captioning sponsored by macneil/lehrer productions >> ifill: the supreme court ruled today that, even without a warrant, police may take d.n.a. samples from suspects under arrest. good evening. i'm gwen ifill. >> brown: and i'm jeffrey brown. on the newshour tonight, marcia coyle dissects the 5-4 decision, which split the court in surprising ways. >> ifill: then, violent demonstrations raged across turkey for a fourth straight day. we get the latest on the protesters calling for the prime minister to step down. >> it really started as this tiny sit-in, but this kind of progressive, powerful reooks by the police basically caught the imagination of a lot of people who are more broadly unhappy with prime minister erdogan's

rule. >> brown: margaret warner reports on hezbollah's increasing role in syria's bloody civil war and the fight for a key syrian city. >> troops have turnedded the tide in the battle for the town ofr. >> ifill: ray suarez has the story of the court-martial of bradley manning, the army soldier charged with the biggest leak of classified information in u.s. history. >> brown: and we close with a look back at the career and political legacy of frank lautenberg, the long-time new jersey senator who died today at age 89. >> ifill: that's all ahead on tonight's newshour. >> major funding for the pbs newshour has been provided by: >> more than two years ago, the people of b.p. made a commitment to the gulf. and every day since, we've worked hard to keep it. today, the beaches and gulf are open for everyone to enjoy. we shared what we've learned so that we can all produce energy more safely. b.p. is also committed to america. we support nearly 250,000 jobs

and invest more here than anywhere else. we're working to fuel america for generations to come. our commitment has never been stronger. >> i want to make things more secure. >> i want to treat more dogs. >> our business needs more cases. >> where do you want to take your business? >> i need help selling art. >> from broadband, to web hosting, to mobile apps, small business solutions from a.t.&t. can help get you there. we can show you how at&t solutions can help your business today. >> bnsf railway. >> and by the alfred p. sloan foundation. supporting science, technology, and improved economic performance and financial literacy in the 21st century.

>> and with the ongoing support of these institutions and foundations. and... >> this program was made possible by the corporation for public broadcasting. and by contributions to your pbs station from viewers like you. thank you. >> ifill: the supreme court today found police can collect d.n.a. from people they arrest, equating the procedure to standard practices such as fingerprinting. the ruling was 5-4, but not your usual 5-4. joining us to explain the reasoning behind and the impact of the decision is marcia coyle of the "national law journal." as always, she was in the courtroom today. so start by describing to me the circumstances of the arrest of one alands owe king. >> mr. king was arrested in 2009 on assault charges. while he was being booked, police took a d.n.a. swab of his cheek and sent that out for

analysis. that's allowed under maryland law which says if you are arrested but not yet convicted of a serious crime, you can take the d.n.a. sample. several months later, there was a match between his d.n.a. and evidence in an unsolved, 2003 pe. he was charged with the rape, convicted, sentenced to life, maryland's highest court reversed his conviction finding that the maryland d.n.a. collection law violated the fourth amendment. >> ifill: but they were arguing that fingerprinting, swabbing of the cheek, same sort of thing. >> well, that came in the decision. the state of maryland brought an appeal to the u.s. supreme court. today the court in dividing 5-4 analyzed the law under the fourth amendment which, as you know, protects us from unseasonable searches and seizures. >> ifill: they said this was a reasonable search. >> justice kennedy said reasonableness is the touch stone of the fourth amendment. here is someone arrested who has

a lowered expectation of privacy and the d.n.a. swab of the cheek is a minimal intrusion, and both are really outweighed by law enforcement's legitimate interest in safe and accurate identification of people arrested. that's why he compared it to finger printing. does the same thing. he compared it also to matching an arrestees face to a face on a wantedded poster. he also said that the d.n.a. analysis was important to ensuring the safety of the public as well as the safety of staff and other detainees in a facility that would also be used to make decisions about bail and the risk to the public. he said there is a limit in the maryland law, and that is it's only done if you've been arrested for serious crimes. >> ifill: 5-4. we've had these conversations before with a 5-4 split in the court. it seems pretty predictable who is 5 and who is 4. not today. >> justice scalia led the

dissenters. he was joined by justices ginsberg, sotomayor and kagan. the fourth amendment cases tend to bring out his libertarian streak. he's written before about how important it is to warrants or individualized suspicion. he said that the court was claiming that the d.n.a. swab was really for identification enforcement basically a smoke really wants to do and that's to solve unsolved crimes. >> ifill: which is what happened in this case. >> absolutely. he said that's a noble goal, but the court, he said, has never suspended the individualized suspicion that would tie a person to a particular crime for an investigative purpose. the court has done that in a very few number of cases like you don't need suspicion to drug test rail workers. there the motive is safety. >> ifill: this outcome could have been different if a reliable four so-called liberal justices stayed together but

justice breyer went the other way. >> yes, he did. justice breyer is known for a very pragmatic approach to constitutional interpretation. and i don't know. he didn't write separately so i don't know what his reasons were, but i suspect since he joined in full justice kennedy's opinion as did the other conservatives on the court, that he accepted the reasonableness of what police were doing here. >> ifill: was there any discussion about whether there was concern about whether this d.n.a. information could be misused? >> yes. justice kennedy said that the maryland law made clear that it was only for identification purposes that you are not getting the individual total genetic profile. >> ifill: exactly. right. but he did say that this is a new technology and that other states' laws may raise other questions that have to be answered down the road. that wasn't sufficient for justice scalia. he said if he followed the logic of the majority's opinion, you'll be able to swab somebody's cheek whenever they're arrested for whatever

crime. >> ifill: not whenever you're stopped. if you're pulled over by the side of the road and under suspicion of having done something, they can't swab you at the side of the road. you have to be under arrest, in custody. >> well, if you are arrested or if you are stopped by police on the road, the police can do a search incident to an arrest, or they can... if they have probable cause to believe that you've committed a crime, they are usually required to get a warrant. but they also can search if they are concerned that their safety is at risk. so it's a totally different situation. here somebody was under arrest, wasn't convicted. and the law allowed the d.n.a. swab. >> any states besides maryland which has a law like this? >> 28 states and the federal government have laws. they're not all the same. it may well be the court's decision today will encourage other states to pass similar laws.

>> ifill: very interesting, marcia coyle. as always, i know you're bracing for the rest of this very busy month. >> a very busy month. ifill: thank you. my pleasure. >> brown: still to come on the newshour, violent demonstrations across turkey; margaret warner on hezbollah joining syria's civil war; bradley manning on trial for leaking secrets; and the passing of the senate's oldest member. but first, the other news of the day. here's kwame holman. >> holman: the man accused in the 2009 shootings at fort hood, texas, will represent himself at his court-martial. a military judge ruled today that army major nidal hasan is mentally competent to act as his own defense lawyer. he's charged with 13 counts of premeditated murder and 32 counts of attempted murder. jury selection begins wednesday. if convicted, hasan could get the death penalty. president obama called today for americans to bring mental illness "out of the shadows." he spoke at a white house conference organized after the school shootings in newtown, connecticut. the president emphasized that

most of the mentally ill are not violent, and he said it's important to erase the stigma attached to their condition. too many americans who struggle with ment health illnesses are still suffering in silence rather than seeking help. we need to see to it that men and women who would never hesitate to to go see a doctor if they had a broken arm or came down with the flu, that they have that same attitude when it comes to their meant health. >> holman: according to the president, more than 60% of americans with mental illness do not receive treatment. a fire at a poultry plant in china killed at least 119 people early today. survivors told state media that only one exit was unlocked, and the fire spread quickly. we have a report narrated by angus walker of independent television news. >> the fire broke out just before dawn. more than 300 workers had already start their shift at a chicken processing factory in northeast china.

eyewitnesses say they heard explosions and then the building began to fill with smoke. around 100 employees escaped from the plant, but others were trapped in tight corridors leading to narrow doors or locked exits according to firefighters. there's growing public outrage, questioning the factory's safety standards as an investigation begins. "we're looking into the cause of this accident. efforts are being made to identify the injured and dead. >> reporter: at this early stage, it's believed an ammonia leak may have caused explosions and the fire. an area of up to a kilometer around the factory was evacuated amid fears of further blasts. this is certainly one of the worst factory fires in china's history. a country where industrial accidents are common.

>> holman: this was the third major industrial fire reported in china in the last four days. the death toll went up to 14 in the wake of friday night's tornadoes in oklahoma. six people still were missing. one of the twisters caught people trying to drive to safety on an interstate, west of oklahoma city. it hit during the evening rush hour. three of those killed were veteran storm chasers: tim samaras, his son paul, and carl young. days of heavy rainfall in central europe have led to the worst flooding in centuries, and at least eight deaths. in southeastern germany, water levels in passau now are higher than they've been in more than 500 years. today, with water pouring in from three rivers, emergency workers used boats to evacuate people trapped inside their homes. in afghanistan, nine schoolchildren and two nato troops died in a suicide bombing today. the children were on their way home when the attacker struck close to members of a u.s. military delegation in the eastern province of paktia.

the taliban and other militants have increased bombings nationwide in recent weeks, testing afghan forces' ability to secure the country. the new head of the internal revenue service acknowledged today that americans have grave questions about his agency. danny werfel testified at a house hearing, his first since being named acting i.r.s. commissioner. he addressed revelations that conservative groups were singled out, and said a thorough review is under way. >> these failures have undermined the public's trust in the i.r.s.'s ability to administer the tax laws in a fair and impartial manner, and they must be corrected. the agency stands ready to confront the problems that occurred, hold accountable those who acted inappropriately, be open about what happened, and permanently fix these problems so that such missteps do not occur again. >> holman: the committee also heard about lavish spending by the i.r.s. in recent years.

a treasury department report being released tomorrow says the agency spent $50 million on more than 200 employee conferences between 2010 and 2012. attendees received perks, including baseball tickets and stays in presidential suites. it was widely reported this evening that the president has chosen washington lawyer patricia ann millet, law professor cornelia pole ard and federal district judge robert leon willkins. the announcement is expected tomorrow. senate republicans say the appeals court does not need more judges. apple went on trial today on charges that it broke federal anti-trust laws and conspired to drive up the price of electronic books. a federal prosecutor in new york alleged that apple joined five publishers in a scheme that cost consumers hundreds of millions of dollars. the tech giant insisted its actions actually helped spur competition.

the publishers already have settled in the case. u.s. auto sales rebounded in may after a dip in april. nissan sales jumped 25%. business at ford and chrysler was also up by double digits. general motors reported a gain of 3%. on wall street, stocks rallied late after wavering much of the day. the dow jones industrial average gained 138 points to close at 15,254. the nasdaq rose nine points to close at 3465. those are some of the day's major stories. now, back to jeff. >> brown: and we turn to political unrest in turkey, where violent demonstrations continued for a fourth consecutive day. turkish government's show of force was on full display today. riot police fired water cannons and tear gas to disperse protesters in ankara. the unrest initially erupted early friday in istanbul after

police raided a peaceful sit-in against plans to bull doze a park. >> the resistance in one park alone has now turned into the resistance and rebellion of all the people. the park has been a symbol for the repressed and those whose voice has not been heard and then spread across the country from here. >> brown: demonstrations quickly spread to several major cities with hundreds of people injured. the protesters are mainly secular turks who see the government's development plans as part of an increasingly authoritarian rule. prime minister erdogan rejected the complaints today and said protest organizers are leading the young astray. >> the opposition may have tricked them interest the rebellion. the extremists may have done that as well. they have networks in every city. >> brown: erdogan has been in power since 200 and has won three landslide elections. under his rule turkey has seen

increasing economic growth and a heightenedded presence in the international community. just last month he visited washington. >> this visit reflects the importance that the united states places on our relationship with our ally turkey, and i value so much the partnership that i've been able to develop with prime ministere. >> brown: but today secretary of state john kerry questioned the turkish government's handling of the unrest. >> we are concerned by the reports of excessive use of force by police. we obviously hope that there will be a full investigation of those incidents and full restraint from the police force with respect to those kinds of incidents. >> brown: despite the demonstrations and the police response, there's been very little media coverage inside turkey. today hundreds of protesters descended on a turkish television station in istanbul. news of the events, however,

spread throughout turkey and the world on social media. that drew the ire of erdogan in a statement on sunday. there is now a menace which is called twitter, he said. the best examples of lies can be found there. to me social media is the worst menace to society. but turkey's president struck a nor conciliatory tone today. >> in democracies, of course, those who run a country are elected by votes and through the will of the people. but a democracy is not just about voting. if there are different opinions, different situations, different points of view and dissent, there is nothing more natural than being able to voice those differences. >> meanwhile in neighboring syria, president bashar al assad issued a ban on travel to turkey. citing security concerns. the two golfs have been at odds with erdogan condemning assad's violence against his own countrymen and demanding he step down. a

a short time ago, i spoke to scott peterson of the "christian science monitor" in istanbul. scott, thanks for joining us. so this all started over what from the outside seems relatively small, some redevelopment plans. what do people say about about why it's grown so much. >> i think it's really kind of shocked authorities and also shocked those would have actually taken part. the fact that this gained so much speed last friday just three days ago. it really started as this tiny sit-in, but this kind of progressive, powerful reaction by the police, these efforts to break up this sit-in basically caught the imagination of a lot of people who are more broadly unhappy with the... with prime minister erdogan's rule. they wanted to make their point and they did so very, very swiftly. what i heard repeatedly during these days is how surprised people were that they came out in such large numbers that they were able to take on the police and also, of course, in their view, reacting to a very, very strong police effort to keep them from gathering and really expending huge amounts of tear gas in the process.

>> brown: tell us a little bit more about who the protesters are and to the extent you can, is it clear what they're after. >> well, these... this is a great question. i think, in fact, even the protesters themselves don't know. literally in the laugh half an hour i was speaking to young students. they were art students. they had construction helmets. they had protective material taped to the sides, and they had kind of workshop goggles. that was their protection. there was a group of them. i said, okay, so you're making your point known. there are a lot of people here but what are you actually after? of course, they said, well, we want to see the end of erred gan and that sort of thing. i said you and i both know that erdogan is not going anywhere, that, you s fññ for 50, you know, he's got 50% of the electorate behind him. he feels very strong in that. some analysts say that he hasn't lost a single vote in the course of these events because the people who are out there protesting are not those who voted for him. what really do you expect to gain? they really had very little

sense about what they actually did want. to get or what they expected. i think it depends on the political parties. it also depends on, you know, what type... they say we want freedom. we want more democracy. of course this is already a democracy. there's a lot to play out for here politically still before this process is over. >> brown: so, scott, then what has been the stance of the prime minister? he's rejected any comparisons to an arab spring-type situation. what is he saying? >> well, he's taken a very defiant tone and, in fact, for many of the people who have been protesting a very threatening tone. i think one of the most important things to watch for in the coming days is to see what moves or what adjustments prime minister erdogan actually makes in his statements. will he sound more conciliatory, which is something that really has been against his character over the last ten years. when you speak to people on the ground here, they don't expect any give at all from the prime minister. they're constantly speaking

about authoritarian rule. they use the word dictator and fascist. one analyst described to me today that what president erdogan says is a majority democracy. he wins most votes and he takes what he wants and makes all the decisions on his own as opposed to a much more inclusive democracy that would be one that would include all those turks who also didn't vote for him. those are many who see we see out on the streets today. >> brown: can you tell how much this is being seen there as part of a larger split within the society of those who favor a more secular culture and those who are for more and including the prime minister's party, a more religious-based society. >> that's right. what we're seeing here really are the very wide social divisions that already exist and have existed for decades really in turkey. kind of exposed. and made clear. and it's interesting that they come now. of course they have especially existed over the last decade because for those, many of those who are on the streets now, more

secular bent or type of people who really do adhere to the secular basis of this republic going back 75 years, you know, what they see is they see an encroaching islamism that is coming from prime minister erdogan. they've complained about that. you know, going back ten years ago they were always making comparisons saying we don't want to have an islamic republic in turkey. they're going to bring an iran-style islamic state. all that kind of thing speaking in a very extreme terms. now prime minister erdogan is in fact overseeing a much more mercantile democracy. this would be, you know, where money really trumped most other concerns. we haven't seen so much of the religious side but more recently people feel that the prime minister has made and his party has made many more steps toward an islamic future. that's one that they really feel is being imposed upon them and they don't want to accept. >> brown: scott peterson, christiane science monitor in istanbul, thanks so much. >> thank you.

>> ifill: we turn now to the conflict in syria and the further spillover in neighboring lebanon. just yesterday, 12 people were killed on lebanese soil during a battle between pro-assad hezbollah guerrillas and syrian rebels. margaret warner is on a reporting trip to the region and tonight examines the role of lebanon's fighters, who are engaged on both sides of syria's bloody civil war. >> warner: high in the bekaa valley town of maashgara, lebanon's shiite party of god, hezbollah, celebrated its resistance and liberation day. complete with martial music, youth scouts, flags, and posters of iconic shiite figures from lebanon and iran. the occasion: the 13th anniversary of israel's withdrawal from southern lebanon after nearly two decades of occupation.

the thousands who gathered here came to celebrate hezbollah's founding ideal: resistance against israel. but they also heard their leader make the case for why hezbollah is adding another front to its long war. that new front: defense of one of its chief allies, the regime of bashar al-assad in neighboring syria, where a brutal civil war has killed more than 80,000 and displaced four million. hezbollah troops have helped turn the tide for the assad regime in the current battle for the strategic town of qusayr. they have also added to the conflict's ominous sectarian bent, as assad's alawite sect, an offshoot of shiite islam, confronts a mostly sunniw#g rebellion bolstered by a fervent jihadist corps. hezbollah leader hassan nasrallah spoke to the crowd by videotape. far from downplaying hezbollah's role across the border, he

embraced it, saying they were defending all of lebanon-- shiites, sunnis, and christians-- against the fundamentalist al-qaeda-like sunnis in the syrian opposition. grps have over syria, andthese parts bordering lebanon, as a grave danger to all lebanese-- and we have been promised here in lebanon that this scourge is coming our way. >> warner: he also argued his militias were defending a crucial ally in the movement's core mission of resisting israel. >> syria is the backbone of the resistance, and the resistance cannot stand idly by. if syria falls into the hands of america, israel, and the takfiris, the resistance will find itself under siege, and israel will invade lebanon. >> warner: 22-year-old hassan sa'ad responded to that message. >> we support the participation of hezbollah in syria. bashar assad helped us win the war over israel. all our weapons were entering from there. >> warner: grandmother fatima shared nasrallah's fear of the extremists in the syrian opposition.

>> if they are not stopped in syria, they are coming after us. we don't slaughter people. we are not savages like them. >> the main element of hezbollah's narrative is that the fight in syria is a preemptive war. >> warner: randa slim of the new america foundation, author of a forthcoming book on hezbollah, says nasrallah is casting this as a necessary war of prevention. >> it's better for us shi'as and hezbollah to fight them inside syria instead of waiting for them to come to our back doors. >> warner: and are shi'a here buying that? >> so far the majority of the shi'as and the core constituency of hezbollah has bought lock, stock, and barrel into this narrative. >> warner: not all, however. one of hezbollah's founders, sheikh subhi al tufayli, says nasrullah is simply doing the

bidding of his patron iran. >> the truth is, hezbollah is ordered to defend the regime. the party knows and all its leadership know that this decision is wrong and destructive, and that it would put an end to the party. despite this, the party had to accept the iranian decision. unfortunately, if things continue this way, we are heading towards a destructive sunni-shiite war. >> warner: tufayli, who split from the group more than 15 years ago, said lebanese shiites siding with "oppressors" like assad will bring disastrous consequences. >> a war this size will provoke the people and cause the deaths of millions. going to syria from this country to participate in the war is indirectly an invitation for others to participate in this war. most sunnies support the western-backed syrian rebels.

radical sunnies radical sunnis like sheikh ahmad al assir in the port city of sidon has been doing just that, urging his followers to join the syrian rebels fight against assad. friday, he cited nasrallah's speech. >> nasrallah said i want you to kill the sunni, who are worse than the jews, to go fight in syria to fight the rebels. we consider those words are launching war against sunnis throughout the world. >> warner: assir, who made a recent show of going to the front lines in syria himself, concedes lebanese sunnis assisting the rebels are no match for hezbollah's reinforcements for assad. >> they have more military experience and they have much more developed weapons. we know that our people are not going to make a difference, but it is our duty to send them. >> warner: so do you think this is turning into a sunni/shi'a war? >> i consider this a war launched by those shi'a groups who have always carried animosity and hatred to the sunnis throughout history.

>> warner: hassan srour of tripoli, a sunni, answered the call to help the syrian rebels. but he and his comrades were attacked by assad's forces. most, including his brother, were killed. >> i went there because all the sunnis there are being slaughtered and tortured. this is our religious duty to go and defend our families there. >> warner: other lebanese sunnis like 21-year-old fsa mayass tayar, who had just left the bruising battle for qusayr to bring his family to the lebanese sunni village of arsal. he said the hezbollah militias are assad's most effective force there. >> they are wearing military uniforms and their faces are covered. they are many in number, thousands. they have very sophisticated weapons. they even have m-16's, which the syrian army doesn't have. the syrian army has kalashnikovs.

>> warner: many of those hezbollah fighters entered syria not far from arsal, near the shiite towns of hermel and al qasr at the northern end of the bekaa valley. we are just inside the syrian border. seven miles farther, through the haze, lies the city of qusayr, where hezbollah is fighting with assad's forces to retake the town. hezbollah militias used to base their operations here, but now that they've retaken territory around qusayr, they've been able to move deeper inside. syrian jets roared overhead as a constant thunder of artillery pounded the city. none of the hezbollah escorts who brought us to the area would speak to us on camera. but when they took us right next to a syrian army outpost, it was clear how close the two were and how here the border is just a line on the map.

hezbollah's involvement in syria has come at a price. rebels or their sympathizers have been regularly firing rockets at shiite towns in lebanon. among the most frequent targets: the hezbollah-dominated town of hermel. vice-mayor issam blabel took us to the site of last tuesday's rocket attack. >> the rocket fell at 4:00 in the afternoon, when people are resting in their homes. >> warner: hermel has been hit with more than 70 rockets in the last month, ever since the battle for qusayr intensified. >> every house here has a hezbollah member, and the shi'a are almost all supporters of hezbollah. they claim that this is a base for launching operations against them, but they are targeting it because it's purely a shi'a village. >> warner: the rebels have said if hezbollah doesn't withdraw

from syria, they are going to increase attacks on hezbollah bases in lebanon. >> our bases and offices are not exposed, and nobody knows where they are. >> warner: blabel said 3,500 hezbollah fighters are in syria. whatever the number, they are battle-tested from fighting israel to stalemate in 2006. do they operate under whose command? >> under the command of the syrian army. since 2006 the syrian army has been helping the resistance against israel. they have been supplying us with arms and ammunition and logistics, whatever we need. >> warner: what's new-- and increasingly routine-- are hezbollah bodies being returned for burial from battles outside lebanon. we surreptitiously filmed this funeral procession in the central bekaa valley town of baalbek, honoring two fighters--

whom they call martyrs-- killed in the battle in qusayr. some 200 are thought to have died so far, fighting for bashar assad. randa slim says it's unclear how long hezbollah leaders can sustain that among their ranks. >> it's hard to tell how many men will have to die before you have the first mother in black of the fallen, standing up in public and saying, "i'm not sending my second son, or my third son, to fight in syria." >> warner: so far, that mother has yet to make her stand. >> brown: now to a milestone in the largest leak of classified documents in u.s. history. ray suarez has more. >> suarez: three years after his arrest in iraq, the court marshal for private first class bradley manning began today at

fort mead in maryland. manning has already pleaded guilty to several charges. what remains to be fought out in court. >> what he pleaded guilty to were substantially lesser charges. the most serious charges which included aiding the enemy, that would possibly involve a life in prison sentence, those still have to be argued through in great detail. >> suarez: we got to see the broad outline of the prosecution's case today. how are they going to go after bradley manning? >> well, the prosecution in their opening statement went through a very detailed methodical point by point time line of when he arrived in iraq, what he leaked and when he decided to leak it. they're going to show that he leaked these things and he knew that these things could aid the enemy. >> suarez: we're in a situation where we have a defendant who has already admitted committing the core crime. so when his defense team gave their opening argument in the

outlines of their defense, what are they going to say on bradley manning's behalf when they put his case on. >> they're not arguing that bradley manning leaks confidential information. they're saying that the defense said in his opening argument that bradley manning was young, naive, but good intention. the good intentions meaning that he was essentially thinking of himself as a whistle blower. he saw things in iraq what he considered a disregard for iraqi life in particular but he found so objectionable that he thought there wasn't being anything done about it at the time. what he thought he was doing was being a whistle blower, doing the right and moral thing even according to the letter of the law it was not legal. >> suarez: are both the defense and the prosecution going to argue a lot about both bradley manning's motives in turning over the documents to wikileaks but also who he thought would receive it in the end, who would see what he was turning over. >> well, right. that's the key part of the government's argument with aiding the enemy. the idea that by releasing this

information to wikileaks bradley manning knew that al qaeda, our enemies were reading wikileaks and would therefore get that information. the defense is saying, no, he was selective with the information he released. he was not releasing stuff that could damage the united states but stuff he wanted to do that would create a dialogue with the american public. he was thinking about american people not about the enemy. >> suarez: when you say thinking about american people, what does the defense team say that ultimately bradley manning had in mind as a goal in releasing these otherwise secret documents? >> he wanted to generate a debate in america. he thought that if americans knew what was going on, what was in these detailed day-to-day logs, what was going on in iraq, the number of civilians being killed, that it would generate a debate in america, about the wars, how they're being waged. the defense attorney thought he was naive in thinking that. >> today the first wit witnesses took to the stand. who were they and what did they have to say? >> the first two wit witnesses

were investigative officers who were there on the scene in baghdad, there on the seen in iraq where private manning was stationed. they were there and did the initial crime scene investigation. they interviewed some of the people who were there and investigated around the scene to collect the evidence. the other witness was bradley manning's roommate there in iraq who was there, stayed with him in the same room but didn't know manning at all. they led separate existences. they didn't get much of an insight into bradley manning except that he kept to his own, kept to himself. >> and these are witnesses for the prosecution. so far it's they who will put on their case first. >> right. the prosecution is laying out their case first. they have over 100 witnesses they're scheduled to call. whether or not they'll all be called will be seen. but they have a pretty extensive witness list to lay out in detail what exactly bradley manning did wrong and why it was so wrong. >> this is expected. you mention 100 witnesses for the prosecution. this is expected to be a fairly

long trial. isn't it? >> it's scheduled to go through august 23 which is quite a long amount of time. they're saying the reason for this is it's such a massive amount of data that was leaked. so many details to go through and/or to prove whether or not bradley manning caused damage, nemywa and all these questions which are outstanding. >> from pbs's front line, thanks for joining us. >> thanks, ray. >> ifill: we'll be back shortly with a look at the life and political legacy of senator frank lautenberg, who passed away today. but first, this is pledge week on pbs. this break allows

>> ifill: finally tonight, the senate lost one of its longest

serving members, and its last world war ii veteran. flags flew at half staff over the u.s. capitol, honoring new jersey democratic senator frank lautenberg who died early today of pneumonia at a new york hospital. senate majority leader harry reid. >> few people in the history of this institution have contributed as much to our nation and to the united states senate as frank lautenberg. success story is really what the american dream is is all about. he is the last world war ii veteran. having served in the senate. we don't have any world war ii veterans anymore, mr. president. his death is a great loss for this institution and many many... in many many different ways. >> ifill: lautenberg was a millionaire businessman, first elected to the senate in 1982 at the age of 58. he's known for pushing through a 1989 law that banned smoking on most u.s. flights.

and he was also the driving force behind a 1984 law that raised the national drinking age to 21. he discussed it that year on the newshour. >> i don't think the congress is going to back off. we see a movement in this country to abolish drunk driving. >> ifill: lautenberg left the senate in 2000 after 18 years. but two years later he came out of retirement as a last-minute replacement for scandal-ridden senator robert torricelli who pulled out just five weeks before election day. lautenberg won easily and returned to the senate, at age 78. four months ago he announced he would retire a second time after his fifth term ended in 2015. he cast one of his final votes in april appearing on the senate floor in a wheelchair to support a gun-control bill that ultimately failed. it's now up to new jersey's republican governor chris christie to appoint a successor

to fill out lautenberg's term. >> i think the best way to describe frank lautenberg and the way he would probably want to be described to all of you today is as a fighter. so today is a sad day for the people of new jersey. >> ifill: frank lautenberg was 89 years old. for more on lautenberg's legacy, and who might replace him, we turn to herb jackson, washington correspondent for the "north jersey record." five terms, the oldest senator. what would he say his legacy was? >> well, i mean, he did talk about his legacy when he announced he was going to retire. environmental protection, the domestic violence law that prohibits abusers from getting handguns. he fought for mass transit. there's a train station in new jersey named after him. he was fighting very hard to get a new train tunnel under the hudson river, and that was one of the things he and governor christie fought about. he's got a lot of different

areas but he's an old school liberal. he came up in that era. he didn't think government was too big. he thought it was supposed to be there to help the weak and the poor. >> ifill: it wasn't an accident that one of his final big votes was on that gun-control background check bill. >> he had been ill much of the year and been telling the senate leadership that if there was a close vote and they needed him to be there, he would do it. he took that vote for the background check bill which was one of the things that he had been championing for quite a number of years since it expired from... during the bush administration. so it's been around, for him as an issue, for a long time. >> ifill: i think a lot of people could probably leave the senate and not be able to point to things that actually had an impact on people's lives but in his case not only gun-control issues but also environmental protection and airplane, banning smoking on airplanes and lowering the drinking age all had a biggie fect. >> the speed limit. things like that. he was really one of those people who thought government should stop you from doing things that are bad.

>> take us back to 2000 when he decided to or someone was drafted or requested to come back after he had already resigned. 2002. what happened there? >> well, i mean, he retired and then immediately hated it. he didn't like not being a senator. and he sat through two years watching his friend john corzine get his feet wet in the senate. all of a sudden bob torricelli started to implode. and party leaders needed somebody in september of the election year who could get on the ballot quickly, raise money to run, and, in fact, put his own money into running because he was a millionaire. lautenberg came back. everybody thought he would be there for one term. he ran began in 2008 and won again. >> ifill: frank lautenberg was a lot of things. among them he was a self-made millionaire and also a reputation of being kind of a tough politician. was that jersey politics or was that anywhere politics? >> he liked to fight. he liked to call dick cheney a

chicken hawk. he liked to get in and scrap with people. he barked a lot. but he also had friends on the other side of the aisle. i don't think he was a bipartisan kind of guy in any real sense although just a few... just a week-and-a-half ago he did get a bipartisan agreement on one of the bills he wanted to get done before his term ended. on harmful products that are in everyday household products, chemicals. >> ifill: now we know there will be some discussion that hasn't been decided tonight about his succession, what that will look like. that's up to the governor, right? >> it's complicated. the governor gets to name an appointee. how long that appointee serves there's two conflicting statutes. possibly there will be an election this year. possibly there will be an election next november or governor christie can call a special election on his own time frame. that is what comes into may there. chris christie is also on the ballot in november. does he want a potential senate

candidate with more millions of dollars to come in and pull out democratic votes? but who does he appoint? does he appoint somebody that satisfies the more moderate wing of the republican party thate represents or does he appoint somebody from the right who is... who may be making chris christie more appealing if he runs for president in 2016. >> ifill: once again all eyes on new jersey. herb jackson of the record, thank you very much. >> you're welcome. brown: again the other major >> brown: again, the other major developments of the day. the u.s. supreme court ruled that, even without a warrant, police may take d.n.a. samples from suspects under arrest. turkish prime minister erdogan rejected demands that he resign, as mass protests stretched into a fourth day. and a fire at a poultry plant in china killed at least 119 people. this evening oklahoma's chief medical examiner raised the death toll from last friday's tornadoes to 18.

>> ifill: online, ray sat down with english rocker billy bragg. kwame holman has more. >> holman: the english musician is on the road promoting his latest album, "tooth and nail," a collection of reflective, heavily country-infused songs. ray caught up with him on his tour bus. >> over the last 30 years you've done a bit of everything. production, albums with big backing. groups of musicians. comp layingses. this is a quiet, introspective and a little bit country. >> i don't think it's anymore country than from my neighborhood 22, 23 years ago. i think the record put me in that root music place. we brits have always had a push of americana. >> holman: and we're launching a new series today on how a changing climate affects the food we eat. check out "what's for lunch" in partnership with p.r.i.'s "the world," on our homepage. all that and more is on our web site, newshour.pbs.org.

gwen? >> ifill: and that's the newshour for tonight. on tuesday, we'll look at the latest on troubles at the i.r.s. i'm gwen ifill. >> brown: and i'm jeffrey brown. we'll see you online, and again here tomorrow evening. thanks for joining us. good night. >> major funding for the pbs newshour has been provided by: moving our economy for 160 years. bnsf, the engine that connects us. >> by b.p.

>> and by at&t. >> supported by the john d. and catherine t. macarthur foundation. committed to building a more just, verdant and peaceful world. more information at macfound.org. >> and with the ongoing support of these institutions and foundations. and... >> this program was made possible by the corporation for public broadcasting. and by contributions to your pbs station from viewers like you. thank you. captioning sponsored by macneil/lehrer productions captioned by media access group at wgbh access.wgbh.org .

>> this is "nightly business report." brought to you by thestreet.com. for an ever changing financial world. our identidividend stock advises to guide you and real money helps to think through ideas for trading and investing stocks. and trade by trade strategies. online, mobile, social media, we thestreet.com. >> bouncing back, another big push into the close. this one to the up side, sends investors home with a smile as stocks rebound from friday's steep sell off. >> apple on trial. the tech giant is accused of driving up the price of electronic books. what is at stake for the