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American Morning

American Taliban

Aired October 02, 2003 - 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: An American Taliban captured on the battlefield in Afghanistan is now being held at a U.S. military prison, a brig in Norfolk, Virginia. Yaser Hamdi, a U.S. citizen, is being denied access to his lawyer, so says his attorney, Frank Dunham. He says his client deserves his day in court and yesterday filed an appeal with the U.S. Supreme Court.
Frank Dunham is our guest now live in D.C. and he joins us on this topic.

Good morning, sir.

Thank you for your time today.

FRANK DUNHAM, YASER HAMDI'S ATTORNEY: How are you doing?

HEMMER: I'm doing OK.

You say it's unconstitutional for your client right now to be held in this manner without access to lawyers.

Why is that?

DUNHAM: Well, he's been held without being able to consult with his counsel. He hasn't had an opportunity to be informed of or even respond to the allegations that have been made against him and which form the basis for detaining him.

We're suggesting that under the traditional writ of habeas corpus he should be allowed to have counsel and should be able to address the allegations that have been made against him. We have, at this time we have no idea what he would say.

HEMMER: He was picked up in Afghanistan, right? He was held in Kandahar for several weeks before being brought over here to the U.S., correct?

DUNHAM: He was, we believe, picked up in Afghanistan, but, of course, we've never talked to him, so we don't really know.

HEMMER: Does that not, then, fit the definition that the government offers about an enemy combatant?

DUNHAM: It may fit a definition. It depends on what he was doing when they picked up him, where they picked him up. I mean -- and the problem, of course, is that he's being held entirely on the say so of the executive branch, without any opportunity for him to speak to whether or not what they are saying is correct about him.

HEMMER: Try and clarify this for us, then. What's the difference between your client's case now and the case of John Walker Lindh, who had his day in court?

DUNHAM: There is no difference. They're exactly the same. John Walker Lindh had access to counsel. His parents could visit him. He knew what the charges were against him. He had an opportunity to respond to them. They're, the two cases are exactly identical, but they're being treated completely differently.

HEMMER: Getting away from Walker Lindh for a second, it's my understanding your client was born in Louisiana. I believe he may have spent some time in Tennessee, perhaps not, but then later went to Saudi Arabia before going on to Afghanistan. His father in Saudi Arabia says he went on a relief mission in Afghanistan.

Is that accurate?

DUNHAM: That's what his father says. But, of course, I don't know whether that's what he says or not because I've never talked to the man. He very well could have been a Taliban soldier. My problem is is that he shouldn't be denied access to a lawyer and access to the charges against him and an ability to confront them in court.

HEMMER: Can I talk about another case while we have you here, Zacarias Moussaoui? The government...

DUNHAM: Well...

HEMMER: Well, what? Is that OK or not?

DUNHAM: Yes, go ahead.

HEMMER: OK. Listen, the government's trying to essentially have this case dropped. That may send it to a military tribunal. The issue is this, Zacarias Moussaoui and others want to interview several al Qaeda detainees. They have not been granted access. The government is fighting it. If he does not get access, is this the first case we'll see of a military tribunal related to Afghanistan?

DUNHAM: You know, I'm just the federal public defender in Alexandria. I try to defend the cases that are presented to me. I don't, I'm trying to defend the case in federal court. What the government might decide to do if they're unsuccessful in federal court is beyond my pay grade.

HEMMER: But is that meaning that your client, Zacarias Moussaoui, is out of options if that's the route it goes?

DUNHAM: Well, you know, I just don't know. I mean if you can do what they've done to Mr. Hamdi and simply declare him an enemy combatant and hold him forever without charge, trial or counsel, I suppose that Mr. Moussaoui could face a tough road even if the charges against him were ultimately dismissed.

HEMMER: I know you came in to talk about Hamdi, but I appreciate your patience in talking about Moussaoui, as well.

Frank Dunham, an attorney in D.C.

Thank you, sir.

DUNHAM: 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 October 2, 2003 - 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: An American Taliban captured on the battlefield in Afghanistan is now being held at a U.S. military prison, a brig in Norfolk, Virginia. Yaser Hamdi, a U.S. citizen, is being denied access to his lawyer, so says his attorney, Frank Dunham. He says his client deserves his day in court and yesterday filed an appeal with the U.S. Supreme Court.
Frank Dunham is our guest now live in D.C. and he joins us on this topic.

Good morning, sir.

Thank you for your time today.

FRANK DUNHAM, YASER HAMDI'S ATTORNEY: How are you doing?

HEMMER: I'm doing OK.

You say it's unconstitutional for your client right now to be held in this manner without access to lawyers.

Why is that?

DUNHAM: Well, he's been held without being able to consult with his counsel. He hasn't had an opportunity to be informed of or even respond to the allegations that have been made against him and which form the basis for detaining him.

We're suggesting that under the traditional writ of habeas corpus he should be allowed to have counsel and should be able to address the allegations that have been made against him. We have, at this time we have no idea what he would say.

HEMMER: He was picked up in Afghanistan, right? He was held in Kandahar for several weeks before being brought over here to the U.S., correct?

DUNHAM: He was, we believe, picked up in Afghanistan, but, of course, we've never talked to him, so we don't really know.

HEMMER: Does that not, then, fit the definition that the government offers about an enemy combatant?

DUNHAM: It may fit a definition. It depends on what he was doing when they picked up him, where they picked him up. I mean -- and the problem, of course, is that he's being held entirely on the say so of the executive branch, without any opportunity for him to speak to whether or not what they are saying is correct about him.

HEMMER: Try and clarify this for us, then. What's the difference between your client's case now and the case of John Walker Lindh, who had his day in court?

DUNHAM: There is no difference. They're exactly the same. John Walker Lindh had access to counsel. His parents could visit him. He knew what the charges were against him. He had an opportunity to respond to them. They're, the two cases are exactly identical, but they're being treated completely differently.

HEMMER: Getting away from Walker Lindh for a second, it's my understanding your client was born in Louisiana. I believe he may have spent some time in Tennessee, perhaps not, but then later went to Saudi Arabia before going on to Afghanistan. His father in Saudi Arabia says he went on a relief mission in Afghanistan.

Is that accurate?

DUNHAM: That's what his father says. But, of course, I don't know whether that's what he says or not because I've never talked to the man. He very well could have been a Taliban soldier. My problem is is that he shouldn't be denied access to a lawyer and access to the charges against him and an ability to confront them in court.

HEMMER: Can I talk about another case while we have you here, Zacarias Moussaoui? The government...

DUNHAM: Well...

HEMMER: Well, what? Is that OK or not?

DUNHAM: Yes, go ahead.

HEMMER: OK. Listen, the government's trying to essentially have this case dropped. That may send it to a military tribunal. The issue is this, Zacarias Moussaoui and others want to interview several al Qaeda detainees. They have not been granted access. The government is fighting it. If he does not get access, is this the first case we'll see of a military tribunal related to Afghanistan?

DUNHAM: You know, I'm just the federal public defender in Alexandria. I try to defend the cases that are presented to me. I don't, I'm trying to defend the case in federal court. What the government might decide to do if they're unsuccessful in federal court is beyond my pay grade.

HEMMER: But is that meaning that your client, Zacarias Moussaoui, is out of options if that's the route it goes?

DUNHAM: Well, you know, I just don't know. I mean if you can do what they've done to Mr. Hamdi and simply declare him an enemy combatant and hold him forever without charge, trial or counsel, I suppose that Mr. Moussaoui could face a tough road even if the charges against him were ultimately dismissed.

HEMMER: I know you came in to talk about Hamdi, but I appreciate your patience in talking about Moussaoui, as well.

Frank Dunham, an attorney in D.C.

Thank you, sir.

DUNHAM: 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