Peter Jennings interviews John Ashcroft on the Patriot act

An excerpt: JENNINGS: Speaking of differences, I'd like to talk a little bit about Jose Padilla. He's an American citizen, born in the Bronx, picked up in Chicago, held in an American prison, and now he is neither charged, nor allowed to see a lawyer. Why not? It seems the most basic of American instincts.

ASHCROFT: Well, he's not a person detained under the article three judicial process of the country. He is detained as an enemy combatant. And at time of war, individuals have been subject to detention as enemy combatants in virtually every war in history. This is a rarely used situation, because this administration is so respectful of the liberties of Americans. But, in the second world war when there were American citizens who were captures on the battlefield, they were held as detained individuals, as enemy combatants, and we don't allow prisoners of war to have lawyers or otherwise. And when the circumstance of the, of the combat is over, then it's time to resolve those situations. But for persons who are part of a war against the United States, we don't treat them as we do individuals who are part of the criminal justice system in the United States, never have. Second World War when Americans were participants with the Germans who came into the United States to blow up some of our infrastructure, they were detained as enemy combatants, and literally they were then tried in tribunals, and were executed.

JENNINGS: They had lawyers.

ASHCROFT: They did.