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CNN Sunday Morning

Interview With Kendall Coffey

Aired August 24, 2003 - 07:10   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.


(BEGIN VIDEO CLIP)
JOHN ASHCROFT, U.S. ATTORNEY GENERAL: The Patriot Act did about three things. One, it took a number of authorities that we had against other kinds of criminal activities, say drugs and organized crime, and made those authorities available to fight against terror.

Number two, it gave us the ability to have the kind of technology against terror that would match the technology of the terrorists. So, that we could use digital surveillance techniques to surveil digital communications.

Number three, it took down the wall of separation between the CIA intelligence capacity of the country and the FBI, the law enforcement of the country, so information we learn in the intelligence world could be used to prevent additional terrorists attacks.

(END VIDEO CLIP)

JOHN VAUSE, CNN ANCHOR: Attorney General John Ashcroft is now touring the country promoting the Patriot Act, passed soon after the September 11 attacks. The law broadly expands the government's investigation power. Some Senate Republicans, though, want to expand those powers with what they call the Victory Act. Joining us now to discuss this touchy issue is Kendall Coffey, he's a legal analyst and a former U.S. attorney.

Kendall, if I could just start by asking you, why does the attorney general need to promote this act?

KENDALL COFFEY, LEGAL ANALYST, FMR U.S. ATTORNEY: Well, I think, first of all, they got a wake up call when over 300 members of Congress voted to support the so-called Otter (ph) Amendment, effectively repealing a portion of the Patriot Act that seemed to authorize searches and seizures without notification to the target of the search.

Beyond that, this is part of an ongoing and very profound debate within out country right now, the proper balance between security and individual liberties. The attorney general knows it is important not only to talk about the laws that have been passed but there are more legislative proposals to come and this will truly be an ongoing debate for some number of years, perhaps a major portion of the next decade.

VAUSE: Now you mentioned, just moments ago, the part of the act that was repealed, it is commonly referred to as "sneak & peek". Tell us a little bit about that.

COFFEY: Well, this is something that has not been in final form, resolved legislatively, but when 113 members of Congress, that are Republican, are basically objecting to some portion of the Patriot Act, obviously, it is something that the administration needs to address.

VAUSE: Just tell us about sneak & peek. Sneak & peak allows law enforcement officials to go into anyone's house and without telling them?

COFFEY: Well, to be fair, you have to get probable cause, you have to get a search warrant. And what the administration would say, I think with some justification, is that it really amounts to delayed notification, John. If they were to go into your house they'd have to have a judges authorization to do it.

They wouldn't have to tell you under the Patriot Act immediately. They could delay notification if it were found that notifying immediately might have some sort of adverse cause to the concerns of national security.

VAUSE: And some Republicans are trying to reintroduce sneak & peek in the Victory Act, the new son of Patriot Act, if you like, which they are introducing next month.

COFFEY: And that is going to continue to be part of the debate and it is important to emphasize that the Patriot Act, while it is the immediate focus of the discussion right now, is part of a range of very major constitutional issues that range from the so-called secret detentions following 9/11, to the issue of military tribunals, to the question of whether a U.S. citizen can be held as an enemy combatant without trial, without charges, without even access to a judge.

VAUSE: A lot of criticism too, also, about the racial profiling element of the Patriot Act. A lot of Arab and Muslim Americans say they are being victimized and that their civil liberties are being trampled on and that everything that this country stands for. Everything which they came here for is now being thrown away.

COFFEY: Well, I don't think the Patriot Act does adopt or embrace racial profiling. The concerns that have been addressed have arisen not from the Patriot Act per se, but because the administration, through the Justice Department, has questioned, they say voluntarily, a number of from particular countries, most all of those countries turned out to be Muslim countries.

But the Patriot Act itself I think was accurately described by Attorney General Ashcroft as somewhat more limited than the range of many other concerns that have included the detentions that we talked about, the questioning, the interviewing of largely as it turns out Muslim young men in a particular age group.

So there are many, many issues right now that we as a country are attempting to define, because we are defining our values, we're defining ourselves -- VAUSE: Very, very quickly, Kendall, I want to get to the Victory Act. There is some criticism that the Victory Act is basically more about controlling drug use and drugs, redefining controlled substance offenses as narco-terrorism and has very little to do with fighting terrorism. Is that a fair criticism?

COFFEY: I think the next round of legislation that you are describing is going to be much more controversial. And part of what's being done right now is addressing the concerns on Patriot Act, round one, because without those questions being resolved there is going to be a huge amount of congressional resistance to the next round, as you are describing it.

VAUSE: OK, Kendall Coffey, our legal analyst, former U.S. attorney general, thanks for joining us this morning on CNN and shedding some light onto this. Thank you.

COFFEY: Thanks, John.

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 August 24, 2003 - 07:10   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
JOHN ASHCROFT, U.S. ATTORNEY GENERAL: The Patriot Act did about three things. One, it took a number of authorities that we had against other kinds of criminal activities, say drugs and organized crime, and made those authorities available to fight against terror.

Number two, it gave us the ability to have the kind of technology against terror that would match the technology of the terrorists. So, that we could use digital surveillance techniques to surveil digital communications.

Number three, it took down the wall of separation between the CIA intelligence capacity of the country and the FBI, the law enforcement of the country, so information we learn in the intelligence world could be used to prevent additional terrorists attacks.

(END VIDEO CLIP)

JOHN VAUSE, CNN ANCHOR: Attorney General John Ashcroft is now touring the country promoting the Patriot Act, passed soon after the September 11 attacks. The law broadly expands the government's investigation power. Some Senate Republicans, though, want to expand those powers with what they call the Victory Act. Joining us now to discuss this touchy issue is Kendall Coffey, he's a legal analyst and a former U.S. attorney.

Kendall, if I could just start by asking you, why does the attorney general need to promote this act?

KENDALL COFFEY, LEGAL ANALYST, FMR U.S. ATTORNEY: Well, I think, first of all, they got a wake up call when over 300 members of Congress voted to support the so-called Otter (ph) Amendment, effectively repealing a portion of the Patriot Act that seemed to authorize searches and seizures without notification to the target of the search.

Beyond that, this is part of an ongoing and very profound debate within out country right now, the proper balance between security and individual liberties. The attorney general knows it is important not only to talk about the laws that have been passed but there are more legislative proposals to come and this will truly be an ongoing debate for some number of years, perhaps a major portion of the next decade.

VAUSE: Now you mentioned, just moments ago, the part of the act that was repealed, it is commonly referred to as "sneak & peek". Tell us a little bit about that.

COFFEY: Well, this is something that has not been in final form, resolved legislatively, but when 113 members of Congress, that are Republican, are basically objecting to some portion of the Patriot Act, obviously, it is something that the administration needs to address.

VAUSE: Just tell us about sneak & peek. Sneak & peak allows law enforcement officials to go into anyone's house and without telling them?

COFFEY: Well, to be fair, you have to get probable cause, you have to get a search warrant. And what the administration would say, I think with some justification, is that it really amounts to delayed notification, John. If they were to go into your house they'd have to have a judges authorization to do it.

They wouldn't have to tell you under the Patriot Act immediately. They could delay notification if it were found that notifying immediately might have some sort of adverse cause to the concerns of national security.

VAUSE: And some Republicans are trying to reintroduce sneak & peek in the Victory Act, the new son of Patriot Act, if you like, which they are introducing next month.

COFFEY: And that is going to continue to be part of the debate and it is important to emphasize that the Patriot Act, while it is the immediate focus of the discussion right now, is part of a range of very major constitutional issues that range from the so-called secret detentions following 9/11, to the issue of military tribunals, to the question of whether a U.S. citizen can be held as an enemy combatant without trial, without charges, without even access to a judge.

VAUSE: A lot of criticism too, also, about the racial profiling element of the Patriot Act. A lot of Arab and Muslim Americans say they are being victimized and that their civil liberties are being trampled on and that everything that this country stands for. Everything which they came here for is now being thrown away.

COFFEY: Well, I don't think the Patriot Act does adopt or embrace racial profiling. The concerns that have been addressed have arisen not from the Patriot Act per se, but because the administration, through the Justice Department, has questioned, they say voluntarily, a number of from particular countries, most all of those countries turned out to be Muslim countries.

But the Patriot Act itself I think was accurately described by Attorney General Ashcroft as somewhat more limited than the range of many other concerns that have included the detentions that we talked about, the questioning, the interviewing of largely as it turns out Muslim young men in a particular age group.

So there are many, many issues right now that we as a country are attempting to define, because we are defining our values, we're defining ourselves -- VAUSE: Very, very quickly, Kendall, I want to get to the Victory Act. There is some criticism that the Victory Act is basically more about controlling drug use and drugs, redefining controlled substance offenses as narco-terrorism and has very little to do with fighting terrorism. Is that a fair criticism?

COFFEY: I think the next round of legislation that you are describing is going to be much more controversial. And part of what's being done right now is addressing the concerns on Patriot Act, round one, because without those questions being resolved there is going to be a huge amount of congressional resistance to the next round, as you are describing it.

VAUSE: OK, Kendall Coffey, our legal analyst, former U.S. attorney general, thanks for joining us this morning on CNN and shedding some light onto this. Thank you.

COFFEY: Thanks, John.

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