Broad-based criticism is mounting in response to the Obami’s unthinking fixation on handling terrorists within the criminal-justice model. National Intelligence Director Dennis Blair got the ball rolling in a testimony concerning the Christmas Day bomber. Stephen Hayes quotes his testimony, in which he acknowledges that no thought was given to designating Abdulmutallab for questioning by the high-value interrogation unit:
Frankly, we were thinking more of overseas people and—duh! [here Blair theatrically slaps palm to forehead]—we didn’t put it [into effect] then. That’s what we will do now. . . .I was not consulted; the decision was made on the scene. It seemed logical to the people there, but it should have been taken using this HIG format at a higher level.
Hayes explains: “We had a load of information on Abdulmutallab—his background, his movements, his contacts—that never came into play in the cursory questioning of him. And we missed a chance to get a load of information from him which could have greatly aided efforts to head off future attacks and destroy al Qaeda assets in Yemen and elsewhere.”
He is not alone in his condemnation of the Obami’s approach. The Washington Post editors agree that “the decision to try Mr. Abdulmutallab turns out to have resulted not from a deliberative process but as a knee-jerk default to a crime-and-punishment model. . . The administration claims Mr. Abdulmutallab provided valuable information — and probably exhausted his knowledge of al-Qaeda operations — before he clammed up. This was immediately after he was read his Miranda rights and provided with a court-appointed lawyer. The truth is, we may never know whether the administration made the right call or whether it squandered a valuable opportunity.”
How could this be, you ask? Well, it’s simple. Obama made the call. This is his vision of how we should respond to terrorism. He is the author of the “not Bush” anti-terror approach. He has empowered Eric Holder to wage war on the intelligence community and to put Justice Department lawyers, rather than intelligence officials, in the driver seat. If this seems to have been foolhardy and fraught with peril, it will take bipartisan action to reverse it. Oversight hearings, use of the power of the purse, and ultimately legislation to determine the jurisdiction of the federal course are all within the purview of Congress. As Democratic lawmakers have learned on domestic policy, following Obama’s lead is politically unwise. Perhaps it is time they showed some independence and exercised their own constitutional responsibilities to think through our approach and set a sensible policy for handling terrorists whom we capture. The White House sure isn’t doing so.