Eric Holder appeared on Meet the Press. It seems that all that business about the Times Square bomber being a “one-off” incident was, well, wrong:
MR. HOLDER: Well, this is an ongoing investigation, there’s only so much that I can talk about, but I am comfortable in saying that they were involved in what Shahzad tried to do. And I think that’s an indication of the new threat that we face, these terrorist organizations, these affiliates of al-Qaeda or–these organizations are somehow connected to the kinds of things that al-Qaeda wants to do, indicates the worldwide concerns that we have to have if we’re going to be effective.
MR. GREGORY: Well, before I ask you about that changing face of terror, is it a danger when you have officials like Secretary of Homeland Security Janet Napolitano saying, at this very table last week, that this appeared to be a one-off attack, or the general of Central Command, David Petraeus saying that Shahzad appeared to be a lone wolf, and now you’re saying no, this was part of a, a Pakistani Taliban plot?
MR. HOLDER: Well, you know, the evidence develops, and I think we have to always try to be careful to make sure that the statements that we make is consistence with the evidence that we have developed. And it certainly looked, I think, at the beginning of this investigation, like it could have been a one-off. Over the course of this week, we’ve developed information, we’ve developed evidence that shows that the involved–shows the involvement of the Pakistani Taliban.
One wonders then why the administration is so quick to rush forth with pronouncements — and to make decisions about the legal status of the terrorist before it has sufficient information to make accurate comments and informed decisions.
Holder also revealed that Shahzad was, in fact, Mirandized, this time after eight hours of questioning. But we certainly didn’t know at the time that he was part of a Taliban plot. Yet we made what is likely an irreversible decision to Mirandize him and charge him in federal court. Nevertheless, after four domestic terror incidents, Holder declares a “new priority” for the administration — to explore greater flexibility in use of the Miranda rule. Good to know all the sneering at conservative critics who have been pounding this issue for months is now inoperative.
And what about KSM? Well, let it not be said that this crowd is giving up easily on a civilian trial. And here Holder is tied up in knots:
MR. GREGORY: So, if he’s acquitted, he would not be released. How is that consistent, Mr. Attorney General, with fairness and justice that you believe in of our system?
MR. HOLDER: Well, he certainly would be provided fairness and justice with regard to the trial that would occur. And with regard to the outcome of that trial, we have–if–and if he were acquitted, what I was trying to say that there are other mechanisms that we have that we might employ, immigration laws that we could use, the possibility of detaining him under the wars of law. There are a variety of things that we can do in order to protect the American people, and that is the thing that I keep uppermost in my mind.
MR. GREGORY: But, but if he’s acquitted and the United States says we will not let him free, then what is the point of having a trial?
MR. HOLDER: Well, there are other charges that are–that could be brought against him in addition to those he would stand accused of with regard to the 9/11 plot. There are a variety of other things that he could be tried for. And I think we can provide him with fairness and with justice in the systems that we now have in place.
MR. GREGORY: But you said, with regard to any KSM trial, failure is not an option, and yet you know full well you send prosecutors into court every day in this country knowing that there is plenty of uncertainty. Paul McNulty, the former deputy attorney general, said earlier this year with regard to the Moussaoui prosecution, he said, “The criminal justice process is not designed to guarantee any particular outcome. If that option (civilian court) is followed, we have to accept that it is unpredictable.” A trial of Khalid Sheikh Mohammed in civilian court is unpredictable, isn’t it?
MR. HOLDER: Well, I’m confident that if we try him in a civilian court, given the evidence that we have amassed, given the experience of the prosecutors who would try the case, given the skills that they have, that we will stand a very, very good chance of, of convicting him.
MR. GREGORY: But that’s not what you said. You said failure is not an option. You said he will not be released. And the broader criticism is, of you, that you say you believe in our civilian justice system. And you said when you became attorney general that “I’m going to stick to those principles even when it’s hard.” And yet, with all the political pressure to be tough on terrorists, you said “I believe in the system” at the same time you appear to be rewriting the rules of that system, which, ultimately, critics say, can undermine the system. Even with Shahzad, before he was charged, you held a press conference announcing that he had confessed. Shouldn’t that be a concern to those who work with you and others who believe, as you say you do, in our civilian justice system?
MR. HOLDER: Well, I believe in the civilian justice system. I have certainly worked all my life in the civilian justice system. I have confidence in the civilian justice system’s ability to handle these new threats that our, our, our country faces with regard to Shahzad, with regard to Khalid Sheikh Mohammed. I think that we have conducted ourselves in a way that’s consistent with the best that is about our, our, our civilian justice system. I’m not–I don’t think that I have to take back anything that I have said in the past. One of the things that we did with regard to that press conference was to get out there early to assure the American people generally and people in New York specifically that the person we thought was responsible for that attempted bombing was, in fact, in custody.
MR. GREGORY: Will KSM be tried in New York?
MR. HOLDER: We are still in the process of trying to decide where that trial will occur.
MR. GREGORY: What is the holdup? Everybody seems to be saying this is a foregone conclusion, it’s never going to New York. Why won’t you say that it won’t be there?
MR. HOLDER: Well, we’re taking a look at all of our options and trying to decide where the case can best be tried. There are federal statutes that we have to deal with that dictate where the case would have to occur if we’re going to seek the death penalty, as I’ve indicated that we will. There are a variety of things that have to be taken into consideration, both–in addition to what I’ve talked about, we also have to take into account what the political leadership in these various jurisdictions wants, what the, what the people in these various. …
MR. GREGORY: New York doesn’t want it. New York doesn’t have the resources for it. You just deployed all these FBI agents to catch Shahzad. What if they had to protect a trial of KSM? I mean, it’s fairly clear that it doesn’t belong in New York, according to elected officials and other law enforcement officials, and yet there is this basically inaction on this issue of where the trial is. Is this being overly politicized by this administration and by you?
MR. HOLDER: No, it’s not being overly politicized. What we’re trying to do is come up with the best decision that we can. We’re taking our time, we’re considering all of our options. We want to make sure that we put this trial in the place where it can best be held.
They continued in this vein for a while, convincing no one but the most deluded that there was a coherent reason to try KSM in New York.
Holder suggests that this is an administration in transition. It is becoming increasingly untenable to defend a criminal-justice model for fighting Islamic terrorism, and yet the Obama team is reluctant to let go of it. Unfortunately for the leftist ideologues, reality keeps intervening.