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Cossack: Terrorist investigation raising many legal issues

CNN legal analyst Roger Cossack

CNN legal analyst Roger Cossack addresses several issues in the wake of the terrorist attacks and the ongoing investigation:

CNN: The government “watch list” is getting some attention after at least two suspected hijackers managed to get in the country despite being on “watch lists.” What are these lists?

COSSACK: Basically, it is suspected individuals whom the government has concerns about or may have information about. The government keeps a list of those people and gives it to airlines [and[ Customs officials to keep up with the suspected individuals’ whereabouts.

CNN: Also, “material witness” has become the word of the day as far as the daily investigation goes. What separates a material witness from someone under arrest?

COSSACK: A material witness is someone who the government believes may have information about a pending case, but someone who also may flee the country. The prosecution must present its case to a judge, who will then issue a warrant.

In the case of the Oklahoma City bombing, Terry Nichols was a material witness before he was charged.

Using the “material witness” is a way for the government to protect itself. However, these people can only be detained for a reasonable amount of time. If the prosecution wants to keep the witness longer, it must go back and show cause to a judge.

CNN: What rights do these type of witnesses have?

COSSACK: Just like someone who has been arrested, material witnesses can take the Fifth [Amendment] and ask for a lawyer. The difference is that material witnesses will probably be denied bail because the government believes they will flee.

CNN: Attorney General John Ashcroft said Monday that he was pushing for a new law regarding wiretapping. What changes is he proposing?

COSSACK: The attorney general feels the current laws are outdated. People today can trade their phones in, get new ones, move around. The government now wants to wiretap the individual -- not the equipment, the telephone number as it is now.

The attorney general also wants a blanket jurisdiction. As it is now, if the wiretap is in one jurisdiction, you have to have another wiretap if that person crosses into another jurisdiction.

However, probable cause still has to be shown in order to get the wiretap.

CNN: Ashcroft also is calling for the elimination of the statute of limitations on terrorist crimes. Is this a knee-jerk response in light of last week’s attacks?

COSSACK: Traditionally, only murder cases had no statute of limitations. Now, the attorney general is wanting to treat terrorism as murder, and in this case it was. Basically, what he’s saying is, "We will search for you forever."