McKinney is distraction, say the Dems

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 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.

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

REP. CYNTHIA MCKINNEY (D), GEORGIA: Wolf, you know that's a legal issue and I can't respond to that. But what I can say is, first of all, I want to commend you for the balanced way in which you've covered this story. From what I have seen and from what -- the stories that I have heard from those who have watched you, you have been balanced, and I appreciate that.

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

BLITZER: All right. I want to get to that story and I want to get to hear your side of what happened, but let me let your attorney, James Myart, respond specifically to this suggestion, this report that we're getting that 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: Well, let me just simply respond by saying that is simply not true. I have been in contact with the Capitol Hill police, and I have also had an opportunity to review just exactly what it is they're attempting to do.

They're doing no more than any of the law enforcement agency does. And that is simply to file with the prosecutors the necessary paperwork for them to further investigate the case. And that's all it is. With regard to the issuance 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. But what you're saying, James, is that you don't have a -- you're hearing that Capitol Police have not made a recommendation, is that what you're saying?

MYART: What I'm saying is, is that the Capitol Police have actually sworn out the affidavit and submitted it to the prosecutors. And that's basically it.

I have been in contact with them on a daily basis. In fact, even in person. And this is not what they have done. They have done what every law enforcement agency does, and that is to issue their -- their recommendations, or at least their report to the prosecuting attorneys, and that's it.

BLITZER: All right. Let's leave that for a moment.

Congresswoman, I want to bring -- bring you back into this conversation. Tell our viewers what happened last week.

You were walking into -- 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?

MYART: Well, I'm going to have to respond -- I'm going to have to respond to that.

BLITZER: Hold on -- hold on one second, James. 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's certain questions that I can't ask, and they're better responded to by the attorneys. But 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 is -- I just 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, then 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 where a little lapel pin to identify them as members of Congress; thereby, they can avoid going through the metal detectors and they just go around them, as you well know.

On that day, you weren't wearing your lapel pin, is that right?

MCKINNEY: You know, if you look at C-SPAN and the speeches from the floor of the House on any given day, you will see that 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. But let me just say that 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. So I don't understand what it is about my face that certain members of the Capitol Hill Police Department can't remember.

BLITZER: Well, here is what some of your critics are saying, and I know you know this. And we'll put a picture up, a recent photo that is in the Capitol Hill book.

This was a picture of you now. This is what you look like now. Obviously, you have a new hairstyle, as opposed to your old hairstyle. And what they're saying is, when you changed your hairstyle, they didn't recognize you, they politely asked you to stop and you resisted several attempts by one of the Capitol Hill Police officers to stop and to identify yourself. And 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. But the bottom line is that my face hasn't changed, and I haven't changed.

I've looked like this for the entire 11 years that I have been in Congress. And so, I don't understand exactly why it is that certain police officers have a problem remembering my face.

BLITZER: Well, I guess the basic question, Congresswoman, is, if they asked you to stop and identify yourself and go through the metal detector, what was the big deal? Why not do that?

MCKINNEY: Well, you know, that goes to the heart of the press conference that we had today. And 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 when 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 perform a part of the procession. Why? They can't even answer the question except that the security at the Georgia Capitol did not recognize them as dually- elected members able to carry out the mandate of the people who sent them to the legislature.

And as a result of police action that was -- we can't even understand why the members of the Georgia Legislative Black Caucus were disrespected -- that's what they said today -- and forced to look at the body of Coretta Scott King from the third floor of the state Capitol.

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 as a country.

BLITZER: Congresswoman, 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 attorneys are going to stay with us, as well.

Much more with Congresswoman Cynthia McKinney. We're hearing her side of the story, but there are still several unanswered questions. Much more of our interview right 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 -- 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 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: Well, I think you should look at some of the proceedings that are going on right now with black officers and white officers inside the 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, ATTORNEY FOR CONGRESSWOMAN CYNTHIA MCKINNEY: Wolf -- Wolf, may I address that?

BLITZER: Well, let -- let's let the congresswoman respond. And then I will let 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...

MCKINNEY: And...

BLITZER: ... you were talking earlier about racial profiling, and that there was racism involved in stopping you for questioning because you weren't wearing your congressional pin.

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.

BLITZER: Tell us what you said.

MCKINNEY: And whatever it is that I said is already on the tape. So, you can replay the tape.

Now, I think it's probably a good time now 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 -- I want to speak to both of them.

And -- and let me ask Mr. Myart, James, to respond, because I know you're anxious to weigh in, to this suggestion. There were other police officers there who were watching all of this. There may have been video, as far -- surveillance video, as far as we know as well, although we haven't seen it.

Was there a -- was there actual physical -- a physical altercation between the congresswoman and the police officer who asked her to stop?

MYART: Well, let me say this.

In my conversation with the Capitol Hill Police individual at the top, I understand that there may very well be a video. I have not seen it, and probably won't see it, unless there's an actual prosecution of this particular matter.

But, Wolf, I -- I think it's 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's 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, he -- 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 -- but, as an officer of the court, James, if a police officer asks you to stop, don't you stop, and respond, and answer questions, and -- as opposed to -- to getting -- to -- to reacting, allegedly, the way the congresswoman did?

MYART: Well, let me put it to you this way.

The congresswoman acted and reacted, as far as I'm concerned, appropriately.

BLITZER: Did she hit the...

MYART: You do not...

BLITZER: ... police officer?

MYART: You do not...

BLITZER: Did she hit the police officer?

MYART: You do not touch an individual.

The facts are going to be what the facts are. The fact of the matter also is, in our jurisprudence, there is such a thing as self- defense. I am not denying, nor am I affirming that that happened. The tape will show what the tape shows. The point is, however, this incident would not happen if law enforcement officials did not have the predisposition that black people should be held to a 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 has been very patient on the phone.

MYART: Yes.

BLITZER: He has been standing by.

I know you want to weigh in, Mike. And maybe you can answer the question. Did she actually hit the police officer who was asking her to stop?

MIKE RAFFAUF, ATTORNEY FOR CONGRESSWOMAN CYNTHIA MCKINNEY: Wolf, let me say that, first of all, sex, race and politics are probably involved in this. They're 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 cannot let people pass a checkpoint based on an I.D. badge. You -- you should pass them because you know them. He did not know the congresswoman. That's the policy that led to this breakdown.

He -- apparently, she walked by, just like she always does, just like all congressmen do. This officer did not 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 there was some kind of grab by this officer on the congresswoman.

BLITZER: If -- if the officer didn't know show she was -- and he clearly didn't -- and it may have been because she changed her hairstyle or didn't change her hairstyle. It may have been related to that.

But, 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 her -- for him to try to stop her?

RAFFAUF: If -- 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're wearing a name badge. Anybody can have a name badge on.

MCKINNEY: It's not even a name badge.

RAFFAUF: You...

MCKINNEY: That's the issue. I mean, it's not even a name badge.

(CROSSTALK)

BLITZER: All right. Hold on. Hold on.

MCKINNEY: And it doesn't have your photo on it.

(CROSSTALK)

BLITZER: Mike hold on.

I -- I want Congresswoman McKinney to go ahead and respond.

Go ahead, Congresswoman.

MCKINNEY: Oh, I'm just saying that it's not a 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 -- 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 -- when did you change your hairstyle?

MCKINNEY: In January of this year. But don't you think it's really frivolous? And, really, I -- 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 is -- 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 News -- 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 workplace?

BLITZER: Only because -- only because 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 is not an issue. And it shouldn't be an issue.

And the policy is not based on the hair. The policy is based on facial recognition. And my face hasn't changed.

BLITZER: Your face is the same, but the hairdo is different.

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

(LAUGHTER)

BLITZER: Yes.

Well, let me -- let me also remind you, Congresswoman, this isn't the first time you have had this problem. And I'm 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 in to 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.

BLITZER: We invited a spokesman from Capitol Hill Police to join us. At this point, they declined. But, of course, we welcome them to come into THE SITUATION ROOM at any time. And we will continue to cover this story for you, our viewers.

Coming up, the Senate embroiled in hot debate over immigration reform right now. We are going to talk about the border battle with our own CNN contributor, Bill Bennett. Is the Republican Party in trouble? I am going to ask him.

Plus, the president plays ball, throwing out the first pitch of the season. How did he do?

You're in THE SITUATION ROOM

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