Return to Transcripts main page

CNN Live At Daybreak

Critics Say Military Tribunal Order Endangers Constitution

Aired November 15, 2001 - 05:41   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.
CATHERINE CALLAWAY, CNN ANCHOR: President Bush's decision to have the option of trying terrorists in military court, rather than in criminal courtrooms, is drawing some mixed reactions. Critics say that if implemented, the plan would put the constitution at risk.

CNN national correspondent Eileen O'Connor now with more.

(BEGIN VIDEOTAPE)

EILEEN O'CONNOR, CNN NATIONAL CORRESPONDENT (voice-over): First up to defend the idea: the vice president. People who enter the U.S. illegally and commit terror, he said, are a different kind of combatant, not just a criminal.

DICK CHENEY, VICE PRESIDENT OF THE UNITED STATES: Now, they will a fair trial, but it will be under the procedures of the military tribunal, and the rules and regulations to be established in connection with that. We think it's the appropriate way to go.

O'CONNOR: That could mean proceedings held in secret, either here or abroad, with different rules on the admissibility on certain evidence. Administration officials say whether it will be used will depend on factors like the sensitivity of the methods used to collect evidence, the location of the person when apprehended, the threat posed by the accused being so great as to justify a faster process.

The attorney general says special times call for special circumstances.

JOHN ASHCROFT, ATTORNEY GENERAL: And foreign terrorists who commit war crimes against the United States, in my judgment, are not entitled to, and do not deserve, the protections of the American constitution.

O'CONNOR: The attorney general points out that a similar military commission was used by FDR in World War II, to try Germans accused of spying on U.S. soil. But defense attorneys say there is no excuse for stomping on the constitution.

STANLEY COHEN, DEFENSE ATTORNEY: While it would make it easier for the Bush administration, and while it would make it cheaper and quicker, it would dampen, and in fact, do significant danger to our constitution. O'CONNOR (on camera): Critics argue there is a better way: an international tribunal established by the United Nations. That way, they say, the United States would stand with all others in this fight for justice.

Eileen O'Connor, CNN, Washington.

(END VIDEOTAPE)

CALLAWAY: And we'll have much more on this controversy coming up in our next hour. We will talk with an expert about just how a military tribunal works, so stay with us for that.

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