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American Morning

Enemy of the State?

Aired February 04, 2004 - 09:17   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: He has been in U.S. custody more than two years and still not charged with a crime. Yaser Hambdi, a U.S. citizen, was captured while fighting for the Taliban in Afghanistan, and was declared an enemy combatant. The military says that it's finished interrogating him. And yesterday, for the first time, Hamdi was allowed to meet with lawyer.
Frank Dunham, a federal public defender from Virginia, is representing Hamdi. He's with us now from our studios in D.C.

Sir, good morning.

FRANK DUNHAM, ATTY. FOR YASER HAMDI: Good morning. How are you doing?

HEMMER: I'm doing just fine.

We talked before here on this program.

How was your meeting yesterday?

DUNHAM: It was fine. It was very positive, from my perspective.

HEMMER: Positive how?

DUNHAM: Well, you know, you've been representing somebody for over two years and you've never met them. You don't have a face. And the case begins to takes on almost a hypothetical tone. And by being able to see him, you know, it reminded you had a client, that he was flesh and blood, and that he was after all, a United States citizen being held indefinitely that needed your help.

HEMMER: Let's define that, American citizenship. I believe he left this country at a very young age. What are the facts on that, Mr. Dunham?

DUNHAM: Well, he was born here. That makes him a citizen, just like any of us. He's part of the body politic, and he has all the rights any U.S. citizen should have.

HEMMER: Were you given restrictions in your meeting yesterday?

DUNHAM: Oh, yes. It really wasn't what you would call access to counsel by any stretch of the imagination. The meeting was monitored. I had a Navy commander in the room. I had intelligence agents watching the room with a television camera remotely outside the cell. There were topics that I was not allowed to go into or the meeting would be terminated. So really, not much of substance was discussed or could be discussed.

HEMMER: Can you share the topics that were off the table with us?

DUNHAM: Well, off the table was anything I believe happened to him since the time he came into U.S. custody, because they didn't want me going into their, what they call sources and methods of gathering intelligence from detainees, so I did not inquire at all about those issues, and I instructed Mr. Hambdi not to try to inform me of any.

HEMMER: Let me try to get to some answers here. You object, you're protesting this, you're appealing this, whatever term is used in your case. On what grounds do you base that?

DUNHAM: Well, I'm not carrying placards on Pennsylvania Avenue. I am letting the military know that I don't think that the access they've given me is real access. And I'm dealing within the system. They're being very professional with me. But I have let them no, in no uncertain terms, that I think this man auto be able to meet with his lawyer without someone in the room, so that you can have attorney/client privilege, and that there should not be subject areas that are off limits to discussion with the client, because they're probably very relevant to the defense I'd like to put on for him if I am ever able to do that.

HEMMER: Two more things, if I could do quickly. We described as cooperating. How so?

DUNHAM: Cooperating with who? I don't understand the question.

HEMMER: Apparently he's been interrogated, he's answered questions. How much detail has he given?

DUNHAM: I have no idea. That's the kind of things off limits to me. I can't ask him that.

HEMMER: Then what about this one -- about 10 days ago, I think there were three released out of Guantanamo Bay? Would your client ever fit that category, based on the information we know about why these three returned to their home country?

DUNHAM: You know, again, because I haven't been able to ask him anything substantive, because I haven't been able to meet with him in an attorney-client privileged setting, you know, I can't answer those questions. And furthermore, anything he might have told me during the meeting is classified national security information that I'm not allowed to reveal.

HEMMER: At what point would you be able to talk about that and come join us?

DUNHAM: If they ever relax the requirement that limited what he could say, that he -- if they ever gave me an opportunity to talk with him alone, and also, if they ever removed the national security classification on the things that he says. I mean, even if he burps during the meeting, I'm not allowed to say that, because it's classified.

HEMMER: Frank Dunham, thanks, in D.C. We'll talk again.

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 February 4, 2004 - 09:17   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: He has been in U.S. custody more than two years and still not charged with a crime. Yaser Hambdi, a U.S. citizen, was captured while fighting for the Taliban in Afghanistan, and was declared an enemy combatant. The military says that it's finished interrogating him. And yesterday, for the first time, Hamdi was allowed to meet with lawyer.
Frank Dunham, a federal public defender from Virginia, is representing Hamdi. He's with us now from our studios in D.C.

Sir, good morning.

FRANK DUNHAM, ATTY. FOR YASER HAMDI: Good morning. How are you doing?

HEMMER: I'm doing just fine.

We talked before here on this program.

How was your meeting yesterday?

DUNHAM: It was fine. It was very positive, from my perspective.

HEMMER: Positive how?

DUNHAM: Well, you know, you've been representing somebody for over two years and you've never met them. You don't have a face. And the case begins to takes on almost a hypothetical tone. And by being able to see him, you know, it reminded you had a client, that he was flesh and blood, and that he was after all, a United States citizen being held indefinitely that needed your help.

HEMMER: Let's define that, American citizenship. I believe he left this country at a very young age. What are the facts on that, Mr. Dunham?

DUNHAM: Well, he was born here. That makes him a citizen, just like any of us. He's part of the body politic, and he has all the rights any U.S. citizen should have.

HEMMER: Were you given restrictions in your meeting yesterday?

DUNHAM: Oh, yes. It really wasn't what you would call access to counsel by any stretch of the imagination. The meeting was monitored. I had a Navy commander in the room. I had intelligence agents watching the room with a television camera remotely outside the cell. There were topics that I was not allowed to go into or the meeting would be terminated. So really, not much of substance was discussed or could be discussed.

HEMMER: Can you share the topics that were off the table with us?

DUNHAM: Well, off the table was anything I believe happened to him since the time he came into U.S. custody, because they didn't want me going into their, what they call sources and methods of gathering intelligence from detainees, so I did not inquire at all about those issues, and I instructed Mr. Hambdi not to try to inform me of any.

HEMMER: Let me try to get to some answers here. You object, you're protesting this, you're appealing this, whatever term is used in your case. On what grounds do you base that?

DUNHAM: Well, I'm not carrying placards on Pennsylvania Avenue. I am letting the military know that I don't think that the access they've given me is real access. And I'm dealing within the system. They're being very professional with me. But I have let them no, in no uncertain terms, that I think this man auto be able to meet with his lawyer without someone in the room, so that you can have attorney/client privilege, and that there should not be subject areas that are off limits to discussion with the client, because they're probably very relevant to the defense I'd like to put on for him if I am ever able to do that.

HEMMER: Two more things, if I could do quickly. We described as cooperating. How so?

DUNHAM: Cooperating with who? I don't understand the question.

HEMMER: Apparently he's been interrogated, he's answered questions. How much detail has he given?

DUNHAM: I have no idea. That's the kind of things off limits to me. I can't ask him that.

HEMMER: Then what about this one -- about 10 days ago, I think there were three released out of Guantanamo Bay? Would your client ever fit that category, based on the information we know about why these three returned to their home country?

DUNHAM: You know, again, because I haven't been able to ask him anything substantive, because I haven't been able to meet with him in an attorney-client privileged setting, you know, I can't answer those questions. And furthermore, anything he might have told me during the meeting is classified national security information that I'm not allowed to reveal.

HEMMER: At what point would you be able to talk about that and come join us?

DUNHAM: If they ever relax the requirement that limited what he could say, that he -- if they ever gave me an opportunity to talk with him alone, and also, if they ever removed the national security classification on the things that he says. I mean, even if he burps during the meeting, I'm not allowed to say that, because it's classified.

HEMMER: Frank Dunham, thanks, in D.C. We'll talk again.

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