Consumer Sentiment Unexpectedly Slips in February | Main | Dear Lord, Coccoon Us From Evil: New York Times Finds Obama's Approval At Lowest Ever, 46%, But Headlines Poll, Bizarrely, "Poll Finds Edge for Obama Over G.O.P. Among the Public"
February 12, 2010

Former AG Mukasey...Administration Screwed Up Christmas Day Bomber Case

Consider this a bit of a serious follow up to Crazy Uncle Larry's rant below.

Mukasey takes apart, piece by piece, what the administration is trying to pass off as it's legal and political (at least the "Bush did it too!" bits) justifications for how they dealt with Umar Farouk Abdulmutallab.

Now excerpt can do it justice so read the whole thing but here's the former AG on John Brennan's contention that eveyone should have known that "In FBI custody" meant "read his full rights". After running through the history of detaining enemies on our shores in WWII and Bush era policies and concludes...

Contrary to what the White House homeland security adviser and the attorney general have suggested, if not said outright, not only was there no authority or policy in place under the Bush administration requiring that all those detained in the United States be treated as criminal defendants, but relevant authority was and is the opposite. The Supreme Court held in Hamdi v. Rumsfeld that "indefinite detention for the purpose of interrogation is not authorized" but also said in the same case that detention for the purpose of neutralizing an unlawful enemy combatant is permissible and that the only right of such a combatant -- even if he is a citizen, and Abdulmutallab is not -- is to challenge his classification as such a combatant in a habeas corpus proceeding. This does not include the right to remain silent or the right to a lawyer, but only such legal assistance as may be necessary to file a habeas corpus petition within a reasonable time. That was the basis for my ruling in Padilla v. Rumsfeld that, as a convenience to the court and not for any constitutionally based reason, he had to consult with a lawyer for the limited purpose of filing a habeas petition, but that interrogation need not stop.

...There was thus no legal or policy compulsion to treat Abdulmutallab as a criminal defendant, at least initially, and every reason to treat him as an intelligence asset to be exploited promptly. The way to do that was not simply to have locally available field agents question him but, rather, to get in the room people who knew about al-Qaeda in Yemen, people who could obtain information, check that information against other available data and perhaps get feedback from others in the field before going back to Abdulmutallab to follow up where necessary, all the while keeping secret the fact of his cooperation. Once his former cohorts know he is providing information, they can act to make that information useless.

Nor is it an answer to say that Abdulmutallab resumed his cooperation even after he was warned of his rights. He did that after five weeks, when his family was flown here from Nigeria. The time was lost, and with it possibly useful information. Disclosing that he had resumed talking only compounded the problem by letting his former cohorts know that they had better cover their tracks.

No doubt Homeland Security Adviser John Brennan thinks Mukasey is serving the goals of al-Qaeda with this op-ed but that's because Brennan is an ass.

The constantly changing and often conflicting stories (Abdulmutallab was 'a lone extremist', they got all the intelligence they needed in the first 50 minutes, now they are are getting intelligence 6 weeks later with the help of his family, Bush did it too!, etc) from this administration shows they simply have no clue what to do.

It seems they know exactly what they want to do...treat a man sent by an international terrorist organization to kill hundreds of Americans exactly as they would treat an American citizen who stole a car. The problem is, it's politically untenable and so they have to fashion all of these stories in an effort to look tough and effective in order to hide their true views.

This is a fight Dick Cheney started almost the day after he and Bush left office and he along with others have had this administration on the run since then. It's funny what you can do when the facts and the American people are on your side.


digg this
posted by DrewM. at 01:00 PM

| Access Comments




Recent Comments
illiniwek: "" when there are millions of processes and counter ..."

AOS janitor: "What the hell happened here?? Why is there Jello a ..."

WhatWhatWhat?: "Yikes. Just running to the store for some eggs an ..."

rickb223 [/s][/b][/i][/u]: "Morning all ..."

WhatWhatWhat?: "The Triggered by Mini-Cupcakes chick's Twitter fee ..."

Sue: "My husband works for a distillery. We appreciate g ..."

Barack Obama is a bad, bad man: "If drones start to bother you, this little kit dev ..."

Hillary Clinton: " *hic* ..."

Barack Obama is a bad, bad man: "Anal sex stories before my second cup of coffee. ..."

Gem: "Morning, morons. I saw a drone hovering over th ..."

Mary Poppins' Practically Perfect Piercing: "[I]A joke... A young virgin falls in love with ..."

NBC has a new motto: "STOP THE HAMMERING! ..."

Recent Entries
Search


MuNuvians
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
News/Chat
Archives
Powered by
Movable Type 2.64