Text 3205, 490 rader
Skriven 2006-09-06 23:31:20 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (0609063) for Wed, 2006 Sep 6
===================================================
===========================================================================
President Discusses Creation of Military Commissions to Try Suspected
Terrorists
===========================================================================

For Immediate Release
Office of the Press Secretary
September 6, 2006

President Discusses Creation of Military Commissions to Try Suspected
Terrorists
The East Room

President's Remarks view

˙˙˙˙˙ Fact Sheet: The Administration's Legislation to Create Military
Commissions ˙˙˙˙˙ Myth/Fact: The Administration's Legislation to Create
Military Commissions ˙˙˙˙˙ Fact Sheet: Bringing Terrorists to Justice ˙˙˙˙˙
In Focus: National Security

1:45 P.M. EDT

THE PRESIDENT: Thank you. Thanks for the warm welcome. Welcome to the White
House. Mr. Vice President, Secretary Rice, Attorney General Gonzales,
Ambassador Negroponte, General Hayden, members of the United States
Congress, families who lost loved ones in the terrorist attacks on our
nation, and my fellow citizens: Thanks for coming.

On the morning of September the 11th, 2001, our nation awoke to a nightmare
attack. Nineteen men, armed with box cutters, took control of airplanes and
turned them into missiles. They used them to kill nearly 3,000 innocent
people. We watched the Twin Towers collapse before our eyes -- and it
became instantly clear that we'd entered a new world, and a dangerous new
war.

The attacks of September the 11th horrified our nation. And amid the grief
came new fears and urgent questions: Who had attacked us? What did they
want? And what else were they planning? Americans saw the destruction the
terrorists had caused in New York, and Washington, and Pennsylvania, and
they wondered if there were other terrorist cells in our midst poised to
strike; they wondered if there was a second wave of attacks still to come.

With the Twin Towers and the Pentagon still smoldering, our country on
edge, and a stream of intelligence coming in about potential new attacks,
my administration faced immediate challenges: We had to respond to the
attack on our country. We had to wage an unprecedented war against an enemy
unlike any we had fought before. We had to find the terrorists hiding in
America and across the world, before they were able to strike our country
again. So in the early days and weeks after 9/11, I directed our
government's senior national security officials to do everything in their
power, within our laws, to prevent another attack.

Nearly five years have passed since these -- those initial days of shock
and sadness -- and we are thankful that the terrorists have not succeeded
in launching another attack on our soil. This is not for the lack of desire
or determination on the part of the enemy. As the recently foiled plot in
London shows, the terrorists are still active, and they're still trying to
strike America, and they're still trying to kill our people. One reason the
terrorists have not succeeded is because of the hard work of thousands of
dedicated men and women in our government, who have toiled day and night,
along with our allies, to stop the enemy from carrying out their plans. And
we are grateful for these hardworking citizens of ours.

Another reason the terrorists have not succeeded is because our government
has changed its policies -- and given our military, intelligence, and law
enforcement personnel the tools they need to fight this enemy and protect
our people and preserve our freedoms.

The terrorists who declared war on America represent no nation, they defend
no territory, and they wear no uniform. They do not mass armies on borders,
or flotillas of warships on the high seas. They operate in the shadows of
society; they send small teams of operatives to infiltrate free nations;
they live quietly among their victims; they conspire in secret, and then
they strike without warning. In this new war, the most important source of
information on where the terrorists are hiding and what they are planning
is the terrorists, themselves. Captured terrorists have unique knowledge
about how terrorist networks operate. They have knowledge of where their
operatives are deployed, and knowledge about what plots are underway. This
intelligence -- this is intelligence that cannot be found any other place.
And our security depends on getting this kind of information. To win the
war on terror, we must be able to detain, question, and, when appropriate,
prosecute terrorists captured here in America, and on the battlefields
around the world.

After the 9/11 attacks, our coalition launched operations across the world
to remove terrorist safe havens, and capture or kill terrorist operatives
and leaders. Working with our allies, we've captured and detained thousands
of terrorists and enemy fighters in Afghanistan, in Iraq, and other fronts
of this war on terror. These enemy -- these are enemy combatants, who were
waging war on our nation. We have a right under the laws of war, and we
have an obligation to the American people, to detain these enemies and stop
them from rejoining the battle.

Most of the enemy combatants we capture are held in Afghanistan or in Iraq,
where they're questioned by our military personnel. Many are released after
questioning, or turned over to local authorities -- if we determine that
they do not pose a continuing threat and no longer have significant
intelligence value. Others remain in American custody near the battlefield,
to ensure that they don't return to the fight.

In some cases, we determine that individuals we have captured pose a
significant threat, or may have intelligence that we and our allies need to
have to prevent new attacks. Many are al Qaeda operatives or Taliban
fighters trying to conceal their identities, and they withhold information
that could save American lives. In these cases, it has been necessary to
move these individuals to an environment where they can be held secretly
[sic], questioned by experts, and -- when appropriate -- prosecuted for
terrorist acts.

Some of these individuals are taken to the United States Naval Base at
Guantanamo Bay, Cuba. It's important for Americans and others across the
world to understand the kind of people held at Guantanamo. These aren't
common criminals, or bystanders accidentally swept up on the battlefield --
we have in place a rigorous process to ensure those held at Guantanamo Bay
belong at Guantanamo. Those held at Guantanamo include suspected bomb
makers, terrorist trainers, recruiters and facilitators, and potential
suicide bombers. They are in our custody so they cannot murder our people.
One detainee held at Guantanamo told a questioner questioning him -- he
said this: "I'll never forget your face. I will kill you, your brothers,
your mother, and sisters."

In addition to the terrorists held at Guantanamo, a small number of
suspected terrorist leaders and operatives captured during the war have
been held and questioned outside the United States, in a separate program
operated by the Central Intelligence Agency. This group includes
individuals believed to be the key architects of the September the 11th
attacks, and attacks on the USS Cole, an operative involved in the bombings
of our embassies in Kenya and Tanzania, and individuals involved in other
attacks that have taken the lives of innocent civilians across the world.
These are dangerous men with unparalleled knowledge about terrorist
networks and their plans for new attacks. The security of our nation and
the lives of our citizens depend on our ability to learn what these
terrorists know.

Many specifics of this program, including where these detainees have been
held and the details of their confinement, cannot be divulged. Doing so
would provide our enemies with information they could use to take
retribution against our allies and harm our country. I can say that
questioning the detainees in this program has given us information that has
saved innocent lives by helping us stop new attacks -- here in the United
States and across the world. Today, I'm going to share with you some of the
examples provided by our intelligence community of how this program has
saved lives; why it remains vital to the security of the United States, and
our friends and allies; and why it deserves the support of the United
States Congress and the American people.

Within months of September the 11th, 2001, we captured a man known as Abu
Zubaydah. We believe that Zubaydah was a senior terrorist leader and a
trusted associate of Osama bin Laden. Our intelligence community believes
he had run a terrorist camp in Afghanistan where some of the 9/11 hijackers
trained, and that he helped smuggle al Qaeda leaders out of Afghanistan
after coalition forces arrived to liberate that country. Zubaydah was
severely wounded during the firefight that brought him into custody -- and
he survived only because of the medical care arranged by the CIA.

After he recovered, Zubaydah was defiant and evasive. He declared his
hatred of America. During questioning, he at first disclosed what he
thought was nominal information -- and then stopped all cooperation. Well,
in fact, the "nominal" information he gave us turned out to be quite
important. For example, Zubaydah disclosed Khalid Sheikh Mohammed -- or KSM
-- was the mastermind behind the 9/11 attacks, and used the alias "Muktar."
This was a vital piece of the puzzle that helped our intelligence community
pursue KSM. Abu Zubaydah also provided information that helped stop a
terrorist attack being planned for inside the United States -- an attack
about which we had no previous information. Zubaydah told us that al Qaeda
operatives were planning to launch an attack in the U.S., and provided
physical descriptions of the operatives and information on their general
location. Based on the information he provided, the operatives were
detained -- one while traveling to the United States.

We knew that Zubaydah had more information that could save innocent lives,
but he stopped talking. As his questioning proceeded, it became clear that
he had received training on how to resist interrogation. And so the CIA
used an alternative set of procedures. These procedures were designed to be
safe, to comply with our laws, our Constitution, and our treaty
obligations. The Department of Justice reviewed the authorized methods
extensively and determined them to be lawful. I cannot describe the
specific methods used -- I think you understand why -- if I did, it would
help the terrorists learn how to resist questioning, and to keep
information from us that we need to prevent new attacks on our country. But
I can say the procedures were tough, and they were safe, and lawful, and
necessary.

Zubaydah was questioned using these procedures, and soon he began to
provide information on key al Qaeda operatives, including information that
helped us find and capture more of those responsible for the attacks on
September the 11th. For example, Zubaydah identified one of KSM's
accomplices in the 9/11 attacks -- a terrorist named Ramzi bin al Shibh.
The information Zubaydah provided helped lead to the capture of bin al
Shibh. And together these two terrorists provided information that helped
in the planning and execution of the operation that captured Khalid Sheikh
Mohammed.

Once in our custody, KSM was questioned by the CIA using these procedures,
and he soon provided information that helped us stop another planned attack
on the United States. During questioning, KSM told us about another al
Qaeda operative he knew was in CIA custody -- a terrorist named Majid Khan.
KSM revealed that Khan had been told to deliver $50,000 to individuals
working for a suspected terrorist leader named Hambali, the leader of al
Qaeda's Southeast Asian affiliate known as "J-I". CIA officers confronted
Khan with this information. Khan confirmed that the money had been
delivered to an operative named Zubair, and provided both a physical
description and contact number for this operative.

Based on that information, Zubair was captured in June of 2003, and he soon
provided information that helped lead to the capture of Hambali. After
Hambali's arrest, KSM was questioned again. He identified Hambali's brother
as the leader of a "J-I" cell, and Hambali's conduit for communications
with al Qaeda. Hambali's brother was soon captured in Pakistan, and, in
turn, led us to a cell of 17 Southeast Asian "J-I" operatives. When
confronted with the news that his terror cell had been broken up, Hambali
admitted that the operatives were being groomed at KSM's request for
attacks inside the United States -- probably [sic] using airplanes.

During questioning, KSM also provided many details of other plots to kill
innocent Americans. For example, he described the design of planned attacks
on buildings inside the United States, and how operatives were directed to
carry them out. He told us the operatives had been instructed to ensure
that the explosives went off at a point that was high enough to prevent the
people trapped above from escaping out the windows.

KSM also provided vital information on al Qaeda's efforts to obtain
biological weapons. During questioning, KSM admitted that he had met three
individuals involved in al Qaeda's efforts to produce anthrax, a deadly
biological agent -- and he identified one of the individuals as a terrorist
named Yazid. KSM apparently believed we already had this information,
because Yazid had been captured and taken into foreign custody before KSM's
arrest. In fact, we did not know about Yazid's role in al Qaeda's anthrax
program. Information from Yazid then helped lead to the capture of his two
principal assistants in the anthrax program. Without the information
provided by KSM and Yazid, we might not have uncovered this al Qaeda
biological weapons program, or stopped this al Qaeda cell from developing
anthrax for attacks against the United States.

These are some of the plots that have been stopped because of the
information of this vital program. Terrorists held in CIA custody have also
provided information that helped stop a planned strike on U.S. Marines at
Camp Lemonier in Djibouti -- they were going to use an explosive laden
water tanker. They helped stop a planned attack on the U.S. consulate in
Karachi using car bombs and motorcycle bombs, and they helped stop a plot
to hijack passenger planes and fly them into Heathrow or the Canary Wharf
in London.

We're getting vital information necessary to do our jobs, and that's to
protect the American people and our allies.

Information from the terrorists in this program has helped us to identify
individuals that al Qaeda deemed suitable for Western operations, many of
whom we had never heard about before. They include terrorists who were set
to case targets inside the United States, including financial buildings in
major cities on the East Coast. Information from terrorists in CIA custody
has played a role in the capture or questioning of nearly every senior al
Qaeda member or associate detained by the U.S. and its allies since this
program began. By providing everything from initial leads to photo
identifications, to precise locations of where terrorists were hiding, this
program has helped us to take potential mass murderers off the streets
before they were able to kill.

This program has also played a critical role in helping us understand the
enemy we face in this war. Terrorists in this program have painted a
picture of al Qaeda's structure and financing, and communications and
logistics. They identified al Qaeda's travel routes and safe havens, and
explained how al Qaeda's senior leadership communicates with its operatives
in places like Iraq. They provided information that allows us -- that has
allowed us to make sense of documents and computer records that we have
seized in terrorist raids. They've identified voices in recordings of
intercepted calls, and helped us understand the meaning of potentially
critical terrorist communications.

The information we get from these detainees is corroborated by
intelligence, and we've received -- that we've received from other sources
-- and together this intelligence has helped us connect the dots and stop
attacks before they occur. Information from the terrorists questioned in
this program helped unravel plots and terrorist cells in Europe and in
other places. It's helped our allies protect their people from deadly
enemies. This program has been, and remains, one of the most vital tools in
our war against the terrorists. It is invaluable to America and to our
allies. Were it not for this program, our intelligence community believes
that al Qaeda and its allies would have succeeded in launching another
attack against the American homeland. By giving us information about
terrorist plans we could not get anywhere else, this program has saved
innocent lives.

This program has been subject to multiple legal reviews by the Department
of Justice and CIA lawyers; they've determined it complied with our laws.
This program has received strict oversight by the CIA's Inspector General.
A small number of key leaders from both political parties on Capitol Hill
were briefed about this program. All those involved in the questioning of
the terrorists are carefully chosen and they're screened from a pool of
experienced CIA officers. Those selected to conduct the most sensitive
questioning had to complete more than 250 additional hours of specialized
training before they are allowed to have contact with a captured terrorist.

I want to be absolutely clear with our people, and the world: The United
States does not torture. It's against our laws, and it's against our
values. I have not authorized it -- and I will not authorize it. Last year,
my administration worked with Senator John McCain, and I signed into law
the Detainee Treatment Act, which established the legal standard for
treatment of detainees wherever they are held. I support this act. And as
we implement this law, our government will continue to use every lawful
method to obtain intelligence that can protect innocent people, and stop
another attack like the one we experienced on September the 11th, 2001.

The CIA program has detained only a limited number of terrorists at any
given time -- and once we've determined that the terrorists held by the CIA
have little or no additional intelligence value, many of them have been
returned to their home countries for prosecution or detention by their
governments. Others have been accused of terrible crimes against the
American people, and we have a duty to bring those responsible for these
crimes to justice. So we intend to prosecute these men, as appropriate, for
their crimes.

Soon after the war on terror began, I authorized a system of military
commissions to try foreign terrorists accused of war crimes. Military
commissions have been used by Presidents from George Washington to Franklin
Roosevelt to prosecute war criminals, because the rules for trying enemy
combatants in a time of conflict must be different from those for trying
common criminals or members of our own military. One of the first suspected
terrorists to be put on trial by military commission was one of Osama bin
Laden's bodyguards -- a man named Hamdan. His lawyers challenged the
legality of the military commission system. It took more than two years for
this case to make its way through the courts. The Court of Appeals for the
District of Columbia Circuit upheld the military commissions we had
designed, but this past June, the Supreme Court overturned that decision.
The Supreme Court determined that military commissions are an appropriate
venue for trying terrorists, but ruled that military commissions needed to
be explicitly authorized by the United States Congress.

So today, I'm sending Congress legislation to specifically authorize the
creation of military commissions to try terrorists for war crimes. My
administration has been working with members of both parties in the House
and Senate on this legislation. We put forward a bill that ensures these
commissions are established in a way that protects our national security,
and ensures a full and fair trial for those accused. The procedures in the
bill I am sending to Congress today reflect the reality that we are a
nation at war, and that it's essential for us to use all reliable evidence
to bring these people to justice.

We're now approaching the five-year anniversary of the 9/11 attacks -- and
the families of those murdered that day have waited patiently for justice.
Some of the families are with us today -- they should have to wait no
longer. So I'm announcing today that Khalid Sheikh Mohammed, Abu Zubaydah,
Ramzi bin al-Shibh, and 11 other terrorists in CIA custody have been
transferred to the United States Naval Base at Guantanamo Bay. (Applause.)
They are being held in the custody of the Department of Defense. As soon as
Congress acts to authorize the military commissions I have proposed, the
men our intelligence officials believe orchestrated the deaths of nearly
3,000 Americans on September the 11th, 2001, can face justice. (Applause.)

We'll also seek to prosecute those believed to be responsible for the
attack on the USS Cole, and an operative believed to be involved in the
bombings of the American embassies in Kenya and Tanzania. With these
prosecutions, we will send a clear message to those who kill Americans: No
longer -- how long it takes, we will find you and we will bring you to
justice. (Applause.)

These men will be held in a high-security facility at Guantanamo. The
International Committee of the Red Cross is being advised of their
detention, and will have the opportunity to meet with them. Those charged
with crimes will be given access to attorneys who will help them prepare
their defense -- and they will be presumed innocent. While at Guantanamo,
they will have access to the same food, clothing, medical care, and
opportunities for worship as other detainees. They will be questioned
subject to the new U.S. Army Field Manual, which the Department of Defense
is issuing today. And they will continue to be treated with the humanity
that they denied others.

As we move forward with the prosecutions, we will continue to urge nations
across the world to take back their nationals at Guantanamo who will not be
prosecuted by our military commissions. America has no interest in being
the world's jailer. But one of the reasons we have not been able to close
Guantanamo is that many countries have refused to take back their nationals
held at the facility. Other countries have not provided adequate assurances
that their nationals will not be mistreated -- or they will not return to
the battlefield, as more than a dozen people released from Guantanamo
already have. We will continue working to transfer individuals held at
Guantanamo, and ask other countries to work with us in this process. And we
will move toward the day when we can eventually close the detention
facility at Guantanamo Bay.

I know Americans have heard conflicting information about Guantanamo. Let
me give you some facts. Of the thousands of terrorists captured across the
world, only about 770 have ever been sent to Guantanamo. Of these, about
315 have been returned to other countries so far -- and about 455 remain in
our custody. They are provided the same quality of medical care as the
American service members who guard them. The International Committee of the
Red Cross has the opportunity to meet privately with all who are held
there. The facility has been visited by government officials from more than
30 countries, and delegations from international organizations, as well.
After the Organization for Security and Cooperation in Europe came to
visit, one of its delegation members called Guantanamo "a model prison"
where people are treated better than in prisons in his own country. Our
troops can take great pride in the work they do at Guantanamo Bay -- and so
can the American people.

As we prosecute suspected terrorist leaders and operatives who have now
been transferred to Guantanamo, we'll continue searching for those who have
stepped forward to take their places. This nation is going to stay on the
offense to protect the American people. We will continue to bring the
world's most dangerous terrorists to justice -- and we will continue
working to collect the vital intelligence we need to protect our country.
The current transfers mean that there are now no terrorists in the CIA
program. But as more high-ranking terrorists are captured, the need to
obtain intelligence from them will remain critical -- and having a CIA
program for questioning terrorists will continue to be crucial to getting
life-saving information.

Some may ask: Why are you acknowledging this program now? There are two
reasons why I'm making these limited disclosures today. First, we have
largely completed our questioning of the men -- and to start the process
for bringing them to trial, we must bring them into the open. Second, the
Supreme Court's recent decision has impaired our ability to prosecute
terrorists through military commissions, and has put in question the future
of the CIA program. In its ruling on military commissions, the Court
determined that a provision of the Geneva Conventions known as "Common
Article Three" applies to our war with al Qaeda. This article includes
provisions that prohibit "outrages upon personal dignity" and "humiliating
and degrading treatment." The problem is that these and other provisions of
Common Article Three are vague and undefined, and each could be interpreted
in different ways by American or foreign judges. And some believe our
military and intelligence personnel involved in capturing and questioning
terrorists could now be at risk of prosecution under the War Crimes Act --
simply for doing their jobs in a thorough and professional way.

This is unacceptable. Our military and intelligence personnel go face to
face with the world's most dangerous men every day. They have risked their
lives to capture some of the most brutal terrorists on Earth. And they have
worked day and night to find out what the terrorists know so we can stop
new attacks. America owes our brave men and women some things in return. We
owe them their thanks for saving lives and keeping America safe. And we owe
them clear rules, so they can continue to do their jobs and protect our
people.

So today, I'm asking Congress to pass legislation that will clarify the
rules for our personnel fighting the war on terror. First, I'm asking
Congress to list the specific, recognizable offenses that would be
considered crimes under the War Crimes Act -- so our personnel can know
clearly what is prohibited in the handling of terrorist enemies. Second,
I'm asking that Congress make explicit that by following the standards of
the Detainee Treatment Act our personnel are fulfilling America's
obligations under Common Article Three of the Geneva Conventions. Third,
I'm asking that Congress make it clear that captured terrorists cannot use
the Geneva Conventions as a basis to sue our personnel in courts -- in U.S.
courts. The men and women who protect us should not have to fear lawsuits
filed by terrorists because they're doing their jobs.

The need for this legislation is urgent. We need to ensure that those
questioning terrorists can continue to do everything within the limits of
the law to get information that can save American lives. My administration
will continue to work with the Congress to get this legislation enacted --
but time is of the essence. Congress is in session just for a few more
weeks, and passing this legislation ought to be the top priority.
(Applause.)

As we work with Congress to pass a good bill, we will also consult with
congressional leaders on how to ensure that the CIA program goes forward in
a way that follows the law, that meets the national security needs of our
country, and protects the brave men and women we ask to obtain information
that will save innocent lives. For the sake of our security, Congress needs
to act, and update our laws to meet the threats of this new era. And I know
they will.

We're engaged in a global struggle -- and the entire civilized world has a
stake in its outcome. America is a nation of law. And as I work with
Congress to strengthen and clarify our laws here at home, I will continue
to work with members of the international community who have been our
partners in this struggle. I've spoken with leaders of foreign governments,
and worked with them to address their concerns about Guantanamo and our
detention policies. I'll continue to work with the international community
to construct a common foundation to defend our nations and protect our
freedoms.

Free nations have faced new enemies and adjusted to new threats before --
and we have prevailed. Like the struggles of the last century, today's war
on terror is, above all, a struggle for freedom and liberty. The
adversaries are different, but the stakes in this war are the same: We're
fighting for our way of life, and our ability to live in freedom. We're
fighting for the cause of humanity, against those who seek to impose the
darkness of tyranny and terror upon the entire world. And we're fighting
for a peaceful future for our children and our grandchildren.

May God bless you all. (Applause.)

END 2:22 P.M. EDT

===========================================================================
Return to this article at:
http://www.whitehouse.gov/news/releases/2006/09/20060906-3.html

 * Origin: (1:3634/12)