Return to Transcripts main page
American Morning
Legal Troubles Ahead for Army Chaplain Detained for Suspected Espionage
Aired September 22, 2003 - 07:14 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.
SOLEDAD O'BRIEN, CNN ANCHOR: Let's go right to CNN's legal analyst Jeffrey Toobin. Good morning.
First of all, he hasn't been charged. Let's say he is charged. Specifically what would he be facing?
JEFFREY TOOBIN, CNN LEGAL ANALYST: There are various possibilities. Espionage is one possibility because you don't have to be a member of the military to engage in espionage. Anyone who helps an enemy of a country, anyone who helps give secret information to one of our adversaries, that could be espionage.
He's in a potentially worse situation because he could be charged with treason as a member of a military helping another country or another entity overthrow or injure the United States which is an extremely rare but a very serious charge.
O'BRIEN: As Barbara mentioned, some of the information as a cleric, how does this complicate things? Would it be admissible in court anyway?
TOOBIN: Well you know I have to say I don't think the answer to that is clear at this point. Many clergy people in dealing with their parishioners have a privilege, the most famous in Catholic -- the privilege of the confession.
But here in the military, it really hasn't come up very often, what is admissible from a chaplain's conversations with people he's ministering to. It's a little different there because they're expected to treat or counsel people of different religions although he's mostly counseling Muslims here, it's hard to know.
It certainly would be a complex legal issue that would be highly relevant in prosecution of him.
O'BRIEN: There's lots of ifs and mights. If he may have been aiding, they -- he may have been carrying classified information. Why do you think -- give me a guess on this. Why do you think this information would be leaked? He's been held now for almost a couple of weeks.
TOOBIN: I never know why things are leaked and why they aren't. And often I think it's just happenstance. Things leak out that are not intended to leak out. They can't hold him forever without pressing charges. It's been 11 days now. I think certainly they're going to have to put up or shut up. At some point it's a very difficult situation. And really very interesting.
O'BRIEN: Interesting to see where it goes. Jeff Toobin, thanks 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
Suspected Espionage>
Aired September 22, 2003 - 07:14 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Let's go right to CNN's legal analyst Jeffrey Toobin. Good morning.
First of all, he hasn't been charged. Let's say he is charged. Specifically what would he be facing?
JEFFREY TOOBIN, CNN LEGAL ANALYST: There are various possibilities. Espionage is one possibility because you don't have to be a member of the military to engage in espionage. Anyone who helps an enemy of a country, anyone who helps give secret information to one of our adversaries, that could be espionage.
He's in a potentially worse situation because he could be charged with treason as a member of a military helping another country or another entity overthrow or injure the United States which is an extremely rare but a very serious charge.
O'BRIEN: As Barbara mentioned, some of the information as a cleric, how does this complicate things? Would it be admissible in court anyway?
TOOBIN: Well you know I have to say I don't think the answer to that is clear at this point. Many clergy people in dealing with their parishioners have a privilege, the most famous in Catholic -- the privilege of the confession.
But here in the military, it really hasn't come up very often, what is admissible from a chaplain's conversations with people he's ministering to. It's a little different there because they're expected to treat or counsel people of different religions although he's mostly counseling Muslims here, it's hard to know.
It certainly would be a complex legal issue that would be highly relevant in prosecution of him.
O'BRIEN: There's lots of ifs and mights. If he may have been aiding, they -- he may have been carrying classified information. Why do you think -- give me a guess on this. Why do you think this information would be leaked? He's been held now for almost a couple of weeks.
TOOBIN: I never know why things are leaked and why they aren't. And often I think it's just happenstance. Things leak out that are not intended to leak out. They can't hold him forever without pressing charges. It's been 11 days now. I think certainly they're going to have to put up or shut up. At some point it's a very difficult situation. And really very interesting.
O'BRIEN: Interesting to see where it goes. Jeff Toobin, thanks 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
Suspected Espionage>
