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CNN Live At Daybreak

Padilla's Detainment Causing a Stir

Aired June 17, 2002 - 06:25   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 COSTELLO, CNN ANCHOR: In an exclusive report, this week's "TIME" magazine reports dirty bomb suspect, Jose Padilla, had more elaborate plans in mind. "TIME" says Padilla actually wanted to somehow set off a nuclear blast.

And as our veteran reporter Bruce Morton knows, Padilla's story makes great copy.

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BRUCE MORTON, CNN CORRESPONDENT (voice-over): The dirty bomb and bomber story which fascinated Washington this past week has more layers than an onion.

JOHN ASHCROFT, ATTORNEY GENERAL: We have captured a known terrorist who was exploring a plan to build and explode a radiological dispersion device, or dirty bomb, in the United States.

MORTON: Consider the first announcement, when Attorney General John Ashcroft nods at the Justice Department, but in Moscow on a special hookup. Why? They've had this guy, Jose Padilla, for a month. Why now, why Moscow?

Well, one explanation by some of the resident pundits here is that Ashcroft is a publicity hound and that the showboating would get him in trouble at the White House.

No, as a second explanation, the administration, as a whole, wanted to release this story because it would switch reporters' attention away from the stories about intelligence failures before the September 11 attacks.

White House Press Secretary Ari Fleischer said that was outlandish, coming from only the most cynical in Washington. But there may be more of those than he thinks.

Then there was what you might call the trade craft criticism. If there's a conspiracy, why pick the guy up? Why not keep him under surveillance until you can nab the other conspirators too?

Then there's the U.S. Constitution. Padilla is an American citizen. That should mean you have to go before a judge and charge him with something in order to keep him in custody. But he hasn't been charged with anything. As far as we know, he never actually started work on a bomb, never bought so much as a roll of duct tape.

Conspiracy is a crime, but the government hasn't produced any conspirators. The president said...

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Padilla is a bad guy and he is where he needs to be: detained.

MORTON: And that may be so, but you're supposed to do more than that. Padilla's lawyer notes that Padilla is still a citizen with constitutional rights. The government, according to congressional sources in a "Washington Post" story says no. It can hold Padilla indefinitely without charging him with anything until the war on terror is over. It's a proper defensive measure, they say.

But if the U.S. can do that with citizen Padilla or with another American, Yaser Esam Hamdi, who is also being held without being charged, then it can do that with any of us: you, me, your white haired grandmother, anybody. And the Constitution, that wonderful document that lets us live free, will be in trouble.

In New York, Padilla's lawyer has asked a federal judge to order Padilla's release, and he's given the government until the 21st to respond. And cynicism about what the government is up to, that goes way back. Monday is the 30th anniversary of the Watergate burglary.

I'm Bruce Morton.

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