Commentary Magazine


Topic: Jose Padilla

Flotsam and Jetsam

A pattern? “Attorney General Eric Holder didn’t tell the Senate Judiciary Committee about seven Supreme Court amicus briefs he prepared or supported, his office acknowledged in a letter Friday, including two urging the court to reject the Bush administration’s attempt to try Jose Padilla as an enemy combatant.”
Jamie Fly is worried that the Obama administration won’t stick it out until the job is done in Iraq: “This is a troubling sign that ‘one of the great achievements of this administration’ might be squandered if the going gets tough in Iraq. This seems shortsighted given the thousands of lives and hundreds of billions of dollars the United States has sacrificed in setting Iraq on the path to a secure democratic future. Even setting aside the scale of the U.S. commitment thus far, the United States has a strategic interest in ensuring Iraq’s success and in continuing to remain involved in Iraq’s security.”

The Beagle Blogger is an ignoramus when it comes to the Middle East, according to blogmate Jeffrey Goldberg: “Andrew Sullivan should be thankful that The Atlantic’s fact-checking department has no purview over the magazine’s website. … Andrew is free to publish malicious nonsense, such as the series of maps he published yesterday, maps which purport to show how Jews stole Palestinian land. Andrew does not tell us the source of these maps (in a magazine with standards, the source would be identified), but they were drawn to cast Jews in the most terrible light possible. … ‘Andrew has so many opinions to ventilate, and so little time to think about them’ that the publication of this absurd map on his blog could simply have been a mistake.”

A bad week for Tony Rezko’s former banker: “Democrat candidate Alexi Giannoulias faced a new political hassle in his bid for President Obama’s former Senate seat after a major contributor was arrested Thursday on charges of defrauding banks by writing bad checks.”

A sign of the Red wave from the Democratic Public Policy Polling: “Neither of the top candidates for Governor of Florida is particularly well known or liked but with the national political winds blowing in a Republican direction Bill McCollum has the solid early lead. McCollum’s currently at 44% to 31% for Alex Sink. He leads her 38-25 with independent voters and is winning 20% of the Democratic vote while holding Sink to just 11% of the Republican vote.”

Rep. Bart Stupak on the House leadership’s determination to protect abortion subsidies in ObamaCare: “The House Democratic leaders think they have the votes to pass the Senate’s health-care bill without us. At this point, there is no doubt that they’ve been able to peel off one or two of my twelve. And even if they don’t have the votes, it’s been made clear to us that they won’t insert our language on the abortion issue.”

They better have a bunch of votes in reserve: “House Democrats are ready to ‘forge ahead’ on healthcare without a deal on abortion, Majority Leader Steny Hoyer (D-Md.) said Friday. Hoyer said hopes for a deal have all but evaporated with a dozen Democrats who want tougher restrictions on the use of federal funds for abortion services than are included in the Senate’s healthcare bill.”

Hillary Clinton joins the Israel-bashing extravaganza — because really, U.S.-Israeli relations aren’t strained enough.

A pattern? “Attorney General Eric Holder didn’t tell the Senate Judiciary Committee about seven Supreme Court amicus briefs he prepared or supported, his office acknowledged in a letter Friday, including two urging the court to reject the Bush administration’s attempt to try Jose Padilla as an enemy combatant.”
Jamie Fly is worried that the Obama administration won’t stick it out until the job is done in Iraq: “This is a troubling sign that ‘one of the great achievements of this administration’ might be squandered if the going gets tough in Iraq. This seems shortsighted given the thousands of lives and hundreds of billions of dollars the United States has sacrificed in setting Iraq on the path to a secure democratic future. Even setting aside the scale of the U.S. commitment thus far, the United States has a strategic interest in ensuring Iraq’s success and in continuing to remain involved in Iraq’s security.”

The Beagle Blogger is an ignoramus when it comes to the Middle East, according to blogmate Jeffrey Goldberg: “Andrew Sullivan should be thankful that The Atlantic’s fact-checking department has no purview over the magazine’s website. … Andrew is free to publish malicious nonsense, such as the series of maps he published yesterday, maps which purport to show how Jews stole Palestinian land. Andrew does not tell us the source of these maps (in a magazine with standards, the source would be identified), but they were drawn to cast Jews in the most terrible light possible. … ‘Andrew has so many opinions to ventilate, and so little time to think about them’ that the publication of this absurd map on his blog could simply have been a mistake.”

A bad week for Tony Rezko’s former banker: “Democrat candidate Alexi Giannoulias faced a new political hassle in his bid for President Obama’s former Senate seat after a major contributor was arrested Thursday on charges of defrauding banks by writing bad checks.”

A sign of the Red wave from the Democratic Public Policy Polling: “Neither of the top candidates for Governor of Florida is particularly well known or liked but with the national political winds blowing in a Republican direction Bill McCollum has the solid early lead. McCollum’s currently at 44% to 31% for Alex Sink. He leads her 38-25 with independent voters and is winning 20% of the Democratic vote while holding Sink to just 11% of the Republican vote.”

Rep. Bart Stupak on the House leadership’s determination to protect abortion subsidies in ObamaCare: “The House Democratic leaders think they have the votes to pass the Senate’s health-care bill without us. At this point, there is no doubt that they’ve been able to peel off one or two of my twelve. And even if they don’t have the votes, it’s been made clear to us that they won’t insert our language on the abortion issue.”

They better have a bunch of votes in reserve: “House Democrats are ready to ‘forge ahead’ on healthcare without a deal on abortion, Majority Leader Steny Hoyer (D-Md.) said Friday. Hoyer said hopes for a deal have all but evaporated with a dozen Democrats who want tougher restrictions on the use of federal funds for abortion services than are included in the Senate’s healthcare bill.”

Hillary Clinton joins the Israel-bashing extravaganza — because really, U.S.-Israeli relations aren’t strained enough.

Read Less

Flotsam and Jetsam

Michael Barone on ObamaCare: “In fall 2009, Democrats could have pivoted on health care to craft a popular bill or a watered-down unpopular bill to be passed by a bipartisan safe-seat coalition. Instead, they plunged ahead and rammed through unpopular bills on party-line votes. … It’s beginning to look like the goal of health care legislation was a bridge too far. There’s a reason it’s hard to pass unpopular legislation on party-line votes. It’s not the Senate rules. It’s called democracy.”

Prospects don’t look bright for ObamaCare: “House Democratic leaders hoping to pass a health care reform bill by the Easter congressional recess face increasingly difficult odds, as several of the party’s rank-and-file have come out against the plan passed by the Senate in December. According to an ongoing CNN survey, 17 House Democrats indicate that they would vote no on the Senate plan as currently written, including six members who voted in favor of the House bill passed in November.”

Especially without the pro-life Democrats: “House Democratic leaders abandoned a long struggle to appease the most ardent abortion opponents in their ranks, gambling Thursday that they can secure the support for President Barack Obama’s sweeping health care legislation with showdown votes looming next week. … Congressional leaders are hoping they can find enough support from other wavering Democrats to pass legislation that only cleared the House by five votes in an earlier incarnation.” But where are such votes?

No one has spotted them yet: “Our latest whip count shows no progress for House Dem leadership. In fact, more members are sneaking onto the watch list, as Rep. Steve Kagen (D-WI) voiced concern over whether the Senate would actually pass a sidecar bill.”

More cringey news from Illinois for Democrats: “The owner of the Boston Blackie’s restaurant chain — a man with strong political ties to U.S. Senate candidate Alexi Giannoulias — was charged today with bank fraud, along with the owner’s son and an employee. Boston Blackie’s owner Nick Giannis, 62, his son, Chris Giannis, 38, and Boston Blackie’s manager Andy Bakopoulos, 38, allegedly defrauded Charter One and Washington Mutual banks of nearly $2 million, Cook County prosecutors said.”

In the New York Senate race: “Encouraged by state and national Republican Party leaders, Dan Senor, an author, private equity executive and Defense Department adviser in the last Bush administration, is seriously considering a political challenge against Senator Kirsten E. Gillibrand, according to three people told of the discussions. … The Republican leaders, who cautioned that they were not backing any single candidate, have told Mr. Senor that his deep ties in the party, expertise on national security and background as a businessman would make him a formidable candidate.” Well, if you’re a Republican with political ambitions, this is certainly the year to make a run.

Mark Levin pierces the fog of sanctimony surrounding the Justice Department lawyers who previously represented terrorists: “And on what basis do we think the Obama administration selected these seven lawyers (there may be more) from 1 million other lawyers to serve in top political positions at Justice? Is it a coincidence that they had roles (direct or related) in defending detainees? … Personnel makes policy, and that includes lawyers in policy positions. So, while the selection of these lawyers clearly has some relationship to their private practices, the attempt to identify who they are and what they’re doing since being appointed is said to be off limits, unless, of course, you appointed them. Preposterous.”

Let’s face it: the”most transparent administration in history” isn’t. Sen. Jeff Sessions, for one, wants to know why Eric Holder didn’t disclose in his confirmation hearing an amicus brief in support of Jose Padilla.

A wonderful suggestion by George Will: no one should go to the State of the Union. “Next year, Roberts and the rest of the justices should stay away from the president’s address. So should the uniformed military, who are out of place in a setting of competitive political grandstanding. For that matter, the 535 legislators should boycott these undignified events. They would, if there were that many congressional grown-ups averse to being props in the childishness of popping up from their seats to cheer, or remaining sullenly seated in semi-pouts, as the politics of the moment dictates.”

Michael Barone on ObamaCare: “In fall 2009, Democrats could have pivoted on health care to craft a popular bill or a watered-down unpopular bill to be passed by a bipartisan safe-seat coalition. Instead, they plunged ahead and rammed through unpopular bills on party-line votes. … It’s beginning to look like the goal of health care legislation was a bridge too far. There’s a reason it’s hard to pass unpopular legislation on party-line votes. It’s not the Senate rules. It’s called democracy.”

Prospects don’t look bright for ObamaCare: “House Democratic leaders hoping to pass a health care reform bill by the Easter congressional recess face increasingly difficult odds, as several of the party’s rank-and-file have come out against the plan passed by the Senate in December. According to an ongoing CNN survey, 17 House Democrats indicate that they would vote no on the Senate plan as currently written, including six members who voted in favor of the House bill passed in November.”

Especially without the pro-life Democrats: “House Democratic leaders abandoned a long struggle to appease the most ardent abortion opponents in their ranks, gambling Thursday that they can secure the support for President Barack Obama’s sweeping health care legislation with showdown votes looming next week. … Congressional leaders are hoping they can find enough support from other wavering Democrats to pass legislation that only cleared the House by five votes in an earlier incarnation.” But where are such votes?

No one has spotted them yet: “Our latest whip count shows no progress for House Dem leadership. In fact, more members are sneaking onto the watch list, as Rep. Steve Kagen (D-WI) voiced concern over whether the Senate would actually pass a sidecar bill.”

More cringey news from Illinois for Democrats: “The owner of the Boston Blackie’s restaurant chain — a man with strong political ties to U.S. Senate candidate Alexi Giannoulias — was charged today with bank fraud, along with the owner’s son and an employee. Boston Blackie’s owner Nick Giannis, 62, his son, Chris Giannis, 38, and Boston Blackie’s manager Andy Bakopoulos, 38, allegedly defrauded Charter One and Washington Mutual banks of nearly $2 million, Cook County prosecutors said.”

In the New York Senate race: “Encouraged by state and national Republican Party leaders, Dan Senor, an author, private equity executive and Defense Department adviser in the last Bush administration, is seriously considering a political challenge against Senator Kirsten E. Gillibrand, according to three people told of the discussions. … The Republican leaders, who cautioned that they were not backing any single candidate, have told Mr. Senor that his deep ties in the party, expertise on national security and background as a businessman would make him a formidable candidate.” Well, if you’re a Republican with political ambitions, this is certainly the year to make a run.

Mark Levin pierces the fog of sanctimony surrounding the Justice Department lawyers who previously represented terrorists: “And on what basis do we think the Obama administration selected these seven lawyers (there may be more) from 1 million other lawyers to serve in top political positions at Justice? Is it a coincidence that they had roles (direct or related) in defending detainees? … Personnel makes policy, and that includes lawyers in policy positions. So, while the selection of these lawyers clearly has some relationship to their private practices, the attempt to identify who they are and what they’re doing since being appointed is said to be off limits, unless, of course, you appointed them. Preposterous.”

Let’s face it: the”most transparent administration in history” isn’t. Sen. Jeff Sessions, for one, wants to know why Eric Holder didn’t disclose in his confirmation hearing an amicus brief in support of Jose Padilla.

A wonderful suggestion by George Will: no one should go to the State of the Union. “Next year, Roberts and the rest of the justices should stay away from the president’s address. So should the uniformed military, who are out of place in a setting of competitive political grandstanding. For that matter, the 535 legislators should boycott these undignified events. They would, if there were that many congressional grown-ups averse to being props in the childishness of popping up from their seats to cheer, or remaining sullenly seated in semi-pouts, as the politics of the moment dictates.”

Read Less

Re: Gartenstein-Ross Defends Rashad Hussain

Hussain’s comment was not an isolated one. Josh Gerstein reports on the recording of the event that Hussain has tried to conceal from view:

Hussain refers to some provisions of the Patriot Act as “horrible” and called “dangerous” an aspect of that law that allows intelligence-related surveillance to be used in criminal cases. Most lawmakers, including many Democrats critical of the Patriot Act, have said the provision has proved valuable, because it removed a wall that made it difficult for those pursuing investigations of international terror or spying operations to share information with criminal investigators. Hussain did express support for other aspects of the law, including a provision permitting so-called roving wiretaps.

Hussain’s position seems to be in direct conflict with the current administration, but quite in tune with the grievance-mongering lobby of CAIR and other groups. But that is not all. In his speech, Hussain cited chapter and verse on the supposed persecution of Muslims:

— The court martial of Capt. James Yee, a Guantanamo chaplain initially suspected of treason and later charged with adultery. All charges were eventually dropped.

— The case of Jose Padilla, who was held without charge for more than three years as an enemy combatant on suspicions of trying to detonate a radiation-laced “dirty bomb” in the U.S. In 2006, more than a year after Hussain spoke, Padilla was charged in a terrorist plot unrelated to the dirty bomb allegations. He was convicted by a jury in 2007 and sentenced to 17 years in prison.

— The imprisonment of Yaser Hamdi, who was captured in Afghanistan, held as an enemy combatant and released to Saudi Arabia weeks after Hussain spoke.

— The prosecution of an imam and a pizzeria owner in Albany, N.Y., for conspiring with an informant in a fictitious plot to use a missile launcher to attack a Pakistani diplomat. The men were convicted in 2006 and sentenced to 15 years in prison, though their lawyers claimed the pair were entrapped.

— The prosecution of a Somali man, Nuradin Abdi, in 2004 for plotting to blow up a shopping mall in Columbus, Ohio. He pled guilty in 2007 to conspiring to support terrorism and was sentenced to 10 years in prison.

— The imprisonment of an Oregon lawyer, Brandon Mayfield, who was jailed for more than two weeks in 2004 as a material witness on suspicion of involvement in the Madrid train bombings that year. He was never charged with a crime, received an apology from the FBI, which said it misidentified his fingerprints, and brought a lawsuit that led to a reported $2 million settlement from the government in 2006.

— The prosecution of four men as alleged members of a Detroit-based Al Qaeda “sleeper cell” plotting an attack. Two of the men were convicted on terror charges in 2003 but the convictions were thrown out at the government’s request after evidence emerged of prosecutorial misconduct and an unreliable informant. The prosecutor was charged criminally with concealing exculpatory evidence but later acquitted.

Hussain went on to tell the audience at the event, held roughly two months before the 2004 election, that electing Sen. John Kerry (D-Mass.) as president could stem the tide of such cases.

This kind of rhetoric may get cheers from the Left and from CAIR but is not, even for this administration, remotely acceptable. The Obami have pointedly refused to stick up for Hussain since Friday’s revelation. At this point, I suspect they would rather have someone else in that role – someone who does not see behind every legitimate effort to defend America from Islamic fascist the specter of anti-Muslim discrimination.

Hussain’s comment was not an isolated one. Josh Gerstein reports on the recording of the event that Hussain has tried to conceal from view:

Hussain refers to some provisions of the Patriot Act as “horrible” and called “dangerous” an aspect of that law that allows intelligence-related surveillance to be used in criminal cases. Most lawmakers, including many Democrats critical of the Patriot Act, have said the provision has proved valuable, because it removed a wall that made it difficult for those pursuing investigations of international terror or spying operations to share information with criminal investigators. Hussain did express support for other aspects of the law, including a provision permitting so-called roving wiretaps.

Hussain’s position seems to be in direct conflict with the current administration, but quite in tune with the grievance-mongering lobby of CAIR and other groups. But that is not all. In his speech, Hussain cited chapter and verse on the supposed persecution of Muslims:

— The court martial of Capt. James Yee, a Guantanamo chaplain initially suspected of treason and later charged with adultery. All charges were eventually dropped.

— The case of Jose Padilla, who was held without charge for more than three years as an enemy combatant on suspicions of trying to detonate a radiation-laced “dirty bomb” in the U.S. In 2006, more than a year after Hussain spoke, Padilla was charged in a terrorist plot unrelated to the dirty bomb allegations. He was convicted by a jury in 2007 and sentenced to 17 years in prison.

— The imprisonment of Yaser Hamdi, who was captured in Afghanistan, held as an enemy combatant and released to Saudi Arabia weeks after Hussain spoke.

— The prosecution of an imam and a pizzeria owner in Albany, N.Y., for conspiring with an informant in a fictitious plot to use a missile launcher to attack a Pakistani diplomat. The men were convicted in 2006 and sentenced to 15 years in prison, though their lawyers claimed the pair were entrapped.

— The prosecution of a Somali man, Nuradin Abdi, in 2004 for plotting to blow up a shopping mall in Columbus, Ohio. He pled guilty in 2007 to conspiring to support terrorism and was sentenced to 10 years in prison.

— The imprisonment of an Oregon lawyer, Brandon Mayfield, who was jailed for more than two weeks in 2004 as a material witness on suspicion of involvement in the Madrid train bombings that year. He was never charged with a crime, received an apology from the FBI, which said it misidentified his fingerprints, and brought a lawsuit that led to a reported $2 million settlement from the government in 2006.

— The prosecution of four men as alleged members of a Detroit-based Al Qaeda “sleeper cell” plotting an attack. Two of the men were convicted on terror charges in 2003 but the convictions were thrown out at the government’s request after evidence emerged of prosecutorial misconduct and an unreliable informant. The prosecutor was charged criminally with concealing exculpatory evidence but later acquitted.

Hussain went on to tell the audience at the event, held roughly two months before the 2004 election, that electing Sen. John Kerry (D-Mass.) as president could stem the tide of such cases.

This kind of rhetoric may get cheers from the Left and from CAIR but is not, even for this administration, remotely acceptable. The Obami have pointedly refused to stick up for Hussain since Friday’s revelation. At this point, I suspect they would rather have someone else in that role – someone who does not see behind every legitimate effort to defend America from Islamic fascist the specter of anti-Muslim discrimination.

Read Less

Brennan Gets Caught Making Stuff Up

In a speech on the Senate floor, Sen. Jeff Sessions skewers John Brennan for suggesting that we would lose no intelligence by Mirandizing terrorists and that there really is no difference between the military and civilian tribunals. (As a rhetorical matter, this is a silly argument for the Obami to make, of course. They accused the Bushies of shredding constitutional rights, and now there is no difference between the two?) Well, this is the corner in which the Obami now find themselves — making specious arguments that knowledgeable people can easily swat down.

Bill Burck and Dana Perino explain that, indeed, Brennan “just doesn’t understand the law.” They write:

A suspect held as an enemy combatant in military custody has no right to be Mirandized and no right to remain silent. None whatsoever. An enemy combatant does get access to a lawyer to help him challenge his detention as an enemy combatant. And we’re confident that the government’s lawyers would have had no trouble convincing a judge that Abdulmutallab — a man caught trying to ignite a bomb in his underwear while on a plane, who then said before he was Mirandized that he’s a member of al Qaeda — is an enemy of the United States, not a common criminal. But that lawyer would not be present during interrogation, and we would not have to get Abdulmutallab’s consent before questioning him. The only naivete in evidence here is Brennan’s belief that the presence of a lawyer makes no difference. That would be news to the Supreme Court, which has repeatedly held that it is vital to protecting a criminal defendant’s — as opposed to an enemy combatant’s — rights that he have access to a lawyer at all times after arrest, including during government interviews.

One wonders if Brennan is really so uninformed or simply the designated spinner charged with fending off the onslaught of criticism following the decision to Mirandize the Christmas Day bomber. As Burck and Perino note, we are not talking here about how the terrorist would be tried. That can be decided later. (“Once Abdulmutallab had been thoroughly interrogated, the administration would have been free to choose whether to charge him in the civilian or military system [though we think the latter would be preferable].”)

Nor, as former Attorney General Michael Mukasey points out, was the decision preordained by any Bush-era decision or policy. He writes:

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 on which Mukasey authorized Jose Padilla to get a lawyer (merely to file a habeas petition). Echoing Burck and Perino, Mukasey explains, “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.” That would have been possible had the Obami set up the High Value Interrogation unit. But they hadn’t, of course. So FBI agents with no detailed information about Abdulmutallab were given the job of interrogating the al-Qaeda-trained operative.

The problem here, which Sessions, Mukasey, Burck, and Perino (as well as countless others) have spotted, is that the Obami let their lefty lawyers’ ideology go unchecked, interfering with the primary duty of the administration, namely to gather information and prevent further attacks on Americans. That is inexcusable. No amount of fakery or misdirection by Obama’s advisers can conceal that.

In a speech on the Senate floor, Sen. Jeff Sessions skewers John Brennan for suggesting that we would lose no intelligence by Mirandizing terrorists and that there really is no difference between the military and civilian tribunals. (As a rhetorical matter, this is a silly argument for the Obami to make, of course. They accused the Bushies of shredding constitutional rights, and now there is no difference between the two?) Well, this is the corner in which the Obami now find themselves — making specious arguments that knowledgeable people can easily swat down.

Bill Burck and Dana Perino explain that, indeed, Brennan “just doesn’t understand the law.” They write:

A suspect held as an enemy combatant in military custody has no right to be Mirandized and no right to remain silent. None whatsoever. An enemy combatant does get access to a lawyer to help him challenge his detention as an enemy combatant. And we’re confident that the government’s lawyers would have had no trouble convincing a judge that Abdulmutallab — a man caught trying to ignite a bomb in his underwear while on a plane, who then said before he was Mirandized that he’s a member of al Qaeda — is an enemy of the United States, not a common criminal. But that lawyer would not be present during interrogation, and we would not have to get Abdulmutallab’s consent before questioning him. The only naivete in evidence here is Brennan’s belief that the presence of a lawyer makes no difference. That would be news to the Supreme Court, which has repeatedly held that it is vital to protecting a criminal defendant’s — as opposed to an enemy combatant’s — rights that he have access to a lawyer at all times after arrest, including during government interviews.

One wonders if Brennan is really so uninformed or simply the designated spinner charged with fending off the onslaught of criticism following the decision to Mirandize the Christmas Day bomber. As Burck and Perino note, we are not talking here about how the terrorist would be tried. That can be decided later. (“Once Abdulmutallab had been thoroughly interrogated, the administration would have been free to choose whether to charge him in the civilian or military system [though we think the latter would be preferable].”)

Nor, as former Attorney General Michael Mukasey points out, was the decision preordained by any Bush-era decision or policy. He writes:

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 on which Mukasey authorized Jose Padilla to get a lawyer (merely to file a habeas petition). Echoing Burck and Perino, Mukasey explains, “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.” That would have been possible had the Obami set up the High Value Interrogation unit. But they hadn’t, of course. So FBI agents with no detailed information about Abdulmutallab were given the job of interrogating the al-Qaeda-trained operative.

The problem here, which Sessions, Mukasey, Burck, and Perino (as well as countless others) have spotted, is that the Obami let their lefty lawyers’ ideology go unchecked, interfering with the primary duty of the administration, namely to gather information and prevent further attacks on Americans. That is inexcusable. No amount of fakery or misdirection by Obama’s advisers can conceal that.

Read Less

The Politics of Whining

Democrats are whimpering that Obama is being treated unfairly, that George W. Bush didn’t get as much criticism in handling shoe-bomber Richard Reid, and that those nasty Republicans are ganging up on the president. Really, this is sounding remarkably akin to an eight year-old who thinks his older brother was given favorable treatment by the relatives. And let me guess: the worst possible argument that Democrats could make right now is: “The media liked Bush better!”

But let’s consider why Bush was not lambasted in the same manner as Obama. Marc Thiessen explains:

The Richard Reid attack came almost immediately after 9/11, long before we figured out that we had other options than handing him over to law enforcement. After that came Jose Padilla, who was arrested at the Chicago airport on a mission from KSM to blow up apartment buildings in the United States. He was taken out of the criminal-justice system, declared an illegal enemy combatant, and transferred to the Charleston brig for interrogation.

The reason Obama is being savaged is that he and his crew appear to have learned nothing from 9/11. As Ruth Marcus put it:

The more I think about the Christmas all-but-bombing, the angrier I get. At the multiple failures that allowed Umar Farouk Abdulmutallab to get on the plane with explosives sewn in his underwear. And at the Obama administration’s initial, everything’s-fine-everybody-move-right-along reaction. . .

How can it be that screening technology is so lacking so long after the 9/11 Commission called for “priority attention” to detect explosives on passengers?

How can it be that our best line of defense seems to have been a combination of incompetence and bravery — incompetence by the attacker whose device failed to detonate properly, and bravery by passengers who acted so quickly to subdue him and put out the fire?

And how can it be, in the face of all this, that the administration’s communications strategy, cooked up on a conference call, was to assure us that officials were looking into things but in the meantime we should settle down?

(I think we can agree that when Marcus sounds like me, the Obama administration is in deep trouble.)

And there is more than the specifics of the incident or the fact that Obama had prior experiences to guide him this time around. Very clearly, Obama simply doesn’t match up favorably to his predecessor when it comes to the war on terror. Never for a moment did we doubt that Bush understood we were at war, who we were fighting, and the need to dump the criminal-justice model. We never had the sense that Bush was engaged in some grand experiment to cajole and flatter our enemies into giving up their grievances. And never did we believe the war on terror was not his top priority. Who can say that about Obama?

If Obama wants to indulge in liberal fantasies about how to “improve our image” with would-be terrorists, revert to a pre-9/11 model and give lackadaisical press conferences, so be it. But then he can’t expect to escape criticism for being . . . well . . . not George Bush.

Democrats are whimpering that Obama is being treated unfairly, that George W. Bush didn’t get as much criticism in handling shoe-bomber Richard Reid, and that those nasty Republicans are ganging up on the president. Really, this is sounding remarkably akin to an eight year-old who thinks his older brother was given favorable treatment by the relatives. And let me guess: the worst possible argument that Democrats could make right now is “The media liked Bush better!”

But let’s consider why Bush was not lambasted in the same manner as Obama. Marc Thiessen explains:

The Richard Reid attack came almost immediately after 9/11, long before we figured out that we had other options than handing him over to law enforcement. After that came Jose Padilla, who was arrested at the Chicago airport on a mission from KSM to blow up apartment buildings in the United States. He was taken out of the criminal-justice system, declared an illegal enemy combatant, and transferred to the Charleston brig for interrogation.

The reason Obama is being savaged is that he and his crew appear to have learned nothing from 9/11. As Ruth Marcus put it:

The more I think about the Christmas all-but-bombing, the angrier I get. At the multiple failures that allowed Umar Farouk Abdulmutallab to get on the plane with explosives sewn in his underwear. And at the Obama administration’s initial, everything’s-fine-everybody-move-right-along reaction. . .

How can it be that screening technology is so lacking so long after the 9/11 Commission called for “priority attention” to detect explosives on passengers?

How can it be that our best line of defense seems to have been a combination of incompetence and bravery — incompetence by the attacker whose device failed to detonate properly, and bravery by passengers who acted so quickly to subdue him and put out the fire?

And how can it be, in the face of all this, that the administration’s communications strategy, cooked up on a conference call, was to assure us that officials were looking into things but in the meantime we should settle down?

(I think we can agree that when Marcus sounds like me, the Obama administration is in deep trouble.)

And there is more than the specifics of the incident or the fact that Obama had prior experiences to guide him this time around. Very clearly, Obama simply doesn’t match up favorably to his predecessor when it comes to the war on terror. Never for a moment did we doubt that Bush understood we were at war, who we were fighting, and the need to dump the criminal-justice model. We never had the sense that Bush was engaged in some grand experiment to cajole and flatter our enemies into giving up their grievances. And never did we believe the war on terror was not his top priority. Who can say that about Obama?

If Obama wants to indulge in liberal fantasies about how to “improve our image” with would-be terrorists, revert to a pre-9/11 model and give lackadaisical press conferences, so be it. But then he can’t expect to escape criticism for being . . . well . . . not George Bush.

Democrats are whimpering that Obama is being treated unfairly, that George W. Bush didn’t get as much criticism in handling shoe-bomber Richard Reid, and that those nasty Republicans are ganging up on the president. Really, this is sounding remarkably akin to an eight year-old who thinks his older brother was given favorable treatment by the relatives. And let me guess: the worst possible argument that Democrats could make right now is: “The media liked Bush better!”

But let’s consider why Bush was not lambasted in the same manner as Obama. Marc Thiessen explains:

The Richard Reid attack came almost immediately after 9/11, long before we figured out that we had other options than handing him over to law enforcement. After that came Jose Padilla, who was arrested at the Chicago airport on a mission from KSM to blow up apartment buildings in the United States. He was taken out of the criminal-justice system, declared an illegal enemy combatant, and transferred to the Charleston brig for interrogation.

The reason Obama is being savaged is that he and his crew appear to have learned nothing from 9/11. As Ruth Marcus put it:

The more I think about the Christmas all-but-bombing, the angrier I get. At the multiple failures that allowed Umar Farouk Abdulmutallab to get on the plane with explosives sewn in his underwear. And at the Obama administration’s initial, everything’s-fine-everybody-move-right-along reaction. . .

How can it be that screening technology is so lacking so long after the 9/11 Commission called for “priority attention” to detect explosives on passengers?

How can it be that our best line of defense seems to have been a combination of incompetence and bravery — incompetence by the attacker whose device failed to detonate properly, and bravery by passengers who acted so quickly to subdue him and put out the fire?

And how can it be, in the face of all this, that the administration’s communications strategy, cooked up on a conference call, was to assure us that officials were looking into things but in the meantime we should settle down?

(I think we can agree that when Marcus sounds like me, the Obama administration is in deep trouble.)

And there is more than the specifics of the incident or the fact that Obama had prior experiences to guide him this time around. Very clearly, Obama simply doesn’t match up favorably to his predecessor when it comes to the war on terror. Never for a moment did we doubt that Bush understood we were at war, who we were fighting, and the need to dump the criminal-justice model. We never had the sense that Bush was engaged in some grand experiment to cajole and flatter our enemies into giving up their grievances. And never did we believe the war on terror was not his top priority. Who can say that about Obama?

If Obama wants to indulge in liberal fantasies about how to “improve our image” with would-be terrorists, revert to a pre-9/11 model and give lackadaisical press conferences, so be it. But then he can’t expect to escape criticism for being . . . well . . . not George Bush.

Democrats are whimpering that Obama is being treated unfairly, that George W. Bush didn’t get as much criticism in handling shoe-bomber Richard Reid, and that those nasty Republicans are ganging up on the president. Really, this is sounding remarkably akin to an eight year-old who thinks his older brother was given favorable treatment by the relatives. And let me guess: the worst possible argument that Democrats could make right now is “The media liked Bush better!”

But let’s consider why Bush was not lambasted in the same manner as Obama. Marc Thiessen explains:

The Richard Reid attack came almost immediately after 9/11, long before we figured out that we had other options than handing him over to law enforcement. After that came Jose Padilla, who was arrested at the Chicago airport on a mission from KSM to blow up apartment buildings in the United States. He was taken out of the criminal-justice system, declared an illegal enemy combatant, and transferred to the Charleston brig for interrogation.

The reason Obama is being savaged is that he and his crew appear to have learned nothing from 9/11. As Ruth Marcus put it:

The more I think about the Christmas all-but-bombing, the angrier I get. At the multiple failures that allowed Umar Farouk Abdulmutallab to get on the plane with explosives sewn in his underwear. And at the Obama administration’s initial, everything’s-fine-everybody-move-right-along reaction. . .

How can it be that screening technology is so lacking so long after the 9/11 Commission called for “priority attention” to detect explosives on passengers?

How can it be that our best line of defense seems to have been a combination of incompetence and bravery — incompetence by the attacker whose device failed to detonate properly, and bravery by passengers who acted so quickly to subdue him and put out the fire?

And how can it be, in the face of all this, that the administration’s communications strategy, cooked up on a conference call, was to assure us that officials were looking into things but in the meantime we should settle down?

(I think we can agree that when Marcus sounds like me, the Obama administration is in deep trouble.)

And there is more than the specifics of the incident or the fact that Obama had prior experiences to guide him this time around. Very clearly, Obama simply doesn’t match up favorably to his predecessor when it comes to the war on terror. Never for a moment did we doubt that Bush understood we were at war, who we were fighting, and the need to dump the criminal-justice model. We never had the sense that Bush was engaged in some grand experiment to cajole and flatter our enemies into giving up their grievances. And never did we believe the war on terror was not his top priority. Who can say that about Obama?

If Obama wants to indulge in liberal fantasies about how to “improve our image” with would-be terrorists, revert to a pre-9/11 model and give lackadaisical press conferences, so be it. But then he can’t expect to escape criticism for being . . . well . . . not George Bush.

Read Less

RE: No Risk, They Say?

I seldom find myself in disagreement with my colleague Jen Rubin. This is one of those rare occasions. I am not as alarmed as she is by the prospect of moving detainees from Guantanamo to a super-max prison in Illinois. She cites an ABC News report to highlight the dangers but, in fact, I think the ABC report makes the case for the transfer. It notes that ultra-dangerous al-Qaeda prisoners are already being held at the supermax prison in Florence, Colordao, including the so-called “20th hijacker” Zacharias Moussaoui, the shoe bomber Richard Reid, the first World Trade Center bomber Ramzi Yousef, and dirty bomber Jose Padilla. All of them “ have essentially disappeared inside the Colorado facility.” One of their defense attorneys is quoted complaining, “ It’s a bleak and brutal existence that’s defined by, essentially an 8 x 10 rectangle in which they live. There is no socialization whatsoever and the isolation itself is extremely damaging.”

While it may not make a defense attorney happy, that’s exactly the fate that I would like to see befall more terrorists. What about the risks that Jen mentions? It’s true that the “blind sheikh,” Omar Abdel Rahman, was able to communicate with his followers via his lawyer but that’s also possible in Guantanamo where the detainees now have access to attorneys. And it’s true that another al-Qaeda terrorist, Mamdouh Salim, who was being held temporarily at the Metropolitan Correctional Center in New York, was able to stab a guard with a sharpened comb in an unsuccessful attempt to escape. But that could happen at Gitmo too. In any case, security is tighter at supermax facilities. No one, as far as I know, has ever escaped from such a facility.

The most compelling argument against transferring the Gitmo detainees isn’t the worry that they will break out or convey forbidden information through their lawyers. Rather, it is that they may gain new legal rights by being brought to U.S. soil. I am not a lawyer, and stand ready to be corrected on this score, but my understanding is that they have already gained a lot of rights even while in Gitmo thanks to Supreme Court rulings. Only if they gain significant new legal protections that make their release more likely should a transfer to the mainland be banned. If they can be held securely in a supermax facility without having to be brought before a civilian court for trial, it makes sense to do so because, essentially, that would be a cosmetic change that would undo some of the public-relations damage wrought to America’s reputation by the Gitmo facility while not compromising our security.

I seldom find myself in disagreement with my colleague Jen Rubin. This is one of those rare occasions. I am not as alarmed as she is by the prospect of moving detainees from Guantanamo to a super-max prison in Illinois. She cites an ABC News report to highlight the dangers but, in fact, I think the ABC report makes the case for the transfer. It notes that ultra-dangerous al-Qaeda prisoners are already being held at the supermax prison in Florence, Colordao, including the so-called “20th hijacker” Zacharias Moussaoui, the shoe bomber Richard Reid, the first World Trade Center bomber Ramzi Yousef, and dirty bomber Jose Padilla. All of them “ have essentially disappeared inside the Colorado facility.” One of their defense attorneys is quoted complaining, “ It’s a bleak and brutal existence that’s defined by, essentially an 8 x 10 rectangle in which they live. There is no socialization whatsoever and the isolation itself is extremely damaging.”

While it may not make a defense attorney happy, that’s exactly the fate that I would like to see befall more terrorists. What about the risks that Jen mentions? It’s true that the “blind sheikh,” Omar Abdel Rahman, was able to communicate with his followers via his lawyer but that’s also possible in Guantanamo where the detainees now have access to attorneys. And it’s true that another al-Qaeda terrorist, Mamdouh Salim, who was being held temporarily at the Metropolitan Correctional Center in New York, was able to stab a guard with a sharpened comb in an unsuccessful attempt to escape. But that could happen at Gitmo too. In any case, security is tighter at supermax facilities. No one, as far as I know, has ever escaped from such a facility.

The most compelling argument against transferring the Gitmo detainees isn’t the worry that they will break out or convey forbidden information through their lawyers. Rather, it is that they may gain new legal rights by being brought to U.S. soil. I am not a lawyer, and stand ready to be corrected on this score, but my understanding is that they have already gained a lot of rights even while in Gitmo thanks to Supreme Court rulings. Only if they gain significant new legal protections that make their release more likely should a transfer to the mainland be banned. If they can be held securely in a supermax facility without having to be brought before a civilian court for trial, it makes sense to do so because, essentially, that would be a cosmetic change that would undo some of the public-relations damage wrought to America’s reputation by the Gitmo facility while not compromising our security.

Read Less

Time to Close Gitmo

The New York Times recently ran a story revealing that Secretary of Defense Robert Gates and Secretary of State Condoleezza Rice favor the closing of the detention facilities at Guantanamo Bay, Cuba. My friend David Rivkin has now co-authored an article with Lee Casey in the Wall Street Journal arguing in favor of keeping terrorist suspects locked up in Gitmo. My heart is with Rivkin and Casey, but my head tells me that Gates and Rice are probably right at this juncture.

On the merits, Rivkin and Casey have, to coin a term, a slam-dunk case. Terrorists captured on the battlefield can’t be treated with the niceties of normal criminal law. Even if there isn’t sufficient evidence to convict “beyond a reasonable doubt,” some terrorists are so dangerous that they need to be locked up anyway. And Gitmo is as good a place as any to keep them confined. It’s on a U.S. naval base but beyond the jurisdiction of domestic criminal law, and the facilities there are now as nice as any in a domestic prison.

Read More

The New York Times recently ran a story revealing that Secretary of Defense Robert Gates and Secretary of State Condoleezza Rice favor the closing of the detention facilities at Guantanamo Bay, Cuba. My friend David Rivkin has now co-authored an article with Lee Casey in the Wall Street Journal arguing in favor of keeping terrorist suspects locked up in Gitmo. My heart is with Rivkin and Casey, but my head tells me that Gates and Rice are probably right at this juncture.

On the merits, Rivkin and Casey have, to coin a term, a slam-dunk case. Terrorists captured on the battlefield can’t be treated with the niceties of normal criminal law. Even if there isn’t sufficient evidence to convict “beyond a reasonable doubt,” some terrorists are so dangerous that they need to be locked up anyway. And Gitmo is as good a place as any to keep them confined. It’s on a U.S. naval base but beyond the jurisdiction of domestic criminal law, and the facilities there are now as nice as any in a domestic prison.

I completely understand why the Bush administration decided to go down this route. Unfortunately, unfair as it is, the President’s decision to confine terrorism suspects at Gitmo has turned into an international debacle. Al Qaeda members have skillfully played on the sympathies of foreign audiences by claiming all sorts of abuse. Even if the claims are false—as most surely are—they have been widely believed. Gitmo has been demonized, especially in Europe and the Middle East, as some kind of American Gulag. The allegations are absurd but they have become the received wisdom abroad—in part because the administration has done such a poor job of defending its detention policies.

The public relations damage is so severe and continuing that I’m afraid it probably warrants closing Gitmo. Of course that doesn’t mean the detainees should be released to return to a reign of terror. Ship them to other detention facilities in the U.S. or abroad—for instance the Navy brig in Charleston, S.C., where dirty-bomb suspect Jose Padilla was held. Rivkin and Casey are right that some “human-rights advocates” will never be satisfied until all terrorist suspects are granted trials either in domestic courts or, better still, in the International Criminal Court. It is worthwhile exploring whether laws and procedures can be created to make this a viable prospect; it is very much in our interest to have an international tribunal that can imprison international terrorists, taking the onus off us. In the meantime, simply closing Gitmo will have tremendous symbolic value and will allow us to win a valuable victory in the court of international opinion. That, in turn, will make it easier to win the kind of cooperation abroad we need to successfully prosecute the struggle against jihadist extremism.

Read Less




Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor to our site, you are allowed 8 free articles this month.
This is your first of 8 free articles.

If you are already a digital subscriber, log in here »

Print subscriber? For free access to the website and iPad, register here »

To subscribe, click here to see our subscription offers »

Please note this is an advertisement skip this ad
Clearly, you have a passion for ideas.
Subscribe today for unlimited digital access to the publication that shapes the minds of the people who shape our world.
Get for just
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor, you are allowed 8 free articles.
This is your first article.
You have read of 8 free articles this month.
YOU HAVE READ 8 OF 8
FREE ARTICLES THIS MONTH.
for full access to
CommentaryMagazine.com
INCLUDES FULL ACCESS TO:
Digital subscriber?
Print subscriber? Get free access »
Call to subscribe: 1-800-829-6270
You can also subscribe
on your computer at
CommentaryMagazine.com.
LOG IN WITH YOUR
COMMENTARY MAGAZINE ID
Don't have a CommentaryMagazine.com log in?
CREATE A COMMENTARY
LOG IN ID
Enter you email address and password below. A confirmation email will be sent to the email address that you provide.