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American Morning

Interview of Kenneth Starr, Former Independent Council

Aired January 10, 2002 - 09:12   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: Moving on to another important issue now. Hundreds of Taliban and al Qaeda members currently being held by the U.S. will soon be moved to the U.S. Naval base at Guantanamo Bay in Cuba.

A number of reports say that it will not be a winter vacation in the Caribbean. Reporters visiting Guantanamo say the detainees will be held in open-air chain link pens with no bathroom and limited food. A Pentagon spokesman says "it's fair and accurate to say that that we are still determining what types of people go into what kind of basket."

For his reaction, we turn to former independent counsel Kenneth Starr, who joins us now from Washington. Good to see you, welcome back.

KENNETH STARR, FORMER INDEPENDENT COUNSEL: Thank you, good to be here.

ZAHN: Thanks. So, Ken, I don't know whether you have had a chance to see the front page story on "U.S.A. Today," but they say, according to their reporters, under consideration is the prospect of actually potentially drugging some of these detainees. Good idea, bad idea?

STARR: Well, it is an operational question. Obviously these are, as someone put it, murderously suicidal people. This is quite unprecedented and extraordinary, and they may have to take extraordinary measures just to assure basic security, so it is going to be sense self-protection, self-defense so to speak.

ZAHN: Before we go further, as you've seen, there have been a number of descriptions of what exactly these detainees are. Some reporters referring to them as prisoners, some other reporters referring to them as prisoners of war, CNN calling them detainees, what exactly are they, legally?

STARR: I think, legally, at this stage, they are in an uncertain category. They are detainees, with their status being determined. They may become prisoners of war after an evaluation is made as to whether they, in fact, fit within the terms of the Geneva Convention. It may well be that they do not, and under those circumstances, then they are simply in our custody by virtue of the circumstances that obtained in Afghanistan, and they will then have to make a determination as to, although I think they will be treated humanely as prisoners of war, even if they don't qualify as prisoners of war," they will then have to be subjected to the process that is going to unfold, presumably in military tribunals.

ZAHN: So, since their legal status is somewhat murky at this point, how quickly can any judgment be rendered about how they should be treated once they arrive here?

STARR: Well, I think it is going to take a time to sort out. Language difficulties and the like, and I know part of the process, or at least I understand part of process is underway in Afghanistan, trying to make these kind of determinations, but we just saw that the Defense Department spokesman has said we're trying to make the evaluation of where they fit.

This is so unprecedented. This is essentially an international, trans-national terrorist organization that is essentially transcending any state. So, we're in an unprecedented area in terms of the laws of war and the like (ph), but I think that is going to simply complicate it.

Therefore, we've got to be a little bit patient in allowing the process to go through in an orderly way, and I think that they are trying to get these individuals to a place where security will be clear, and I think Guantanamo presents that opportunity and that advantage.

ZAHN: Yeah, Bob Franken from the Pentagon was giving us some of the details that the Pentagon has shared so far about how they will be treated, and then security, obviously, is of paramount concern, but once again, as we talk about the murkiness of this all, is the U.S. government limiting its options, as far as interrogation process goes, by bringing these detainees to Cuba?

STARR: I don't think so. I think if anything, this is providing the government with a more orderly opportunity to really make the assessment as to what these individuals are, on a case-by-case basis.

Remember, this is not a group determination. This is a determination as to each individual who comes into custody. That's going to take time, and you need a secure place, and while it is unprecedented, we're not in the business of taking individuals en masse into custody outside the confines of the United States, and outside the normal criminal justice system.

Guantanamo is the obvious logistical advantage, a place filled with logistical advantages, and I am confident that the government will take the necessary steps to make sure that these individuals are treated humanely.

ZAHN: Once again, not knowing exactly what their status will ultimately be, potentially what kind of trials are we talking about here?

STARR: Well, I think we are really are talking about military tribunals. If one thing is absolutely clear under the law, it is that these individuals do not enjoy legal protection under the laws and the Constitution of the United States.

I don't see anyone arguing that, if they do argue it, there is absolute Supreme Court authority to the contrary, and so it is now really a matter of discretion for the Defense Department.

ZAHN: Well, that was extremely helpful, Ken Starr, we'd love to have you come back and take us through the process as it becomes clearer how -- as to how these detainees slash, as what some would call prisoners, will be treated once they arrive here in Cuba. Thank you very much for your perspective this morning.

STARR: My pleasure. Thank you.

ZAHN: Take care.

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