Eric Holder: The Complete Interview

CBS Evening News: Katie Couric Asks The Attorney General About Prosecutorial Malfeasance, State Secrets, Gun Laws And More

(CBS) 
Couric: What about reinstating the - assault weapons ban and closing the gun show loophole? Do you think that would stop the flow of weapons into Mexico from the U.S.?

Holder: Well, I think the thing we need to do is come up with those things we can do right away. And we're gonna be moving 100 ATF agents to the border. About 26 - DEA agents to the border. And that'll happen over the - course of the next 30 days or so. And I think that'll have a pretty dramatic impact on - reducing the flow of weapons - into Mexico.

Couric: You pledged - as you just mentioned, you pledged greater cooperation between the U.S. and Mexico. But given the fact that corruption, as you know, has infiltrated almost every level of law enforcement in Mexico, how will you know the intelligence - intelligence you receive will be accurate?

Holder: Well, I think the American people have to understand that the Mexican government is committed, in a very substantial way, to eradicating the effect of the impact of the cartels on Mexico. We have - what are called vetted units down there. Units that have been vetted by our law enforcement people there, the people with whom we deal - primarily.

But there have been a great number of sacrifices. A lot of people in Mexico have paid - in law enforcement, have paid the ultimate price in this battle against the cartels. And I think we have to support them in every way that we can. And we will.

Couric: How concerned, though, are you - attorney general Holder, about corruption within the ranks of law enforcement in Mexico?

Holder: Well, it - that's clearly a problem. And the attorney general of Mexico will - will tell you that. When you have that amount of money that's flowing - through any country, it has an impact, or has the potential to have an impact - on - society generally. And law enforcement - is no different.

And that's why these units are so important. Why the Mexican attorney general, why the Mexican president have made - an anti corruption battle such an important part of their overall fight against the cartels.

Couric: But that does make cooperation pretty challenging.

Holder: Well, it makes it challenging, but not impossible. And we've come up with ways in which we - are able to share intelligence with - those who are with us in - in these battles against these (UNINTEL).

Couric: President Obama announced he wanted to close Guantanamo within a year. Something - wait sorry. President Obama announced he wanted to close Guantanamo within a year. Where are you going to put the approximately 250 detainees who are currently there?

Holder: Well, there are about 250 detainees there. We make individualized determinations as to who will be released, who will be tried. We also have a detention - review policy under way. And those people, in the - detention review policy team, will make determinations as to where - people can appropriately be placed. No determinations have been made at this point.

But - at least - (CLEARS THROAT) one person has been - relocated to - to England. One person has been - been placed in the article three courts and will - will be tried. And we'll make a case by case determination as to where - the detainees go.

Couric: There are some third party countries who have expressed willingness to absurd some of these people.

Holder: Yes, there are. Not really at liberty to discuss who they are. But I will say that I have had contact with my - European union - counterparts and talked about the possibility of them accepting - detainees. And the one thing they've asked is that we share with them as much information as we can about who these people are. And we'll, obviously, do that.

Couric: Is there any chance that some of the high value detainees, I believe there are 14 of them currently in custody, will be transferred to U.S. prisons?

Holder: It's hard to say. At this point, we are, again, making these individualized determinations. And it's not clear where any of the detainees will ultimately end up. But what we will make sure we do is that the American people will be safe with regard to whatever decisions that we make. That is foremost - in our minds.

Couric: Recently, a federal judge who presided over the case of Musawi - Zacharias Musawi, said that civilian courts of capable of handling high profile terrorism cases. Do you agree with that assessment?

Holder: Yeah, I think, by and large, that's - that's probably true. Again, we'll have to make these determinations on a case by case basis. But we will bring, I think, a substantial number of those people who we decide to charge in article three courts. Others might be taken to - military courts. Others perhaps, to these military tribunals with - some enhanced - enforcement with some - enhance - enhanced measures.

Couric: But some of these cases involve classified information. Wouldn't that compromise national security, if discussed in open court?

Holder: Well, that's one of the reasons why we have to come up with, perhaps, alternatives to article three courts. Though article three courts do have the ability to handle classified information -

Couric: -three courts are to viewers who may not be familiar with that?

Holder: Article three courts are just our regular federal courts. They have dealt with classified information - over the years. And there are ways in which you can have trials in federal courts - without disclosing - classified information.

Couric: There is also the issue of the treatment of some of the detainees. For example, alleged 9/11 mastermind, Khalid Sheikh Mohammed. It's been reported that he was water boarded. You have come out publicly and said water boarding is torture. So how would that stand up in civilian court?

Holder: Well, that's one of the issues that we'd have to deal with. Try to figure out - exactly what we can do with detainees who have - have been subjected to these enhanced interrogation techniques. And whether that - poses a problem in bringing - tryable cases. And so, we have to look at these cases, again, on an individual basis and then decide where they best can be tried.

Couric: Senator Patrick Lahey has suggested a special commission to investigate whether federal crimes were committed when it comes to things like water boarding. Do you think that's a good idea?

Holder: Well, I think that's something that, you know, Senator Lahey, the people in the senate judiciary committee, the president will ultimately have to decide. My job is really to focus on the people who are in Guantanamo now and try to come up with ways in which we deal with them. And my focus is on either trying them or releasing them.

Couric: If water boarding, in your view, is torture, what do you think is the most effective technique to get information from, say - an avowed terrorist planning a massive attack?

Holder: Well, I think, if you look at the army field manual, there are a number of techniques that are used there. If you also look at the way in which the FBI - interacts with - with - with people, with people who are in - in custody, I think the FBI is very effective in eliciting information - from suspects, from detainees. And I think - had we used - FBI techniques in the cases that - we're now discussing, we probably wouldn't be dealing with many of the situations that we now have.

Couric: Can you give me a - a few examples of those FBI techniques?

Holder: Well, they - spend time - with the person who's being questioned. They - in some way - establish a trust relationship with them. And then, information seems to flow. The FBI has done a good job throughout it's history, and actually did a good job in interacting with the detainees - who they - who they had - interaction with.