President Defends Military Tribunals
President Bush said Monday he's not the least bit concerned that U.S. allies are balking at administration plans to prosecute suspected terrorists before military tribunals.
"It is the right decision to make and I will explain that to any leader who asks," Mr. Bush said during a brief news conference in the White House Rose Garden.
The president responded to a decision by Spain not to extradite a group of al-Qaida suspects it has in custody unless the United States promises that the suspects won't face the death penalty or trial in a military court.
Mr. Bush, a supporter of the death penalty, signed an order earlier this month allowing the Pentagon to form military courts to try non-U.S. citizens suspected of terrorism. The action has been criticized by members of Congress and civil libertarians who say the U.S. civilian court system and due-process protections should be made available to terrorism suspects.
"I look forward to explaining to my friend, the president of Spain, why I made the decision. It makes imminent sense to have the military tribunal option available," Mr. Bush said. "It makes sense for national security purposes. It makes sense for the protection of potential jurors and it makes sense for homeland security."
White House lawyers have said military tribunals could be conducted in secret outside the United States to protect against retaliation and the exposure of U.S. intelligence.
Mr. Bush's order has drawn fire from both Democrats and Republicans, as has Justice Department approval of eavesdropping on conversations between defense lawyers and some terrorist suspects.
"Just a few weeks ago, the administration asked us for new authority to declare certain crimes terrorism so they could be tried in the courts of America," Sen. Richard Durbin, D-Ill., said on CNN's "Late Edition."
"I think the administration, and the attorney general specifically, need to come forward in the next week or so and spell out in more detail what the lines are, how they'll draw them and define them, in terms of applying these military tribunals."
Meanwhile, Attorney General John Ashcroft said Monday he won't name all those detained in the terrorism investigation because he doesn't want to create a "public blacklist" that would violate their privacy or aid Osama bin Laden.
"The law properly prevents the department from creating a public blacklist of detainees that would violate their rights," Ashcroft told a news conference called to announce his appointment of a special master to oversee compensation to victims of Sept. 11.
More than 1,000 individuals across the country have been detailed by federal and state authorities investigating the terrorist attacks on New York and Washington. Most are being held on immigration violations; others are charged with unrelated criminal offenses or being held as material witnesses.
Civil libertarians have criticized the Justice Department for not providing more information about thoe detained.
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Ashcroft, who plans to appear before Congress in early December to defend the president's anti-terrorism campaign, said no one has been detained who has not violated some federal law, and no detainee has been denied the right to contact a lawyer. "They are not being held in secret," he said.
Providing a complete list of the detainees, Ashcroft said, also might be helpful to Osama bin Laden, whom U.S. authorities have named as the prime suspect behind the Sept. 11 attacks.
"If he wants such a list, he'll have to try and assemble it himself," Ashcroft said.
In a related matter, a Justice Department memo outlined the questions for federal investigators to ask 5,000 male foreigners, ages 18 to 33. The men come from countries in the Middle East and elsewhere, and entered the United States after Jan. 1, 2000. While the men are not suspected of any crimes, officials hope they can help with the investigation.
The memo, first reported by the Detroit Free Press, tells investigators to ask whether the person knows anyone who has fought in a war; anyone who reacted in a "surprising or inappropriate way" to the Sept. 11 attacks; anyone involved in terrorism or willing to carry out terrorist attacks; or anyone with access to guns, explosives or chemical or biological weapons such as anthrax.
Sen. Richard Shelby, R-Ala., appearing on NBC, rejected any assertion that the department was engaged in racial profiling of Arabs. "You've got to go where the evidence leads you," he said.
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