One Step Forward, One Back

The hypocrite in chief pinned another merit badge on his sash, this one for authorizing Bush style interrogation techniques, the one area that he has so far remained strident in not buckling on his principals, on a captured terrorist:

The U.S. military captured a Somali terrorism suspect in the Gulf of Aden in April and interrogated him for more than two months aboard a U.S. Navy ship before flying him this week to New York, where he has been indicted on federal charges.

The case represents the Obama administration’s attempt to find a middle ground between open-ended detentions in secret prisons, as practiced by the George W. Bush administration, and its commitment to try as many terrorism cases as possible in civilian courts.

With the capture of Ahmed Abdulkadir Warsame, the administration appeared to split the difference, with military and intelligence officials interrogating him secretly for two months before bringing in law enforcement officials to question him for purposes of an indictment. He is the first foreign terrorism suspect captured by the administration outside the United States and moved to this country for trial.

In flying Warsame to New York before announcing his capture, the administration circumvented likely congressional objections to his transfer here. Congress has barred the administration from moving detainees held at the U.S. military prison at Guantanamo Bay, Cuba, to the United States for trial.

Pretty sneaky, Mr. President, treating him as an enemy combatant while he gets worked over for information, then changing horses mid stream deciding that now a law enforcement approach fits more into your sense of justice. I told everyone in this thread that for all the grandstanding and demagogueing witnessed over cowboy diplomacy, when push comes to shove, Obama will keep everything on the table when it is his watch. So, instead of giving the captured terrorist a smoke, a soda, a lawyer, and Miranda Rights (more on this later) they keep him on a floating interrogation ship for two months, away from the press and any prying eyes. Once fully squeezed, at this point they Mirandize him, but of course he waives his rights figuring this has got to be some kind of American game where they put the screws to you (bad cop), then got warm and fuzzy with ,”You know, you don’t really have to talk to us, hahahahahahahaha” (good cop). Almost miraculously he goes from enemy combatant to criminal defendant.

True to form, from a guy that needs no congressional authorization for any war he thinks appropriate, he circumvents the fuss over transferring a terrorist suspect to mainland America without getting the proper permits (congressional permission) by sending him over first, then telling folks about it. Naturally, some aren’t too fond of this back door technique.

So now some American city is burdened with providing a show trial,and all the expenses that go with this rodeo, to appease Holder, who never wanted anyone tried by military commissions. Now that they are going the civilian trial route, what information will be allowed and what won’t, I mean, after all, we have rules, anything prior to Miranda is inadmissible in civilian court, do they have enough without the tainted confessions? Oh well, no matter, since Obama has authorized indefinite detention for those lacking in evidence to convict but still too dangerous to release.

Administration officials have argued that military commission jurisdiction is too narrow for some terrorism cases — particularly for a charge of material support for terrorist groups — and the Warsame case appeared to provide an opportunity to try to prove the point

What a bunch of horseshit. We already had a dry run with Hamdan, similar charges, providing material support to terrorists, it worked perfectly, proving that the apparatus is already in place to handle this guy.

This is really boneheaded, and I have little hope of calmer heads prevailing since there is a huge difference between trying a captured terrorist at Gitmo, if he is already at Gitmo, and sending a new internee there now for trial. This would cause every prog’s head in the country to explode, not a bad thing, certainly, but highly unlikely.

Anyone think Warsame got some water dripped down his nose?

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  1. Hal_10000

    I was about to put a post up on this. I think he acted correctly and it’s only mystifying to people who bough into the whole “reading miranda rights on a battlefield” shibboleth. This is the same thing we did with the undie bomber. Confine and interrogate (using traditional methods instead of torture). Once you’ve got the info, put him in the court system. Miranda only says you can’t use pre-warning info at trial, no that you can’t get it at all. And the objection to indefinite detention is that it’s indefinite. Holding a guy for two months is well within reason. Holding him for ten years without charges is a little more problematic.

    As far as I can tell, this is consistent with our treaty obligations and the rule of law.

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  2. richtaylor365 *

    This is the same thing we did with the undie bomber.

    These two cases are not only dissimilar, they are galaxies away dissimilar.

    Abdulmutallab tried his little stunt in American airspace on an American commercial airlines, he was arrested by civilian authorities (not military) who got only 50 minutes with him to question him, at that point he was deemed too injured to continue, 5 hours later, they resumed questioning but he clammed up, at that point they Mirandized him and provided him with a lawyer. None of this happened with Warsame.

    it’s only mystifying to people who bough into the whole “reading miranda rights on a battlefield” shibboleth

    I’m not getting your meaning, are you saying the military should Mirandize all prisoners captured on the battlefield?

    Once you’ve got the info, put him in the court system


    But it is how “they got the info.” that is not even remotely similar. The authorities flew some of Abdulmutallab’s relatives in an attempt to soften him up (remember, he did not waive his rights so they could not question him further, that pesky civilian protocol that has no place when dealing with terrorists), once mom pulled his ear and told him to spill, he then gave everything up. With Warsame, we have no idea when Miranda came in, only that they wrang him dry prior, it could have been week 8 of his interrogation.

    Miranda only says you can’t use pre-warning info at trial, no that you can’t get it at all

    Well of course, but we have no proof that the authorities said boo to him after he clammed up, and since this was a civilian caper from the very beginning (unlike Warsame) it is only reasonable to assume that they would be following civilian protocols and were NOT talking to him after he invoked his Miranda rights.

    I still content that there is absolutely no need, either legally or diplomatically, to try him in a civilian court when the Military Commission System to up and running.

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