*** UPDATE : Case going to Grand Jury.***

WASHINGTON - U. S. Capitol Police Chief Terrance Gainer said Wednesday that Rep. Cynthia McKinney turned an officer's failure to recognize her into a criminal matter when she failed to stop at his request, and then struck him.

"He reached out and grabbed her and she turned around and hit him," Gainer said on CNN. "Even the high and the haughty should be able to stop and say, 'I'm a congressman' and then everybody moves on."

For her part, McKinney wasn't backing down from the argument. She charged anew that racism is behind what she said is a pattern of difficulty in clearing Hill security checkpoints.

Gainer said that racism, however, was not a factor.

"I've seen our officers stop white members and black members, Latinos, male and females," he told CNN. "It's not an issue about what your race or gender is. It's an issue about making sure people who come into our building are recognized if they're not going through the magnetometer, and this officer at that moment didn't recognize her."

"It would have been real easy, as most members of Congress do, to say here's who I am or do you know who I am?" Gainer added.

She just can't get away from the "Race Card", even when the Dems are moving as far away as possible from her and her claims of racism.