The real scandal surrounding the failed Christmas Day airline bombing was not the fact that a terrorist got on a plane — that can happen to any administration, as it surely did to the Bush administration — but what happened afterward when Umar Farouk Abdulmutallab was captured and came under the full control of the U.S. government.
After 50 minutes of questioning him, the Obama administration chose, reflexively and mindlessly, to give the chatty terrorist the right to remain silent. Which he immediately did, undoubtedly denying us crucial information about al-Qaeda in Yemen, which had trained, armed and dispatched him.
We have since learned that the decision to Mirandize Abdulmutallab had been made without the knowledge of or consultation with (1) the secretary of defense, (2) the secretary of homeland security, (3) the director of the FBI, (4) the director of the National Counterterrorism Center or (5) the director of national intelligence (DNI).
The Justice Department acted not just unilaterally but unaccountably. Obama’s own DNI said that Abdulmutallab should have been interrogated by the HIG, the administration’s new High-Value Detainee Interrogation Group.
Perhaps you hadn’t heard the term. Well, in the very first week of his presidency, Obama abolished by executive order the Bush-Cheney interrogation procedures and pledged to study a substitute mechanism. In August, the administration announced the establishment of the HIG, housed in the FBI but overseen by the National Security Council.
Where was it during the Abdulmutallab case? Not available, admitted National Intelligence Director Dennis Blair, because it had been conceived for use only abroad. Had not one person in this vast administration of highly nuanced sophisticates considered the possibility of a terror attack on American soil?
It gets worse. Blair later had to explain that the HIG was not deployed because it does not yet exist. After a year! I suppose this administration was so busy deploying scores of the country’s best lawyerly minds on finding the most rapid way to release Gitmo miscreants that it could not be bothered to establish a single operational HIG team to interrogate at-large miscreants with actionable intelligence that might save American lives.
The decision can not be reversed, either
Lieberman and Sen. Susan Collins had written an earlier letter asking for Abdulmutallab to be turned over to the military for renewed interrogation. The problem is, it’s hard to see how that decision gets reversed. Once you’ve read a man Miranda rights, what do you say? We are idiots? On second thought . . .
The decision to hold the KSM trial in NY can be reversed. The missed opportunity to gather meaningful intelligence from a terrorist can not.
Now Congress gets in the act, Congress and Terror Trials
Use the constitutional power to set court jurisdiction:, since Congress
can pass a law that strips the federal courts of jurisdiction over such unlawful enemy combatants as Abdulmutallab and KSM.
Let’s hope they do.
Newsy has a report on Yemen, where the pantybomber got his training and materials,