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Your World Today
U.S. Supreme Court Delivers Blow to Guantanamo; Israel Presses Ahead With Gaza Incursion; Women in Kuwait Voting, Running for Office
Aired June 29, 2006 - 12:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
JIM CLANCY, CNN INTERNATIONAL ANCHOR: A handshake and a quip. Prime Minister Junichiro Koizumi, alongside U.S. President George W. Bush.
A lot of talk, of course, about North Korea. These two men concerned about a missile program, a nuclear program, and more. But this was a press briefing that was clearly, clearly completely dominated by U.S. issues that affect the entire world.
Hello, everyone. I'm Jim Clancy at the CNN Center.
HALA GORANI, CNN INTERNATIONAL ANCHOR: I'm Hala Gorani.
And we will be talking, of course, about that Supreme Court ruling which George W. Bush there commented on at that joint news conference.
CLANCY: The highest court in the United States has delivered a major blow to the Bush administration. The president, minutes ago, was questioned again and again about it. He was very matter of fact as he replied, saying other solutions would be searched out.
This is a case that's really been closely watched all around the world.
GORANI: Now, the way it's handled, legal reviews of terrorism suspects being held at Guantanamo Bay was the major issue there in that Supreme Court ruling, Jim. George W. Bush saying he will take seriously the ruling and will work with Congress to find ways to try some of these terrorism suspects before military tribunals.
CLANCY: Now, this court ruling really dealt with the case of one prisoner, Osama bin Laden's former driver. But the case went far beyond that. The ruling from a divided court has a bearing on many other detainees there as well.
GORANI: And the tribunals the administration has established. It also goes beyond that, though, when you look at it to questions about executive powers and about legislative powers.
CLANCY: And then we heard the president talking very briefly about that, saying that he might go to the Congress, perhaps a new law would solve this. Legal experts, as he said, are already poring over that Supreme Court document that, in his words, he is going to take seriously. He has no choice. We're going have extensive coverage about this, including an interview with the prisoner's attorney, Osama bin Laden's driver's attorney, who argued before the Supreme Court coming up in just a matter of minutes.
We're going to begin our coverage, though, at the Supreme Court and at the Pentagon. We are joined by Jamie McIntyre, our Pentagon correspondent. We're going to get some reaction there in just a moment, but first let's talk with Bob Franken. He joins us from the Supreme Court.
Bob, what is being really called a momentous upset for the Bush administration right now, but President Bush doesn't seem to be too flapped about it. What did the court really tell the administration today?
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Well, when the president says that the Congress and the administration will have to come up with some way to comply with the ruling by the Supreme Court, the justices, and the ruling that prevailed, came up with a way. That is to say, to follow the dictates of the Geneva Conventions.
The Geneva Conventions, a long-held protocol that is there to protect the rights of prisoners of war. The administration has long claimed that these are not POWs held elsewhere and at Guantanamo Bay, they are enemy combatants, so Geneva does not apply.
The Supreme Court said that in the case of tribunals, or commissions, or trials, there are only really two avenues, either the Geneva Convention way, which is to have the rules of courts-martial, the Uniform Code of Military Justice in the United States, or the civil court system. The administration has always said that the president has inherent power to appoint these military commissions, but the justices said the fundamental rules of evidence, the legal rights both of the United States courts and international law were not followed.
Now, the man who, for so long, was a voice in the wilderness was the military attorney for the single defendant in this case, Salim Ahmed Hamdan, who was alleged to have been a driver for Osama bin Laden. He agrees that the next step is up to the president.
(BEGIN VIDEO CLIP)
LT. COMMANDER CHARLES SWIFT, LAWYER FOR SALIM AHMED HAMDAN: Well, the president, I think, has laid out the path in speeches right before this decision, saying that he's committed -- and we're heartened to hear that on behalf of my client and myself -- to holding fair trials. He was looking for the Supreme Court to give him guidance. Well, they've done that here today, and we're ready to defend him. I've always been ready to defend him in a fair trial.
(END VIDEO CLIP)
FRANKEN: What this ruling does not do is to in any way answer questions about whether Guantanamo -- the justices went out of their way saying they were not saying whether or not detainees could be held for an indefinite period of time, were not saying that Guantanamo Bay must open or stay closed.
The president has said that after this ruling he would make some decisions about Guantanamo Bay because it is something that has always become in the international community such an eyesore for the U.S. There are some hard decisions ahead, but the Supreme Court made one of them today -- Jim.
CLANCY: All right. Bob Franken there at the Supreme Court.
Stand by just for a minute.
Let's listen for a moment at what President Bush had to say just minutes ago.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: But we will conform to the Supreme Court. We will analyze the decision. To the extent that the Congress has given any latitude to develop a way forward using military tribunals, we will work with them.
As I understand, a senator has already been on TV. I haven't seen it, I haven't heard what he said, but they briefed me and said he wants to devise law in conforming with the case that would enable us to use a military tribunal to hold these people to account. And if that's the case, we'll work with him.
(END VIDEO CLIP)
CLANCY: All right. "We'll work with him."
Let's go over to the Pentagon now and our correspondent there, Jamie McIntyre.
Jamie, what has been the reaction -- and just for our international audience, a lot of people wondering, what is this going mean for those hundreds of people detained in Guantanamo? Has anything really changed for them today?
JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT: Well, in a way, what it means is they're going to remain in limbo even longer, because the Bush administration felt that this military commission process was the way ahead to start processing some of these cases to give them "their day in court."
I can tell you that the Pentagon was planning some briefings for this afternoon based on what they thought was going to be the assumption that the Supreme Court would uphold the Bush administration and the president's authority to set up these military commissions, which the Pentagon has argued all along were, although different from the civilian court system, were still a fair way to adjudicate the cases of these detainees who they would go out of their way of saying are enemy combatants, not prisoners of war. But now, lawyers here at the Pentagon, also at the Justice Department, are poring over the court decision, trying to figure out exactly what it means in terms of their way ahead. What it doesn't mean is that Guantanamo is anywhere close to being closed.
You know, the Bush administration does want to close the detention facility at Guantanamo Bay, but it's almost like saying that the Bush administration wants to withdraw U.S. troops from Iraq. The question is when and how. And at this point, this puts them a step back from that process and really leaves the 450 detainees at Guantanamo in just as much limbo as they've ever been, uncertain about what's going to happen to them.
CLANCY: Jamie McIntyre at the Pentagon.
Bob Franken, a final thought from you from there at the Supreme Court.
FRANKEN: If you listen very closely to what the president is saying, you get a clue about administration strategy. In this Supreme Court decision are the words, "The military commission at issue is not expressly authorized by any congressional act."
Now, implicit in that is a suggestion that perhaps Congress can come up with one that will expressly authorize these commissions and that would comply with the Geneva Convention. That seems to be the message from the president. They're going go back to the Congress. This has become a huge political issue -- Jim.
CLANCY: A momentous day at the Supreme Court. Our Bob Franken was there.
GORANI: All right. Let's bring you a little bit of background there regarding Guantanamo Bay to put things into context.
Now, that prison camp has been open since January of 2002. It currently holds about 450 detainees. At its peak it held more than 750 prisoners.
CLANCY: Now, most of the prisoners, we should note, have been held for years without any charges, without any legal recourse. Now, that's also the case for hundreds of people who are imprisoned and then later just released without ever being charged with a crime.
GORANI: The Bush administration has argued that the prisoners are "enemy combatants," and as such, have none of the rights of conventional prisoners of war.
CLANCY: But international pressure for the United States to shut down the controversial Camp Delta at Guantanamo has been steadily growing.
GORANI: Well, this decision is not at all what the White House hoped to see the justices return. Let's get more on that Supreme Court ruling and break it down with our CNN senior legal analyst, Jeffrey Toobin. Thanks for being with us.
There's no timeline here. This is a ruling that came down saying these military commissions are not the way forward, but aren't establishing any kind of deadline for the executive branch to come up with an alternative.
Is that correct?
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: That's right. And there's an irony here, which is that this case, which the prisoners at Guantanamo, one, might actually wind up extending how long they are there and extending their legal uncertainty, because the core of the ruling today is that the justices said the current procedures in place are no good. So the Bush administration now has to go through the extremely difficult and controversial practice of starting the rules again, of writing new rules again, and then have those rules tested in court. And that could take years.
GORANI: Now, what is the likely way forward? President Bush there saying that he's going to work with Congress to find a way to try these detainees, still in front of military tribunals. Is it possible that they might end up in the U.S. court system? What's the most likely scenario?
TOOBIN: Well, I think there will be different solutions for different prisoners depending on the nature of their crimes, if they committed any crimes, and the nature of the evidence that 's been collected against them. Some of them may be brought into the criminal justice system and be treated like American prisoners and have a trial in the United States. Some may be tried in a court-martial.
Some may be returned to the country where they were found. Some may be returned to the country of their citizenship.
For others, it does look like the administration will pursue revising this enemy combatant procedure, the tribunals, the commissions that the court struck down today. But that's going to a be a long process.
GORANI: Normally federal courts support the executive in times of war, correct? Why was it different this time, do you think?
TOOBIN: Well, you know, historically, the courts have been very deferential towards the presidents in times of war. But I think this is an unusual time. It is not a conventional war time.
This is not a war with clear battlefields, clear battle lines, a clear beginning and end. And the court has been somewhat suspicious of the Bush administration's attempt to create new structures.
This is the second ruling where the Bush administration has lost in the U.S. Supreme Court on a very similar issue. In 2003, the Bush administration went to the Supreme Court and said, you know, these people in Guantanamo and these enemy combatants, they don't have a right to the American judicial system at all. That was rejected. Now they've been rejected again.
GORANI: All right. CNN Senior Legal Analyst Jeffrey Toobin, thanks very much.
Well, this decision the subject of our "Question of the Day" today.
CLANCY: Time for you to weigh in. We're asking for your thoughts on how the U.S. has handled the issue.
GORANI: The question: Should enemy combatants be tried in military tribunals?
CLANCY: E-mail us your thoughts at YWT@CNN.com. We're going to be reading some of your thoughts a little bit later right here on YOUR WORLD TODAY.
We're going to take a break. We'll be back with the latest from Gaza.
GORANI: Stay with us.
(COMMERCIAL BREAK)
GORANI: A warm welcome back.
CLANCY: You're watching YOUR WORLD TODAY, where we bring you CNN international and U.S. viewers up to speed on the most important international stories of the day.
GORANI: All right.
And one of those stories that deepening crisis in the Middle East as Israel fights on two fronts against those it holds responsible for the kidnapping of one of its soldiers.
CLANCY: A lot of facets to the story this day. Troops pressing ahead with a military offensive in Gaza, pausing, if you will. They're also rounding up scores of Hamas politicians and lawmakers on the West Bank.
GORANI: Some 60 Hamas officials were arrested overnight, including about a third of the entire Hamas cabinet. Palestinians accuse Israel of trying to topple their leadership.
CLANCY: Israeli media report that the defense minister has approved further military action in Gaza. No details coming out about that.
GORANI: Now, adding to all the tension, the body of a kidnapped Jewish settler was discovered near Ramallah.
CLANCY: All right. Let's get a closer look now, what is going on the ground on Gaza? The Hamas-led government warns there could soon be epidemics and health disasters after the Israeli strikes knocked out power and water supplies for hundreds of thousands of people.
John Vause is there. He has the latest for us
John, what are you seeing there today?
JOHN VAUSE, CNN CORRESPONDENT: Well, Jim, Israel continues to fire artillery rounds. It seems to be concentrated in the northern part of the Gaza Strip.
Israel targeting open fields being used by Palestinian militants to fire rockets from Gaza into Israel. Also, Israeli tanks and troops have moved into that area as well. Israel has distributed leaflets to the residents there warning them to stay indoors, which is an indication of possible pending military action in that part of Gaza.
Also, here in Gaza City today, an Israeli airstrike targeted a militant from Islamic Jihad. He escaped, but Palestinian sources say two boys were hurt in the blast -- Jim.
CLANCY: John, on the broader front, what has been the reaction to those scores of arrests of Hamas lawmakers and other officials?
VAUSE: Well, we now have a situation with so many Hamas cabinet ministers being rounded up and detained by Israel that essentially this Hamas-led Palestinian government really is a government in all but name. It is having a great deal of difficulty functioning, and many Palestinians say that is just the point.
These arrests or detentions are specifically aimed at bringing down the Palestinian Authority. And a spokesperson for the Palestinian president, Mahmoud Abbas, says these arrests and the military action will only escalate this crisis.
(BEGIN VIDEO CLIP)
NABIL ABU RDENEH, SPOKESMAN FOR MAHMOUD ABBAS: The military escalation which is continuing for the third day is an unacceptable act from the Israeli government because it's going to deteriorate the situation. So far, the Israelis are attacking Gaza and the West Bank, and arresting ministers, parliamentarians.
These acts are not going to safeguard the life of the prisoner or the abducted soldier. We hope that the Israelis will restrain so that President Abbas can continue his efforts to find a political solution for this issue.
(END VIDEO CLIP)
VAUSE: And some Palestinians, leading Palestinians here in Gaza, say the time has now come to hand the Palestinian Authority and all of the responsibility back to either Israel or call in the United Nations -- Jim.
CLANCY: John, full circle, all of this is about a missing soldier, and yet we're hearing so little about him. VAUSE: That's right. This operation is described as a rescue mission, first and foremost, for 19-year-old Gilad Shalit. He is still missing, still being held by Palestinian militants, who now seem to be taunting Israel.
They held a press conference earlier today. They laid out three possibilities for the fate of the 19-year-old corporal.
They see he could be, number one, a missing corpse. Number two, he could be injured and in need of medical care. The third possibility, they say, he could be alive and well. But they raised the possibility that he could be -- he could pay, in their words, for the crimes of Israel -- Jim.
CLANCY: John Vause reporting live, looking on from Gaza -- Hala.
GORANI: We are covering the story from all angles with our reporters on the ground fanned out across the region while the offensive under way purportedly seeks to secure the kidnapped Israeli soldier. The fate of a Jewish settler who was also kidnapped by Palestinian militants is already known. His body was found near Ramallah.
Paula Newton was at the settler's funeral and joins us now live from Jerusalem.
Paula, describe the scene for us a few hours ago.
PAULA NEWTON, CNN CORRESPONDENT: Well, it was a blistering, hot day, and under the sun on the Mount Olive Cemetery, 18-year-old Eliyahu Asheri -- I'm sorry, I apologize -- was buried. It was one of those days where you would expect it to be very sad, but it was also, in many way, a very political event.
Some who we spoke to there felt that they wanted this to actually send a message to the Israeli government saying that they have to hang tough and that in fact they should be more aggressive in trying to get Hamas to be more disciplined with certain members of its wing.
At the same time, this funeral happened very, very quickly. They did conduct a full autopsy, we're told, and we were told by friends that it came as some comfort to this man's mother that in fact the Israeli authorities believe that he wasn't held at all, that right after he was kidnapped, really within a matter of hours, he was dead with one bullet to the head -- Hala.
GORANI: So, do we know any more apart from this about the circumstances of his capture, or of what he went through? I mean, we're hearing that he was killed immediately, but anything more than that?
NEWTON: Not at all at this point, but there is an ominous sign from the Israeli military, Hala. They are saying that they know exactly who is responsible for this.
They had someone that they detained yesterday from Ramallah. That person led them to his body which was buried in the West Bank. They say that they have the information and they are sure they know who's responsible for this. And they promise those people will not be alive for very long.
So you can expect more action from the Israeli military on that issue -- Hala.
GORANI: All right. Paula Newton reporting live from Jerusalem.
Let's turn our attention to this story now and news coming out of Iran facing another ultimatum on its nuclear program. The foreign ministers from major powers known as the G8 have been meeting in Moscow, and they say they want Iran's answer by Wednesday to an offer of a package of incentives.
That is when Iran's chief nuclear negotiator and European Union officials were already due to meet. The package would give Iran Western technology, trade and other incentives if it halts uranium enrichment. The officials say they're disappointed Iran hasn't responded already.
Now, Iran is facing another ultimatum on its nuclear program, as we said. In any case, we're going to have a lot more.
All right. We're going to take a short break now.
You're with YOUR WORLD TODAY.
CLANCY: That's right. Stay with us. More to come straight ahead.
(COMMERCIAL BREAK)
DARYN KAGAN, CNN ANCHOR: I'm Daryn Kagan at CNN Center in Atlanta. More of YOUR WORLD TODAY in just a few minutes.
First, though, let's check on stories making headlines here in the U.S.
A stunning blow to President Bush. The Supreme Court today ruled that he overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees. It was a 5-3 vote. The court declared that the tribunals violated the Geneva Conventions and U.S. military rules. President Bush says there may still be room for tribunals.
(BEGIN VIDEO CLIP)
BUSH: But we will conform to the Supreme Court. We will analyze the decision. To the extent that the Congress has given any latitude to develop a way forward using military tribunals, we will work with them.
As I understand, a senator has already been on TV. I haven't seen it, haven't heard what he said. But they briefed me and said he wants to devise law in conformity with the case that would enable us to use a military tribunal to hold these people to account. And if that's the case, we'll work with him.
(END VIDEO CLIP)
KAGAN: And that was the president speaking about an hour ago during a news conference with Japan's prime minister.
Remember that stolen laptop, the one with the names and Social Security numbers of more than 26 million veterans and current service members? Well, it's back, recovered in Baltimore today. And no sign, so far, that any of the data was compromised. The FBI, though, is still looking into the case.
The worst may be over for thousands of people hit by extreme flooding in the East, but it's far from over as others brace for high water. Residents in Wilkes-Barre, Pennsylvania, are being allowed back in their homes right now. Their long ordeal of cleaning up is just getting started.
Some families will never completely recover from the disaster. At least 13 people are known to have been killed across the stricken region.
Plains, Pennsylvania, is one community along the Susquehanna River that is beginning to dry out. Much of what you see here was under several feet of muddy water just 24 hours ago. As bad as it is, many residents have been through it before.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: As the water comes and undermines from the foundations -- at 10:00 yesterday morning, I already had water coming into my basement. So I have to keep the pumps running or we'll lose everything on the first floor.
UNIDENTIFIED MALE: The last flood we had in April, we had five feet in our basement. Right now there's only about four inches. So if we can keep it from five feet again, you know, we won't lose all of the stuff like we did last time.
(END VIDEO CLIP)
KAGAN: And it's concern that's rising along the Delaware River in parts of New York and New Jersey and Pennsylvania. The river is expected to reach record levels this afternoon.
It overflowed its banks yesterday, and some towns are already experiencing flooding. The crest is expected to sweep down the river later today.
In New York, the governor has declared a state of emergency in 13 counties. He estimates the flood damage at $100 million so far.
So, what is in store for this region in terms of rain or sunshine?
Reynolds Wolf is keeping an eye on that -- Reynolds. REYNOLDS WOLF, CNN METEOROLOGIST: Well, Daryn, it does look like the weather is going to start cooperating a little bit later on today. You know, we still have those flood warnings that are in effect for many places from New York, southward to Virginia. All counties you see shaded in green indicate the places that are under those flood warnings.
We do see some scattered showers that are developing out to the west, and most of the rainfall, the heavy rain is now out into the Atlantic. And as we make our way to our computer models, it looks like from now through the next 48 hours there is the potential that we could see anywhere from a half inch of rainfall through New York, south through Virginia, a half inch or less.
So, again, there is some rain, but it looks like the worst is going to be over in terms of the forecast.
And take a look at what else you can expect around the country. Again, those scattered showers possible in the Northeast, very warm in the Southeast. In the desert Southwest, very warm, but there will be a chance of showers through the central Rockies.
That's the latest in the forecast, Daryn. Let's send it back to you.
KAGAN: All right, Reynolds. Thank you.
WOLF: You bet.
KAGAN: How many people have had a good airline experience lately? Continental is tops among major carriers, apparently. That's according to a JD Power customer satisfaction survey. That's followed by Delta and American.
JetBlue had the highest marks in the low-cost category. Southwest was second, Frontier Airlines third.
The survey was based on factors like ticket price, courtesy of flight crews, leg room -- I hear that -- and timeliness.
She captured the hearts of American soldiers, then the rest of us. Now the little girl who is known as Baby Noor is back in her native Iraq.
These are photos that were taken just days before she left the states. Troops found Baby Noor during a raid in December. She was sent to the U.S. for spina bifida surgery. She's now 9 months old, she's been reunited with her family in Iraq. She will continue treatment in her home country.
Did President Bush go too far in ordering military war crimes trials for Guantanamo Bay detainees? The Supreme Court says yes, but what does Senator Lindsey Graham think? His thoughts on that topic.
And the feud between Capitol Hill and "The New York Times." That's coming up at the top of the hour on "LIVE FROM" with Kyra Phillips.
Meanwhile, YOUR WORLD TODAY continues after a quick break.
I'm Daryn Kagan.
(COMMERCIAL BREAK)
GORANI: Welcome back to YOUR WORLD TODAY. I'm Hala Gorani.
CLANCY: I'm Jim Clancy and these are some of the stories that we're following around the world.
Israel arresting some 60 lawmakers and Hamas cabinet ministers. It says its holds the Palestinian government responsible for the kidnapping of an Israeli soldier. Palestinians accusing Israel now of using that as a pretext to try to topple their leadership. Israeli tanks, troops and warplanes pressing ahead with an offensive in southern Gaza, shelling in northern Gaza. Meantime, militants believed to be holding that soldier in the south.
GORANI: In another part of the Middle East a watershed moment in a conservative Gulf nation. For the first time ever, women in Kuwait are voting and running for office. Women make up 57 percent of Kuwait's electorate. Twenty-eight of the 250-plus people running for parliamentary elections are women. With Thursday's vote, Saudi Arabia is now the only Arab country that holds elections but does not allow women to vote.
CLANCY: The U.S. Supreme Court delivering a stunning blow to the Bush administration in the case of a Guantanamo Bay detainee accused of being associated with Osama bin Laden. The ruling puts strong limits on the power of the White House to conduct military tribunals for suspected terrorists.
For more on this U.S. Supreme Court decision, we want to bring in the lawyer who really was the lead man in the case from the time it was filed to arguing in front of the Supreme Court. He represented Osama bin Laden's former driver, Salim Ahmed Hamdan.
Neal Katyal argued the case before the Supreme Court, as we said. He's joining us from Washington.
Quite a victory. What does it mean for Mr. Hamdan?
NEAL KATYAL, REPRESENTED SALIM AHMED HAMDAN: Thank you very much.
What it means is that Mr. Hamdan is going to get the fair trial that he's want from the start. The reason why this case was filed is because four years ago, the president made a decision to create a trial system on his own at Guantanamo Bay, a trial system that doesn't comport with even the most basic values that we have as a nation. And today, the Supreme Court said you can't do that. You've got to -- we are a government of laws, and those laws require a fair trial.
Now, the Supreme Court also ruled that the U.S. should perhaps follow along the guidelines that are laid out by the Geneva Conventions. Would that be acceptable to various attorneys for these men?
KATYAL: Absolutely. The Geneva Conventions, which are Senate ratified 1955, in which every nation on earth, save one, is ratified, set forth minimal guidelines for how trials of war crimes should be conducted. And what the court today said is we should follow those guidelines. They served us well. We've used them for 50 years up until 2001 when the president said he doesn't have to abide by the Geneva Conventions.
CLANCY: Now, it's no secret here -- and let's be honest, there's nobody that is speaking for the victims, the potential victims. Some of those -- at least one they know of -- was released from Guantanamo Bay, went on to kidnap and kill two Japanese engineers or Chinese engineers, I believe, in Afghanistan. And you look at a case like that and you say, well, OK, who's standing up for these victims? Who's going say that -- OK, go ahead and release these guys?
KATYAL: It's a huge issue and certainly, nobody, I think, would like to say that this is a loss for the victims. Because, actually, it seems to me that it's a win for our nation as a whole to return to our fundamental values, which are that we are a government by the people and for the people. And part of that includes being fair.
Now, nobody in the Supreme Court today did not say that people at Guantanamo have to be released. What they said is they have to -- what the court said is they have to be tried fairly. And that protects everyone. It protects you and me and protects people across the world, like our troops. After all, many retired generals and admirals filed a brief in this case, saying if we break from the Geneva Conventions, the people who suffer the most are our troops, who will then face awful conduct at hands of third world dictators.
CLANCY: What was it about the way that these tribunals, these commissions, as they were called, were to be conducted that you even had some of the defense attorneys -- the military defense attorneys -- saying we can't do that this?
KATYAL: Right. You know, the interesting thing about the case is, you know, the lead support came from the military establishment itself, who thought that this system was essentially a fake military court. It wasn't like our proud system of courts martial, a system set up by Congress in 1950 that balanced the rights of both sides. This was a system that the president controlled from top to bottom. He wrote all the rules, defined all of the offenses, hand-picked the judges. And it's just -- at bottom, it's fundamentally un-American.
CLANCY: All right, the president said today -- he made some comments there at the White House, finishing up just about 40 minutes ago. And he said he might go talk it over with the Congress. If the administration goes back to the Congress, passes a law authorizing something like that, is Neal Katyal going back to the Supreme Court?
KATYAL: We -- you know, I certainly would like to work with the administration, with members of Congress, to make changes that they see that are -- that there are any that are necessary. But I think here's the fundamental point. President Bush four years ago said we need to do something new. And those of us, like myself, said if you do the something new you want, you're never going to actually try these people because it's going to get tied up in litigation. Let's use our existing court-martial system first. And if there are problems with it, we can legislate then.
But to kind of rush in and legislate now is exactly the problem that President Bush did. It follows the same course of conduct that President Bush did four years ago, which is essentially due to a lot of talking and not many trials. And we have an existing court-martial system that can try these people and protect victims, and we should try it and use it.
CLANCY: Neal, this is a serious case. But on a little bit of a lighter note, you've just won I assume your first major case before the U.S. Supreme Court. You be doing any celebrating?
KATYAL: I certainly am. In fact, I have all my students gathering nearby, and we will be celebrating. I just called my 4- year-old son to explain him that daddy beat the mean man. So thank you.
CLANCY: Daddy beat the mean man. Neal Katyal, though, still offering what assistance may be needed to help get it right.
KATYAL: Absolutely.
GORANI: OK. When we come back on YOUR WORLD TODAY, more on a historic day for women in Kuwait.
CLANCY: It is a historic day. For the first time, they're making their voices heard through the ballot box. We'll explain. There's a lot to this story.
(COMMERCIAL BREAK)
GORANI: Welcome back.
CLANCY: Seen live in more than 200 countries around the globe, this is YOUR WORLD TODAY.
It is a beautiful day at that, Hala. Well, it's a beautiful day according to one of the candidates in Kuwait's election as citizens there going to the polls, it's really a landmark vote.
GORANI: Right, for women, really. Women in the Gulf nation are running for office and voting for the first time in national balloting.
CLANCY: Well, men, too, because we can now vote for women.
GORANI: Oh, I thought it was just women. Oh, men, too. All right.
CLANCY: Kuwait's interior ministry says the turnout is unprecedented, Hala.
GORANI: Well, Kevin Flower has travelled to Kuwait City and he filed this report.
(BEGIN VIDEOTAPE)
KEVIN FLOWER, CNN CORRESPONDENT (voice-over): A historic day in this religiously conservative Gulf emirate as Kuwaiti women are voting for the first time ever in national parliamentary elections. Under a rule passed last year, some 200,000 women will be eligible to vote today and make up a significant of 57 percent of all eligible voters.
NABILA AL-AANJARI, KUWAIT ELECTION CANDIDATE: Today belongs to Kuwaiti women. Today Kuwaiti women are realizing their dreams.
FLOWER: It's this majority of women voters and the candidacy of 28 women that is bringing a great level of attention to the elections in this tiny oil-rich nation. Of the 253 candidates vying for 50 parliamentary seats, 28 are women. The significance of women voting and running for office cannot be overstated. Politics in Kuwait has been solely the pursuit of men and long dominated by tribal networks and loyalties.
ABDULLAH FARIS, KUWAITI GOVERNOR: The attendance today is excellent, especially from the women's side. Today is a Democratic festivals. You can see our daughters, wives and sisters attending the polling stations. This makes us happy, and we hope there is success for everyone.
FLOWER: How women will fair at the polls is a different question. Most of the women we've spoken to here at this polling station and those interviewed in national media have indicated that they will be voting for the male candidates.
Kevin Flower, CNN, Kuwait City, Kuwait.
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GORANI: All right, voting for the male candidates. Well, whoever they vote for, these women voters, it is a historic day out there in Kuwait. And how will it change the politics of the future? We go now to Massouma Al-Mubarak. She was appointed, not elected, appointed, important distinction, as the first woman cabinet minister amid noisy protests.
She joins us from the line now from Kuwait. Some hardline Islamists, Massouma Al-Mubarak, were aghast at the idea that women could run for office but it seems like in the few weeks before this election took place, even they were campaigning for female votes.
MASSOUMA AL-MUBARAK, KUWAITI CABINET MEMBER: Yes. Hello? Yes. Absolutely true because they were against women to be participating fully in the political life in Kuwait. Now of course they accept it as a fact. But also they accepted being (INAUDIBLE) to be as a voter. Still, they don't grasp the idea, and they didn't follow the fact that she's a candidate. They still believe that she's not capable, she's not eligible to be a candidate.
GORANI: All right, 28 women among the 253 candidates. What are the expectations? How many female MPs can we expect to see in the Kuwaiti parliament in a few weeks?
AL-MUBARAK: Well, the expectation, that's great. Knowing the fact that still this is the first experience for Kuwaiti women, knowing the fact that still the (INAUDIBLE) is still 25, not 10, not five, not one, so this will make it harder for Kuwaiti women to really succeed. But the Kuwaiti woman, as a candidate, she did a great job, she did a great job, and everybody appreciated her job.
GORANI: Give us a sense of the excitement, then. You've been speaking to women. You were the first appointed female cabinet minister in Kuwait. What are women telling you about this day?
AL-MUBARAK: Well, it is a day that we deserve. We Kuwaiti women, we deserve to enjoy every second of it, because we worked hard for it. It's not given to us. We actually -- we took it, because for 40 years we were fighting for our lives. So today this is a marquee day for Kuwaiti women to have the right and to practice and not to be (INAUDIBLE), to be a player. we still remember three years ago we were marching the streets calling for our rights. Now we are marching the streets to practice our rights. This is the difference.
GORANI: Still, let's put this all into context, Masuma Al- Mubarak -- baby steps, this is nowhere near a full democracy. The political power in Kuwait is still in the hands of the ruling emir. When will that change?
AL-MUBARAK: I'll tell you something, we are the constitutional inherited system. So what you mention is not true. We are really the right and the obvious democracy in the region, and I'm sure that even at a global level.
I don't believe that the Kuwaiti democracy is suffering from any wrongdoing or reducing of the actual practice of democracies as we know it, because I am political practice. And we have here, when we examine Kuwaiti constitution and Kuwaiti practice, political practice it's not less than -- let's say as in Britain, because there is a monarchy and there is -- in Jordan, there is a monarchy, and there is a parliament. So in Kuwait, we are not different than that. Of course, we are developing. Yes, we are developing, but that doesn't mean that democracy here in Kuwait is less than other places.
GORANI: Masuma Al-Mubarak, I'm sorry, we're going to have to cut you off there. We're running out of time. The first female appointed female minister in Kuwait on this, a historic day for Kuwait women, allowed to vote for the first time for members of parliament.
A short break on YOUR WORLD TODAY. We'll be right back.
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GORANI: Our top story this hour, the U.S. Supreme Court has given its decision on the use of military tribunals or commissions, but we want to know what you think.
CLANCY: And that's why we've made this our "Inbox" question of the day. Should enemy combatants be tried in military tribunals?
GORANI: Here are some of your answers. Daniel in the U.S. state of Virginia writes, "Absolutely yes. This ruling does not recognize that we are in the midst of a war unlike any other in the history of our planet."
CLANCY: Seth on the U.S. West Coast tends to agree. He says he feels, "Guantanamo prisoners should be thankful to get any type of trial at all. If the U.S. stooped to their level, they'd all be tortured and beheaded."
GORANI: But Pierre in Germany disagrees: "In my opinion, if the detainees are alleged terrorists, they should be tried at a regular U.S. military court.
CLANCY: Taking the middle ground, so to speak, Eugene joins in from South Korea to write this: "The Geneva Conventions clarify treatment of military personnel and civilians in wartime, but we need a law that deals with terrorists exclusively." Good points.
GORANI: Alleged terrorists. Please keep your e-mails coming. The address again, WYT@CNN.com.
CLANCY: All right, meantime, the U.S. Bush administration says its troops are not going to leave Iraq until Iraq can protect itself.
GORANI: The training of an unbiased Iraqi police officer is a key part of this plan.
CLANCY: Senior international correspondent Nic Robertson attended a police cadet graduation ceremony and saw how Shia Muslim cadets may be putting the idea of a neutral police force in question.
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NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice- over): To chants of Shia slogans, Iraq's new interior minister came to watch the latest batch of police recruits graduate. The spontaneous singing of such a partisan call all the more surprising as the country's 150,000-strong force is trying to shake off its image of a Shia force for the Shia majority, biased against Iraq's Sunnis.
In the scorching heat, 320 cadets celebrating the completion of 10 weeks' training, paraded past their commanders, and for the first time ever at such a ceremony, took an oath of allegiance to Iraq. I pledge to be loyal any faithful to the people and the country of Iraq, they chanted together.
(on camera): By swearing an oath of allegiance to Iraq, the government here hopes to send a message to the people of the country, but the police will no longer be penetrated by militias with divided loyalty. It has in his address to the cadets, the interior minister was at pains to portray progress in the force. JAWAD AL BOLANI, IRAQI INTERIOR MINISTER (through translator): Let us turn the page of our ancient past so we can go forward and rebuild Iraq into a free, Democratic and unified nation. All citizens deserve freedom, dignity, and prosperity.
ROBERTSON (voice-over): And then, as if to underscore how far Iraq still has to go, displays of proficiency with police, bomb- sniffing and attack dogs, masking the disconnect between his ambitious statement and the partisan-cheered chants.
General Hussein Mehti (ph), the Shia director of the police academy, happy to be filmed during the ceremony, refused to answer on camera questions about apparent sectarian bias, but before rushing off did say Sunni, Shiite, Kurd or Christian are all treated equally.
Inside the new police training facility, built at a cost of well over $70 million paid by the U.S. taxpayer, a picture of Shia Islam's holiest figure, Imam Ali, adorned one training manual. Built to house and train 3,200 recruits at a time, the college will be capable of producing 10,000 policemen a year.
JAMES WEST, COORDINATOR FOR IRAQI POLICE: The Iraqis, they've done a very good job of bringing both sides together and we have no conflicts during the 10 weeks that these cadets were here.
ROBERTSON: In the nearby barracks, some Sunni cadets echoed that view, saying they have no problems. Sunni and Shia are treated equally.
Back on the parade ground, these Shia recruits had a similar message. "People have the wrong image of the police," he says. "There is no militia involvement."
But, still, there were those chants. On a day when image was critical, the message appears to have been diluted.
Nic Robertson, CNN, Baghdad.
(END VIDEOTAPE)
CLANCY: That is our report for this hour.
GORANI: "LIVE FROM" is up next for our viewers in the United States.
CLANCY: For our viewers elsewhere, another half hour of YOUR WORLD TODAY is straight ahead. I'm Jim Clancy.
GORANI: I'm Hala Gorani, and this is CNN. Stay with us.
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