The documents were then turned over to a group of prosecutors and agents who had nothing to do with the case, who were to make a review before the material went to those working on the case.

So the things about which you're concerned and the things about which the House leadership are concerned, I think, is just -- I don't think that they applying here. Perhaps in some future case that might happen but not here.

HARRIS: Lida -- Lida, wouldn't the FBI have been derelict in its duty if it had not searched Jefferson's office? According to the affidavit, they found cold cash, wrapped up in foil in the man's refrigerator freezer at his home. Wouldn't the FBI have -- wouldn't we be complaining about the FBI not doing its job if it hadn't searched?

RODRIGUEZ-TASEFF: Well, that's not the issue, Tony.

HARRIS: OK.

RODRIGUEZ-TASEFF: The issue is not whether they can search. Clearly, they can. And part of the problem here is that Congress, when they were first objecting to this, completely botched the explanation of what the problem was.

BETHEL: Absolutely.

RODRIGUEZ-TASEFF: The issue was, the issue is when they search, what can they take? And, they absolutely barred the lawyers, they barred Congress' general counsel and the sergeant-at-arms from being present to ensure that nothing that is protected by the speech and debate clause was taken.

But you don't know as we sit here today, other than what these FBI agents are going to say and what the U.S. attorney's office is going to say and the Department of Justice. You don't know whether or not they took stuff they shouldn't have taken. And I'm telling you, in two boxes there's got to be something in there. Two boxes in an entire...

BETHEL: No. How can you say that? You don't even know what they were looking for. You don't know what the documents are. So how can you say, unequivocally, that they took stuff they didn't need to take? And you don't have a party when you...

RODRIGUEZ-TASEFF: Because they took the guy's entire computer hard drive.

BETHEL: We don't know what... RODRIGUEZ-TASEFF: They did. They've copied it. They've admitted to it.

BETHEL: No. We don't know what they contend. As I said, the prosecutors working on the case are not going to get access to that -- to whatever information...

HARRIS: Pamela? Pamela? Pamela?

BETHEL: Yes?

HARRIS: The sergeant of arms could have handled this.

BETHEL: No.

HARRIS: This could have been handled...

BETHEL: Absolutely not.

RODRIGUEZ-TASEFF: Heck yes!

BETHEL: Absolutely not. This is a criminal -- federal criminal investigation. Whether or not the Justice Department chose to notify those persons, that's one thing. But those searches have got to be carefully conducted. And the legislative branch cannot be charged with conducting an investigation of itself. That's absolutely not acceptable.

RODRIGUEZ-TASEFF: Nobody's saying that. Nobody's saying that. Why were they just completely barred from the room? Why were they not there as filters to determine...

BETHEL: It's not a party when you're conducting a search.

RODRIGUEZ-TASEFF: Come on, Pamela.

HARRIS: Let me get -- let me get -- let me get to Ken Lay and Jeffrey Skilling here, the Enron trial. The jury comes back, six days of deliberation. And a whole slew of guilty decisions on this.

Were you surprised, Lida, by the fact that the jury came back in six days? This was a 16-week trial, mountains of evidence and, yet, six days, we've got a decision.

RODRIGUEZ-TASEFF: No. Absolutely not surprised at all. In fact, I called this.

HARRIS: You did?

RODRIGUEZ-TASEFF: Yes, I did. And the reason I called this is because the prosecution did something very smart. They didn't turn this into a trial of whether or not those ins and outs of those accounting practices were legal or illegal. They turned this into a case about whether or not Skilling and Lay lied to investors, employees and the general public. And that's what was tried here. And as a result they made the case incredibly easy for the jury to address.

And the jury, you could tell from how cohesive they were and the fact that they all chose to speak after, which was unprecedented.

HARRIS: Yes.

RODRIGUEZ-TASEFF: You could tell that they systematically went down the list of charges and addressed them one by one, using the evidence they were given. They took 27 boxes of evidence into the jury room as they analyzed.

HARRIS: OK. Well -- and Pamela, you're going to agree that the prosecution did a great bang-up job on this, right?

BETHEL: Absolutely. And Lida, I mean, we all called that one.

HARRIS: All right. Well then -- you know what? I hate when they agree. I just -- all right. Well, we'll leave it there. We'll get back next week and we'll do it, and we'll stir the pot a little bit more.

Pamela, good to see you.

Lida, always good to see you. Have a great Memorial Day weekend.

BETHEL: Same to you, Tony.

RODRIGUEZ-TASEFF: Thank you, Tony.

LONG: Not enough argument for you?

HARRIS: No.

LONG: All right. All right.

Well, still to come this morning on CNN SATURDAY MORNING, we're going to show you some pictures, the latest that have reached us from Indonesia. Thousands are feared dead, even more injured. CNN SATURDAY MORNING at 9 a.m. Eastern, live with the latest situation in the earthquake zone. And for complete coverage of the quake in Indonesia, stay with CNN, the most trusted name in news.

(COMMERCIAL BREAK)

HARRIS: And our e-mail question of the day, Melissa.

LONG: We have received quite a few responses.

HARRIS: Oh, man.

LONG: Very opinionated viewers this morning.

HARRIS: Yes, yes. Should size be a factor in criminal sentences? You know, this Thompson guy was found guilty of being a sexual predator, you know, molesting a 12-year-old.

LONG: You have to look at the chart behind him to understand the crux of the story.

HARRIS: Yes.

LONG: He stands 5'1".

HARRIS: That's it. So we're just asking you, what do you think about this judge's decision here? Instead of 10 years of prison, what, 10 years of probation?

LONG: Yes.

HARRIS: A writer who decided not to identify him or herself says, "You're looking at the problem upside-down. The real question is, 'Should ANY sex offender, regardless of size, go to prison for 10 years for rape? The answer is NO (in the absence of violence or use of a weapon)."

How did that get through? OK.

LONG: This comment now. Love our tween viewership in the morning. Savannah Young weighing in, very opinionated young gal. She writes, "I'm only 12 years old, but that 'too short to go to jail' thing is BULL!" Savannah says, "What kind of an idiot is that judge?"

Savannah, I love outspoken young ladies.

HARRIS: Got this from Nora from Arizona, who writes, "I think it would save the system so much money in the long run if they would give stricter in home sentences followed by probation. I know my ideas are not popular, but I think restitution rather than institution is the answer to many crimes."

Thank you all for your e-mail responses this morning to our question. Still time to weigh in. Should size be a factor in criminal sentences? There's the address: Weekends@CNN.com.

LONG: And do continue to send in your responses. We're interested in hearing from you.

Afghanistan has been called a forgotten war, but maybe not anymore.

HARRIS: Another U.S. Strike on an insurgent training facility last night puts the war on terror in Afghanistan back in the headlines. A live report coming up, 9 a.m. Eastern on CNN SATURDAY MORNING.

First, forget the water. Could the sand between your toes make you sick? Your "HOUSE CALL WITH DR. SANJAY GUPTA" is next. The topic today, summer safety.

(COMMERCIAL BREAK)

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