ASHINGTON, Nov. 15 — Secretary of Defense Donald H.
Rumsfeld sought today to address growing criticism over plans to try
terrorists before military tribunals, saying he would move in a
"very measured and conservative" way to establish procedures for
such trials.
"It's not something we want to deal with on an ad hoc basis as it
happens," Mr. Rumsfeld said.
In comments at the Pentagon, Mr. Rumsfeld said he had asked the
department's general counsel, William J. Haynes II, to begin writing
the procedures for the tribunals, which would be the first since
World War II. Mr. Haynes, he said, would review precedents in
American history dating to the Revolutionary War.
Mr. Rumsfeld acknowledged that the rules for military tribunals
would be decidedly differently from those for civilian trials. And
Pentagon officials said today that they were devising regulations
that were likely to include a more flexible standard for evidence
than civilian trials would accept. They said the tribunals would
probably allow conviction of a suspected terrorist on a two-thirds
vote of the officers on the panel.
Such departures have drawn complaints from civil liberties groups
and members of Congress.
Senator Arlen Specter, Republican of Pennsylvania, took to the
Senate floor today to demand hearings on the plan, contending that
the White House was bypassing Congress and unilaterally expanding
its powers.
Senator Patrick J. Leahy, the Vermont Democrat who is chairman of
the Judiciary Committee, quickly picked up a microphone to agree
with Mr. Specter.
He then added complaints about other recent administration
actions taken without Congressional participation.
Mr. Leahy said tonight that he would hold hearings immediately
after Thanksgiving and that he would expect Attorney General John
Ashcroft to answer questions at them.
One issue that remained unclear was exactly which prisoners would
qualify for a military tribunal. At the least, the tribunals would
be used for people arrested overseas who could then be tried on
military bases or, as Pentagon officials said today, on ships at
sea.
Vice President Dick Cheney and other White House officials
suggested on Wednesday that foreigners arrested in the United States
might also be subject to the tribunals, but senior Justice
Department officials tonight said they were unaware of any such
plans.
The officials also said they had no indication that any of the
more than 1,100 people taken into custody since the Sept. 11 attacks
would be transferred to military custody.
Still, a senior Pentagon official said today that the first
suspects could be transferred to military custody before tribunal
procedures were completed, suggesting that turnovers could come at
any time.
George J. Terwilliger III, a former deputy attorney general in
the first Bush administration who has been an adviser to the Justice
Department, said in a speech today that it might also be permissible
for the United States government to transfer terrorist suspects to
other nations with different standards of interrogation.
"We can't be picking and choosing our friends," Mr. Terwilliger
said at a meeting of the Federalist Society, a conservative lawyers
group that was holding its annual meeting in Washington.
There appeared to be widespread support for the administration's
actions among those at the meeting, though some conservatives voiced
rumblings of disquiet over the increasing authority of the federal
government.
Prof. Eugene Volokh, who teaches at the law schools of the
University of California at Los Angeles and George Mason University,
said that "many people, conservatives, are feeling tension between
the extension of government power and the realization that there are
real security concerns at issue here."
Eugene B. Meyer, the executive director of the Federalist
Society, said the expansion of federal power might divide some in
the group because of the traditional dichotomy of conservatives who
are libertarians and those who favor a strong governmental
authority.
Manuel J. Klausner, a Los Angeles lawyer and founding editor of
the libertarian magazine Reason who was attending the meeting, said
that the libertarians usually made an exception to their distaste
for government in the case of national security.
"I believe in appropriate defense, because this is a matter of
our survival," Mr. Klausner said. But he added that he hoped the
steps taken by the administration would be short-lived.
Stewart A. Baker, a Washington lawyer and former general counsel
of the National Security Agency, said that he was mildly concerned
about the changes but generally supported the need for new
procedures.
"I don't think anyone wants to see Osama bin Laden brought before
a court here to be defended by Johnnie Cochran," he
said.