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CNN Live At Daybreak
'Legal Grounds,' Morning Coffey
Aired September 16, 2002 - 06:33 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: As we told you before, the FBI has now arrested a sixth man of Yemeni descent in the Buffalo terror cell investigation. A Muslim community leader tells CNN the man's name Mokhtar Al-Bakri. The other five men were charged Saturday with providing material support to al Qaeda.
A U.S. attorney for Western New York had this to say about the investigation.
(BEGIN VIDEO CLIP)
MICHAEL BATTLE, U.S. ATTORNEY: What we do know is that they trained in a camp, and that that camp was run by al Qaeda trainers, and that they were trained in certain military operations. What it was that they have been waiting to or waiting for, we can't comment on at this particular time.
(END VIDEO CLIP)
COSTELLO: Government officials describe the men as low-level operatives, who have been under investigation since before the 9/11 attacks.
And the arrest of these suspected terrorists brings up some serious legal issues, and that's the subject we'll start with in this morning's "Legal Grounds" segment with legal analyst, Kendall Coffey.
Kendall joins us live by phone from Miami to talk about what's on the court docket in the hole (ph) this week.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: So, these six guys in Buffalo, police aren't alleging -- authorities aren't alleging that they actually participated in any terrorist attacks. So, what charges might they be facing?
COFFEY: Well, if you look at the indictment of John Walker Lindh, it gives you a little bit of a road map on some of the charges. Up until now, there's been a criminal complaint charging providing material support and resources to foreign terrorist organizations. That means personnel. That means actually training and contributing personnel services.
Additionally, Walker Lindh was charged with contributing services to al Qaeda under a federal regulation. So, if and when an indictment is returned, which seems probable, you could expect at least those charges, plus conspiracy counts on providing resources and contributing services to al Qaeda.
COSTELLO: Kendall, what about treason? Could they be charged with treason, since they are U.S. citizens?
COFFEY: Well, theoretically, that's an intriguing question, because the standard is adhering to our enemies and giving them aid and comfort. The charge was not brought in the Walker Lindh case, and part of the reason is our Founding Fathers didn't like treason. It used to be anything under merry, old England from stealing cattle to dissing the king. So, they made it difficult and put in provisions in the United States Constitution.
Treason charges have been relatively rare, but obviously, there are still a lot of questions about this apparent sleeper cell near Buffalo, so matters are going to be developing, and there are no clear answers yet on all of the charges that might be brought.
COSTELLO: Gotcha. Let's talk about Ramzi Binalshibh, the former roommate of Mohamed Atta. He's in custody now in Pakistan. What do you think is the likely scenario for his interrogation?
COFFEY: Well, he's being apparently jointly questioned and examined by Pakistani and military intelligence. Obviously, people that are bent on potential suicide are the toughest possible suspects to question. So, they're going to be holding him and questioning him as aggressively as possible, hoping something will bring loose, and certainly don't expect anyone to be giving him Miranda warnings.
COSTELLO: Of course, we are hearing about who wants to extradite this guy. Germany had wanted to, but it doesn't anymore. The United States does want to extradite Binalshibh. Do you think that he'll face charges if he is extradited? Will he face charges in federal court or before a military tribunal?
COFFEY: I think he's a prime candidate for a military tribunal, Carol, because there are so many things that involve national security with this guy. He is front and center one of the most important people that we have arrested since September 11.
And while I think in the short term, the entire emphasis is going to be on questioning and getting information about future terrorism, at some point, when it's time to think about charges, rather than go through the open processes with a lot of discovery and a lot of potential exposure to national security information that you might have in a civilian court, a military tribunal might be something they seriously consider here.
COSTELLO: All right, Kendall Coffey, thanks for making things more clear for us this morning, and we'll check back with you next Monday.
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