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American Morning
Homeland Security: Far Reaching Investigation Raising Some Questions About What Some Say Are Illegal Detentions
Aired November 28, 2001 - 08:20 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
PAULA ZAHN, CNN ANCHOR: A federal judge in New York has ordered the release of a Jordanian born college student held in connection with the September 11 attacks. Not enough evidence, says the judge. The far reaching investigation is raising some questions about what some say are illegal detentions.
CNN's Eileen O'Connor has more on that.
(BEGIN VIDEOTAPE)
EILEEN O'CONNOR, CNN CORRESPONDENT (voice-over): From the attorney general, no apologies to critics who charge people are being held illegally and in secret.
JOHN ASHCROFT, ATTORNEY GENERAL: The Department of Justice is waging a deliberate campaign of arrest and detention to protect American lives.
O'CONNOR: Still, he did give out some numbers. One hundred four people have been charged with a federal offense stemming from the investigation into the September 11 attacks. Of those, 55 are in custody. Some have appeared in court, a few released on bond, others are still being sought. Five-hundred forty-eight more are in the custody of the Immigration and Naturalization Service for possible visa violations.
ASHCROFT: We believe we have al Qaeda membership in custody.
O'CONNOR: In addition, a nationwide effort is under way to talk about September 11 to some 5,000 mostly young Middle Eastern men in the U.S. on temporary visas. The Justice Department says some of the areas to be covered are their possible involvement in armed conflicts, knowledge of terrorism, and familiarity with weapons.
In Michigan, letters of invitation were sent out. Arab-American groups say it's nothing short of racial profiling and harassment.
IMAD HAMAD, AMERICAN- ARAB COMMITTEE: I don't think that guilt by association will bring any justice to any or bring us safety the way we are trying to ensure.
O'CONNOR: The attorney general says these measures and a refusal to release more information are steps designed to protect law abiding people.
ASHCROFT: And the question has to be asked, are people going to accept their responsibility to help us prevent additional terrorist attacks or not?
O'CONNOR: But some legal scholars say the question is not that simple.
DAVID COLE, GEORGETOWN UNIVERSITY: Here you have the government locking up hundreds and hundreds of people, and no opportunity for the public to assess whether the government is, as the Justice Department says, doing the job right, or, as many are concerned, overstepping its legal authority.
O'CONNOR (on camera): The attorney general says there will be public scrutiny via Congressional hearings.
Eileen O'Connor, CNN, Washington.
(END VIDEOTAPE)
ZAHN: Critics of Attorney General John Ashcroft say he has gone too far, trampling civil liberties in the name of homeland security. But the attorney general has his defenders, as well.
Joining us now from Washington is Michael Madigan, a former federal prosecutor. Good morning. Welcome.
MICHAEL MADIGAN, FORMER FEDERAL PROSECUTOR: Good morning, Paula.
ZAHN: So, sir, I wanted to ask you about a quote in the "Washington Post" this morning that comes from former FBI Director William Webster, and he was referring to I think some of the detailed information the attorney general gave us all yesterday. We mentioned this before, but I think it bears repeating. The attorney general giving out the names of some 93 of those people charged. Also releasing an accounting of the 548 people who remain in custody.
Here's what William Webster had to say about these preemptive arrests and detentions. "It carries a lot of risk with it. You may interrupt something but you may not be able to bring it down. You may not be able to stop what is going on."
Why is he wrong?
MADIGAN: Well, perhaps, Paula, we should start with the fact that we're at war here. We've had radical Muslim terrorists enter the country, murder over 5,000 of our people and this president and this attorney general and this FBI director are doing one heck of a job trying to prevent it from happening again. They've announced publicly that they intend to try to do it again and these measures are being taken to protect our people.
ZAHN: But what about the point the former FBI director was making? In the past, if you had these long-term investigations, the investigators who were quoted said if you had some patience and you let these terrorist plots go forward then you have a much better chance of stopping them completely.
MADIGAN: Well, Paula, I have the greatest respect for Judge Webster, but it's a different time. And we, of course, had no advanced knowledge of the terrible events of 9-11. And this attorney general is utilizing the powers that we have to investigate and to try to get as much information to protect the American people. And I think that's what the American people want.
ZAHN: But also in the same piece you have a senior Justice Department official being quoted saying none of these measures that John Ashcroft has instituted would have changed the result, would have enabled the FBI to stop those terrorists from committing what happened on September 11.
MADIGAN: Well, of course, we don't know, Paula, the extent of the investigation. We know that certain al Qaeda members are in custody and these investigations can't be conducted in public. The proper investigative techniques are being used and the resources of our government are being used. There are going to be congressional hearings, as you mentioned, today beginning. Assistant Attorney Chertoff, Assistant Attorney General Chertoff will go up and testify and answer all the questions with regard to what's being done.
ZAHN: And are you expecting to take it from both sides there? I mean Arlen Specter has a piece in the "New York Times" today, of course, a Republican, where he is questioning the whole notion of military tribunals and here is what he says. "You know, the usual test is whether our national security interests outweigh our due process rights. And the administration has not yet made this case. In doing so, it would have to explain how so many terrorists have been convicted in our federal courts using time honored criminal procedures." Does he have a point there?
MADIGAN: Well, of course, I have the greatest respect for Senator Specter as well. But military tribunals, and I'm sure the senator would agree, have been utilized by some of our greatest presidents, from Lincoln to Roosevelt. They've been approved by the unanimous Supreme Court and I don't think we really want bin Laden brought back into the United States and to have some two year trial in the United States.
Our military guys who are at risk over there are subject to military tribunals and I think it ought to be good enough for Mr. Bin Laden, as well.
ZAHN: Let me ask you this. You mentioned the hearings that are going to take place today with members of the Senate Judiciary Committee and then, of course, they will be meeting next week with the attorney general. He will be testifying then. As a result of the concern over civil liberties, do you expect the attorney general to change his mind about anything that he's instituted in the last several weeks?
MADIGAN: Well, I can't speak for the attorney general, but the techniques that have been used are all very appropriate law enforcement techniques. All the people who are being detained have violated our law in one respect or another, either the immigration laws or others. They're all here on voluntary visas. They are not American citizens. And the other techniques that are being used as possibilities are valid law enforcement techniques that we need to use.
These are different times. We are at risk. They've said they're going to attack us and I think the American people want and support overwhelming the use of valid law enforcement techniques to try to keep us safe.
ZAHN: And we appreciate your joining us this morning. And we know that you and CNN will have a lot to react to after today's meetings as well as that very important meeting that'll take place next week with the attorney general.
Thank you very much for your time this morning.
MADIGAN: Thank you. Thank you, Paula.
ZAHN: Still to come, new efforts under way this morning trying to track the anthrax mystery in Connecticut. We're going to have the very latest for you. And a little bit later on, how the so-called World Trade Center cough has some going to the doctor and the lawyers' offices. We'll explain.
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