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American Morning

Held But Not Charged

Aired January 14, 2004 - 08:16   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: In the weeks after 9/11, hundreds of people were swept up by government agents and detained. On Monday, the Supreme Court let stand a ruling that allowed the government to keep the identities of detainees secret, as well as the circumstances of their arrest.
Akil Sachdeva was held for four months without due process, now part of a large class action lawsuit suing the attorney general, among others, claiming mistreatment.

Mr. Sachdeva is in Toronto this morning.

Akil, good morning to you.

AKIL SACHDEVA: Good morning.

HEMMER: Also, Nancy Chang, attorney for the Center for the Constitutional Rights, our guest here in New York City.

Nancy, nice to see you, as well.

NANCY CHANG, CENTER FOR CONSTITUTIONAL RIGHTS: Good morning, Bill.

HEMMER: We want to start with Akil in this interview here.

Tell me about the mistreatment you claim at Passaic County Jail in New Jersey.

SACHDEVA: Bill, I was locked in for a period of four months in that facility and for the first probably 10 days, we were not given anything, not even toothbrushes. And in my small room, there were 43 inmates with one washroom. And, you know, they were just, people, if it was an immigration violation, I was kept with like inmates who have done triple murders and drug charges.

HEMMER: Akil, what the government says is that you violated a voluntary departure order.

Is that a fact?

SACHDEVA: No, that's not a fact...

HEMMER: Did they tell you to leave at a certain date and you didn't?

SACHDEVA: No. It never happened to me before. HEMMER: What do you want from your lawsuit, Akil?

SACHDEVA: Well, I just want the government to recognize the fact that, you know, whatever they did was wrong and it shouldn't happen. It shouldn't happen to any other more people being detained there for no reason.

HEMMER: Yes, Nancy, the Supreme Court issued a ruling yesterday.

What's the impact on your case given the high court's decision?

CHANG: Well, the case yesterday dealt with freedom of information, are we going to know who these individuals are and who their attorneys are? Our lawsuit goes to the constitutionality of the practices that were put in place after 9/11. In essence, after 9/11, the government imposed a presumption until shown innocent policy, turned the constitution on its head.

What we had was people like Mr. Sachdeva who had nothing to do with terrorism whatsoever were picked up in a frenzy after 9/11, largely based on profiling. Their religion, their ethnicity, their brown skin was what was taken into account. If they had an immigration violation or could be accused of one, they were tossed in jail and left there under secretive conditions, which were compounded by the fact that they had trouble getting in contact with attorneys.

HEMMER: What the court's saying, they're agreeing with the White House on this, the administration is saying if you give away certain information, it helps and aids the enemy.

What's wrong with that?

CHANG: This information that was sought in this lawsuit is very basic information -- the names of the individuals, their attorneys. This information has been public for the entire history of the United States. Police blotters have always been made public. The power of the government to arrest people is one of its most awesome powers. The press and the people have to know who's in there to curb against abuses. And, in fact, a great deal of abuses did take place, as the Department of Justice's own inspector general has shown in a recent report.

HEMMER: Nancy, let me go back to Akil quickly, in the short time we have left here, OK?

CHANG: Sure.

HEMMER: Apparently some of your possessions, I believe it's furniture and two vehicles, have not been returned to you.

If you get those possessions back, would you be settled?

SACHDEVA: Well, no. I really need an apology from the government of the United States and yes, I'm looking forward for my belongings and more of the fact I need them to understand that whatever they did was wrong and this shouldn't be repeated in the future with any other individual.

HEMMER: Ever been back to the U.S. since then, Akil?

SACHDEVA: No.

HEMMER: Would you like to?

SACHDEVA: I don't think so.

HEMMER: Akil Sachdeva there in Toronto.

Nancy, thanks to you.

CHANG: Thank you.

HEMMER: Nancy Chang here in New York City.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com







Aired January 14, 2004 - 08:16   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: In the weeks after 9/11, hundreds of people were swept up by government agents and detained. On Monday, the Supreme Court let stand a ruling that allowed the government to keep the identities of detainees secret, as well as the circumstances of their arrest.
Akil Sachdeva was held for four months without due process, now part of a large class action lawsuit suing the attorney general, among others, claiming mistreatment.

Mr. Sachdeva is in Toronto this morning.

Akil, good morning to you.

AKIL SACHDEVA: Good morning.

HEMMER: Also, Nancy Chang, attorney for the Center for the Constitutional Rights, our guest here in New York City.

Nancy, nice to see you, as well.

NANCY CHANG, CENTER FOR CONSTITUTIONAL RIGHTS: Good morning, Bill.

HEMMER: We want to start with Akil in this interview here.

Tell me about the mistreatment you claim at Passaic County Jail in New Jersey.

SACHDEVA: Bill, I was locked in for a period of four months in that facility and for the first probably 10 days, we were not given anything, not even toothbrushes. And in my small room, there were 43 inmates with one washroom. And, you know, they were just, people, if it was an immigration violation, I was kept with like inmates who have done triple murders and drug charges.

HEMMER: Akil, what the government says is that you violated a voluntary departure order.

Is that a fact?

SACHDEVA: No, that's not a fact...

HEMMER: Did they tell you to leave at a certain date and you didn't?

SACHDEVA: No. It never happened to me before. HEMMER: What do you want from your lawsuit, Akil?

SACHDEVA: Well, I just want the government to recognize the fact that, you know, whatever they did was wrong and it shouldn't happen. It shouldn't happen to any other more people being detained there for no reason.

HEMMER: Yes, Nancy, the Supreme Court issued a ruling yesterday.

What's the impact on your case given the high court's decision?

CHANG: Well, the case yesterday dealt with freedom of information, are we going to know who these individuals are and who their attorneys are? Our lawsuit goes to the constitutionality of the practices that were put in place after 9/11. In essence, after 9/11, the government imposed a presumption until shown innocent policy, turned the constitution on its head.

What we had was people like Mr. Sachdeva who had nothing to do with terrorism whatsoever were picked up in a frenzy after 9/11, largely based on profiling. Their religion, their ethnicity, their brown skin was what was taken into account. If they had an immigration violation or could be accused of one, they were tossed in jail and left there under secretive conditions, which were compounded by the fact that they had trouble getting in contact with attorneys.

HEMMER: What the court's saying, they're agreeing with the White House on this, the administration is saying if you give away certain information, it helps and aids the enemy.

What's wrong with that?

CHANG: This information that was sought in this lawsuit is very basic information -- the names of the individuals, their attorneys. This information has been public for the entire history of the United States. Police blotters have always been made public. The power of the government to arrest people is one of its most awesome powers. The press and the people have to know who's in there to curb against abuses. And, in fact, a great deal of abuses did take place, as the Department of Justice's own inspector general has shown in a recent report.

HEMMER: Nancy, let me go back to Akil quickly, in the short time we have left here, OK?

CHANG: Sure.

HEMMER: Apparently some of your possessions, I believe it's furniture and two vehicles, have not been returned to you.

If you get those possessions back, would you be settled?

SACHDEVA: Well, no. I really need an apology from the government of the United States and yes, I'm looking forward for my belongings and more of the fact I need them to understand that whatever they did was wrong and this shouldn't be repeated in the future with any other individual.

HEMMER: Ever been back to the U.S. since then, Akil?

SACHDEVA: No.

HEMMER: Would you like to?

SACHDEVA: I don't think so.

HEMMER: Akil Sachdeva there in Toronto.

Nancy, thanks to you.

CHANG: Thank you.

HEMMER: Nancy Chang here in New York City.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com