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Bush pushes legal fight against terrorism

"We're an open society, but we're at war," Bush tells U.S. attorneys in defense of military tribunals.

WASHINGTON (CNN) -- The Bush administration promoted its legal fight against terrorism on two fronts Thursday.

President Bush bluntly defended the use of military tribunals and Attorney General John Ashcroft announced a plan to assist foreign nationals with immigration if they supply information on suspected terrorists.

"If I determine that it is in the national security interests of our great land to try by military commissions those who make war on America, then we will do so," Bush said in a speech to a conference of chief federal prosecutors.

Bush's recent executive order to allow military tribunals instead of civil trials for suspected terrorist is one of several administration actions criticized by some legislators and pundits as threatening civil liberties.

Military tribunals do not hold the same guarantees for defendants, are held in secret and do not have a civilian jury.

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Democratic and Republican lawmakers alike have criticized Bush for his decision, saying he appears willing to sacrifice aspects of civil liberty even as the country fights for its freedom.

Without acknowledging his critics, Bush clearly rejected that argument.

"We're an open society, but we're at war," Bush told the federal district attorneys. "We must not let foreign enemies use the forms of liberty to destroy liberty itself."

Among the other controversial administration measures are "roving wiretaps," detention of non-U.S. citizens suspected of terrorism for seven days without filing charges, and questioning of 5,000 foreign nationals mostly from Middle Eastern countries.

But recent polls suggest the American public overwhelmingly supports most of the tougher antiterrorism measures as well as Bush's overall performance.

Military tribunals have been used a handful of times in U.S. history, including during the Civil War.

The president himself will decide on a "case-by-case" basis about which suspects should face such tribunals, said White House press secretary Ari Fleischer.

Shortly before Bush's speech, Ashcroft said foreign nationals living in the United States or abroad who give U.S. authorities information about suspected terrorists could win U.S. visas or other forms of immigration assistance.

Calling the new plan the "responsible cooperators program," Ashcroft said, "We want the kind of responsible people who would help us in the war against terrorism."

"If you have information which is reliable information and useful to us in preventing terrorism and apprehending those who are involved in terrorist activities, bring it to the FBI, or if you are overseas, to an embassy," Ashcroft said.

"And you could as a result of that information be provided a visa which will allow you to be in the United States, allow you if necessary to work in the United States and provide a basis for your someday becoming a citizen."

Ashcroft sent a directive outlining the new incentive initiative Thursday to the FBI, the Immigration and Naturalization Service, U.S. attorneys and the Justice Department's assistant attorney general for the criminal division.

It would be up to federal prosecutors to decide whether the information provided meets the standard, Justice Department officials said.

The United States and its coalition allies, Bush said Thursday, have arrested more than 350 members of al Qaeda -- the group headed by Osama bin Laden accused of planning and executing the September 11 terrorist attacks -- and other terrorists.