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American Morning

Interview With Jose Padilla's Attorney Donna Newman

Aired June 24, 2003 - 09:34   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: As we reported earlier, there are now three enemy combatants held in the U.S. In a presidential order released yesterday, the president wrote -- I'm quoting now, "Ali Saleh Kahlah al-Marri engaged in conduct that constituted war-like acts, including conduct in preparation for acts of international terrorism. Mr. al-Marri represents a continuing, present and grave danger to the national security of the United States."
Al-Marri now is the third person, the latest person to be taken out of the criminal justice system and named an enemy combatant. Another, Jose Padilla, was designated that last year.

For more on this, the court-appointed lawyer for Jose Padilla's our guest now, Donna Newman here, in New York City. Good morning to you.

DONNA NEWMAN, ATTORNEY FOR JOSE PADILLA: Good morning, Bill.

HEMMER: Were you surprised about this action with al-Marri?

NEWMAN: Yes, I was. Because in fact it indicates the extension of authority that is not called for in the Constitution. The government has said they're doing this for preventive measures. In fact, if somebody is arrested and charged with a crime, and convicted, they're put away for life under the terrorism statute. I think that's pretty preventive. I don't think they're out in the community. So to say that it's preventive is just not accurate.

What is frightening, however, is what they did with Mr. Padilla when they do not have enough to bring charges, when they are fearful they cannot succeed in the criminal justice system, they place these individuals in a legal black hole which is void of rights. Why would they do that if they could see -- succeed in the criminal justice system, where in fact, if they have the goods, as they say, certainly, as we've seen in other cases, they do get convictions.

HEMMER: Now the other side if they sitting here would say, you know what? You can't prosecute this war unless you take action like this. It's a different component, it's a war on terror and no one should be afforded the opportunity to skirt the law if indeed they're trying to harm American citizens. Your response is then what?

NEWMAN: Nobody is asking that they skirt the law. In fact, we do have laws, we have very strict laws and they keep asking for more strict laws. We have what we need. The criminal justice system works. I believe in the system. I don't know why the executives now don't. I don't know that. It has worked all the time. And the action they are taking is not constitutional. There is nothing under the Constitution that permits the legal black hole that they have put Mr. Padilla and now this latest.

HEMMER: Your client is Padilla, your client is not al-Marri that we just put up on the screen a short time ago.

NEWMAN: That is correct.

HEMMER: What happens in the brig? What goes on in South Carolina when Jose Padilla goes down there? You mention a black hole. Is it that?

NEWMAN: Well, I think it's pretty analogous to that. I mean I don't know specifically because they won't tell us anything...

HEMMER: Well is it questioning? Is it interrogation? What is it?

NEWMAN: Well that's what they say. They say interrogation. It could be coercive interrogation. It could be duress. It could be torture. I don't know.

HEMMER: Why is it, Donna, that you have not seen your client? Court-appointed attorney you are, in more than a year.

NEWMAN: Because they won't let me. The court has said, Yes, she can go down there. But the government doesn't like that. So right away, now we're in the court of appeals. And now we have to wait for the 2nd Circuit to rule.

HEMMER: In the ten seconds we have left here, then, depending on what happens at a court ruling, what do you say to those that say, You know what, Donna, sorry, it's a question of national security.

NEWMAN: We have laws that protect national security. And national security does not trump the Bill of Rights, it does not trump the Constitution. It never has. We have had incidents like this.

HEMMER: Donna Newman, thanks for talking.

NEWMAN: Thank you.

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 June 24, 2003 - 09:34   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: As we reported earlier, there are now three enemy combatants held in the U.S. In a presidential order released yesterday, the president wrote -- I'm quoting now, "Ali Saleh Kahlah al-Marri engaged in conduct that constituted war-like acts, including conduct in preparation for acts of international terrorism. Mr. al-Marri represents a continuing, present and grave danger to the national security of the United States."
Al-Marri now is the third person, the latest person to be taken out of the criminal justice system and named an enemy combatant. Another, Jose Padilla, was designated that last year.

For more on this, the court-appointed lawyer for Jose Padilla's our guest now, Donna Newman here, in New York City. Good morning to you.

DONNA NEWMAN, ATTORNEY FOR JOSE PADILLA: Good morning, Bill.

HEMMER: Were you surprised about this action with al-Marri?

NEWMAN: Yes, I was. Because in fact it indicates the extension of authority that is not called for in the Constitution. The government has said they're doing this for preventive measures. In fact, if somebody is arrested and charged with a crime, and convicted, they're put away for life under the terrorism statute. I think that's pretty preventive. I don't think they're out in the community. So to say that it's preventive is just not accurate.

What is frightening, however, is what they did with Mr. Padilla when they do not have enough to bring charges, when they are fearful they cannot succeed in the criminal justice system, they place these individuals in a legal black hole which is void of rights. Why would they do that if they could see -- succeed in the criminal justice system, where in fact, if they have the goods, as they say, certainly, as we've seen in other cases, they do get convictions.

HEMMER: Now the other side if they sitting here would say, you know what? You can't prosecute this war unless you take action like this. It's a different component, it's a war on terror and no one should be afforded the opportunity to skirt the law if indeed they're trying to harm American citizens. Your response is then what?

NEWMAN: Nobody is asking that they skirt the law. In fact, we do have laws, we have very strict laws and they keep asking for more strict laws. We have what we need. The criminal justice system works. I believe in the system. I don't know why the executives now don't. I don't know that. It has worked all the time. And the action they are taking is not constitutional. There is nothing under the Constitution that permits the legal black hole that they have put Mr. Padilla and now this latest.

HEMMER: Your client is Padilla, your client is not al-Marri that we just put up on the screen a short time ago.

NEWMAN: That is correct.

HEMMER: What happens in the brig? What goes on in South Carolina when Jose Padilla goes down there? You mention a black hole. Is it that?

NEWMAN: Well, I think it's pretty analogous to that. I mean I don't know specifically because they won't tell us anything...

HEMMER: Well is it questioning? Is it interrogation? What is it?

NEWMAN: Well that's what they say. They say interrogation. It could be coercive interrogation. It could be duress. It could be torture. I don't know.

HEMMER: Why is it, Donna, that you have not seen your client? Court-appointed attorney you are, in more than a year.

NEWMAN: Because they won't let me. The court has said, Yes, she can go down there. But the government doesn't like that. So right away, now we're in the court of appeals. And now we have to wait for the 2nd Circuit to rule.

HEMMER: In the ten seconds we have left here, then, depending on what happens at a court ruling, what do you say to those that say, You know what, Donna, sorry, it's a question of national security.

NEWMAN: We have laws that protect national security. And national security does not trump the Bill of Rights, it does not trump the Constitution. It never has. We have had incidents like this.

HEMMER: Donna Newman, thanks for talking.

NEWMAN: Thank you.

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