6 December 2001
Source:


US Department of State
International Information Programs

Washington File
_________________________________

Source: http://usinfo.state.gov/cgi-bin/washfile/display.pl?p=/products/washfile/latest&f=01120604.plt&t=/products/washfile/newsitem.shtml

06 December 2001

Leahy Fears Tribunals May Go Beyond Traditional Justice

(Says Congress should play a bigger role in formation) (1690)

Senate Judiciary Chairman Patrick Leahy says Congress has an important
role to play in any plans by the Bush administration to use military
tribunals in the campaign against terrorism.

Leahy said he feared that the military tribunals envisioned by
President Bush may go beyond traditional American military justice,
which provides for open trials, the right to a lawyer and judicial
review. Leahy's committee has been conducting a series of hearings on
the powers and aggressive investigative tactics being exercised by the
Justice Department following the September 11th terrorist attacks in
the United States.

"Defining those circumstances where military tribunals serve our
national security interests is no easy task, and Congress has
contributions to make to this discussion," Leahy said in opening
remarks December 6 before the committee began hearing testimony from
Attorney General John Ashcroft.

Leahy said there are circumstances where military tribunals used to
try terrorists are appropriate, but many issues and doubts remain
about how to proceed with them.

"It should be beyond argument that such an authorization, carefully
drawn by both branches of government, would be helpful in resolving
this doubt and in lending credibility to their use," he said.

Following is the text of Leahy's remarks as prepared for delivery:

(begin text)

Attorney General Ashcroft, welcome.

In the 12 weeks since the September 11 attacks, Americans in law
enforcement have been working tirelessly to protect the public, to
capture and thwart terrorists, and to bring them to justice. For its
part, Congress too has moved promptly on several fronts, including our
expedited consideration and enactment of the anti-terrorism bill two
months ago.

In the two months since your last appearance before this committee,
terrorism also has reached Congress's doorstep. That is why we are
meeting in this room today, and not in the Hart Building, which
remains closed.

Last week the Justice Department witness appearing before this
committee described Congress as a "full partner" in our nation's
anti-terrorism efforts. That is how the Founders and our Constitution
intended it. The partnership of our two branches of government working
together produced an anti-terrorism bill that was better than either
branch acting alone would have produced, and with greater public
confidence in the result. America works best when all parts of our
government govern together.

As we continue our discussion of important and difficult questions
about the means to be used in the fight against terrorism, let no one,
friend or foe, mistake this for anything other than what it is: a
principled discussion of policy approaches, and a constructive
assessment of the effectiveness of those approaches, undertaken by
partners in our country's efforts against a common enemy.

Tomorrow is the 60th anniversary of the attack on Pearl Harbor. Many
have compared the galvanizing effect of that attack to that of the
atrocities committed on September 11. Today, as 60 years ago,
government at every level is under great pressure to act. Our system
is intended to help make sure that what we do keeps us on a heading
that achieves our goals while holding true to our constitutional
principles. The Constitution does not need protection when its
guarantees are popular, but it very much needs our protection when
events tempt us to, "just this once," abridge its guarantees of our
freedom.

The need for congressional oversight and vigilance is not, as some
mistakenly describe it, "to protect terrorists;" it is to protect
ourselves and our freedoms, something in which each and every American
has a stake. It is to make sure that we keep in sight at all times the
line that separates tremendous government power on the one hand and
the rights and liberties of all Americans on the other. It is to make
sure that our government has good reason before snooping into our bank
records, our tax returns or our e-mail, or before the government
listens in as we talk with our attorneys. It is to make sure that no
one official, however well intentioned, decides when that line is to
be crossed, without good reason for that decision. Whether the
Administration's recent unilateral actions are popular or unpopular at
the moment, as the oversight committee for the Department of Justice,
we accept our responsibility to examine them. This is our role under
the Constitution, this is our duty, and we will not shrink from it.

So, too, is congressional oversight important in helping to maintain
public confidence in our system of laws. In our society, unlike in so
many other nations, when a judge issues an order, it is respected and
carried out because the public has faith in our system and its laws.
The division of power and the checks and balances built into our
system help sustain and earn the public's confidence in the actions
taken by their government. The consent of the governed that is at the
heart of our democracy makes our laws effective and sustains our
society.

I commend Senator Schumer, the chair of the Administrative Oversight
and the Courts Subcommittee, and Senator Feingold, the chair of our
Constitution Subcommittee, for holding their hearings earlier this
week, and for the constructive contributions to those hearings by
Senator Hatch, Senator Sessions, Senator Durbin, Senator Feinstein and
others. They were acting in the finest tradition of the Senate and
this country.

During the past week of hearings and public debate, this oversight
process already has contributed to clarifying the President's order to
establish military tribunals. It now seems that the President's
language that ostensibly suspends the writ of habeas corpus, the
language providing for secret trials, and the expansive sweep of the
President's November 13 order were not intended; instead the
Administration's intention is to use procedural rules more like those
used in our courts and our courts martial. Over the last week it has
become clearer that, as written, the President's order outlines a
process that is far different than our military system of justice.
American military justice is the best in the world and includes open
trials, right to counsel and judicial review. It also appears that the
risks of pursuing "victor's justice" are beginning to be understood
more fully as the initial conception of the order is being reformed
and clarified. I commend the members of this committee for their
contributions to that process.

Last week, Senator Specter wrote an article expressing his concern
that the Administration had not demonstrated the need for the
President's extraordinarily broad order on military commissions.
Others, Democrats and Republicans, moderates and conservatives, have
expressed concern about the broad powers asserted by the
Administration and about the manner in which it has asserted them --
bypassing both Congress and the courts. Last Wednesday's hearing
allowed the Committee to hear firsthand from legal experts across the
spectrum on these questions and to assist in clarifying the
Administration's intentions and actions.

There are circumstances where military tribunals are appropriate. I
agree with the constitutional experts and others who have testified
before the Committee that military tribunals can have a role in our
prosecution of the campaign against terrorism. However, many issues
remain about how to proceed with such tribunals in the best interests
of our national security. Ultimately, the question is not only whether
our government has the right or the power to take certain actions and
in certain ways, but whether the means we choose truly protect our
security.

Defining those circumstances where military tribunals serve our
national security interests is no easy task, and Congress has
contributions to make to this discussion, as we already have. To many,
the constitutional requirement that military tribunals be authorized
by Congress is clear. To others, it is not. To everyone, it should be
beyond argument that such an authorization, carefully drawn by both
branches of government, would be helpful in resolving this doubt and
in lending credibility to their use. Several members of the Committee
of both parties have been crafting ideas for such an authorizing
resolution to clarify these issues, and I invite you to work with
members of the Committee in exploring a consensus charter for
tribunals.

It is never easy to raise questions about the conduct of the Executive
Branch when our military forces are engaged in combat, even when those
questions do not concern our military operations. The matters we are
examining concern homeland security, our constitutional rights, and
preserving the limits on governmental authority that form the
foundation of our constitutional democracy. These are questions that
go to the heart of what America stands for, to its people and to the
world, when we are put to the test. These are questions that we need
to debate openly and thoughtfully. This committee hopes to cast the
light of reasoned public inquiry on the Administration's actions,
especially on sweeping unilateral actions that might affect
fundamental rights. Ultimately, taking a close look at assertions of
government power is one of the best ways to preserve our freedoms and
ensure our security.

None of us in elective or appointive positions in government has a
monopoly of wisdom or of patriotism, and under our system, neither do
any of us have a monopoly of authority.

The Framers of our Constitution had great confidence in George
Washington and certainly did not expect him to abuse his power. But
they did not entrust their liberty to his, or to any government's,
good intentions. Instead they provided for a system of checks and
balances, including congressional oversight, judicial review and
openness to public scrutiny. This committee will be vigilant in
seeking to preserve those fundamentals of our American constitutional
system. We can be both tough on terrorists and true to the
Constitution.

I look forward to hearing from the Attorney General. I want to thank
him again for appearing today and hope that he will be able to stay to
answer the questions of all senators.


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06 December 2001

Hatch Says Senate Hearings Show Tribunals Are Constitutional

(Speaks at Senate Judiciary Committee hearing on terrorism) (2660)

Washington - Senator Orrin Hatch (Republican, Utah) says the vast
weight of legal authority, as demonstrated in a series of hearings by
the Senate Judiciary Committee over the past two weeks, confirms the
constitutionality of the military tribunals proposed by President Bush
as part of the administration's efforts to defend the United States
against terrorism.

Speaking before Attorney General John Ashcroft testified at a December
6 hearing, Hatch said there is "absolutely no basis" for believing
that the Department of Justice, which Ashcroft heads, has initiated
any systematic policy to deprive detainees of their constitutional
rights.

"Certainly, the American people are not interested in watching us
quibble about whether we should provide more rights than the
Constitution requires to the criminals and terrorists who are devoted
to killing our people," Hatch said. "They are interested in making
sure we protect our country against terrorist attacks."

Following is the text of Hatch's statement:

(begin text)


As you know, I was pleased to co-author, with you, the letter we sent
to our good friend and former colleague, the Attorney General, asking
him to come before this Committee to describe for us, and for the
American people, some of the recent initiatives undertaken by the
Administration to protect Americans from terrorist attacks. And I am
gratified that General Ashcroft readily accepted our invitation and
has taken time from his critical duties to be here today.

Before beginning my statement, I would just like to correct the record
on one score. At the time we sent our letter to [Attorney] General
Ashcroft, it was widely misreported in the press that I was displeased
with the Attorney General, and had "demanded" his appearance before
the Committee. Nothing could be further from the truth.

I joined the letter to [Attorney] General Ashcroft requesting his
appearance because I believed it would be helpful to us, and to the
American people, for the Attorney General to come before us and
provide us with an update on the Department's efforts to combat
terrorism and bring to justice those who helped to perpetrate the
barbaric attacks of September 11th.

After we sent the letter, Mr. Chairman, you made some comments to the
press in reference to the letter that were critical of the Attorney
General. Because I was a co-signatory on that letter, your subsequent
statements were attributed to me as well.

So that there will be no mistake, I would like to say here, in the
presence of the Attorney General, that I have been extremely pleased
with the degree to which he, and the Department as a whole, have been
responsive to this Committee's oversight requests. Not only did the
Attorney General promptly respond to our invitation to testify, he and
the Department have diligently and thoroughly responded to all of the
many questions and document requests that have been sent to them by
this Committee throughout the year.

And the Department has not just been responsive to our oversight
efforts, they have been proactive as well. Last week, when the first
in this series of DOJ oversight hearings was convened, the Department
of Justice was not invited to testify. Commendably, the DOJ reached
out, saying that they believed it was appropriate, given the fact that
they were the subject of the hearing, that they also be participants
at the hearing. Assistant Attorney General Michael Chertoff made
himself available, and provided testimony last week that, I think we
can all agree, was very helpful to the Committee.

The same thing happened this week, when the Department was again not
invited to testify at Tuesday afternoon's oversight hearing. Again,
the Department reached out to us, and offered Assistant Attorney
General Viet Dinh as a witness. And again, I think we can all agree,
Mr. Dinh's testimony greatly contributed to the work of this
Committee.

I must say, the candor and responsiveness exhibited by this Department
of Justice in its dealings with this Committee is a refreshing
departure from the responsiveness of the previous Administration to
our oversight requests.

As you all know, I was Chairman of this Committee for the last six
years of the previous Administration, and I can tell you that getting
responsive answers from the Department of Justice during that period
was like pulling teeth. Whether we were examining the previous
administration's pardoning and release of 11 convicted terrorists
affiliated with the FALN, or the campaign finance irregularities probe
and the famous conflicting views within the Justice Department on
whether to appoint a special-counsel to the Elian Gonzalez matter, to
the last minute pardons ....and so on.

I must say, given this previous experience, Attorney General
Ashcroft's candor and responsiveness to this Committee are all the
more commendable. I would like to thank him for his honorable service
to this country as Attorney General. I know this nation is a safer
place due, in large part, to his tireless, honest efforts to rid us of
crime.

Mr. Chairman, I am pleased to see, and supportive of, this Committee
exercising its oversight authority over the Department of Justice.

I trust that we all agree as to the reason why it is important that we
exercise this oversight function: it is, or at least it should be, to
help the DOJ more effectively carry out its duties, and to ensure that
it does so consistently with Congressional directives.

I hope that we can also agree, however, that there is a point at which
aggressive oversight by this Committee becomes counter-productive.
Certainly, we do not want to reach a point where the senior leadership
at the Department spends all of its time responding to inquiries from
our Committee regarding the terrorism investigation, and none of its
time actually tracking down terrorists.

And, I know some might try to argue that this a partisan criticism.
Well it is not, it is a bipartisan concern. I should note that one of
our Senate Democratic colleagues yesterday properly observed in a
press release that, "They need to get off his back and let Attorney
General Ashcroft do his job. Military tribunals have been used
throughout history. The Supreme Court has twice upheld them as
constitutional. Now, we're at war, and we're talking about using
military tribunals only for non-citizens. Why in the world would we
try our own soldiers with this system of justice but not some
foreigner who is trying to kill us? It's crazy. These nit-pickers need
to find another nit to pick. They need to stop protecting the rights
of terrorists. This is about national security. This is about life and
death." Now, I don't mean in any way to suggest that we should not be
performing appropriate oversight, or to suggest ill motives behind
this hearing today. My friends, in the last two weeks, we have heard
from Justice Department officials, State Department officials, law
professors, journalists, defense attorneys, and even an illegal alien
from Yemen who was detained the week after the September 11th attacks
with box-cutters in his possession. We have heard from two former
Attorneys General of the United States, one from a Republican
Administration and one from a Democratic Administration -- who, I
might add, both testified that they saw no Constitutional problem with
any of the actions that are the subject of these hearings.

Some of our friends in academia have not been shy in their criticism
of the Administration. One professor whom the Committee invited to
testify at last week's hearing compared the United States government
to certain authoritarian regimes in Latin America and the totalitarian
regime in China.

Nor were these public hearings the only opportunity that the members
of our Committee have had to pose inquiries to the Department of
Justice. Several members have submitted numerous additional written
questions following last week's hearing. The last time the Attorney
General appeared before this committee, Mr. Chairman, you alone
directed 21 questions to him, with multiple subparts. By my count,
over the last 2 months you have submitted 12 letters to Justice
Department officials, requesting hundreds of pages of documents and
posing dozens of questions.

Which brings us to today. Mr. Chairman, as I said earlier, a couple of
weeks ago, I joined you in inviting the Attorney General to testify
before us on these matters: I continue to believe it is appropriate to
have General Ashcroft testify here today. These are important topics,
and I know that General Ashcroft welcomes the opportunity to address
any concerns that may be raised by the members of the Committee.

[Attorney] General Ashcroft, I want to thank you, and particularly the
men and women of the Department of Justice, for their Herculean
efforts over the last week and a half, in responding to the oversight
efforts of this Committee. We have had a lot of questions, and your
responses over the past weeks have helped allay many initially
alarmist and hysterical concerns.

And let us not forget, these same men and women at the Department of
Justice are the ones who are charged with the essential task of making
sure that a day like September 11th never happens again.

As we continue to hold these hearings, I would hope that we don't
forget our own essential task of confirming the President's nominees
to the positions so important to winning the war against terrorism,
and to ensuring that we have justice and liberties. As you know, there
has been increasing criticism from around the country for this
Committee to take action on the President's nominees -- both for
judgeships and for important posts in the Administration. Even the
Washington Post, has criticized this Committee's failure to act on
these important judicial nominations, particularly given the vacancy
crisis we face in our judiciary today. As we all recognize, justice
delayed is justice denied. This was not a digression, but I think that
our duty to act on the President's nominees is at least as critical as
our duties of oversight and I would simply hope that we will be as
diligent in that role in the coming weeks and months as we are with
our oversight responsibility.

Mr. Chairman, what the hearings over the last two weeks have shown is
this: the vast weight of legal authority confirms the
constitutionality of military tribunals. And, if the issue to be
analyzed is not the constitutionality of the tribunals, but rather the
fairness of the procedures to be used, then any criticism is entirely
premature, because the Administration has not yet promulgated the
procedures that will be employed. Any questions to Attorney General
Ashcroft on this topic would be particularly pointless, because it is
Secretary of Defense Rumsfeld, not General Ashcroft, who is charged
with drafting the procedures.

On the issue of detainees, what we have learned is that every person
being detained has either been charged with a violation of U.S. law,
or is being held pursuant to the decision of a federal judge to issue
a material witness warrant. Each of the detainees has had access to
legal counsel and has the right to challenge the grounds for his
detention. Every detainee may, if he wishes, publicize his plight,
through legal counsel, friends, family, and/or the media. While there
has been anecdotal evidence that the system has not worked flawlessly
in the wake of September 11th, there is absolutely no basis for
believing that the Department of Justice has initiated any systematic
policy to deprive detainees of their Constitutional rights.

Now if my colleagues would like to grant additional authorities to the
President or the Attorney General, to aid in this war, and to save
American lives, then I am all ears -- as long as such powers are
consistent with our Constitution.

Mr. Chairman, a week ago the airwaves were filled with alarmist
rhetoric, charging that the Administration's actions had trampled the
Constitution. During the course of these oversight hearings, as expert
after expert has affirmed the constitutionality of these measures, I
have noticed a change in the tone of the criticisms being leveled at
the Administration.

The principal complaints we now hear are not that the measures are
unconstitutional, but rather that the Justice Department has engaged
in insufficient consultation with Congress, or with this Committee,
before announcing them.

I have a couple of observations on this topic. First, let's put this
issue in perspective. We are at war. We are battling an enemy
committed to the absolute, unconditional destruction of our society.
The principal means that the enemy employs toward this goal is the
killing of our civilians in their homes and their places of business.
To the extent that this war is being waged on American soil, the
Attorney General is one of our leaders in this war. I would hope that,
in this time of crisis, we could all check our egos, and for the good
of the country, look at the merits of these proposals rather than the
manner in which they are packaged.

I'm not saying that we don't have a solemn obligation to assess the
Department's actions to ensure that they are both effective and
sufficiently protective of our civil liberties. But do any of the
members of this Committee really believe that, in this time of crisis,
the American people -- those who live outside the Capital Beltway --
really care whether the President, the Secretary of Defense, or the
Attorney General took the time to pick up the telephone and call us
prior to implementing these emergency measures? I implore my
colleagues let's keep our focus where it matters -- on protecting our
citizens.

Certainly, the American people are not interested in watching us
quibble about whether we should provide more rights than the
Constitution requires to the criminals and terrorists who are devoted
to killing our people. They are interested in making sure we protect
our country against terrorist attacks.

To those of you who say that our input is necessary to make sure that
these measures are done right, I say: look around, look at the actions
of the President, what do you think is happening?

President Bush could have proceeded as President Franklin D. Roosevelt
did in 1942. He could have privately called the Secretary of Defense
and had him start working, confidentially, on procedures for military
tribunals. Three months from now, President Bush could have announced:
we have captured some terrorists in Afghanistan, we will try them by
military tribunal, and here are the procedures for the tribunals that
have been established by the Secretary of Defense.

President Bush did not proceed that way. Instead, he -- responsibly in
my opinion -- announced that he wanted military tribunals to be one
option for trying unlawful combatants against this country. He
publicly tasked the Secretary of Defense with drafting the procedures
to be employed. Since then, this Committee, the Armed Services
Committee, numerous law professors, and just about every pundit with a
microphone or a typewriter have each expressed their opinion as to how
those procedures should be written. That is consultation.

And to show how serious the President is about this process, he
reserved to himself the ultimate designation as to who will be tried
in military tribunals -- unlike FDR, who delegated the decision to
members of our armed forces.

Mr. Chairman, there is no real question remaining as to the
constitutionality of the Administration's initiatives to date. I thank
you for your dedication to oversight, and I am hopeful that today's
hearing will proceed as a fair examination into the Administration's
actions to stop terrorists and save American lives. I thank you for
this hearing and I thank the Attorney General for his willingness to
be present and for his responsiveness to our oversight requests.


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06 December 2001

Ashcroft Says Terrorism Investigation Aims to Protect Lives

(Rights of detained are being protected, he says) (2880)

U.S. Attorney General John Ashcroft says efforts by the Justice
Department, as well as a proposed military tribunal, have been crafted
to target terrorists, while attempting to save lives.

"Our legal powers are targeted at terrorists. Our investigation is
focused on terrorists. Our prevention strategy targets the terrorist
threat," Ashcroft said in prepared testimony before the Senate
Judiciary Committee December 6. "Our efforts have been carefully
crafted to avoid infringing on constitutional rights while saving
American lives."

The Senate Judiciary Committee has conducted a series of hearings on
the powers and aggressive investigative tactics being exercised by the
Justice Department following the September 11th terrorist attacks on
the United States. Ashcroft testified December 6 on measures that have
been taken by the Bush administration to counteract terrorism,
authorized in part by anti-terrorism legislation sought by the
president and passed by Congress since the attacks.

Ashcroft said that currently the U.S. government has brought criminal
charges against 110 individuals, of whom 60 are in custody, and the
Immigration and Naturalization Service has detained 563 individuals on
immigration violations.

"We have engaged in a deliberate campaign of arrest and detention of
law breakers," he said. "All persons being detained have the right to
contact their lawyers and their families. Out of respect for their
privacy, and concern for saving lives, we will not publicize the names
of those detained."

The Justice Department is monitoring conversations of 16 of the
158,000 inmates now in federal custody and their attorneys because
these communications are suspected of facilitating acts of terrorism,
he said. Nevertheless, he said each prisoner has been told in advance
that his conversations will be monitored.

"Information will only be used to stop impending terrorist acts and
save American lives," Ashcroft said.

And Ashcroft said the Justice Department and the Federal Bureau of
Investigation (FBI) are seeking to question a limited number of
individuals who are visiting the United States on passports from
countries with active al-Qaida operations.

"We are forcing them to do nothing," he said. "We are merely asking
them to do the right thing: to willingly disclose information they may
have of terrorist threats to the lives and safety of all people in the
United States."

Ashcroft also told the Judiciary Committee that he and FBI officials
have met with members of Congress and their staffs on more than 100
occasions since September 11th to keep them informed of actions being
taken in the 87-day-old investigation.

Following is the text of Ashcroft's remarks as prepared for delivery:

(begin text)

Testimony of Attorney General John Ashcroft
Senate Committee on the Judiciary
(NOTE: THE ATTORNEY GENERAL OFTEN DEVIATES FROM PREPARED REMARKS)
December 6

Mr. Chairman, Senator Hatch, members of the Judiciary Committee, thank
you for this opportunity to testify today. It is a pleasure to be back
in the United States Senate.

On the morning of September 11, as the United States came under
attack, I was in an airplane with several members of the Justice
Department en route to Milwaukee, in the skies over the Great Lakes.
By the time we could return to Washington, thousands of people had
been murdered at the World Trade Center. 189 were dead at the
Pentagon. Forty-four had crashed to the ground in Pennsylvania. From
that moment, at the command of the President of the United States, I
began to mobilize the resources of the Department of Justice toward
one single, over-arching and over-riding objective: to save innocent
lives from further acts of terrorism.

America's campaign to save innocent lives from terrorists is now 87
days old. It has brought me back to this committee to report to you in
accordance with Congress's oversight role. I welcome this opportunity
to clarify for you and the American people how the Justice Department
is working to protect American lives while preserving American
liberties.

Since those first terrible hours of September 11, America has faced a
choice that is as stark as the images that linger of that morning. One
option is to call September 11 a fluke, to believe it could never
happen again, and to live in a dream world that requires us to do
nothing differently. The other option is to fight back, to summon all
our strength and all our resources and devote ourselves to better ways
to identify, disrupt and dismantle terrorist networks.

Under the leadership of President Bush, America has made the choice to
fight terrorism -- not just for ourselves but for all civilized
people. Since September 11, through dozens of warnings to law
enforcement, a deliberate campaign of terrorist disruption, tighter
security around potential targets, and a preventative campaign of
arrest and detention of lawbreakers, America has grown stronger -- and
safer -- in the face of terrorism.

Thanks to the vigilance of law enforcement and the patience of the
American people, we have not suffered another major terrorist attack.
Still, we cannot -- we must not -- allow ourselves to grow complacent.
The reasons are apparent to me each morning. My day begins with a
review of the threats to Americans and American interests that were
received in the previous 24 hours. If ever there were proof of the
existence of evil in the world, it is in the pages of these reports.
They are a chilling daily chronicle of hatred of America by fanatics
who seek to extinguish freedom, enslave women, corrupt education, and
to kill Americans wherever and whenever they can.

The terrorist enemy that threatens civilization today is unlike any we
have ever known. It slaughters thousands of innocents -- a crime of
war and a crime against humanity. It seeks weapons of mass destruction
and threatens their use against America. No one should doubt the
intent, nor the depth, of its consuming, destructive hatred.

Terrorist operatives infiltrate our communities -- plotting, planning
and waiting to kill again. They enjoy the benefits of our free society
even as they commit themselves to our destruction. They exploit our
openness -- not randomly or haphazardly -- but by deliberate,
premeditated design.

This is a seized al-Qaida training manual -- a "how-to" guide for
terrorists -- that instructs enemy operatives in the art of killing in
a free society. Prosecutors first made this manual public in the trial
of the al-Qaida terrorists who bombed U.S. embassies in Africa. We are
posting several al-Qaida lessons from this manual on our website today
so Americans can know our enemy.

In this manual, al-Qaida terrorists are told how to use America's
freedom as a weapon against us. They are instructed to use the
benefits of a free press -- newspapers, magazines and broadcasts -- to
stalk and kill their victims. They are instructed to exploit our
judicial process for the success of their operations. Captured
terrorists are taught to anticipate a series of questions from
authorities and, in each response, to lie -- to lie about who they
are, to lie about what they are doing and to lie about who they know
in order for the operation to achieve its objective. Imprisoned
terrorists are instructed to concoct stories of torture and
mistreatment at the hands of our officials. They are directed to take
advantage of any contact with the outside world to, quote,
"communicate with brothers outside prison and exchange information
that may be helpful to them in their work. The importance of mastering
the art of hiding messages is self-evident here."

Mr. Chairman and members of the committee, we are at war with an enemy
who abuses individual rights as it abuses jet airliners: as weapons
with which to kill Americans. We have responded by redefining the
mission of the Department of Justice. Defending our nation and its
citizens against terrorist attacks is now our first and overriding
priority.

We have launched the largest, most comprehensive criminal
investigation in world history to identify the killers of September 11
and to prevent further terrorist attacks. Four thousand FBI agents are
engaged with their international counterparts in an unprecedented
worldwide effort to detect, disrupt and dismantle terrorist
organizations.

We have created a national task force at the FBI to centralize control
and information sharing in our investigation. This task force has
investigated hundreds of thousands of leads, conducted over 500
searches, interviewed thousands of witnesses and obtained numerous
court-authorized surveillance orders. Our prosecutors and agents have
collected information and evidence from countries throughout Europe
and the Middle East.

Immediately following the September 11 attacks, the Bureau of Prisons
acted swiftly to intensify security precautions in connection with all
al-Qaida and other terrorist inmates, increasing perimeter security at
a number of key facilities.

We have sought and received additional tools from Congress. Already,
we have begun to utilize many of these tools. Within hours of passage
of the USA PATRIOT Act, we made use of its provisions to begin
enhanced information sharing between the law-enforcement and
intelligence communities. We have used the provisions allowing
nationwide search warrants for e-mail and subpoenas for payment
information. And we have used the Act to place those who access the
Internet through cable companies on the same footing as everyone else.

Just yesterday, at my request, the State Department designated 39
entities as terrorist organizations pursuant to the USA PATRIOT Act.

We have waged a deliberate campaign of arrest and detention to remove
suspected terrorists who violate the law from our streets. Currently,
we have brought criminal charges against 110 individuals, of whom 60
are in federal custody. The INS has detained 563 individuals on
immigration violations.

We have investigated more than 250 incidents of retaliatory violence
and threats against Arab Americans, Muslim Americans, Sikh Americans
and South Asian Americans.

Since September 11, the Customs Service and Border Patrol have been at
their highest state of alert. All vehicles and persons entering the
country are subjected to the highest level of scrutiny. Working with
the State Department, we have imposed new screening requirements on
certain applicants for non-immigrant visas. At the direction of the
President, we have created a Foreign Terrorist Tracking Task Force to
ensure that we do everything we can to prevent terrorists from
entering the country, and to locate and remove those who already have.

We have prosecuted to the fullest extent of the law individuals who
waste precious law enforcement resources through anthrax hoaxes.

We have offered non-citizens willing to come forward with valuable
information a chance to live in this country and one day become
citizens.

We have forged new cooperative agreements with Canada to protect our
common borders and the economic prosperity they sustain.

We have embarked on a wartime reorganization of the Department of
Justice. We are transferring resources and personnel to the field
offices where citizens are served and protected. The INS is being
restructured to better perform its service and border security
responsibilities. Under Director Bob Mueller, the FBI is undergoing an
historic reorganization to put the prevention of terrorism at the
center of its law enforcement and national security efforts.

Outside Washington, we are forging new relationships of cooperation
with state and local law enforcement.

We have created 93 Anti-Terrorism Task Forces -- one in each U.S.
Attorney's district -- to integrate the communications and activities
of local, state and federal law enforcement.

In all these ways and more, the Department of Justice has sought to
prevent terrorism with reason, careful balance and excruciating
attention to detail. Some of our critics, I regret to say, have shown
less affection for detail. Their bold declarations of so-called fact
have quickly dissolved, upon inspection, into vague conjecture.
Charges of "kangaroo courts" and "shredding the Constitution" give new
meaning to the term, "the fog of war."

Since lives and liberties depend upon clarity, not obfuscation, and
reason, not hyperbole, let me take this opportunity today to be clear:
Each action taken by the Department of Justice, as well as the war
crimes commissions considered by the President and the Department of
Defense, is carefully drawn to target a narrow class of individuals --
terrorists. Our legal powers are targeted at terrorists. Our
investigation is focused on terrorists. Our prevention strategy
targets the terrorist threat.

Since 1983, the United States government has defined terrorists as
those who perpetrate premeditated, politically motivated violence
against noncombatant targets. My message to America this morning,
then, is this: If you fit this definition of a terrorist, fear the
United States, for you will lose your liberty.

We need honest, reasoned debate; not fear mongering. To those who pit
Americans against immigrants, and citizens against non-citizens; to
those who scare peace-loving people with phantoms of lost liberty; my
message is this: Your tactics only aid terrorists -- for they erode
our national unity and diminish our resolve. They give ammunition to
America's enemies, and pause to America's friends. They encourage
people of good will to remain silent in the face of evil.

Our efforts have been carefully crafted to avoid infringing on
constitutional rights while saving American lives. We have engaged in
a deliberate campaign of arrest and detention of lawbreakers. All
persons being detained have the right to contact their lawyers and
their families. Out of respect for their privacy, and concern for
saving lives, we will not publicize the names of those detained.

We have the authority to monitor the conversations of 16 of the
158,000 federal inmates and their attorneys because we suspect that
these communications are facilitating acts of terrorism. Each prisoner
has been told in advance his conversations will be monitored. None of
the information that is protected by attorney-client privilege may be
used for prosecution. Information will only be used to stop impending
terrorist acts and save American lives.

We have asked a very limited number of individuals -- visitors to our
country holding passports from countries with active Al-Qaida
operations -- to speak voluntarily to law enforcement. We are forcing
them to do nothing. We are merely asking them to do the right thing:
to willingly disclose information they may have of terrorist threats
to the lives and safety of all people in the United States.

Throughout all our activities since September 11, we have kept
Congress informed of our continuing efforts to protect the American
people. Beginning with a classified briefing by Director Mueller and
me on the very evening of September 11, the Justice Department has
briefed members of the House, the Senate and their staffs on more than
100 occasions.

We have worked with Congress in the belief and recognition that no
single branch of government alone can stop terrorism. We have
consulted with members out of respect for the separation of powers
that is the basis of our system of government. However, Congress'
power of oversight is not without limits. The Constitution
specifically delegates to the President the authority to "take care
that the laws are faithfully executed." And perhaps most importantly,
the Constitution vests the President with the extraordinary and sole
authority as Commander-in-Chief to lead our nation in times of war.

Mr. Chairman and members of the committee, not long ago I had the
privilege of sitting where you now sit. I have the greatest reverence
and respect for the constitutional responsibilities you shoulder. I
will continue to consult with Congress so that you may fulfill your
constitutional responsibilities. In some areas, however, I cannot and
will not consult you.

The advice I give to the President, whether in his role as
Commander-in-Chief or in any other capacity, is privileged and
confidential. I cannot and will not divulge the contents, the context,
or even the existence of such advice to anyone -- including Congress
-- unless the President instructs me to do so. I cannot and will not
divulge information, nor do I believe that anyone here would wish me
to divulge information, that will damage the national security of the
United States, the safety of its citizens or our efforts to ensure the
same in an ongoing investigation.

As Attorney General, it is my responsibility -- at the direction of
the President -- to exercise those core executive powers the
Constitution so designates. The law enforcement initiatives undertaken
by the Department of Justice, those individuals we arrest, detain or
seek to interview, fall under these core executive powers. In
addition, the President's authority to establish war-crimes
commissions arises out of his power as Commander in Chief. For
centuries, Congress has recognized this authority and the Supreme
Court has never held that any Congress may limit it.

In accordance with over two hundred years of historical and legal
precedent, the executive branch is now exercising its core
Constitutional powers in the interest of saving the lives of
Americans. I trust that Congress will respect the proper limits of
Executive Branch consultation that I am duty-bound to uphold. I trust,
as well, that Congress will respect this President's authority to wage
war on terrorism and defend our nation and its citizens with all the
power vested in him by the Constitution and entrusted to him by the
American people.

Thank you.


Source: http://usinfo.state.gov/cgi-bin/washfile/display.pl?p=/products/washfile/latest&f=01120605.plt&t=/products/washfile/newsitem.shtml

06 December 2001

Senators Say Bush Antiterror Approach Legal, But Needs Safeguards

(Ashcroft justifies tribunals before Judiciary Committee) (1060)
By Ralph Dannheisser
Washington File Congressional Correspondent

Washington -- Antiterrorism measures put in effect by the Bush
administration may well be legal and constitutional, but could use
some legislative fine tuning to make sure they don't open the door to
abuse of civil liberties, key members of the Senate Judiciary
Committee say.

Members outlined their views on administration plans for trying
suspected terrorists by military tribunals and monitoring the
conversations of some accused individuals with their lawyers -- as
well as the detention of hundreds of individuals for alleged
immigration violations -- as they questioned Attorney General John
Ashcroft at a December 6 hearing.

Some civil rights groups have argued that the new administration
measures violate rights guaranteed in the U.S. Constitution.

But Ashcroft told the committee that the controversial measures are
needed to thwart terrorists who are "waiting to kill again."

"One option is to call September 11 a fluke and to live in a dream
world that requires us to do nothing different," he said. "The other
option is to fight back." He promised "full and fair proceedings" in
the projected military tribunals.

Judiciary Committee Chairman Patrick Leahy (Democrat, Vermont) set the
tone for the committee hearing when he told Ashcroft he planned to
introduce a bill authorizing the president to establish military
tribunals to try terrorists, but only those captured abroad and
accused of having connections with the September 11 attacks on the
World Trade Center in New York and the Pentagon near Washington, D.C.

"Ultimately, the question is not only whether our government has the
right or the power to take certain actions and in certain ways, but
whether the means we choose truly protect our security," Leahy said.
He invited Ashcroft -- a former senator -- to join with committee
members in "exploring a consensus charter for tribunals."

Citing the need for congressional oversight, Leahy argued that the
point is not "as some mistakenly describe it, to protect terrorists"
but rather "to protect ourselves and our freedoms." The Constitution,
he declared, "does not need protection when its guarantees are
popular, but it very much needs our protection when events tempt us
to, 'just this once,' abridge its guarantees of our freedom."

The argument for cautious application of the new approaches introduced
by the administration -- even if they are constitutional -- was
expanded upon by Senator Herb Kohl (Democrat, Wisconsin).

Kohl said that congressional insistence that basic civil liberties be
protected, even as the war on terrorism is pursued, "does not indicate
a lack of trust or patriotism." Rather, he said, "it demonstrates the
strength and durability of our democracy."

The senator said that certain "basic principles" must be respected if
military tribunals are used.

A clear understanding is needed of who will be subject to the
tribunal, Kohl maintained. Additionally, defendants must be granted
the assistance of counsel, the standard of proof must be at least as
high as "guilt by clear and convincing evidence," a unanimous vote of
the jurors must be required to impose the death penalty, and the
system must guarantee the defendant the right to a meaningful appeal,
he said.

Citing the impact U.S. actions could have abroad, Kohl observed that
Americans are outraged "when we hear about Americans abroad who are
subject to foreign or military courts," or "when we hear that the
Americans on trial may not get an attorney, an impartial jury, or a
fair chance to defend themselves.

"We should never open our country to that kind of criticism from
abroad," Kohl said.

Ashcroft, for his part, sought to quiet concerns that the
administration's new approaches could be employed broadly enough to
put civil liberties at risk. "Each action taken by the Department of
Justice, as well as the war crimes commissions considered by the
president and the Department of Defense, is carefully drawn to target
a narrow class of individuals -- terrorists," the attorney general
said.

Noting that the U.S. government defines terrorists as those who commit
premeditated, politically motivated violence against noncombatant
targets, Ashcroft declared, "My message to America this morning, then,
is this: If you fit this definition of a terrorist, fear the United
States, for you will lose your liberty."

Ashcroft's comments were warmly endorsed by Senator Orrin Hatch of
Utah, the senior Republican on the committee, who said two weeks of
hearings have shown that "the vast weight of legal authority confirms
the constitutionality of military tribunals."

Like Ashcroft, he argues that any discussion of the fairness of the
procedures to be used would be both premature -- since the
administration has yet to spell out those procedures -- and
misdirected, if addressed to Ashcroft, "because it is Secretary of
Defense Rumsfeld, not (Attorney) General Ashcroft, who is charged with
drafting (them)."

Press reports earlier December 6 that the Justice Department had
barred the FBI from checking its record of criminal background checks
to see whether any of some 1,200 people detained after the September
11 attacks had bought guns set the stage for a lively exchange between
Ashcroft and Senator Charles Schumer (Democrat, New York).

Ashcroft, a staunch defender of the right of Americans to own guns,
insisted in response to questioning by Schumer that current law does
not permit use of the background check information in investigating
individuals.

An incredulous Schumer declared that the administration, eager to push
all other law enforcement approaches, appeared to become "weak as a
wet noodle" when it came to an issue of gun ownership. He cited
reports that 34 detainees had, indeed, purchased guns illegally.

The senator, long a supporter of gun controls, said he believes that
the administration already has full authority to use the database --
called the National Instant Check System. But just to make sure, he
said, he would swiftly introduce legislation to clarify the point.

Ashcroft avoided answering repeated inquiries by Schumer as to whether
he would support such a bill when offered. "If you send me the
legislation, I'll review it. If you pass the legislation, I'll enforce
it," he said in response to two different formulations of the
question.