Fausta's Blog

American and Latin American Politics, Society, and Culture

May 1, 2009 By Fausta

Andrew McCarthy says “no”

An extraordinary article by Andrew McCarthy, whom I had the pleasure of meeting last year.

McCarthy was in charge of the prosecution of the first World Trade Center attack, an experience he described in his book Willful Blindness: Memoir of the Jihad. He was invited to attend a Department of Justice meeting of the Detention Policy Task Force this week, and he declined. Here’s why:

Saying No to Justice
Why I declined to meet with the President’s Detention Policy Task Force.

From my perspective, though, I’m a lawyer who’s been asked to give advice to the government by an administration that says such advice could lead to criminal investigation and professional discipline. And although the advice I would give is firmly rooted in the laws of war, and was reaffirmed by the Supreme Court in the 2004 Hamdi decision, this administration regards such detention as running afoul of the rule of law. Thus, as I wrote to the attorney general:

Given your policy of conducting ruinous criminal and ethics investigations of lawyers over the advice they offer the government, and your specific position that the wartime detention I would endorse is tantamount to a violation of law, it makes little sense for me to attend the Task Force meeting. After all, my choice would be to remain silent or risk jeopardizing myself.

The second reason for declining the Justice Department’s request is that the exercise known as the “President’s Detention Policy Task Force” is a farce. The administration has already settled on a detainee policy: It is simply going to release trained jihadists. Holder said as much in his Germany speech. In the irrational world he inhabits, the existence of Guantanamo Bay, where dangerous terrorists cannot harm anyone, is more of a security threat than jihadists roaming free, plotting to menace and murder us. That’s why the administration just released Binyam Mohammed, who conspired with Khalid Sheikh Mohammed and “Dirty Bomber” Jose Padilla to execute post-9/11 bombings in American cities. That’s why Holder will soon announce (perhaps as early as today) that the Chinese Uighur detainees — who’ve been affiliated with a designated terrorist organization and who’ve received paramilitary training at al-Qaeda camps — will not only be set free in the United States but will, according to National Intelligence Director Dennis Blair, subsist on the support of the American taxpayer.

For all their talk about “the rule of law,” President Obama and Attorney General Holder have to know this policy is illegal. In 2005, Congress provided in the REAL ID Act that aliens who’ve been affiliated with a terrorist organization or who’ve received paramilitary training (which has been a staple of virtually every jihadist plot against the United States) are excludable from the United States. Moreover, even if the administration were not riding roughshod over federal immigration law, it is endangering the American people. The sophistry required to believe that having people who want to kill us locked up is more perilous than loosing them on civilian populations is so absurd it nearly defies description.

To satisfy his antiwar base and to put paid to commitments offered by his top campaign advisers (like Eric Holder), President Obama promised to close Guantanamo Bay within a year, despite having no plan for what to do about the terrorists there, many of whom cannot be tried under the standards of the civilian justice system. Military proceedings are anathema to the administration — many of whose lawyers either represented the Gitmo detainees or come from firms that did. (Holder’s former firm, for example, brags on its website that it represents detainees in their wartime lawsuits against the American people.) And the administration is evidently not very interested in exploring novel systems of preventive detention, such as my proposal for a “national security court,” which would require extensive legislative work. Instead, the Obama policy is simply to release our enemies — knowing many are certain to return to the jihad — if that’s what it takes to comply with the president’s promise to close Gitmo by January.

Consequently, the President’s Detention Policy Task Force is not an effort to arrive at the best counterterrorism policy. It is an effort to justify a bad policy that has already been made — to be able to tell the American people that this suicidal approach was arrived at in consultation with experienced terrorism prosecutors and national-security officials.

You must read the entire article. While you’re at it, also read his excellent book.

UPDATE
The full text of the letter.

Share

Filed Under: 9/11, Barack Obama, Democrats, terrorism Tagged With: Andrew McCarthy, Department of Justice, Detention Policy Task Force, Fausta's blog

Comments

  1. Obi's Sister says

    May 1, 2009 at 6:49 pm

    Willful ignorance is the driving force behind this administration. Well, besides blind ego and socialism and BDS and … and … and …

  2. C1ON says

    May 1, 2009 at 7:26 pm

    DEMOCrat!

    BARRY BARAK BARACK BARRACK HUSSEIN MOHAMED ABDULLAH BIN SOETORO ONYANGO UBAMA

    ILLEGAL ALIEN , kenya
    _____________________________________________________

    PETITION:

    http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=81550

  3. 11B40 says

    May 1, 2009 at 8:50 pm

    Greetings”

    Quoting: “An extraordinary article by Andrew McCarthy, who I had the pleasure of meeting last year.”

    Shouldn’t that have been “whom I had the pleasure…”?

  4. Fausta says

    May 1, 2009 at 9:09 pm

    Yes!
    Corrected.

  5. GM Roper says

    May 2, 2009 at 1:11 pm

    Andrew McCarthy is one brave fellow. A hero for our times.

Tweets by @Fausta
retirees_raise-2015_300x250

Pages

  • About
  • Email

Meta

  • Register
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

Previous Posts

  • Mrs. Maisel goes full Alinsky on Mrs. Schlafly
  • Venezuela: Did the Minister of Defense back out at the last minute?
  • You need to unfriend me
  • Go ahead and Kiss the Girl, if you dare
  • Ashamed

Recent Comments

  • John on Mrs. Maisel goes full Alinsky on Mrs. Schlafly
  • Today’s hot topics: Democrats’ collusion shift, tax-return rift, Venezuela drift, and more! – PoliticalWitchDoctor.com on Venezuela: Did the Minister of Defense back out at the last minute?
  • Today’s hot topics: Democrats’ collusion shift, tax-return rift, Venezuela drift, and more! - AmericanTruthToday on Venezuela: Did the Minister of Defense back out at the last minute?
  • Did Venezuela’s Minister of Defense Back Out At The Last Minute? on Venezuela: Did the Minister of Defense back out at the last minute?
  • Roseanne Not Back, Khan not Invited, Operaman’s back, Jobs back, Fausta’s back (but not here yet) Thoughts under the fedora – Da Tech Guy Blog on Venezuela: Did the Minister of Defense back out at the last minute?

Archives

  • 2019
    • December 2019
    • May 2019
    • January 2019
  • 2018
    • December 2018
    • October 2018
    • July 2018
    • June 2018
    • April 2018
    • March 2018
    • February 2018
    • January 2018
  • 2017
    • December 2017
    • November 2017
    • October 2017
    • September 2017
    • August 2017
    • July 2017
    • June 2017
    • May 2017
    • April 2017
    • March 2017
    • February 2017
    • January 2017
  • 2016
    • December 2016
    • November 2016
    • October 2016
    • September 2016
    • August 2016
    • July 2016
    • June 2016
    • May 2016
    • April 2016
    • March 2016
    • February 2016
    • January 2016
  • 2015
    • December 2015
    • November 2015
    • October 2015
    • September 2015
    • August 2015
    • July 2015
    • June 2015
    • May 2015
    • April 2015
    • March 2015
    • February 2015
    • January 2015
  • 2014
    • December 2014
    • November 2014
    • October 2014
    • September 2014
    • August 2014
    • July 2014
    • June 2014
    • May 2014
    • April 2014
    • March 2014
    • February 2014
    • January 2014
  • 2013
    • December 2013
    • November 2013
    • October 2013
    • September 2013
    • August 2013
    • July 2013
    • June 2013
    • May 2013
    • April 2013
    • March 2013
    • February 2013
    • January 2013
  • 2012
    • December 2012
    • November 2012
    • October 2012
    • September 2012
    • August 2012
    • July 2012
    • June 2012
    • May 2012
    • April 2012
    • March 2012
    • February 2012
    • January 2012
  • 2011
    • December 2011
    • November 2011
    • October 2011
    • September 2011
    • August 2011
    • July 2011
    • June 2011
    • May 2011
    • April 2011
    • March 2011
    • February 2011
    • January 2011
  • 2010
    • December 2010
    • November 2010
    • October 2010
    • September 2010
    • August 2010
    • July 2010
    • June 2010
    • May 2010
    • April 2010
    • March 2010
    • February 2010
    • January 2010
  • 2009
    • December 2009
    • November 2009
    • October 2009
    • September 2009
    • August 2009
    • July 2009
    • June 2009
    • May 2009
    • April 2009
    • March 2009
    • February 2009
    • January 2009
  • 2008
    • December 2008
    • November 2008
    • October 2008
    • September 2008
    • August 2008
    • July 2008
    • June 2008
    • May 2008
    • April 2008
    • March 2008
    • February 2008
    • January 2008
  • 2007
    • December 2007
    • November 2007
    • October 2007
    • September 2007
    • August 2007
    • July 2007
    • June 2007
    • May 2007
    • April 2007
    • March 2007
    • February 2007
    • January 2007
  • 2006
    • December 2006
    • November 2006
    • October 2006
    • September 2006
    • August 2006
    • July 2006
    • June 2006
    • May 2006
    • April 2006
    • March 2006
    • February 2006
    • January 2006
  • 2005
    • December 2005
    • November 2005
    • October 2005
    • September 2005
    • August 2005
    • July 2005
    • June 2005
    • May 2005
    • April 2005
    • March 2005
    • February 2005
    • January 2005
  • 2004
    • December 2004
    • November 2004
    • October 2004
    • September 2004
    • August 2004
    • July 2004
    • June 2004
    • May 2004
    • April 2004
    • March 2004
Content Copyright Fausta's Blog

Site Developed and Managed by 300m.com