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CNN Live Today

Judge Orders Attorney for Second American Taliban

Aired May 29, 2002 - 12:53   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.
CAROL LIN, CNN ANCHOR: We are going to check in with national correspondent Bob Franken. He is outside of a courthouse in Norfolk, Virginia -- something about developments with the second American Taliban and his immediate fate -- Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: It's one of those incremental steps, Carol, but it has significant legal implications.

A judge, a federal judge here in Norfolk, Virginia, has ordered that Yaser Hamdi -- who, as you describe, is that second American Taliban who has been held at the brig at the Norfolk Naval Station since the 6th of April, April 6. Anyway, he ordered, A, that he get an attorney, and, B, that that attorney, within 72 hours -- that is to say, by Saturday -- be allowed to interview with him, not only that, but he be allowed to interview with him without the conversation being monitored or recorded.

Now, the significance of that is, is that the attorney general, John Ashcroft, had instituted a policy where all the conversations between attorneys and detainees would be recorded. That, of course, caused quite a bit of controversy. This judge, Robert Doumar, federal Judge Robert Doumar, has ordered that not be the case.

Now, this came after a vigorous argument from attorneys from the Justice Department, saying that, even though Yaser Hamdi -- who, of course, apparently, has U.S. citizenship -- even though he was brought to the United States, he is still a detainee, does not, as a result, have a right to an attorney. He is an enemy combatant, to use the term that the U.S. uses.

But the judge said that, under these circumstances and under the possibility that he could be ordered released later in June after a hearing, a habeas corpus hearing to determine whether they should even be holding him, that he needed an attorney; he had the right to attorney. As a matter of fact, the judge characterized the government's arguments as idiotic.

So, it was a very strong ruling. It's a ruling that has implications. Of course, it challenges the entire premise of the United States and its rights to determine who are enemy combatants. But I have to point out, this is a particularly unusual case, Carol, because, of course, there is a serious implication that he is a U.S. citizen because he was born in Louisiana, even though he was raised in Saudi Arabia -- Carol. LIN: Right. Right. Thank you very much, Bob Franken, reporting live out of Norfolk, Virginia, there -- obviously a question of whether Yaser Hamdi will enjoy all the rights of a U.S. citizen during this criminal proceeding.

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