00:00:00:00 SOT E.P. Thompson (Founder of Europeans for Nuclear-Disarmament) in CNN Studio, D.C. on nuclear freeze. (0:00)/

HOUSE APPROPRIATIONS SUBCOMMITTEE ON COMMERCE, JUSTICE HEARING WITH ATTORNEY GENERAL ERIC HOLDER. 14:03:25 THE PLAN CALLS FOR A 5.4% BUNT INCREASE AT THE JUSTICE 14:03:29 DEPARTMENT WITH TOTAL SPENDING OF ABOUT $29 BILLION. 14:03:32 THIS IS HIVE COVERAGE ON C-SPAN3. 14:03:39 >> I WOULD LIKE TO START OFF BY RECOGNIZING JUST A FEW OF THE 14:03:44 NUMEROUS POSITIVE DEVELOPMENTS WE'VE SEEN AT THE DEPARTMENT OF 14:03:48 JUSTICE OVER THE LAST YEAR. UNDER YOUR LEADERSHIP THE 14:03:51 DEPARTMENT HAS SHOWN RENEWED COMMITMENT TO ENFORCEMENT 14:03:54 COMMISSIONS INCLUDING INTERNATIONAL ORGANIZED CRIME, 14:03:56 DRUG TRAFFICKING AND CIVIL RIGHTS. 14:03:58 YOU HAVE PLACED A NEW EMPHASIS ON FUNDING EFFECTIVE STATE AND 14:04:02 LOCAL GRANT PROGRAMS, INCLUDING THE COPS HIRING PROGRAM WHICH 14:04:07 SAVES OR CAUSED NEARLY 5,000 JOBS THROUGH THE STIMULUS 14:04:13 FUNDING PROVIDED BY THIS COMMITTEE LAST YEAR. 14:04:17 YOU'VE SEEN A NEW AND FAIRLY COMPREHENSIVE COMMITMENT BY THE 14:04:21 DEPARTMENT OF JUSTICE TO BEGIN ADDRESSING THE TRULY DEPLORABLE 14:04:26 LAW ENFORCEMENT SITUATION IN INDIAN COUNTRY. 14:04:27 THIS COMMITMENT IS REFLECTED IN YOUR BUDGET REQUEST, WHICH HAS 14:04:30 INDIAN COUNTRY INCREASES ALMOST ACROSS THE BOARD. 14:04:35 WE CERTAINLY WELCOME THAT AS WE INITIATED SUCH INVESTMENTS IN 14:04:38 THIS VERY COMMITTEE LAST YEAR. FINALLY, I'VE BEEN PLEASED TO 14:04:44 SEE VIOLENT CRIME RATES HAVE CONTINUED TO DECREASE OVER THE 14:04:48 PAST TWO YEARS DESPITE CONTINUING ECONOMIC DISTRESS 14:04:50 THAT SEEMED LIKELY TO PRODUCE THE OPPOSITE RESULT. 14:04:53 TO THE EXTENT THAT THE DEPARTMENT OF JUSTICE IS A 14:04:57 NATIONAL LAW ENFORCEMENT LEADER, YOU SHARE IN THAT SUCCESS ALONG 14:05:01 WITH YOUR STATE AND LOCAL PARTNERS. 14:05:04 WHILE WE ENJOY AND APPRECIATE THE SUCCESSES, MR. ATTORNEY 14:05:08 GENERAL, THE DEPARTMENT ALSO HAS ITS SHARE OF CHALLENGES. 14:05:12 ONE OF THE MOST VISIBLE OF THESE CHALLENGES IS THE ENORMOUS AND 14:05:16 GROWING WORKLOAD OF WHITE COLLAR CRIME CASES. 14:05:20 YOUR CURRENT LOAD OF MORTGAGE, SECURITIES AND GOVERNMENT FRAUD 14:05:25 CASES COVERS BILLIONS AND BILLIONS OF DOLLARS OF REALIZED 14:05:29 LOSSES AND YOU ONLY JUST STARTED TO SCRATCH THE SURFACE. 14:05:32 ANOTHER LOOMING ISSUE IS THE BURGEONING FEDERAL INMATE 14:05:36 POPULATION, WHICH IS INCREASINGLY OUTSTRIPPING THE 14:05:39 CAPACITY OF OUR PRISON SYSTEM. PERHAPS YOU HAVE HAD NO GREATER 14:05:45 CHALLENGE SINCE ARRIVING AT DEPARTMENT JUSTICE THAN WORKING 14:05:48 TO FULFILL THE PRESIDENT'S COMMITMENT TO CLOSE THE 14:05:51 DETENTION FACILITIES AT GUANTANAMO BAY. 14:05:54 THE PROCESS OF CLOSING GUANTANAMO ACTUALLY BEGAN UNDER 14:05:59 PRESIDENT BUSH. HE WORKED TO REDUCE THE DETAINEE 14:06:03 POPULATION BY MORE THAN 500 DETAINEES, ALL WITHOUT 14:06:07 INVOLVEMENT BY THE CONGRESS AND WITHOUT ANY PUBLICITY, 14:06:13 PUBLICALLY DISCERNIBLE PROCESS FOR CHOOSING WHOM TO RELEASE AND 14:06:17 UNDER WHAT TERMS. THIS ADMINISTRATION PLACED THAT 14:06:24 AD HOC SYSTEM ASIDE AND REPLACED IT WITH A FORMALIZED CONSISTENT 14:06:28 PROCESS FOR REVIEWING EACH DETAINEE AND DETERMINING THE 14:06:32 SAFEST, MOST APPROPRIATE DISPOSITION FOR HIM. 14:06:35 YOUR SYSTEM ENSURES THAT THE GOVERNMENT'S MILITARY, 14:06:41 INTELLIGENCE, LAW ENFORCEMENT, HOMELAND SECURITY AND DIPLOMATIC 14:06:45 COMMUNITIES HAVE REVIEWED EACH CASE AND COME TO AGREEMENT ON 14:06:49 EACH OUTCOME. I THINK HAVING SUCH A SYSTEM 14:06:51 THAT WE CAN SIT HERE AND DISCUSS TODAY IN A WAY WE NEVER COULD 14:06:57 HAVE UNDER AN AD HOC PROCESS IS AN ACHIEVEMENT IN ITS OWN RIGHT. 14:07:02 WHILE REASONABLE PEOPLE MIGHT DISAGREE ABOUT SOME OF THE 14:07:05 SPECIFIC OUTCOMES YOUR SYSTEM PRODUCED, I DON'T THINK ANYONE 14:07:09 SHOULD DISPUTE THAT THE SYSTEM ITSELF WAS WELL SEENED AND HAD 14:07:15 INTEGRITY. YOUR PROCESS ULTIMATELY PRODUCED 14:07:17 RECOMMENDATIONS TO BRING A SMALL NUMBER OF GUANTANAMO DETAINEES 14:07:21 HERE TO THE U.S. FOR PROSECUTION. 14:07:24 THOSE RECOMMENDATIONS GENERATED AN ENORMOUS AMOUNT OF DEBATE AND 14:07:29 ENGENDERED AN ENTRENCHED OPPOSITION THAT WOULD LIKE TO 14:07:33 LIMIT THE DETAINEES PROSECUTION EXCLUSIVELY TO THE MILITARY 14:07:38 SYSTEM. I SUPPORT THE REFORM MILITARY 14:07:39 COMMISSION PROCESS AND BELIEVE THERE ARE TIMES WHEN A 14:07:43 COMMISSION MAY BE THE ONLY APPROPRIATE VENUE, THE ONLY 14:07:47 APPROPRIATE FORM BASED ON CONSIDERATIONS LIKE 14:07:51 ADMISSIBILITY OF EVIDENCE OR THE NEED TO PROTECT INTELLIGENCE 14:07:55 COURSES AND METHODS, BUT THERE ARE EQUALLY VALID REASONS WHY AN 14:07:58 ARTICLE III OR CIVILIAN COURT MAY BE JUST AS NECESSARY AND 14:08:03 JUST AS APPROPRIATE. ARTICLE III TRIALS CAN BE 14:08:06 SIGNIFICANTLY SHORTER GIVEN THEIR BROADER AUTHORITY TO 14:08:08 ACCEPT GUILTY PLEAS, CERTAINLY. SOME OF OUR ALLIES WILL NOT 14:08:13 COOPERATE WITH OUR PROSECUTION EFFORTS OUTSIDE OF THE CIVILIAN 14:08:18 SYSTEM. SOME CASES PRESENT LEGAL OR 14:08:21 OPERATIONAL ISSUES THAT REQUIRE THE ACCUMULATED LEGAL PRECEDENCE 14:08:24 AND RULES OF COURTROOM PROCEDURE THAT HAD DEVELOPED OVER HUNDREDS 14:08:28 OF YEARS IN THE ARTICLE III COURTS. 14:08:32 THESE ARE THINGS THAT THE RELATIVELY NEW MILITARY 14:08:35 COMMISSION SYSTEM, NO MATTER HOW VALUABLE, SIMPLY CANNOT PROVIDE 14:08:40 RIGHT NOW. FOR THESE REASONS, I THINK IT 14:08:42 WOULD BE A MISTAKE TO CATEGORICALLY DENY THE SYSTEM. 14:09:03 TODAY THERE ARE MORE THAN 300 INTERNATIONAL OR DOMESTIC 14:09:06 TERRORISTS INCARCERATED IN CIVILIAN PRISON FACILITIES. 14:09:12 THE MILITARY COMMISSION SYSTEM BY WAY OF COMPARISON HAS 14:09:14 PRODUCED THREE PROSECUTIONS, TWO OF WHICH CAME FROM GUILTY PLEAS. 14:09:19 I THINK THE RESULTS SPEAK FOR THEMSELVES. 14:09:21 FORMER OFFICIALS FROM THE LAST ADMINISTRATION ALSO SUPPORT THE 14:09:25 CIVILIAN TRIAL OPTION AND BELIEVE THAT PRECLUDING CIVILIAN 14:09:28 TRIALS OUT OF HAND IS A DANGEROUS PROPOSAL. 14:09:32 THE DECISION ABOUT WHETHER TO TRY A CASE IN A CIVILIAN COURT 14:09:36 IS BEST LEFT TO THE DEPARTMENT OF JUSTICE TO DETERMINE VOID OF 14:09:41 POLITICS JUST AS WHAT'S DONE IN THE PREVIOUS ADMINISTRATION. 14:09:45 I'M SURE THAT WE'LL BE DISCUSSING THESE ISSUES IN 14:09:48 DETAIL THROUGHOUT THE AFTERNOON. THERE IS ALSO A LOT OF INTEREST 14:09:51 ON ALL SIDES ABOUT THE FINAL VENUE DETERMINATION OF THE 9/11 14:09:55 TRIALS, WHICH I UNDERSTAND IS STILL UNDER CONSIDERATION. 14:09:58 WE REALLY CAN'T DISCUSS THE MERITS OF THE VENUE UNTIL IT HAS 14:10:04 BEEN DETERMINED, BUT I WOULD LIKE TO GIVE YOU AN OPPORTUNITY 14:10:07 TO EXPLAIN TO US THE UNDERLYING CRITERIA THAT ARE BEING USED TO 14:10:12 MAKE FORM AND VENUE DETERMINATIONS FOR THE ARTICLE 3 14:10:16 IN MILITARY COURTS SO THAT WE CAN UNDERSTAND THE 14:10:19 CONSIDERATIONS AND CONSTRAINTS THAT ARE INVOLVED IN THAT 14:10:24 PROCESS. IN A MOMENT WE'LL HAVE YOU 14:10:26 PROVIDE AND ORAL SUMMARY OF YOUR TESTIMONY, MR. ATTORNEY GENERAL, 14:10:31 YOUR WRITTEN STATEMENT, OF COURSE, WILL BE MADE PART OF THE 14:10:33 RECORD. BEFORE WE DO THAT, HOWEVER, I 14:10:35 WOULD LIKE TO TURN TO THE SUBCOMMITTEE'S RANKING MEMBER 14:10:39 MR. WOLF FOR ANY OPENING REMARKS WOE LIKE TO MAKE. 14:10:42 >> THANK YOU, MR. CHAIRMAN. MR. ATTORNEY GENERAL, WE WELCOME 14:10:45 YOU TO COMMITTEE AND LOOK FORWARD TO YOUR TESTIMONY. 14:10:46 THANK YOU. >> MR. ATTORNEY GENERAL? 14:11:08 >> TODAY IT IS MY PRIVILEGE TO DISCUSS THE PRESIDENT'S 14:11:11 DEPARTMENT OF JUSTICE BUDGET FOR FISCAL YEAR 2011, AND TO PROVIDE 14:11:16 AN UPDATE ON THE JUSTICE DEPARTMENT'S PROGRESS, TOP 14:11:20 PRIORITIES AND FUTURE PLANS. FIRST, LET ME THANK YOU FOR YOUR 14:11:24 ONGOING SUPPORT OF THE DEPARTMENT'S WORK AND YOUR 14:11:26 RECOGNITION OF ITS ESSENTIAL ROLE IN PROTECTING OUR NATION'S 14:11:30 PEOPLE, AS WELL AS OUR HIGHEST PRINCIPLES. 14:11:34 WHEN I MET WITH THIS SUBCOMMITTEE LAST APRIL, I 14:11:36 PLEDGED THAT UNDER MY LEADERSHIP THE JUSTICE DEPARTMENT WOULD 14:11:42 VIGOROUSLY PURSUE A SPECIFIC AND CRITICAL SET OF OBJECTIVES, 14:11:46 COMBATTING TERRORISM, FIGHTING CRIME, ENFORCING OUR LAWS IN A 14:11:50 NEUTRAL AND IN A NONPARTISAN WAY AND REASON VIG RATING THE 14:11:55 DEPARTMENT'S COMMITMENT TO INTEGRITY, TRANSPARENCY AND 14:11:58 RESULTS. I BELIEVE WE ARE ON THE RIGHT 14:12:00 PATH TO ACHIEVING THESE GOALS, ALTHOUGH UNPRECEDENTED 14:12:04 CHALLENGES AND NEW DEMANDS HAVE EMERGED, OUR KEY PRIORITIES 14:12:09 REMAIN CLEAR IN ENSURING THE SAFETY OF THE AMERICAN PEOPLE 14:12:12 CONTINUES TO BE OUR PARAMOUNT RESPONSIBILITY. 14:12:14 OVER THE LAST YEAR, WE HAVE ENHANCED OUR NATIONAL SECURITY 14:12:19 PROGRAMS AND CAPABILITIES. WE'VE ALSO STRENGTHENED EFFORTS 14:12:22 TO PROTECT OUR ENVIRONMENT AS WELL AS OUR MOST VULNERABLE 14:12:29 COMMUNITIES. WE REINVAGUED OUR CIVIL RIGHTS 14:12:33 IN OUR WORK PLACES, VOTING BOOTHS AS WELL AS OUR BORDER 14:12:37 AREAS. PART OF OUR FOCUS ON SECURING 14:12:39 OUR ECONOMY AND COMBATTING MORTGAGE AND FINANCIAL FRAUD, 14:12:42 THE DEPARTMENT IS NOW SPEARHEADING THE FINANCIAL FRAUD 14:12:47 ENFORCEMENT TASK FORCE PRESIDENT OBAMA LAUNCHED LAST YEAR. 14:12:50 THE PRESIDENT'S BUDGET REQUEST OF $29 BILLION DEMONSTRATES A 14:12:53 STRONG COMMITMENT TO THE JUSTICE DEPARTMENT'S KEY PRIORITIES. 14:12:57 LET ME ASSURE YOU THAT IN DISTRIBUTING AND USING THESE 14:13:01 FUNDS, WE WILL THINK CAREFULLY AND WE WILL THINK STRATEGICALLY 14:13:05 AND ACT TO ENSURE ACCOUNTABILITY AS WELL AS TRANSPARENCY. 14:13:09 AS YOU'VE SEEN, THE PRESIDENT'S BUDGET REQUEST $300 MILLION IN 14:13:13 PROGRAMMING INCREASES TO HELP STRENGTHEN NATIONAL SECURITY AND 14:13:16 COUNTER THE THREAT OF TERRORISM. THESE RESOURCES WILL ENABLE US 14:13:20 TO EXPAND ON THE PROGRESS WE MADE IN THE LAST YEAR. 14:13:24 DUE TO THE VIGILANCE OF OUR LAW ENFORCEMENT AND INTELLIGENCE 14:13:28 AGENCIES, WE SUCCEEDED IN IDENTIFYING AND AVERTING SOME 14:13:35 PLOTS, SOME KNOWN TO THE PUBLIC, MANY NOT, INCLUDING THE MOST 14:13:39 SEAR WRUS THREATS OF SEPTEMBER 11, 2001. 14:13:42 THREE WEEKS AGO THE MASTER MIND BEHIND THE PLOT TO BOMB THE NEW 14:13:49 YORK CITY SUBWAY SYSTEM PLED GUILTY. 14:13:51 FOUR OTHERS HAVE BEEN CHARGED AS A RESULT OF OUR INVESTIGATION. 14:13:53 THIS ATTEMPTED ATTACK ON OUR HOMELAND, ON OUR MOST POPULATED 14:14:00 CITY, WAS REAL IT WAS IN MOTION AND IT WOULD HAVE BEEN DEADLY, 14:14:05 BUT BECAUSE OF CAREFUL ANALYSIS BY OUR INTELLIGENCE AGENTS AND 14:14:09 PROMPT ACTIONS BY LAW ENFORCEMENT, WE WERE ABLE TO SHA 14:14:17 W THWART POTENTIAL DISASTER. 14:14:19 JUST LAST MONTH AGAIN IN NEW YORK CITY, A UNITED STATES 14:14:23 TRAINED PAKISTANI PHYSICIST WAS CONVICTED OF ATTEMPTED MURDER 14:14:27 AND ARMED ASSAULT. SHE HAD A CLEAR INTENT TO KILL 14:14:31 AMERICANS. AT THE TIME OF HER ARREST 14:14:33 POSSESSED DOCUMENTS THAT REFERRED TO A, QUOTE, MASS 14:14:37 CASUALTY ATTACK, UNQUOTE, AND LISTED SPECIFIC LOCATIONS, 14:14:40 INCLUDING THE EMPIRE STATE BUILDING, STATUE OF LIBERTY AND 14:14:43 THE BROOKLYN BRIDGE. LAST WEEK IN PHILADELPHIA, AN 14:14:47 AMERICAN CITIZEN WAS CHARGED WITH CONSPIRING TO PROVIDE 14:14:51 MATERIAL SUPPORT TO TERRORISTS AND TO COMMIT MURDER OVERSEAS. 14:14:55 THESE RECENT CASES REMIND US THAT TERRORIST METHODS ARE 14:15:00 EVOLVING AS ARE THE TYPES OF INDIVIDUALS INVOLVED IN 14:15:02 TERRORIST ACTIVITIES. WE FACE A SERIOUS CAPABLE AND 14:15:07 DETERMINED ENEMY IN THE WAR WE ARE FIGHTING. 14:15:12 THIS UNDERSCORES WHY THE JUSTICE DEPARTMENT MUST HAVE THE 14:15:13 CAPACITY TO RESPOND EFFECTIVELY AND QUICKLY, AND OUR ACTIONS 14:15:17 OVER THE PAST YEAR, I BELIEVE, PROVIDE EVIDENCE THAT WE ARE 14:15:21 MAKING SIGNIFICANT ADVANCEMENTS IN COMBATTING THESE THREATS. 14:15:24 DESPITE THIS RECENT PROGRESS, HOWEVER, WE CANNOT BECOME 14:15:28 COMPLACENT AND WE MUST NOT AND WILL NOT LOSE FOCUS IN OUR 14:15:31 EFFORTS TO BRING TERRORISTS TO JUSTICE. 14:15:33 I REALIZE THERE ARE DIFFERENT VIEWS ON HOW BEST TO APPROACH 14:15:37 THIS WORK. THERE IS A VERY LEGITIMATE AND 14:15:40 ROBUST CONVERSATION THAT WE SHOULD HAVE ABOUT IT, BUT WE 14:15:43 CANNOT ALLOW THE POLITICS OF FEAR TO DRIVE US APART. 14:15:50 FACTS, FACTS, NOT FEAR MUST BE THE BASIS OF ALL OUR 14:15:54 DISCUSSIONS. NOW MORE THAN EVER THE AMERICAN 14:15:56 PEOPLE DESERVE THIS. AGAIN, WE ARE AT WAR. 14:15:59 WE MUST USE EVERY INSTRUMENT IN OUR POWER, INCLUDING THE FULL 14:16:03 SCOPE OF OUR MILITARY, LAW ENFORCEMENT INTELLIGENCE AND 14:16:06 DIPLOMATIC CAPABILITIES TO WIN THIS WAR. 14:16:08 IN THE PURSUIT OF VICTORY, WE MUST NOT TURN OUR BACKS ON WHAT 14:16:12 HAS MADE OUR NATION AN EXAMPLE TO ALL THE WORLD. 14:16:17 TODAY OUR CHALLENGE IS NOT ONLY TO REMAIN SAFE, BUT ALSO TO BE 14:16:21 TRUE TO OUR HERITAGE, TRUE TO OUR PRINCIPLES AND TRUE TO OUR 14:16:25 BEST SELVES. THIS IS THE JUSTICE DEPARTMENT'S 14:16:27 MOST URGENT AND MOST ESSENTIAL WORK. 14:16:30 ONCE AGAIN, I THANK YOU FOR SUPPORTING US. 14:16:33 I LOOK FORWARD TO CONTINUING TO WORK WITH THIS SUBCOMMITTEE AND 14:16:36 ALSO WITH CONGRESS. I WOULD BE GLAD TO ANSWER ANY 14:16:41 QUESTIONS YOU MIGHT HAVE. >> THANK YOU, MR. ATTORNEY 14:16:45 GENERAL. I WOULD LIKE TO INFORM THE 14:16:49 SUBCOMMITTEE THAT MR. WOLF AND I WILL TAKE 20 MINUTES AT THE 14:16:54 BEGINNING OF OUR QUESTIONING. THE REST OF THE SUBCOMMITTEE ON 14:16:57 FIRST ROUND WILL HAVE TEN MINUTES THAT. 14:16:59 SHOULD GET US INTO A SECOND ROUND AND WE'LL SEE WHAT KIND OF 14:17:02 TIME WE HAVE AFTER THAT. I THINK THAT GIVES MYSELF AND 14:17:05 MR. WOLF AN OPPORTUNITY TO EXPLORE QUESTIONS AND THEN FOR 14:17:08 THE SUBCOMMITTEE LIKEWISE TO HAVE PLENTY OF TIME TO EXPLORE 14:17:14 FOLLOW-UP QUESTIONS. MR. ATTORNEY GENERAL, THANK YOU 14:17:20 FOR YOUR STATEMENT. THE PRESIDENT'S EXECUTIVE ORDER 14:17:22 ON THE CLOSURE OF THE DETENTION FACILITIES AT GUANTANAMO BAY 14:17:27 REQUIRED A REVIEW OF THE STATUS OF EACH DETAINEE IN ORDER TO 14:17:33 DETERMINE WHETHER THAT DETAINEE SHOULD BE TRANSFERRED, SHOULD BE 14:17:38 PROSECUTED OR PLACED IN CONTINUING DETENTION. 14:17:42 DOJ WAS TASKED WITH COORDINATING THAT REVIEW. 14:17:46 MR. ATTORNEY GENERAL, WHICH OTHER AGENCIES WERE INVOLVED IN 14:17:50 MAKING THE RECOMMENDATIONS AND DECISIONS ABOUT WHICH SUSPECTS 14:17:53 TO TRANSFER, WHO TO PROSECUTE AND WHO TO DETAIN? 14:17:58 >> IN THE DEPARTMENT OF JUSTICE WE HAVE THE DEPARTMENT OF 14:18:01 DEFENSE, DEPARTMENT OF STATE, DEPARTMENT OF HOMELAND SECURITY, 14:18:03 THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE AS WELL AS 14:18:06 JOINT CHIEFS OF STAFF. >> WHEN THOSE AGENCIES ACTUALLY 14:18:14 SAT DOWN TO MAKE DECISIONS AND AFTER THE PROCESS THEY WENT 14:18:20 THROUGH TO ARRIVE AT THE DISCUSSIONS TO MAKE DECISIONS, 14:18:28 WERE THOSE VOTES UNANIMOUS? >> WHEN THE PRINCIPALS OF THOSE 14:18:33 AGENCIES MET TO MAKE FINAL DETERMINATIONS BROUGHT TO THE 14:18:36 DISCIPLINE OF THE 240 DETAIN HE'S, ALL THE DECISIONS WERE 14:18:40 UNANIMOUS. >> WHAT WERE THE CRITERIA TASK 14:18:42 FORCE MEMBERS USED IN FORMING THEIR RECOMMENDATIONS? 14:18:44 >> FIRST AND FOREMOST, WE FOCUSED ON THE NATIONAL SECURITY 14:18:49 IN TRYING TO DECIDE IF A PERSON COULD BE RELEASED AND WHERE THAT 14:18:54 PERSON MIGHT BE TRANSFERRED. NATIONAL SECURITY WAS ALWAYS OUR 14:19:00 PRIMARY CONCERN. WE LOOKED AT A PERSON'S HISTORY, 14:19:05 THE PERSON'S POSSIBILITY FOR FUTURE VIOLENCE, AND THEN ALSO 14:19:09 TO TAKE INTO CONSIDERATION IN TRYING TO REPAT RIATE A CERTAIN 14:19:22 PEOPLE. IT WAS A MIX OF THOSE FACTORS 14:19:24 THAT LED TO THE DECISION WE MADE. 14:19:26 >> ARE THESE DETAINEES, DO THEY HAVE ACCESS TO HABIUS CORPUS? 14:19:36 >> YES, THEY DO. >> ALL OF THEM? 14:19:38 >> I DON'T BELIEVE ALL FILED HABIUS PETITION AT THIS POINT. 14:19:43 >> HAVE SOME DETAINEES ACTUALLY FILED HABIUS CORPUS PETITION? 14:19:49 >> SOME HAVE AND AS A RESULT HAVE BEEN RELEASED. 14:19:55 >> IN THE LAST ADMINISTRATION, THIS ADMINISTRATION, BOTH OR? 14:20:00 >> I BELIEVE THAT IS TRUE WITH REGARD TO THE LAST 14:20:04 ADMINISTRATION, AS WELL. I DON'T HAVE SPECIFIC FIGURES, 14:20:07 BUT THE HABIUS PROCESS HAS BEEN GOING ON FOR SOME TIME. 14:20:11 >> HOW ARE YOU HANDLING THESE CASES? 14:20:13 >> WE HAVE A DEDICATED, REALLY DEDICATED CREW OF LAWYERS HEADED 14:20:19 BY THE HEAD OF OUR CIVIL DIVISION TONY WEST. 14:20:24 THEY HAVE TRIED ABOUT 50 CASES AT THIS POINT, 50 HABIUS CASES. 14:20:29 WE HAVE PEOPLE THAT COME IN FROM AROUND THE COUNTRY, IN ADDITION 14:20:33 TO WASHINGTON, D.C., JUSTICE DEPARTMENT LAWYERS AND LAWYERS 14:20:36 FROM OTHER ORGANIZATIONS TO EP HELP PUT THESE CASES TOGETHER 14:20:38 AND TRY THEM BEFORE JUDGES HERE IN THE DISTRICT OF COLUMBIA. 14:20:47 >> MR. ATTORNEY GENERAL, DECIDING BETWEEN THE MILITARY 14:20:53 AND CIVILIAN FORMS FOR TRIAL, THAT HAS A LOT OF CONSTERNATION. 14:21:10 ONCE THE TASK FORCE YOU JUST DESCRIBED, ONCE THAT TASK FORCE 14:21:16 DECIDED WHICH INDIVIDUAL WOULD BE REFERRED FOR PROSECUTION AND 14:21:21 THEN THERE WAS A SUBSEQUENT PROCESS SET UP TO MAKE THE 14:21:24 CHARGING DECISIONS FOR EACH DETAINEE, THIS PROCESS HAS BEEN 14:21:28 THE SOURCE OF SOME OF THE MOST VIGOROUS GUANTANAMO RELATED TO 14:21:34 DATE. AS THERE ARE A SIGNIFICANT 14:21:38 NUMBER OF INDIVIDUALS WHO ARE OPPOSED TO EVEN THE 14:21:41 CONSIDERATION OF HOLDING DETAINEES, DETAINEE TRIALS IN 14:21:46 ARTICLE III COURTS OR CIVILIAN COURTS, THESE INDIVIDUALS 14:21:54 ABDICATE FOR HOLDING ANY OF THESE TRIALS IN A MILITARY 14:22:01 COMMISSION. JUST PAST EXPERIENCE IN PREVIOUS 14:22:05 ADMINISTRATIONS, WE HAVE HELD A NUMBER OF TERRORIST TRIALS IN 14:22:09 ARTICLE III CIVILIAN COURTS, HAVE WE NOT, THROUGH VARIOUS 14:22:14 ADMINISTRATIONS, DEMOCRATIC AND REPUBLICAN? 14:22:15 >> THAT'S TRUE. YOUR OPENING REMARKS ARE 14:22:18 ACCURATE. THERE ARE APPROXIMATELY 300 14:22:19 PEOPLE OR SO IN OUR FEDERAL PRISON SYSTEM NOW AS A RESULT OF 14:22:23 THEIR MOVEMENT THROUGH THE ARTICLE III SYSTEM, I BELIEVE, 14:22:27 IN THE LAST ADMINISTRATION ABOUT 150, 160 TRIALS OR SO IN THE 14:22:32 ARTICLE III COURTS. >> THERE IS SOME INDICATION IN 14:22:36 THE PRESS WE HAVE PICKED UP, AND I GUESS NOTHING DETERMINETIVE OF 14:22:49 THE QUESTION, BUT THE PRESIDENT MAY BE CONSIDERING THE 14:22:52 POSSIBILITY OF MOVING THE 9/11 TRIALS INTO A MILITARY SETTING. 14:22:55 IS THAT AN INDICATION OF CHANGE IN THE ADMINISTRATION'S OVERALL 14:22:59 POLICY? >> I WOULDN'T SAY SO. 14:23:08 WE REMAIN COMMITTED TO USING ALL THE TOOLS WE HAVE TO WIN THIS 14:23:12 WAR, THAT MEANS TRYING PEOPLE IN TRIBUNAL COURTS AND MILITARY 14:23:15 COMMISSIONS. MY DECISION TO TRY KHALID SHAIKH 14:23:21 MUHAMMED INDICATED FIVE OR SIX DETAINEES WERE GOING TO BE TRIED 14:23:27 IN MILITARY COMMISSIONS. SO CERTAIN CASES ARE MORE 14:23:31 APPROPRIATE IN ARTICLE III COURTS, CERTAIN IN MILITARY 14:23:35 COMMISSIONS. ONE OF THE THINGS THIS 14:23:36 ADMINISTRATION WANTS TO HOLD ON TO IS THE ABILITY TO USE OUR 14:23:40 DISCRETION TO TRY THESE DETAINEES IN THE APPROPRIATE 14:23:44 FORUMS. >> WHY SHOULD WE KEEP OPEN THE 14:23:48 OPTION OF CIVILIAN ARTICLE III PROSECUTION FOR THESE TERRORIST 14:23:55 SUSPECTS? >> THEY ARE TESTED, WE HAVE 14:24:01 TRIED A NUMBER OF THESE CASES IN ARTICLE III COURTS. 14:24:05 THEY ARE SECURE. WE TRIED THESE CASE NECESSARY A 14:24:07 SAFE MANNER. OUR ALLIES AROUND THE WORLD 14:24:15 SUPPORT US IN BRINGING THESE CASES IN ARTICLE III COURTS. 14:24:19 WE HAVE THE ABILITY TO DISRUPT AND TO DETAIN PEOPLE THROUGH THE 14:24:23 LONG SENTENCES WE GET OUT OF ARTICLE III COURTS. 14:24:32 WE HAVE THE OPPORTUNITY TO GET COOPERATION FROM PEOPLE CHARGED 14:24:35 THERE AND WHO DO NOT WANT TO FACE LONG SENTENCES OR THE 14:24:38 PROSPECT OF SERVING SIGNIFICANT AMOUNTS OF TIME IN OUR SUPER-MAX 14:24:43 FACILITIES. WE SAW FROM ZHAZI, ABDUL 14:24:56 MUTTALAH. LASTLY, ONE OF THE THINGS YOU 14:24:57 CAN CLEARLY DO IN AN ARTICLE III COURT IS YOU CANNOT SO CLEARLY 14:25:03 DO IN A MILITARY COMMISSION IS ACCEPT A GUILTY PLEA IN A 14:25:07 CAPITAL CASE. >> THIS SEEMS TO ME LOOKING AS A 14:25:18 LAWYER, THERE ARE A LOT OF TOOLS IN A CIVILIAN COURT THAT THE 14:25:23 COURT HAS TO MANAGE, NOT ONLY JUST THE PROCESS OF THE TRIAL, 14:25:29 BUT THE DECORUM OF THE DEFENDANT. 14:25:32 THAT SEEMS TO BE A REAL CONCERN THAT DEFENDANTS IN THESE COURTS 14:25:37 TAKE OPPORTUNITY TO PROPAGANDAIZE. 14:25:41 >> THAT IS A VERY GOOD POINT AND THERE IS A MISPERCEPTION THAT 14:25:45 SOMEHOW OR ANOTHER IF WE HAVE A TRIAL IN AN ARTICLE III COURT 14:25:49 THIS WILL BECOME A FORUM FOR THESE DEFENDANTS TO SPOUT THEIR 14:25:56 HATEFUL LANGUAGE, THEIR PROPAGANDA. 14:25:59 IF ONE COMPARES THE WAY IN WHICH THESE DEFENDANTS ARE TREATED IN 14:26:02 MILITARY COMMISSIONS AS OPPOSED TO ARTICLE III COURTS, THAT IS 14:26:05 ANYTHING BUT THE TRUTH. IN THE CASE I MENTIONED BEFORE 14:26:09 INVOLVING THIS WOMAN SFRNL EDIKI, SHE WAS IN AN ARTICLE III 14:26:13 COURT IN NEW YORK CITY AND IN HER TRIAL FOR ONE DAY. 14:26:15 THE JUDGE DETERMINED SHE WAS A DISRUPTIVE INFLUENCE, THAT SHE 14:26:19 WAS TRYING TO DISRUPT THE PROCEEDINGS AND SHE WAS REMOVED 14:26:23 FROM THAT COURTROOM AND WATCHED HER OWN TRIAL FROM OUTSIDE THE 14:26:27 COURTROOM. IN MILITARY COMMISSIONS, I THINK 14:26:29 WHAT WE HAVE SEEN, CERTAINLY WITH REGARD TO KHALID SHAIKH 14:26:34 MUHAMMED, LONG SPEECHES ABOUT A WHOLE VARIETY OF NONSENICAL 14:26:41 THINGS, BUT THE JUDGES THERE DON'T FEEL AS COMFORTABLE MOVING 14:26:43 OR CLAMPING DOWN ON A DEPARTMENT TRYING TO DO THAT. 14:26:47 >> WHO IS INVOLVED IN THE PROCESS OF DECIDING WHICH 14:26:51 DETAINEES WILL BE TRIED IN A CIVILIAN COURT AND WHICH MIGHT 14:26:54 BE TRIED IN A MILITARY COMMISSION? 14:26:58 >> IT'S ULTIMATELY MY DECISION IN CONSULTATION WITH THE 14:27:01 SECRETARY OF DEFENSE. WE HAVE A PROPERTY CAL THAT WE 14:27:04 HAVE PUT TOGETHER AND THAT WE USE BECAUSE THESE ARE NATIONAL 14:27:09 SECURITY DETERMINATIONS, THE PRESIDENT IS CONSULTED, AS WELL, 14:27:13 BUT THERE IS, AS I SAID, A PROTOCOL THAT HAS BEEN WORKED 14:27:17 ON, AND THAT THE SECRETARY OF DEFENSE AND I APPLY IN MAKING 14:27:22 DETERMINATIONS. THE DECISION IS ULTIMATELY MINE, 14:27:24 BUT ALSO INVOLVES CONSULTATION WITH THE PRESIDENT. 14:27:33 >> I WOULD LIKE FOR YOU TO ELABORATE. 14:27:37 THERE MUST BE CIRCUMSTANCES WHERE IT'S THE PREPONDERANCE OF 14:27:43 YOUR CONSIDERATION OR CRITERIA YOU USE SUGGESTS AN ARTICLE III 14:27:47 COURT AND SITUATIONS WHERE A MILITARY COMMISSION WOULD BE THE 14:27:51 BEST FORUM. COULD YOU ELABORATE ON THAT A 14:27:54 LITTLE BIT? WHAT IS GOING THROUGH YOUR MIND? 14:27:56 WHAT IS THE CRITERIA BEING USED AS THESE DECISIONS ARE BEING 14:28:00 MADE AND ULTIMATELY BY YOU? >> WELL, ON THE SAME DAY I 14:28:07 ANNOUNCED THE DECISION TO TRY KHALID SHAIKH MUHAMMED IN 14:28:11 ARTICLE III COURT IN NEW YORK, I MADE THE DETERMINATION ANOTHER 14:28:16 WOULD BE TRIED IN MILITARY XHICHLGTS HE IS ONE OF THE 14:28:18 PEOPLE RESPONSIBLE FOR THE BOMBING OF THE "USS COLE." 14:28:24 A MILITARY TARGET WAS INVOLVED, CASUALTIES ARE BRAVE SAILORS, 14:28:29 MILITARY MEN, AND THAT'S ONE OF THE DISTINCTIONS THAT WE MADE. 14:28:33 THERE ARE RULES OF EVIDENCE THAT EXIST IN THE MILITARY 14:28:40 COMMISSIONS THAT ARE MORE FAVORABLE TOWARD THE ACCEPTANCE 14:28:43 OF HEARSAY EVIDENCE. YOU HAVE TO LOOK AT THESE CASES 14:28:47 INDIVIDUALLY. AND ON A CASE BY CASE 14:28:49 DETERMINATION MAKE THE DECISION AS TO WHERE THE CASE CAN BE BEST 14:28:56 TRIED. IT DOESN'T MEAN YOU'RE BEING 14:28:58 UNFAIR, I THINK, TO THE DEFENDANT. 14:29:00 SIMPLY LOOKING AT THE FORUM THAT REALLY BEST SUITS THE PARTICULAR 14:29:04 FACTS OF EACH CASE. MILITARY COMMISSIONS CERTAINLY 14:29:08 PLAY A ROLE. WITH THE MODIFICATIONS, THE 14:29:12 AMENDMENTS WE'VE DONE TO THE MILITARY COMMISSION AS COUPLE OF 14:29:16 YEARS AGO, THOSE ARE FINE PLACES WHICH THESE CASES CAN ACTUALLY 14:29:19 BE TRIED. >> WHAT ABOUT THE QUESTION OF 14:29:22 NATIONAL SECURITY CONCERNS? DOES THAT ENTER INTO THESE 14:29:23 DECISIONS? >> YEAH, ALTHOUGH I THINK NOT TO 14:29:28 THE DEGREE SOME OF THE CRITICS OF MY EARLIER DECISION HAVE 14:29:34 INDICATED. CONCERNS ABOUT THE LEAKING OF 14:29:38 INFORMATION, THE PROTECTION OF NATIONAL SECURITY SECRET SOURCES 14:29:42 AND METHODS CAN BE EQUALLY ACCOMPLISHED IN ARTICLE III 14:29:46 COURTS AS THEY CAN IN MILITARY COMMISSIONS. 14:29:47 IN FACT, THE SYSTEM THAT IS IN PLACE IN THE MILITARY 14:29:50 COMMISSIONS TO PROTECT SECRETS IS ACTUALLY BASED ON CEPA IN THE 14:30:02 ARTICLE III SYSTEM. >> HOW DO YOU RESPOND TO THE 14:30:05 ARGUMENT HOLDING TRIALS IN THE CIVILIAN COURT WILL GIVE 14:30:08 DETAINEES THAT PUBLIC FORUM. YOU REALLY HAVE ALREADY SPOKEN 14:30:12 TO THAT. IF YOU HAVE ANYTHING ELSE TO ADD 14:30:15 TO THAT, THAT'S BEEN A MAJOR CRITICISM, NOT ONLY PROTECTING 14:30:20 THE OUTBURST, BUT ALSO THE SECURITY ASPECTS OF TRYING IF AN 14:30:25 ARTICLE III COURT. >> AS I SAID, THERE ARE ARTICLE 14:30:31 III JUDGES WHO ARE FAMILIAR WITH DISRUPTIVE DEFENDANTS, NOT ONLY 14:30:36 IN A TERRORISM CONTEXT, BUT IN OTHER CASES, AS WELL. 14:30:39 ARTICLE III JUDGES ARE USED TO DEALING WITH PEOPLE LIKE THIS 14:30:43 AND KNOW HOW TO DEAL WITH THEM. I LOOK BACK TO THAT RECENT CASE 14:30:51 WHICH CONCLUDED TWO OR THREE WEEKS AGO IN NEW YORK AND HELD 14:30:54 THE DEFENDANT THERE WAS APPROPRIATELY TREATED BEGIN THE 14:30:57 WAY IN WHICH SHE CONDUCTED HERSELF DURING HER TRIAL. 14:31:01 >> WHAT ABOUT THE CONCERN MEMBERS OF CONGRESS REPRESENT 14:31:03 COMMUNITIES AND THEY'RE CONCERNED ABOUT THE DISRUPTION 14:31:06 TO THE COMMUNITIES AND EVEN THE SAFETY OF THE COURTS HOLDING 14:31:13 SUCH TRIALS IN LOCAL COMMUNITIES? 14:31:15 >> I CAN UNDERSTAND HOW PEOPLE WOULD ASK THOSE QUESTIONS. 14:31:18 MY ANSWER TO BE TO LOOK AT HISTORY AND LOOK AT THE WAY IN 14:31:22 WHICH THESE CASES HAVE BEEN CONDUCTED, SAFELY, WITHOUT 14:31:26 INCIDENT TO NEIGHBORHOODS AND COMMUNITIES THAT SURROUND THE 14:31:31 COURTHOUSES WHERE THESE CASES HAVE BEEN HELD. 14:31:37 WE TRIED MR. MOUSSAI. WE TRIED THESE IN PARTS OF OUR 14:31:56 COUNTRY ALWAYS WITHOUT INCIDENT BECAUSE OF THE EXPERIENCE WE 14:32:01 HAVE AND THE WORK THE MARSHAL SERVICE GOES THROUGH TO PREPARE 14:32:04 FOR THESE TRIALS. SOMETIMES INVOLVES THE CLOSING 14:32:07 OF STREETS AND SOMETIMES CAUSES DISRUPTIONS, BUT THE AT THE END 14:32:11 OF THE DAY THESE CASES HAVE ALWAYS BEEN HELD IN A SAFE 14:32:12 MANNER. >> FINALLY, ATTORNEY GENERAL 14:32:19 HOLDER, THERE IS A CONCERN OR THE ARGUMENT AT LEAST MADE THAT 14:32:23 HOLDING TRIALS IN CIVILIAN COURTS SOMEHOW AFFORD DETAINEES 14:32:33 TOO MANY RIGHTS. AS A LAWYER I ALWAYS WONDERED 14:32:43 ABOUT THOSE ARGUMENTS. I WOULD LIKE TO HEAR YOU SPEAK 14:32:46 TO THAT CONCERN. >> I'M GLAD YOU ASKED THAT 14:32:48 QUESTION AND ONE THAT TENDS TO GET MY BLOOD BOILING. 14:32:51 THE NOTION THAT A DEFENDANT IN AN ARTICLE III COURT IS SOMEHOW 14:32:56 BEING TREATED IN AN INAPPROPRIATE, SPECIAL WAY, THAT 14:33:03 HE IS BEING CODDLED IS ANYTHING BUT THE TRUTH. 14:33:05 A PERSON CHARGED WITH MURDER, MANY OF THESE, AND MANY OF THESE 14:33:15 DEFENDANTS ARE, WOULD BE TREATED LIKE ANY OTHER MURDER DEFENDANT 14:33:19 BE. ARE THEY GETTING MORE RIGHTS 14:33:23 THAN THE AVERAGE AMERICAN CITIZEN? 14:33:25 NO. ARE THEY GETTING TREATED THE WAY 14:33:27 MURDERS WOULD BE TREATED? YES. 14:33:29 THEY HAVE THE SAME RIGHTS THAT A CHARLES MANSON WOULD HAVE. 14:33:33 ANY OTHER KIND OF MASS MURDERER. THOSE ARE THE COMPARISONS PEOPLE 14:33:37 SHOULD BE MAKING TRYING TO MAKE THE DETERMINATION HOW TERRORISTS 14:33:40 ARE BEING TREATED AND NOT COMPARE THEM TO AVERAGE CITIZENS 14:33:44 WHO CREATE NO HARM, WHO HAVE COMMITTED NO TRIMS. 14:33:52 >> IS THERE ANY TRUTH TO COUNTER THAT CONCERN THAT MILITARY 14:33:58 T TRIBUNALS ARE THE RIGHTS OF THE 14:34:01 DEFENDANTS, MANY OF WHICH COME BEFORE THEM ARE SERVICE 14:34:06 PERSONNEL, THAT THE RIGHTS ARE SKEWED IN FAVOR OF THE 14:34:12 DEFENDANTS IN THE MILITARY ENVIRONMENT? 14:34:14 IS THAT CORRECT OR INCORRECT? >> I WOULD NOT SAY THEY ARE 14:34:17 SKEWED TOWARD THE DEFENDANT. I THINK ONE OF THE THINGS YOU DO 14:34:21 FIND THOUGH IS BECAUSE OF THE LACK OF FAMILIARITY WITH THESE 14:34:25 KINDS OF CASES, THERE IS A GREATER COMFORT, I THINK, IN THE 14:34:31 ARTICLE III SETTING TO BE MORE -- AGGRESSIVE ISN'T THE 14:34:36 RIGHT WORD, BUT TO BE MORE STRICT WITH INTERACTING WITH 14:34:39 DEFENDANTS THAN YOU PERHAPS SEE IN THE MILITARY COMMISSION 14:34:42 SETTING, WHICH IS NOT TO SAY YOU CANNOT TRY SUCCESSFULLY AND 14:34:47 APPROPRIATELY THESE MATTERS IN MILITARY COMMISSIONS. 14:34:53 >> MR. ATTORNEY GENERAL, WITH REGARD TO CHOOSING A SPECIFIC 14:34:57 VENUE IN A CIVIL TRIAL, YOUR BUDGET REQUEST INCLUDES $73 14:35:02 MILLION FOR FIRST YEAR COSTS OF HOLDING THE 9/11 PERPETRATORS 14:35:07 TRIAL IN FEDERAL COURT IN THE CENTRAL DISTRICT OF NEW YORK. 14:35:10 SINCE THE TIME THE BUDGET WAS FINALIZED, YOU ANNOUNCED THE 14:35:13 FINAL CHOICE OF FORUM IS STILL UNDER CONSIDERATION AND COULD 14:35:19 THEORETICALLY CHANGE. IF WE ACCEPT RECENT NEWS REPORTS 14:35:21 AT FACE VALUE AND YOU'VE SPOKEN TO THIS, IN FACT, IT APPEARING 14:35:26 POSSIBLE THE 9/11 TRIALS WILL ULTIMATELY BE HELD IN THAT 14:35:29 MILITARY SETTING. WHEN A FINAL DETERMINATION HAS 14:35:32 BEEN MADE ON A FORUM FOR THESE TRIALS, WILL YOU SUBMIT A BUDGET 14:35:36 AMENDMENT TO REFLECT ANY NEW COST ESTIMATES? 14:35:38 >> YES, WE WOULD. THE MONEY WE HAVE SOUGHT FOR THE 14:35:47 POTENTIAL TRIALS, I THINK WOULD PROBABLE YIB APPROPRIATE ALMOST 14:35:53 REGARDLESS OF WHERE THE TRIAL WOULD BE HELD. 14:35:55 IF, HOWEVER, WE END UP IN A VENUE WHERE THE COSTS ARE 14:36:01 SUBSTANTIALLY LESS OR LESS THAN WHAT IS INCLUDED IN OUR BUDGET, 14:36:04 WE WOULD COME BACK TO THIS COMMITTEE AND SEEK TO AMEND. 14:36:22 THE OTHER WITH REGARD TO PRISON REQUIREMENTS, YOUR BUDGET WHAT 14:36:28 WOULD ANY SUCH BUDGET AMENDMENT AFFECT YOUR REQUEST, WHICH I 14:36:33 BELIEVE IS FOR $107 MILLION, TO ACQUIRE AND RENOVATE THE PRISON 14:36:39 AT THOMPSON, ILLINOIS, WOULD THE DECISION WHERE TO TRY THESE 14:36:51 INMATES AND DISPOSITION AND WHERE THEY WOULD BE HELD, IS 14:36:56 YOUR BUDGET FOR THOMPSON CONTINGENT ON THESE TERRORIST 14:36:59 TRIALS AND THEIR ULTIMATE DISPOSITION AND LOCATION OF THE 14:37:02 SUSPECTS? >> NOT AT ALL. 14:37:08 OUR BUDGET REQUESTS MONEY TO REQUIRE TWO FACILITIES, ONE IN 14:37:12 BERLIN, NEW HAMPSHIRE, ONE IN THOMPSON, ILLINOIS. 14:37:15 THE BUREAU OF PRISONS JUSTICE DEPARTMENT HAS GREAT INTEREST 14:37:18 ACQUIRING THESE NEW FACILITIES AT A COST SUBSTANTIALLY SMALLER 14:37:22 THAN WE WOULD INCUR IF WE BUILT THESE NEW FACILITIES. 14:37:27 OUR INTEREST IN THOMPSON EXISTS IRRESPECTIVE IN ANY OF THESE 14:37:40 DETAINEES FROM GUANTANAMO STEP FOOT THERE. 14:37:54 >> IS THE ADMINISTRATION PAYING ON THE COST OF LOCAL COMMUNITIES 14:37:59 IN ANY GIVEN VENUE? >> YES. 14:38:01 I THINK WHAT I SAID ON THE DAY OF THE ANNOUNCEMENT IS THAT THE 14:38:06 TRIALS OF THESE MATTERS ARE NOT LOCAL TRIALS. 14:38:12 ON SEPTEMBER 11th, THE BUILDINGS FELL IN NEW YORK, ALTHOUGH THE 14:38:16 PENTAGON WAS HIT AND ALTHOUGH THERE WAS A CRASH IN 14:38:20 PENNSYLVANIA, ALL OF THIS COUNTRY WAS IMPACTED. 14:38:22 ALL OF THIS COUNTRY WAS AFFECTED. 14:38:24 THESE ARE TRULY NATIONAL TRIALS AND AS A RESULT, IT SEEMS TO ME 14:38:28 THERE SHOULD BE A NATIONAL RESPONSIBILITY IN PAYING THE 14:38:36 BILLS THAT THESE TRIALS WOULD GENERATE. 14:38:38 IT IS UNFAIR THAT THE LOCAL COMMUNITIES WHEREVER THESE CASES 14:38:41 MIGHT BE TRIED SHOULD BEAR A DISPROPORTIONATE SHARE FOR WHAT, 14:38:47 IN ESSENCE, ARE NATIONAL CRIMES. >> THANK YOU. 14:38:48 MR. WOLF. >> SIMON AND GARFUNKEL HAVE THE 14:39:00 SONG "THE BOXER," A MAN HEARS WHAT HE WANTS TO HEAR AND 14:39:05 DISREGARDS THE REST. WITHOUT DEBATING ALL THESE 14:39:07 ISSUES, I WOULD LIKE TO PUT IN THE RECORD A NUMBER OF ARTICLES 14:39:11 AND POSITIONS BY ANDY McCARTHY AND A GROUP OF LAWYERS THAT GO 14:39:15 TO THE HEART OF THE ANSWERS YOU ACTUALLY MADE. 14:39:19 THE DIFFERENCE OF THE KHALID SHAIKH MUHAMMED, MASTER MIND FOR 14:39:24 THE 9/11, 3,000 PEOPLE, MS. ALI WAS IN ALEXANDRIA FOUR YEARS AND 14:39:33 THERE WAS NOT THE PATENT AND TRADE OFFICE, THERE WAS NOT THE 14:39:37 HOTEL. THE COST FOR KHALID SHAIKH 14:39:39 MUHAMMED IN NEW YORK, IF HE WERE THERE THREE YEARS, THE FIGURES 14:39:42 FROM NEW YORK CITY AND THE BRIEFS, REIMBURSEMENT, $206 14:39:46 MILLION A YEAR FOR THE CITY OF NEW YORK POLICE DEPARTMENT. 14:39:49 WE'VE ALSO GOTTEN A BRIEFING FROM THE MARSHAL SERVICE OF THE 14:39:55 AIRPLANE THEY WERE GOING TO BUY AND THE CARS ROUNDING OUT TO 14:39:59 ABOUT 1 BILLION TO TRY HIM THERE. 14:40:00 A LITTLE BIT OF A DIFFERENT KIND OF THOUGHTS ABOUT THAT. 14:40:08 THE SECOND THING IS THERE ARE MAJOR DIFFERENCES. 14:40:15 THE ADMINISTRATION AND MY GOOD FRIEND THE CHAIRMAN TALKED ABOUT 14:40:17 THE PROCESS. TO RELEASE SIX PEOPLE BACK TO 14:40:23 YEMEN WHEN YOU ARE IN YEMEN AT THAT MOMENT TO AL QAEDA IN THE 14:40:28 ARABIAN PENINSULA WAS A BAD IDEA. 14:40:30 ONE OF THEM MAY HAVE GONE BACK. ALSO, THE ADMINISTRATION 14:40:34 RELEASED TWO TO SOMALIA LAND. I'VE BEEN TO SOMALIA. 14:40:37 THERE IS NO GOVERNMENT THERE. TO PUT TWO PEOPLE BACK INTO 14:40:45 SOMALIA AND AL QAEDA IN THE ARABIAN PENINSULA, THE 14:40:49 GOVERNMENT OF YEMEN CONTROLS THE CAPITAL OF YEMEN AND NOT MUCH 14:40:53 OUTSIDE. WE SPOKE TO THE WHITE HOUSE 14:40:58 WITHOUT MENTIONING NAMES. ONE DAY THEY SAID WE'RE PUSHING 14:41:01 AHEAD. TWO DAYS LATER WHEN THIS BLEW UP 14:41:03 THEY SAID WE ARE GOING TO STOP IT. 14:41:06 THERE WERE SOME PROBLEMS, AND I HAD A PROBLEM, AND I DON'T WANT 14:41:10 TO TAKE TOO MUCH TIME, YOU WERE GOING TO RELEASE SEVERAL 14:41:17 GUANTANAMO BAY PEOPLE INTO OUR CONGRESSIONAL AREA, WHETHER IT 14:41:20 BE IN MY DISTRICT OR ADJOINING, AND YOUR PEOPLE CAME UP TO ME AT 14:41:25 THIS TIME LAST YEAR, ASKED ME THE AT A HEARING, PLEASE DON'T 14:41:29 ASK ATTORNEY GENERAL HOLDER THAT QUESTION. 14:41:32 OUT OF RESPECT BECAUSE I THOUGHT THERE WOULD BE SOME 14:41:36 CONSULTATION, I DIDN'T ASK THE QUESTION. 14:41:37 I DON'T THINK IT'S APPROPRIATE FOR MEMBERS TO TO DO A GOTCHA 14:41:41 TYPE OF THING. WE NEVER ASKED THAT, THEN GOT 14:41:44 CALLS FROM SEVERAL PEOPLE IN THE ADMINISTRATION AT A LOW LEVEL 14:41:46 SAYING THEY'RE COMING TO NORTHERN VIRGINIA AND HERE IS 14:41:52 WHAT'S COMING -- SO THERE'S BEEN A STRONG DIFFERENCE ON A LOT OF 14:41:57 THESE ISSUES. I'LL PUT A NUMBER OF THINGS IN 14:42:00 THE RECORD WITHOUT DEBATING IT. I WANT THE RECORD TO SHOW IT. 14:42:05 IN 1942, GERMAN SABOTEURS ARRESTED IN NEW YORK AND FLORIDA 14:42:09 WERE ARRESTED BY THE FBI. TRANSFER OF THE MILITARY CUSTODY 14:42:14 FOR TRIAL. ROOSEVELT TREATED THEM AS WAR 14:42:18 CRIMINALS. WE ARE AT WAR. 14:42:24 YOU SAID THAT EARLIER. IF YOU TALK TO MOST OF THE 14:42:27 FAMILY MEMBERS AND YOU LOOK TO PEOPLE, THEY BELIEVE THIS TRIAL 14:42:30 OUGHT TO BE IN A MILITARY COURT. WHEN WILL YOU BE MAKING A 14:42:37 DECISION ON THE KHALID SHAIKH MUHAMMED ISSUE WHEREVER YOU ARE 14:42:40 GOING TO MAKE THE DECISION? WHEN DO YOU EXPECT THAT TO COME 14:42:44 OUT? >> I THINK WE ARE WEEKS AWAY 14:42:47 FROM MAKING THAT DETERMINATION. I DON'T THINK WE ARE TALKING 14:42:50 ABOUT MONTHS. I THINK WE ARE PROBABLY WEEKS 14:42:54 AWAY. >> ON THE DIFFERENCE OF CIVILIAN 14:42:56 AND MILITARY, THE PENTAGON, AS YOU KNOW VERY WELL, IS A 14:43:00 MILITARY, THE CENTER, THE HEART BEAT OF THE MILITARY SYSTEM IN 14:43:04 THE UNITED STATES AND THERE WERE MILITARY PEOPLE KILLED. 14:43:06 YOU COULD HAVE USED THE SAME ARGUMENT WITH REGARD TO KHALID 14:43:10 SHAIKH MUHAMMED TO BE TRIED IN A MILITARY AS YOU DID ON THE OTHER 14:43:13 ONE BECAUSE THERE WERE PEOPLE WEARING THE AMERICAN UNIFORM AND 14:43:16 IT WAS THE PENTAGON WHERE MOST OF OUR MILITARY GENERALS AND ALL 14:43:23 ARE. THE OTHER THING IS I SENT A 14:43:25 LETTER. WE JUST HAVE A HARD TIME GETTING 14:43:27 ANSWERS FROM THE ADMINISTRATION. THERE ARE GOING TO BE 14:43:35 DIFFERENCES OF OPINION. IF YOU CALL ME, I'LL TRY TO GET 14:43:39 YOU ANYTHING I CAN. YOU ASK ME A QUESTION, IF I 14:43:41 DON'T HAVE IT, I'LL GET YOU THE ANSWER. 14:43:43 IF I CAN'T TELL YOU, I WILL GIVE YOU A DATE WHEN I'LL TELL YOU. 14:43:47 CALL ME AND I'LL TRY TO COOPERATE IN EVERY WAY POSSIBLE. 14:43:51 WE CAN NEVER GET ANY COOPERATION. 14:43:57 FROM THE UIGHUR ISSUE WE WEREN'T ABLE TO GET CONFIRMATION. 14:44:00 WE GOT A LETTER FROM YOUR DEPARTMENT LAST NIGHT. 14:44:02 THERE WAS NOBODY IN MY OFFICE 11:00 LAST NIGHT. 14:44:04 THAT IS A GOTCHA WAY TO CLEAN THE DECKS BEFORE YOU COME UP 14:44:08 HERE. IT'S NOT A VERY GOOD WAY. 14:44:10 I SENT A LETTER BACK IN JANUARY ASKING THE ADMINISTRATION TO 14:44:15 BRING BACK THE 9/11 COMMISSION. LEE HAMILTON EXPRESSED IT. 14:44:23 WE ASKED SECRETARY BAKER AND CONGRESSMAN HAMILTON TO COME. 14:44:26 THEY DID A GREAT JOB. THEY DID AT 9/11. 14:44:30 I CAN'T GET AN ANSWER. WILL THE ADMINISTRATION BRING 14:44:32 BACK THE 9/11 COMMISSION TO TAKE A LOOK AT WHERE WE ARE TODAY, 14:44:36 WHAT RECOMMENDATIONS WERE ADOPTED, WHAT ONES WERE NOT 14:44:39 ADOPTED AND WHAT ONES WERE NOT ADOPTED BY THE CONGRESS THAT 14:44:43 SHOULD HAVE BEEN ADOPTED, THEN GO AWAY AFTER SIX MONTHS. 14:44:46 I HAD THAT REQUEST AND I JUST CAN'T GET ANY RESPONSE. 14:44:50 DO YOU HAVE THAT I THOUGHT, WILL THE ADMINISTRATION BRING BACK 14:44:53 THE 9/11 COMMISSION PER MY REQUEST? 14:44:57 I THINK LEE HAMILTON WANTS THAT TO HAPPEN, TOO. 14:45:00 >> I'M NOT FAMILIAR WHAT THE DECISION MIGHT BE BY THE 14:45:03 PRESIDENT. ONE OF THE THINGS THAT STRIKES 14:45:04 ME IS THAT THE 9/11 COMMISSION DID A GREAT JOB. 14:45:07 IT EXHAUSTED HEARINGS WITH A SPECIFIC SET OF RECOMMENDATIONS. 14:45:13 I THINK ALMOST ANY OBJECTIVE OBSERVER CAN LOOK AT THAT 14:45:16 REPORT, COMPARE THOSE RECOMMENDATIONS TO WHERE THE 14:45:18 PAST ADMINISTRATION WAS, WHERE THIS ADMINISTRATION IS AND MAKE 14:45:21 A DETERMINATION. >> CORRECT, THEY HAVE THE 14:45:25 EXPERTISE. I CALLED CONGRESSMAN HAMILTON. 14:45:27 HE THOUGHT IT WOULD BE A GOOD IDEA TO COME BACK FOR SIX 14:45:32 MONTHS. NOT THE WHOLE 9/11, BUT HE AND 14:45:35 THE GOVERNOR OF NEW JERSEY, TO COME BACK AND LOOK AND SEE, 14:45:39 BECAUSE THEY HAVE THE HISTORICAL HISTORY OF WHAT THEY SAID, WHAT 14:45:42 WAS ADOPTED, WHAT NOT. I THINK THAT WOULD MAKE THE 14:45:45 COUNTRY SAFER. I THINK IT WOULD BE A GOOD 14:45:47 THING. I GUESS THE ANSWER IPS YOU'RE 14:45:49 NOT SURE. >> AGAIN. 14:45:52 I'M NOT SURE FROM MY OWN PERSPECTIVE. 14:45:55 >> I'M JUST TRYING TO GET AN ANSWER. 14:45:57 SECONDLY, WE ASK THEY PUT TOGETHER TEAM B MADE UP OF BRUCE 14:46:02 HOFFMAN AND A GROUP OF OUTSTANDING PEOPLE, BIPARTISAN 14:46:07 OUTSIDE THE GOVERNMENT TO LOOK AT THE SAME CIRCUMSTANCES TO SEE 14:46:09 WHAT WE ARE DOING TODAY TO FIGHT TERRORISM IS EVERYTHING WE 14:46:13 SHOULD BE DOING. THE REQUEST WAS BRING BACK BRUCE 14:46:20 HOFFMAN, HEAD UP TEAM B. I CAN'T GET AN ANSWER. 14:46:23 IS THERE ANY INTEREST IN THE ADMINISTRATION IN RESPONSING TO 14:46:26 BRINGING BACK A TEAM B APPROACH? >> I HAVE TO TELL YOU AGAIN WE 14:46:30 HAVE GOOD PEOPLE, EXPERIENCED PEOPLE WHO HAVE DEDICATED THEIR 14:46:33 LIVES TO DOING THE VERY THINGS THAT THEY ARE DOING IN VERY 14:46:37 RESPONSIBLE POSITIONS, THE NATIONAL SECURITY COUNCIL IN 14:46:40 ARMED FORCES. I HAVE GREAT FAITH IN THE 14:46:42 DECISION MAKING THEY MADE. I'M NOT SURE OUTSIDERS ARE 14:46:48 NECESSARILY NEEDED. >> A LOT OF PEOPLE THINK IT 14:46:53 WOULD BE A PRETTY GOOD IDEA. I ASK THAT THE ADMINISTRATION 14:46:58 HAVE THE TSA ADMINISTRATOR BE A SET TERM SIMILAR TO THE DIRECTOR 14:47:02 OF THE FBI. WE HAD FIVE IN SIX YEARS. 14:47:05 ANY THOUGHT ABOUT THEM DOING ANYTHING WITH REGARD TO THAT? 14:47:10 >> ONE THING I WILL CALL ON IS FOR THE SENATE TO CONFIRM A TSA 14:47:17 ADMINISTRATOR BEFORE WE START TALKING ABOUT LIMITING THE 14:47:19 TERMS. >> YOU CAN CONFIRM THIS 14:47:22 GENTLEMAN FOR THIS TERM, BUT WE HAD FIVE IN THE LAST SIX YEARS. 14:47:26 TO BRING CONTINUITY, I THINK DIRECTOR MUELLER HAS DONE A GOOD 14:47:30 JOB AND THAT HAS BEEN A PRETTY GOOD SYSTEM. 14:47:32 ANY THOUGHT OF DOING THAT? >> AGAIN, THAT IS NOT SOMETHING 14:47:36 I HAD ANY CONVERSATIONS WITH PEOPLE IN THE ADMINISTRATION. 14:47:39 >> LASTLY I ASK THAT THE INTERROGATION TEAM BE LOCATED 14:47:45 NOT WHERE THEY ARE GOING TO PUT THEM, BUT LOCATED AT THE 14:47:49 COUNTERTERRORISM CENTER. I KNOW THAT COMES UNDER YOU TO A 14:47:52 CERTAIN DEGREE. WHAT'S THE THOUGHT OF THE 14:47:55 RECOMMENDATION MADE FOR THAT? THE LETTER'S BEEN 2 1/2 MONTHS 14:48:01 THERE ASKING THAT HI GIVEN BE RELOCATED AT THE 14:48:08 COUNTERTERRORISM CENTER. WHAT ABOUT THIS? 14:48:10 >> THE HIG IS TO BE HOUSED AT THE FBI. 14:48:14 >> NO. THE HIG IS NOT AT THE FBI. 14:48:17 IT IS OUT IN VIRGINIA. THEY SIGNED THE LEASE AT A 14:48:20 BUILDING NOT NEAR THE FBI. I KNOW WHERE THE BUILDING IS. 14:48:23 I ASKED THAT THE CO-LOCATION OF THE HIG BE WITH THE 14:48:28 COUNTERTERRORISM CENTER DIRECTLY THERE SO THAT THIS EXCHANGE OF 14:48:33 INFORMATION, THAT'S THE WHOLE PURPOSE OF THE CENTER TO BREAK 14:48:35 DOWN THE BARRIERS SO FBI, CIA ARE TALKING TO ONE ANOTHER. 14:48:41 SINCE THIS IS YOUR RESPONSIBILITY, WHAT ABOUT A 14:48:43 RECOMMENDATION I MADE THAT YOU CO-LOCATE THE HIG? 14:48:46 >> I THINK THE QUESTION IS NOT PHYSICAL PROXIMITY AS MUCH AS IT 14:48:50 IS HAVING COMMUNICATION BETWEEN THE HIG AND THE VARIETY OF 14:48:53 GOVERNMENT YAF ENTITIES THAT NEEDS TO BE IN TOUCH. 14:48:56 >> OKAY. IT IS PHYSICAL PROXIMITY. 14:49:01 THAT'S THE WHOLE PURPOSE OF THE COUNTERTERRORISM CENTER. 14:49:03 THAT'S WHY THE WALLS WERE BROKEN DOWN AND THEY PUT EVERYBODY 14:49:07 TOGETHER. THAT WAS THE WHOLE PURPOSE OF 14:49:09 IT. ANYWAY, OKAY. 14:49:10 >> THE HIG BY ITS NATURE DRAWS TOGETHER PEOPLE OF DIFFERENT 14:49:14 AGENCIES, CO-LOCATES THEM, GETS THEM READY TO GO OUT. 14:49:17 >> THAT'S WHAT THE COUNTERTERRORISM CENTER DOES. 14:49:20 THAT'S WHY THEY -- ANYWAY, THE ANSWER TO THAT IS PROBABLY NOT? 14:49:23 >> I THINK WE HAVE CO-LOCATION. >> NO, THEY ARE NOT. 14:49:27 THEY SIGNED A LEASE IN A BUILDING WHICH I CAN TELL YOU 14:49:31 NOT, NOT, NOT NEAR THERE. I'M ASKING THEY BE LOCATED 14:49:35 THERE. YOU HAVE THE NDI THERE, YOU 14:49:38 WHAFB THE WHOLE TEAM THERE. THAT'S WHERE IT MAKES SENSE. 14:49:41 EVERYONE I TALK TO OFF THE RECORD THINKS IT SHOULD BE 14:49:44 THERE. I MADE THE REQUEST THAT IT BE 14:49:45 THERE. I'M TRYING TO GET AN ANSWER 14:49:48 SINCE IT COMES UNDER YOU, WILL YOU CO-LOCATE IT AND PUT IT 14:49:51 THERE? >> I WILL CERTAINLY TAKE THAT 14:49:54 RECOMMENDATION INTO CONSIDERATION, BUT AS I SAID, 14:49:56 THE FACT IS THAT THE HIG IS A MULTIAGENCY ENTITY. 14:50:04 THE FACT OF ITS EXISTENCE MEANS THERE IS WHEREVER 14:50:10 THE LARGER AGENCY IS PLACED. >> OKAY. 14:50:14 THAT'S PROBABLY A MAYBE MAYBE. JOHN ADAM PROJECT. 14:50:16 OVER THE WEEKEND THE WASHINGTON TIMES REPORTED THAT DEPARTMENT 14:50:19 OF JUSTICE OFFICIALS REFUSED TO SHARE CIA CONCERNS IN THE 14:50:22 BRIEFING FOR THE PRESIDENT WITH REGARD TO THE CONSEQUENCES OF 14:50:25 THE ACLU JOHN ADAM PROS JENGT, WHICH HIRED PHOTOGRAPHERS TO 14:50:29 TRACK DOWN CIA OFFICERS, MANY WHO PROBABLY LIVE IN MY DISTRICT 14:50:34 AND SHARE PHOTOS AND PERSONAL INFORMATION WITH ALLEGED 14:50:38 TERRORISTS AT GUANTANAMO. IS THIS REPORT ACCURATE? 14:50:43 IF NOT, WHY? >> IF YOU'RE TALKING ABOUT THE 14:50:50 "WASHINGTON TIMES" REPORT? >> I'M TALKING ABOUT THE JOHN 14:50:54 ADAMS -- Y I'M TALKING ABOUT THAT. 14:50:55 THE INFORMATION THAT IT WAS NOT PUT IN THERE AS THEY REQUESTED. 14:51:00 >> THE "TIMES" ARTICLE IS RIDDLED WITH INACCURACIES. 14:51:06 THERE IS ONLY SO MUCH I CAN SAY ABOUT THAT BECAUSE THERE'S AN 14:51:11 INVESTIGATION INTO THE CORE OF THAT "TIMES" ARTICLE. 14:51:16 >> I -- WITH RESPECT, I HAVEN'T FOUND MUCH OF WHAT YOU SAID 14:51:20 TODAY REALLY IN RESPONSE TO THE LEGITIMATE QUESTIONS THAT WE 14:51:24 TRIED TO -- 1998 I CAME BACK FROM ALGERIA, WHERE 175,000 14:51:29 PEOPLE WERE KILLED. AND THE BOMBING TOOK PLACE IN 14:51:34 NAIROBI, TANZANIA, PEOPLE FROM MY DISTRICT DIED. 14:51:37 I PUT IN A BILL TO SET UP A NATIONAL COMMISSION ON 14:51:40 TERRORISM, THE BREMER COMMISSION, THE BUSH 14:51:43 ADMINISTRATION IGNORED IT SO DID THE CLINTON ADMINISTRATION. 14:51:46 WE'RE TRYING TO LEGITIMATELY ASK SOME QUESTIONS. 14:51:49 EVERY ONE I'VE ASKED THERE'S NOT A YES, A NO, I'LL DO THIS, WE'LL 14:51:54 REPORT TO YOU. FROM THE UIGHURS STRAIGHT ON TO 14:51:58 THE YEMENS, STRAIGHT ON TO SOMALIA, WE CAN'T FIND OUT ANY 14:52:05 ANSWERS. WITH ALL DUE RESPECT, MR. 14:52:07 ATTORNEY GENERAL, I DON'T THINK YOU SERVE WELL WHEN YOU'RE ASKED 14:52:14 A LEGITIMATE, MORAL, QUESTION -- I RESPECT YOU. 14:52:17 I'M NOT TRYING TO CREATE A PROBLEM. 14:52:19 I'M TRYING TO GET TO THE ANSWERS. 14:52:21 30 PEOPLE FROM MY DISTRICT DIED FROM MY DISTRICT IN THE 14:52:27 PENTAGON. THE FIRST PERSON KILLED, I WENT 14:52:29 TO HIS FUNERAL AT ARLINGTON CEMETERY. 14:52:31 I'M JUST TRYING TO FIND OUT THE PILOT OF THE AIRPLANE THAT WENT 14:52:35 INTO THE PENTAGON WAS FROM MY DISTRICT. 14:52:37 WE'RE TRYING TO GET TO WORK IN A BIPARTISAN WAY TO DO WHAT'S BEST 14:52:41 FOREVER THE COUNTRY. NOT IN A GOT YOU WAY, BUT IN A 14:52:46 WAY TO MAKE THE COUNTRY SAFE. BUT I HAVEN'T HAD ANY ANSWERS. 14:52:49 I CAN'T GET AN ANSWER OUT OF YOUR DEPARTMENT. 14:52:51 THE LETTER YOU SENT UP THE OTHER DAY, YOU SAID REFERENCED IN THIS 14:52:55 LETTER, THIS LETTER, THIS LETTER, THIS IS THE ANSWER. 14:52:58 THERE'S NO ANSWER. LET ME MOVE ON. 14:53:00 WITH ALL DUE RESPECT, I THINK WITH REGARD TO THE RESPONSES WE 14:53:04 HAVE SENT UP THERE, THERE ARE MORE LETTERS THAT YOU HAVE SENT 14:53:06 TO US, THERE ARE FEWER RESPONSES WE HAVE SENT BACK. 14:53:09 BUT I THINK THE RESPONSES WE HAVE SENT BACK DO, IN FACT, 14:53:13 ANSWER ALL OF THE THINGS THAT ARE CONTAINED IN THE LETTERS YOU 14:53:16 SENT. >> WITH RESPECT, I DON'T THINK 14:53:18 THAT'S ACCURATE. I WILL PUT MY LETTERS IN THE 14:53:21 RECORD AT THIS POINT, YOUR TWO LETTERS, AND HISTORY CAN MAKE A 14:53:26 JUDGE WHETHER OR NOT THAT'S ACCURATE. 14:53:28 >> CONGRESS UNANIMOUSLY PASSED MY BILL WITH FORMER SENATOR 14:53:31 KENNEDY, THE PRISON RAPE ELIMINATION ACT OF 2003 IN 14:53:34 RECOGNITION OF THE URGENT NEED TO ADDRESS THE CRISIS OF SEXUAL 14:53:37 ABUSE IN U.S. CORRECTION FACILITIES. 14:53:39 THE NATIONAL PRISON RAPE ELIMINATION COMMISSION SPENT 14:53:42 MORE THAN FIVE YEARS HOLDING PUBLIC HEARINGS AND RECOMMENDING 14:53:46 STANDARDS. THE LAW REQUIRES THAT YOU ISSUE 14:53:48 A FINAL RULE MAKING BY JUNE 23, 2010. 14:53:52 ONE YEAR AFTER THE COMMISSION ISSUED ITS RECOMMENDATIONS. 14:53:58 YOU'RE NOT GOING TO MAKE THAT. PRISON RAPE IS A SERIOUS 14:54:01 PROBLEM, PARTICULARLY WITH REGARD TO YOUNG PEOPLE BUT 14:54:04 ANYONE. I CAN'T UNDERSTAND WHY YOU WOULD 14:54:05 NOT FOLLOW THROUGH. WE HAD THE COMMISSION. 14:54:07 WE HAD THE RECOMMENDATION. WE HAD EVERYTHING SET UP, AND 14:54:10 NOW WHAT IS THE STATUS? WILL THERE BE A FINAL RULING? 14:54:14 WHAT'S STATUS OF THAT. LASTLY, THE QUESTION THAT 14:54:17 TROUBLES ME, THE BUDGET REQUEST FOR 2011 INCLUDES A $10 MILLION 14:54:23 REDUCTION IN PRISON RAPE ELIMINATION RELATED FUNDING 14:54:26 LEAVING JUST 5 MILLION FOR EFFORTS TO ADDRESS SEXUAL 14:54:28 VIOLENCE IN DETENTION. I THINK TO HAVE RAPE OF A PERSON 14:54:33 WHO GOES TO PRISON IS UNACCEPTABLE AND SENATOR KENNEDY 14:54:39 HAD THAT IN, BOBBY SCOTT AND I DID, WE EXPECT THIS TO BE 14:54:42 IMPLEMENTED NOW TO PROTECT PEOPLE THAT ARE IN PRISON. 14:54:47 >> I SHARE YOUR CONCERNS ABOUT THE SEXUAL MISTREATMENT OF 14:54:52 PEOPLE WHO GO TO PRISON. I WAS A JUDGE. 14:54:54 I SENT PEOPLE TO PRISON. I WOULD NEVER WANT TO THINK THAT 14:54:57 ANYBODY I SENT TO PRISON TO SERVE TIME WOULD HAVE TO DEAL 14:55:02 WITH THE THINGS THAT THAT COMMISSION UNCOVERED. 14:55:05 ONE OF THE THINGS THAT I WOULD NOTE IS THAT THE COMMISSION WAS 14:55:08 GIVEN TWO YEARS IN ORDER TO MAKE ITS FINDINGS. 14:55:12 WE WERE GIVEN ONE YEAR IN WHICH TO THEN IMPLEMENT THEM. 14:55:15 WE ARE DOING THE BEST WE CAN. I MET WITH THE COMMISSION ON 14:55:18 THREE OCCASIONS AT THIS POINT. MET WITH THE CHAIRMAN OF THAT 14:55:22 COMMISSION, JUDGE WALTON. WE WANT TO MAKE SURE THAT WE GET 14:55:25 THIS RIGHT AND FOLLOW THE DICTATES OF THE STATUTE, WHICH 14:55:32 SAYS CHANGE THIS SITUATION, MAKE SURE YOU ELIMINATE TO THE EXTENT 14:55:37 THAT YOU CAN, SEXUAL PREDATOR AND PREDATOR ACTIVITY IN 14:55:41 PRISONS, BUT NOT INCREASE THE AMOUNT OF MONEY THAT ANY LOCAL 14:55:46 JURISDICTION HAS TO SPEND IN ORDER TO DO THAT IT IS NOT AN 14:55:50 EASY TASK. WE WILL NOT MAKE THAT ONE-YEAR 14:55:53 DEADLINE, BUT WE WILL DO THIS AS QUICKLY AS WE CAN. 14:55:55 THE FACT THAT WE WILL NOT MAKE THAT DEADLINE IS NOT IN ANY WAY 14:55:59 AN INDICATION THAT THIS IS NOT A PROBLEM WE TAKE SERIOUSLY. 14:56:03 I HAVE EXPERIENCE WITH THIS IN A WAY THAT OTHERS DO NOT. 14:56:08 I HAVE, AS I SAID, SENT PEOPLE TO JAIL. 14:56:11 I KNOW WHAT HAPPENS IN OUR PRISONS. 14:56:14 I KNOW THE PEOPLE WHO I SENT TO LORTON BEFORE THAT FACILITY WAS 14:56:19 CLOSED. IT WEIGHED ON MY CONSCIENCE AS A 14:56:22 JUDGE. IT WEIGHS ON MY CONSCIENCE AS 14:56:24 ATTORNEY GENERAL. I'M DETERMINED TO TRY TO DO 14:56:26 THIS, BUT DO IT IN THE RIGHT WAY. 14:56:28 >> WELL, I HAVE CLOSED DOWN LORTON BECAUSE OF THAT VERY, 14:56:32 VERY REASON. BUT YOU ARE REDUCING -- YOUR 14:56:38 BUDGET INCLUDES A 10 MILLION REDUCTION IN FUNDING FOR THE 14:56:46 PROGRAM. YOU CAN SAY YOU'RE A JUDGE AND 14:56:47 YOU'RE INTERESTED, BUT THE REDUCTION SENDS A WRONG MESSAGE. 14:56:50 YOU ARE KNOWN BY YOUR BUDGET, IN ESSENCE. 14:56:53 THAT'S SORT OF THE LANDMARK. ANY WAY, MOVE -- EVERY TIME, 14:56:58 EVERY DELAY F YOU'VE BEEN READING THE SERIES OF ARTICLES 14:57:01 THAT HAVE BEEN GOING ON, PRISON RAPE IS A SERIOUS PROBLEM. 14:57:06 ANOTHER LONG DELAY WILL MEAN MORE PEOPLE WILL FACE THIS IN 14:57:09 PRISON. I'M DISAPPOINTED IN THE FACT 14:57:11 THAT YOU REDUCED THE FUNDING FOR SOMETHING THAT YOU SAY YOU'RE 14:57:15 INTERESTED IN. THE LAST QUESTION -- 14:57:16 >> WE HAVE TO DEAL WITH A DEADLINE THAT, WITH ALL DUE 14:57:20 RESPECT, THAT I THINK WAS ARTIFICIALLY SHORT. 14:57:23 GIVEN THE FACT THAT YOU GAVE TWO YEARS TO THE COMMISSION TO DO 14:57:26 ITS WORK AND ONLY ONE YEAR TO THE DEPARTMENT TO EFFECTUATE 14:57:34 THE -- >> BECAUSE THE DEPARTMENT DRUG 14:57:36 ITS HEELS ON THE ISSUE. WE BROUGHT SOME OF THE BEST 14:57:38 MINDS TO LOOK AT THIS AND GIVE THEM ADEQUATE TIME. 14:57:41 RIGHT NOW THE DEPARTMENT SHOULD HAVE ENOUGH INFORMATION TO MOVE 14:57:43 AHEAD. PEOPLE ARE BEING RAPED IN PRISON 14:57:46 EVERY DAY, EVERY DAY. TODAY, BY THE END OF THE DAY, 14:57:49 SOMEONE WILL BE -- THAT WILL HAPPEN TO THEM. 14:57:51 SO TO PUSH THIS OFF FOR ANOTHER YEAR IS UNACCEPTABLE. 14:57:55 TO REDUCE YOUR FUNDING AT THE SAME TIME. 14:57:58 THE LAST QUESTION -- >> I WILL DO WHAT THE STATUTE 14:58:02 SAYS WE HAVE TO DO. WE WILL DO IT RIGHT. 14:58:04 BUT LET ME JUST SAY ONE THING. THE DEGREE TO WHICH WE MEASURE 14:58:10 SERIOUSNESS, IF YOU WANT TO SAY IT'S ABOUT MONEY, I HAVE TO 14:58:15 WONDER, WHAT WAS IT THAT DROVE THIS BODY TO SAY YOU HAVE THE 14:58:19 RESPONSIBILITY TO MAKE THESE CHANGES, TO MAKE SURE THESE 14:58:22 CHANGES OCCUR, AND YET YOU CANNOT HAVE -- IT CANNOT HAVE A 14:58:26 COST IMPACT. WHEN I SPEAK TO WARDENS, WHEN I 14:58:29 SPEAK TO PEOPLE WHO RUN LOCAL JAILS, WHEN I SPEAK TO PEOPLE 14:58:33 WHO RUN STATE FACILITIES, THEY LOOK AT ME AND SAY ERIC, HOW ARE 14:58:38 WE GOING TO DO THIS? WHO ARE WE SUPPOSED TO DO THIS? 14:58:41 THAT IS WHAT WE'RE TRYING TO WORK OUT. 14:58:43 WAYS IN WHICH WE CAN FOLLOW THE DICTATES OF THE STATUTE AND DO 14:58:47 SOMETHING THAT IS MEANINGFUL. NOT SOMETHING THAT IS GOING TO 14:58:50 BE, YOU KNOW, A SHOW THING. SOMETHING THAT WILL HAVE A 14:58:54 MEASURABLE IMPACT. >> I KNOW. 14:58:55 WE PUT THE LEGISLATION IN BECAUSE WE TALKED TO PEOPLE THAT 14:58:59 IT HAPPENED TO. IT'S NOT A SHOW THING. 14:59:01 IT'S A REAL THING. IS A REALITY THING.

/n00:00:00:00 /nLEAD STORIES: President Bush to China: Release U.S. Air Crew Soon or Risk Damaging U.S.-China Relations; Bush Administration Sends Congress Its Budget; GUESTS: Winston Lord, fmr US ...