>> larry: tonight, rudy giuliani. he saw new york for a terror attack that brought america's biggest city to its knees. how does he think president obama is handling the crisis that confronts the america today. and then, the roaman polanski rape case before a judge today. the victim wants the charges gonzales him dismissed. we have the latest next on "larry king live."

we begin with the former mayor of new york, rudy giuliani. lots to talk about. what about, you are not going to run for governor. you are going to run for senate? what is next for you. >> what is next for me is continuing to build my two businesses, giuliani partners and a security kean. we are going security in various parts of the world. i'm very busy and not the time. >> larry: be you consider it down the road? >> yeah, sure. life changes and politics changes. who knows what is going on happen? i are involved in so many thing. we are doing security for the olympics and the world cup in brazil. i'm involved with my firm in a

lot of cases mooism active and enjoying myself which is the most important thing in life. >> larry: no kidding. the things current. the detroit suspect indicted today. some saying he should be classifieds a a military combatant. what do you think of trying him in the criminal courts? >> it's not so much trying him. it's the opportunity that was lost. the president a mistake not making him an enemy combatant. the minl you make him that, you cut off the ability to question him. i don't know the inside story. he went talking until he went out and got him a lawyer. you want to talk to this guy for a month. you want to keep him for a month or two get to get you a the intelligence he is going give you. because that could be about other possible attacks on the

united states. and i really believe the president and the attorney general should rethink the commitment to the justice system. we came from outside the country. what he was planning was an attack on america. this is a war-like attack. he should not be treated like a domestic criminal. >> larry: can you later try him criminally? >> you can do what you want. the reality was, she should have been treated as an enemy combat ton. they have authorize the military tribunals. if you are going to have somebody in a military try bulal. somebody that comes to the united states with a bomb to blow up an airplane in one of our cities, should be treated like a wartime criminal.

that may be an academic dispute for people. if you treat him as a criminal justice defendant, you cannot question him. and he sounds like someone you can crack easily. it soundsed like he wanted to talk and we cut it off. >> larry: what do you think of the president's strong statement yesterday of security measures and tightening them up? >> the president needs to make a major correction in the wait he is dealing with terrorism. he is mishandling the situation. first of all this is ten days too late. this something you react to immediately. not after your vacation. the president of the united states, wr when there is a potential massive attack on the country, should have been on top of it immediately. we should have had a response

ready. we are in the age of terrorism. we don't need ten days to respond. all that does, i believe, is convince our enemies we are not ready. that we are pondering too much and thinking too much. so, you know, there is -- you want to take some time. this has been a long time given the magnitude of this kind of attack. >> larry: president bush took six days once in a similar incident. >> six days is less than ten. and the reality is that president bush was criticized for taking -- what was it? 20 or 30 minutes in delaying his response to september 11th. and that six days was before the september 11th attack. one of the things i admire of the administration -- i believe it's time to change. president kennedy famously by

his own admission mishandle the bay of pigs early and learned from it. the hope the president has whatever leadership quality or whatever to learn from the mistakes he made and the way he handled it. he we laid too long in responding to it. the response is too tentative. the reality is the first descriptions by the administration was inaccurate, including the suggestion that everything worked. which doesn't give people a lot of confidence. maybe from now on there will be a quicker response and a more accurate one. >> larry: bush waited six days on the shoe bomber. >> that's correct. >> larry: do you think heads should roll? >> that is up for the president to decide. i don't know enough of the internal situation here to tell thaw people deliberately missed

things. think the president has to take responsibility for his own response, which has been delayed and extremely tentative. there is enough time for anybody in yemen who might think we are going to respond to it to go somewhere else by now. it's been a long time to deal with it. >> larry: since 9/11, we have been talking about boets administrations about connecting the dots. we haven't put it together, have we? >> we haven't. it's clear from the ft. hood attack and this attack, there is something wrong here. and here, this is not a criticism of this administration. this is a come plegs thing to do. and we haven't gotten it right yet. we haven't given it enough priority to the correct situation. now, it may seem easier to

retrospect to pick it out. it's easier to figure it out. but when you see what was available on both team, the guy in ft. hood clearly should have been thrown out of the army before he has access to the base and this guy shouldn't have been allowed on the airplane. and you won't whear is going on that we can't spot these things. >> larry: rudy giuliani, we will talk about sarah palin and more ahead.

. this was not a hoax. we had searched the house high and low. and -- >> we did this for the show. >> larry: none of that was staged. want to remind you that rishd heene, the father that willed the country to believe his son was trapped in a balloon, will be her friday night. ll ll. the guest is mayor rudy giuliani. a study from duke university says that the threat posed by radicalized muslims have been exaggerated. do you favor profiling?

>> well, you know, it depends on how to define it. you profile when you make a logical deduction about who the suspect is. if someone tells me that the guy is a 6'2" blond guy and you look for 6'2" blond guys. and if you get reports like that, those are who you look for. if you have to profile because you have to have cry tier yar ya for what you look for. if in fact the major threat that is occurring comes from misguided, perverted muslims, meaning people ho are perverting the religion, there is nothing wrong. other wise, you weas a lot of resources or time. it's based on unfair prejudice. >> larry: could that be a dell kate line though?

>> it is a dell kate line. but if you take away the ability to use rational analysis, you are putting yourself in great danger. i mean, the reality is, if in fact the threat is 90% coming from one area, and roughly 90% of your attention should be in that area, that isn't prejudice. that is rational sensible reaction to a set of facts and leads new that direction. you couldn't solve crimingess es you did that. >> larry: they dd dded to try chal lead sheikh mumd in mork. >> i'm absolutely convinced that khalil sheikh muhammad will be

subject to the demands of juice tis. the american people insist on it. and the administration insists on it. >> larry: you have tried people in new york. >> i think this is one of the worst mistakes any president has made. >> larry: why? >> he has military tribunals for other terrorists. if you have military tribunals thatry obviously provide justice. >> larry: if the crime was committed there, wouldn't you feel all the people who lost relatives want it tried -- >> most of those people would rather see him tried in a military court. the president didn't take their wishes in consideration. there is no question it adds a level of threat to new york, a burden. the mayor is asking for a significant amount of money to

deal with this. it cost me a similar amoment of time adds mayor and it takes attention. and you can cutting yourself off from getting intelligence like he has done with the situation in detroit. i think is one of the big mistakes he has made. and the reality is, he and the attorney general have announced he is guilt and one said he is going to get executed. i don't know what they are taking about in terms of a fair trial. and i don't know what happens if he gets acquitted. if we are going it for public relations and creating burdens on ourselves, i don't see my we want to do. that in it was an attack very much like paroearl harbor.

and nobody would have thought of trying them in a civil court. president roosevelt didn't do that, president bush didn't do that. i don't know why president obama wants to do. >> larry: back with rudy giuliani in 60 seconds. all-day-guaranteed. ve you o, woah. it's not too far... (announcer) are you gellin'? dr. scholl's.

>> larry: back with rudy giuliani. the president is fighting two wars, trying to keep the country safe at home. what kind of message does it second with the former vice president openingly says that he is not seriously fighting the war. do you think it's a good idea what dick cheney did? >> nobody was concerned about that when everybody criticized president bush day in and day out including testimonies calling him names when he was trying to prosecute the car in iraq. and vice president cheney is entitled to his view. i share some of them, not all of

them. my hope is -- and i mean this. i hope that this administration does a mid course correction much like president clinton did. which i thought showed president clinton's practicality to terms of being fair. he has gone too far to the left, president obama. and much like president clinton and he then accomplished a wealth of things. i hope president obama is in a learning process and we soo a change for the good of the country. forget partisan politics. i would like to see him reverse his decision on the trial in new york. and i would like to them treat them like enemy combatants. if he made corrections like that that would show great leadership. >> larry: you are in the security business. what do you think of the newark airport. the breach last sunday.

we learned cameras were running and not recording. how do they let that happen? >> these things happen and they shouldn't happen and we need more kons administration on it. and i think maybe one of the good things that can come out of the situation that just happened in detroit, which thank god didn't involve the loss of life, it can be a wake-up call for us. the threat to this country is just as great now it is then. september 11th is not part of history yet. it's part of present. the same ideologicals things are present now and then. and we have got make ourselves the secure. i think maybe we have become a

lick too lackadaisical for the mistakes that occurring. >> larry: when we come back and ask rudy giuliani about politics. don't be shocked. [ crowd gasps ] [ announcer ] if you think about it, this is a lot like most job search sites. - they let everyone in, - [ crowd groans ] so the best people can't stand out. join theladders.com.

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>> larry: getting into politics with rudy giuliani. the former mayor of new york. what do you make of chris dodd bowing out today? >> it sound to me he is doing that for the good of the party, since they feel they have a stronger candidate. i hope it gives usa opportunity, the republicans, to pick all seat in connecticut. i think the opportunity is out there for republicans in this election year, pretty good. you see all the democrats

resigning, opening up seats. on open seat is always easier to take than an incumbent seat. who know what is it's going to be like in november. as a republican, i'm feeling good. >> larry: and byron dorgan. >> i think that an example of the president having pushed the agenda a little too far to the left. we have to see if the president makes a correction or not. he is putting a lot of sites, it seems to me n jeopardy. particularly in the house where you have a lot of democrats sitting in districts that were republican districts. >> larry: now your own party. is sarah palin viable in the fats of your party now? >> sure. who knows three years before the presidential election who the face of the party is. sarah palin is extremely

popular, articulate. ran for vice president and has a right to make a case. she generates an enormous amounts of enthusiasm. i took her a baseball game last year, judith and i at yankee stadium in the bronx. democratic territory. and he had a great response. everybody wanted to take a -- even the democrats wanted to take pictures with her. >> larry: it's a good sign. there is a "new york times" report today that hard ford was moved to new york. maybe will run the pry nair against the senator that replaced hillary clinton. we know you can come in new york and won, hillary clinton, robert kennedy and others. can harold ford be a vilible candidate? >> i know harold. new york is a place where we

have a history like that. if we were talking about some other state, i would say that is a tough thing to do. it's a tough thing to come in and at least immediately run for the senate. you can't run for governor. but you can run for the senate. gosh, in new york, anything is possible. >> larry: why didn't you run for governor? >> i didn't want to leave my business and law firm now. i took aloft time off to run for president. a lot of things got disorganized. i put them together. we are in the middle of and on the verge of doing a lot of exciting thing. the thing in brazil. i started the new york office of giuliani, and it's gone from three lawyers to 70. we are continuing to groi. it was not the right time to do

it. and that does not mean i'm not tremendously interested, i'm not going to help the republicans and i'm not going to be involved in the issues. because they are part of me. >> larry: republicans are constantly accused of being negative. tell me what you like about the president. >> i like the fact that he dealt with afghanistan in the right way. i think he had a tough choice to make. i think he took a little too long in make it. but that may be his decision style. i support his realization and acting on the company promise and acting on making afghanistan and priority. i respect him as a leader. i think he has enormous abilities to communicate. i wish he would use it for purposes i agree with me. i don't know barack obama fersally. i don't know the blas of

ideology and practicality. i worked if rornd reagan. one of the most practical people i ever met and had an understanding if you can get half a loaf, it's better than getting nothing. if you can get 60% or 70%, you probably won. you rarely get 100%. hope barack obama has that same cap passcy. to readjust himself and having gone what i regard too far to the left. >> larry: how do you regard senator clintons a secretary of state? >> i admire the job he is doing. it's a hard job, particularly for someone who has run for president, against barack obama. i think she is doing -- from what i can tell, i think he is doing a good job.

i disagreed with health care often but i have tremendous respect for her. >> larry: always good to see you. rudy giuliani. ♪ well, look who's here. it's ellen. hey, mayor white. how you doing? great. come on in. would you like to see our new police department? yeah, all right. this way. and here it is. completely networked. so, anything happening, suz? she's all good.

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roman is already an established film director. everybody knew him. >> he was the roman polanski. >> the future was hit. he thought. and then everything just collapsed. >> he didn't perceive having

intercourse with a 13-year-old girl as against the law. >> what happened to the system of justice? >> larry: that was a clip from the hbo documentary "roman polanski, wanted and desired" still a wanted man. he pled guilty of august of 1967 to having sex with a 13-year-old girl. he was 43 at the time. prosecutors dropped charges in exchange of a guilty plea. he fled the united states and is now under house arrest. his victim was on the show in 2003 and here is what she had to say about polanski and his possible jail time. would you have been upset at the plea bargain to time serve?

>> we were -- everybody was comfortable. >> larry: your father. >> i never asked him to be put in jail. >> larry: your father -- >> i don't know about that. >> larry: you don't think he deserved more time in jail. >> no, and the publicity was so traumatic and horrible. his punishment was secondary to getting to whole thing to stop. >> larry: ores will join us later. we begin with the attorney for polanski's rape victim. they want the case dismissed. what happened in court today? >> what happened today was that polanski asked that the court of appeal jug sess in the december decision that he be sentenced and that will allow a hearing on the allegations pretty well established by the documentary,

that there was judicious and prosecutal pro piety. >> larry: they want to sentence him when he is not there. >> to sen tis him abten shall. >> larry: what did the rule order today? >> he set a hearing iffen jan 22nd. >> larry: what does your client want? >> he wants the case over. he has been enduring 32 years of relatively intense press coverage. and interference with an effort to put this behind her and get it behind her. she is entitled to that. >> larry: since she is the victim, why isn't she -- don't they thereon her? >> apparently not. >> larry: do you thak that

argument? >> i argued that the mat sher be dismissed. he was supposed to be sentenced to time served and the judge changed his mind. and then as a result, he pled. and it's been just a long period of time for her to endure and her family to endure the pendancy of the case. had it been someone else, not her, but because of the what the case seems to engender. >> larry: legally what do you think is going to happen? >> the court of appeals is very strong they feel there should be a prompt and quick resolution of the matter. and there ought to be a full hearing. and this plea or request to and sentenced abten shall should be in a hearing and the court can

decide what to do as a result of what is judicial impro pryty. >> larry: when when come back, the sister of sharon tate murdered that night. good news, my phoenix office... the meeting went great! they loved the presentation!

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ster in law. i knew sharon tate. had interviewed her a couple months before he tragic matter. what would you like to see happen? >> i would like to go away. there has been a lot of time ha has passed and we need to bring it to an end. >> larry: have you talked to roman polanski? >> i have. >> larry: how can you have a conversation with someone who brutally murders your sister? >> roman didn't murder my sister. >> larry: that's what i meant. >> i don't have a prb with roman whatsoever. the actions he took then has logic that doesn't necessarily play out by the law in my opinion. there are extenuating

circumstances to this thing that have to do with legal improprieties that are bigger. >> larry: did your sister love him? >> absolutely. >> larry: and he loved her. >> absolutely. >> larry: how was he doing when you spoke to him? >> he was humble and thinking it's a tragic situation. now he sees it differently perhaps. and that is purely my take ones. i could hear it in his voice. >> larry: was there an age difference between sharon and roman is there sn. >> there was. ten years. >> larry: his current wife. he met her when he bus 16. >> 15 years old. and. >> larry: he had a relationship when he was 15. >> that's correct. >> larry: do you think he has an

attraction for younger women? >> i think in france it's well known it's a rite of passage. younger women with older men and older women with younger men. >> larry: do you understand why people might not look favorably on it? >> i do understand. i have a victim's rights advocate and i deal with women who have been raped. i do understand it completely. but this is just slightly different. and it's not up to me to bring that to public light. but there are circumstances that make it ever so slightly different than a full rape. >> larry: do you know larry client? >> i have never met her. ever. >> larry: what do you make of her feelings? >> i understood 100%. she's a mother. she's got her own children. this has got to put her at this

point in time in a very uncomfortable position at best. and it's inappropriate on behalf of the lapd's office to pursue this case n this fiscal climate. perhaps there is an end we can reach without spending $2 million on a trial. >> larry: whey do you think they are so intent on this? >> it's hard to figure. the prior prosecutor in the case certainly roger downson, really a wonderful human being, was quite understand of the desire of my client is her family to end this thing, even back in 1977. and that intelligence hasn't passed on. >> larry: where were you the

night sharon was killed? >> i was supposed to be at sharon's house. and a phone call circumstance, chances changed and i stayed at my mother's home. >> larry: you never get over that. >> never, i get victimized over and over and over again. >> larry: did you talk to roman after that? >> absolutely. we remained close for many years and still have. i flew to londons and testified against conde nast magazine. >> larry: does she have a happy marriage now? >> he has a wonderful life and a happy marriage. beautiful, bright, brilliant children. >> larry: we will be join bid the former county deputy

district attorney and the defense attorney. before we go, a program note. richard heene must report to jail by monday morning. he is talking to us monday night. he will tell us why his home maid balloon sailed we away with his beloved son believed to be on board. that is friday night. more in 60 second. how about a coastal soup and grilled shrimp salad combination? or maybe our new savory shrimp jambalaya. seafood lunches starting at just $6.99 at red lobster.

we've helped over three-quarters of a million families... refinance or purchase their home. - and that's why i love... - i love... i love being a home loan expert. ♪ >> larry: adds we mentioned, polanski's victim, shan that grimer, wug on the show in fee. i asked her about her feelings to roman polanski. watch. neither of you feel familiarly angry with roman polanski. >> no, not anymore. not even then. i was angry because he was the cause of the publicity and it's the worst thing that ever

happened to me. >> larry: not the sex. >> the publicity was so terrible and immediate that it overshadowed everything that happened that night. >> larry: when you think back, did he know you were 13? >> i was almost 14 but i was 13. >> larry: what do you think happened? why do you think he did this? >> he used to like really young girls. >> larry: you won't the first? >> i don't -- i don't though. no one else has spoken up and said anything. so i have to assume it was just me. but i think he was using really bad judgment and went farther than he should go. >> larry: if your sister hadn't heard the conversation, would we have heard the story? >> no, i would haven't told my mom. >> larry: we will look at the case after the break.

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>> larry: lawrence silver, the attorney for samantha gamer and debra tail remain with us. we are joined by former l.a. county deputy torn. author of "it happens all the time, sex crimes." and mark gar goes. what do you want to happen? >> i want to see this case get resofed and once and for all. it's not about looking for additional time. it's looking for closing up the undone stuff of what happened many years ago. >> larry: wouldn't the last district attorney's office close it by closing it? >> can close it by closing it or

by having mr. polanski sentenced. and i think the best deal is to close with it with the dial that was intended at sentence. not necessarily the deal that is right for now. >> larry: what is wrong with that? >> he is never coming here. we wrote that he be sentenced and at his chalet. they just gave an order to have him sentences in absentia. and they can go from there. much ado about nothing. and one of the most sorted chatters in california juice tis can be brought to an end. >> larry: do you like it? >> sounds good to me. >> larry: do you like it?

>> we are all agree manage. st not saying let's make the case ago. it's not the additional punishment what would the sentence be? >> it's literally a win-win for the d.a. if this case comes back here -- >> larry: it is a conviction. we got that already. >> get their sentencing. they don't have a conviction until he is sentenced technically in california law, not a conviction until he is sentenced for a lot of different purposes. the fact is they don't have to have all kinds of stuff exposed to what went on and have a lot of reputations tarnished. >> i don't think that's what everybody's concerned about in terms of the reputation tarnished. everyone's reputation has been tarnished and go through the media what it does is doesn't put the victim back through the process it keeps the sentence as is and allows the case to go away with a conviction. >> larry: what does this say though to other rapists who rape young girls, like they say i want the -- >> better off in the '70s than

they are today and that's the truth. you would not -- >> larry: '70s you go get away with it? >> the '70s a completely different milieu than today. >> the same law under the same circumstances would be a mandatory life sentence if the allegations were proved. >> interestingly enough in this state, by initiative, we have passed another victims' bill of rights the victim is supposed to have input at the sentencing. you have the victim, larry, telling them we don't want anything more to happen people are arguing for something else there is a schizophrenic nature to the public. >> larry: bev, you are involved with standing up for victim? >> i am involved with standing up for victims. >> larry: in this care your brother-in-law caused the victim to be a victim? >> to tell you the truth, larry, you believe at this point in time there are victims on both sides of the fence. there's victims in our -- in our legal system that have been taken advantage of on both

sides. there are perpetrators. who's wear, the white hats? who's wake the black hats? it is all mixed these days it is getting unclearer. >> larry: comment, robin? >> i don't think that polanski is a victim in this situation. i think only victim is samantha and the victim. he is getting the benefit of a great deal. luckily for him, we do live in a state where the state actually cares about the victim's input and that is critical. >> you can talk about that all day long except the fact is if half of the allegations if just half of the allegations are true as too what happened, he is a victim and the court of appeals spent 70 pages detailing the victimization. >> larry: be back with more. right now, check in with anderson cooper, he will lost "ac 360" at the top of the hour. what is up? terror charges for the christmas eve bomber and new remarkable details about how quickly this educate and wealthy young man morphed into a violent extremist. also, terror in the skies

again. f-15 fighters scramble. we will tell you why. and going to look at questions -- continuing questions about what kind of job the tsa is doing to keep us safe what's working, what needs to be fixed what is doing a good job and who isn't? we are keeping them honest tonight. a battle in the arctic ocean, a small boat in protest takes on a japanese whaling ship, dram dramatic video, a small boat almost snapped in half. talk to the captain of the crew. all that at the top of the hour. >>. >> larry: "ac 360." we will be back with our panel after this. some lunch. you hungry? yeah. me too. (door crashes in) (broadview alarm) (gasp and scream) go! go! go! go! go! go! (phone rings) hello? this is mark with broadview security. is everything okay? no. someone just tried to break in. i'm sending help right now. thank you. (announcer) brink's home security is now broadview security.

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>> larry: back. larry, has your client been paid damages? >> we have -- there was a civil

case and a settlement, is confidential. >> larry: polanski settled? >> the case was settled. >> larry: what do you know about his health, debra? there are reports he is in ill health. >> he was not in good health in the beginning of this ordeal but he is bouncing back ever so slightly. he is very concerned and he is not taking this lightly, by any stretch of the imagination. >> larry: would he come back if this got cleared? . i can't say that. i would like him to come back. he is my -- basically my only family member left on earth, other than my daughter. so, i would like him to come back, but i doubt it. i doubt it. >> larry: you doubt it, too? >> i don't think he will come back. i think the only reason he ever wanted this cleared up is so he can travel in countries in europe and the like, where he -- he wouldn't have a fear of this happening here. >> larry: was the deal made at the time, robin, fair?

>> the deal at the time -- i can't speak for what would have happened and what the culture in the office was like at that time. i wasn't in the office at that time. but that kind of charge probably would not have settled like it did now. if that were the kind of case now there is a presumption of prison whenever there a case of penetration and when there is drug use and someone under 14, you've got a situation where you have a strike under the california three strikes law and a lot of bargaining chips on the prosecution's side so there wouldn't be a reason to gave deal like that unless the victim wasn't going to cooperate. >> back then, that wasn't highly unusual. i mean, that was -- given everything that surrounded that case at the time, doug dalton worked out a -- i thought a favorable deal but it certainly wasn't off the charts. >> larry: what, larry is the culture in that office now? >> i certainly don't know. in terms of the district attorney's office? >> larry: yeah. >> i don't have a clue. >> and that's what i just said is that it would be prison

sentence, very likely, in the office now because it would have been a life crime. so if someone was facing 25 years life mandatorly, a three-year sentence wouldn't have been unusual or unheard of. >> larry: the victim wouldn't have matered? >> the victim absolutely does matter. under the penal code, the victim has a right and a same the victim at the time of prosecution at the time was cooperative. we have to assume at the time of prosecution now, she would be. >> larry: who in the populace is most upset, debra, at the idea of polanski getting some sort of deal? is there still a learn movement out there? >> evidently that there is a very large movement. i catch a lot of riff for taking the position that i take, however, people weren't around at that time. i was. i do know the details and the circumstances, of which i'm not an attorney, so i'm not in that playing field. but i do believe that there were exceptions that a fair court should take into consideration and even as a victim's right advocate, i'm not necessarily in

line with the current three strikes laws, the way they are and so on and so forth. i think that we are definitely overpenalized in the state of california and we need to recheck things. prison is -- incarceration is the number one business in the state of california now. >> larry: robin, want to comment on that? >> in terms of laws across the state, california is on the lesser side of seriousness when it comes to sexual assault crimes, 261.5 this crime is still not a registered sex offense, where all over the country it would be a registered sex offense. >> larry: not a registered sex offense? >> it is not a registerable sex offense. comparable law from state to state, california is pretty lenient in sex crimes area. >> that is why we have the largest prison population in the world it is nonsense. we have federal judges ordering the state to free 47,000 people. we have got the