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U.S. Prepares Legal System for Guantanamo Bay Detainees

Aired March 21, 2002 - 13:56   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.
BILL HEMMER, CNN ANCHOR: With us now live here in Washington, Major General Don Shepperd, retired from the U.S. Air Force. He is our guest right now to shake down a number of these issues. Good to see you in person again, Don. Absolute pleasure.

Let's start first on the Pentagon. Four-month review to put this report together. What were the chief concerns of the U.S. military as they went through this? We had the announcement back in the late fall. And now, the anticipated full announcement today.

RETIRED MAJOR GENERAL DON SHEPPERD, CNN MILITARY ANALYST: Yes. Several things were really important in laying out this whole system, if you will. First of all, the first thing was to get these people separated from military action and get them under control and confinement, if you will. Secondly was to gain intelligence from these people as they were being detained so that we could prevent other attacks and lay the basis and what have you. And then, third was to set up a legal system where they could be brought to justice. And that was very, very complicated. Lots of people from the international community, lots of people in this country watching to make sure that they were insured their rights, and then we had the international attention about improper treatment in Guantanamo, that type of thing. So it took a lot of time to put together the system that we are going to use to deal. And then -- and now we start dealing with them after these announcements are made.

HEMMER: Do you know right now, Don, do you know if the Pentagon went outside of its own military to go ahead and draft its conclusion today?

SHEPPERD: I'm certain that they got advice from all sorts of militaries and all sorts of state departments in many countries before they decided what to do. In essence, this is a military matter to be recommended to the president and decided by the president on how it is going to be handled. And he is going to be the final reviewing authority, at least that's what we are told now. So they had to get a lot of advice from a lot of people before they decided what to do today, Bill.

HEMMER: You mentioned the evidence, and I'm curious to know, I don't know if anyone has a firm answer on this right now, but part of the whole detainee and questioning process has been trying to ascertain more evidence. Do you know if they have been successful at all in this area? SHEPPERD: They've been very successful in obtaining a lot of evidence, but they have to correlate this evidence. They have to get evidence from other sources as well as the detainees, match this up, and then draw a story that's going to be brought in the legal cases and also use this evidence to prevent other attacks and go against cells in other countries, Bill. So it's been a very complex and trying process, if you will, taking a lot of time.

HEMMER: Yes, and also as we look at this and look toward the announcement as well, someone suggested it is going to be a pretty difficult thing to cross-examine evidence that's found on a piece of paper in a cave in eastern Afghanistan. I know you are not an attorney, but do you have any indication or any idea about how they go about that?

SHEPPERD: Yes. I think that's the reason that we're having military commissions, tribunals, if you will, as opposed to trials under the rules of evidence in the civilian system. This is a special circumstance in which the United States laws don't apply to these people. They are not U.S. citizens. They don't apply in certain cases overseas. The evidence was gathered from many places. And so, that's the reason for military commissions, where although you have a fair process, the rules that we normally apply are not applicable in this particular case.

So I think it's going to be really difficult. And in many of these cases, you may see in the end nobody tried under these commissions. They may be released back to their own countries, and in some cases, I think Guantanamo Bay and the U.S. justice system is going to look real good to the people when they get back home.

HEMMER: Again, anticipate that announcement any moment now from the Pentagon. We'll have that for you live when it does happen.

Let's talk about the war quickly. There is some talk right now, with the weather now improving, late March into April in eastern Afghanistan, that al Qaeda may try and regroup. How credible would you view that possibility and scenario?

SHEPPERD: Undoubtedly, that will happen and we are waiting for them. You cannot keep these people from regrouping, from going into Pakistan, coming back, going to weapons caches that they either bring with them or that they know are still hidden in some of these areas, and then launching guerrilla type attacks throughout Afghanistan. It is going to happen for sure.

Now, every time they mass, that provides targets for us. And the longer this goes on, the better able we are to cope with this, the better able the Afghans are. The idea is to get the Afghanistan justice -- police and the Afghan military able to handle these and keep these people out so you don't have foreign militaries in there do it.

HEMMER: Then what about this possibility: Some reports indicate the U.S. might right now be suggesting and looking for the possibility of going into Pakistan. I mean, we know the situation at Tora Bora. We understand that several got away, apparently in the area of Gardez. How likely is that and why hasn't it happened already?

SHEPPERD: It's very likely that we want to do that, and this will provide problems for Pakistan itself if U.S. operations take place in Pakistan, even in the tribal areas in the northwestern part of Pakistan where they don't have good government control over the Pakistan government. But General Musharraf and the Pakistan government will have to allow us to do this.

HEMMER: Do you think they'd be open to that?

SHEPPERD: My guess is they will be able to allow us to do it under certain circumstances, but the jury is still out on that, and that is going to be very dicey to work that politically.

HEMMER: Some would suggest though it might have made more sense to do this months ago. It seems logical, right?

SHEPPERD: Yes, lots of things that have made more sense months ago. But remember, we didn't have the forces there to do it. We were at the early stage in an operation very complicated, halfway around the world, didn't have a lot of troops there. So, sure, lots of things would have been great in hindsight if you had the troops and all the things set up. We are growing and learning as we do this...

HEMMER: Got it.

SHEPPERD: ... and for other places as well, not just Afghanistan.

(INTERRUPTED FOR LIVE EVENT)

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