Terror prosecutor defends tactics

WASHINGTON -- The government's top terrorism prosecutor, grilled Wednesday by senators angry they weren't consulted about new get-tough police tactics, defended the changes as crucial to stopping "sleeper" terrorists waiting to strike Americans.

Assistant Attorney General Michael Chertoff sought to assure a skeptical Senate Judiciary Committee that Attorney General John Ashcroft considered Congress a "full partner" in the war on terrorism.

At a Senate hearing, Chertoff repeatedly defended the administration's most controversial tactics -- authorization of military tribunals, monitoring of jailhouse conversations between lawyers and clients, secret detentions -- as necessary for national security.

"We could continue as before and hope for the best," he said. "Or we can pursue an investigative approach that uses every available lawful technique to try to identify, disrupt and if possible incarcerate or deport sleepers."

"How can you talk about a full partnership when no one told us this was coming down?" asked Arlen Specter, R-Pa.

The committee's Democratic chairman, Patrick Leahy of Vermont, said he was concerned some measures may infringe on civil liberties or undercut American justice.

"You didn't feel it was at all necessary" to let Congress weigh in? Leahy asked about the military tribunal plan.

Chertoff countered the president had the power to authorize the tribunals, which come under the jurisdiction of the Defense Department.

"So it's those guys' fault, not yours?" Leahy retorted.

Military tribunals can hold secret trials and afford fewer rights for the accused than civilian U.S. courts, but Chertoff said they can be fair if proper rules are applied. The Defense Department is developing rules now, he said.

"The presumption that we are going to hold secret trials is an unfair presumption," Chertoff said.

Using new antiterrorism measures passed by Congress last month, investigators have tracked suspects on the Internet and culled through intelligence files that were previously off limits.

But they have yet to use a new power to monitor conversations between suspects detained in the terrorism investigation and their lawyers, Chertoff said.

He said 16 prisoners' conversations with lawyers were being monitored -- 12 convicted terrorists and four people held on espionage charges. He said none was being held in connection with the Sept. 11 investigation.

Lawmakers questioned Chertoff about withholding the names of detainees held on immigration charges. He said it was up to the detainees to identify themselves if they want to make their names public and denied that any were being held incommunicado. He acknowledged "some slippage" in the early days of the investigation that made it difficult for some to contact attorneys.

In New York, authorities charged Tariq Gujar, a Pakistani, with financial fraud for giving $180,000 in cash to others who wired the money overseas, according to a complaint unsealed Wednesday. The others named were Nawabzada Ghazanfar Ali Khan, Mohammad Sadiq and Mohammad Chaudhary.

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