Commentary Magazine


Topic: Shahzad

The Least Transparent Administration

Among the Obama administration’s wildly inaccurate self-descriptors is that it is the most “transparent administration in history.” That is — as we have repeatedly seen in the national security  and civil rights realms– nonsense. We see it again in the Times Square jihadist attack. Even the Washington Post editors have had enough of the administration’s aversion to disclosure:

But much is still not known about the administration’s handling of this case. For example, how long was Mr. Shahzad questioned before he was read his Miranda rights? And what triggered the Justice Department’s decision to suspend the “ticking time bomb” exception in case law that gives law enforcement officers an opportunity to gather information before advising a suspect of his right to remain silent? The administration has also not publicly addressed whether it consulted with intelligence officials on the best way to deal with Mr. Shahzad. Nor has it said whether its High Value Interrogation Group (HIG) — a group of law enforcement and intelligence experts specially trained for terrorism cases — was up and running and deployed in the Shahzad case.

The administration rightly came under fire for its handling of the case of Umar Farouk Abdulmutallab, a Nigerian citizen who tried to ignite explosives on a Detroit-bound plane on Christmas Day. In that case, the Justice Department failed to adequately consult its intelligence partners and rashly embraced a law enforcement approach without fully considering other options, including holding Mr. Abdulmutallab as an enemy combatant.

As in the Fort Hood massacre, the administration resists scrutiny here. It’s odd indeed that the Obama brain trust is willing — anxious even — to give KSM a public forum to spout his jihadist propaganda (we’re not afraid, pronounces Holder) but can’t discuss its own approach to jihadist terrorists in open hearings and press conferences. Is this the usual thin-skinned irritation with critics at work? Or does the administration at some level understand how out of sync with the public is its approach to terrorists?

House and Senate Democrats have shirked their responsibility to conduct meaningful oversight. We may have to wait until one or both houses flip to Republican control before we have chairmen willing to demand documents and grill Obama officials. We hope that the lessons learned from such investigations do not come too late to prevent yet another attack on the homeland.

Among the Obama administration’s wildly inaccurate self-descriptors is that it is the most “transparent administration in history.” That is — as we have repeatedly seen in the national security  and civil rights realms– nonsense. We see it again in the Times Square jihadist attack. Even the Washington Post editors have had enough of the administration’s aversion to disclosure:

But much is still not known about the administration’s handling of this case. For example, how long was Mr. Shahzad questioned before he was read his Miranda rights? And what triggered the Justice Department’s decision to suspend the “ticking time bomb” exception in case law that gives law enforcement officers an opportunity to gather information before advising a suspect of his right to remain silent? The administration has also not publicly addressed whether it consulted with intelligence officials on the best way to deal with Mr. Shahzad. Nor has it said whether its High Value Interrogation Group (HIG) — a group of law enforcement and intelligence experts specially trained for terrorism cases — was up and running and deployed in the Shahzad case.

The administration rightly came under fire for its handling of the case of Umar Farouk Abdulmutallab, a Nigerian citizen who tried to ignite explosives on a Detroit-bound plane on Christmas Day. In that case, the Justice Department failed to adequately consult its intelligence partners and rashly embraced a law enforcement approach without fully considering other options, including holding Mr. Abdulmutallab as an enemy combatant.

As in the Fort Hood massacre, the administration resists scrutiny here. It’s odd indeed that the Obama brain trust is willing — anxious even — to give KSM a public forum to spout his jihadist propaganda (we’re not afraid, pronounces Holder) but can’t discuss its own approach to jihadist terrorists in open hearings and press conferences. Is this the usual thin-skinned irritation with critics at work? Or does the administration at some level understand how out of sync with the public is its approach to terrorists?

House and Senate Democrats have shirked their responsibility to conduct meaningful oversight. We may have to wait until one or both houses flip to Republican control before we have chairmen willing to demand documents and grill Obama officials. We hope that the lessons learned from such investigations do not come too late to prevent yet another attack on the homeland.

Read Less

Still Mirandizing

Well, as I suspected would be the case, we did Mirandize the Times Square bomber. We are told he has chosen to talk, but what if he didn’t? Would we have been content to let him clam up as the Christmas Day bomber did for five weeks?  And, of course, we are preparing him to be tried in a federal courtroom. We have learned, however, that he may not be the lone wolf (and certainly not the aggrieved ObamaCare critic Mayor Bloomberg stupidly suggested he might be):

Shahzad, a recently naturalized U.S. citizen living in Connecticut., was taken off an airliner bound for the Persian Gulf sheikhdom of Dubai in the United Arab Emirates about 53 hours after the attempted bombing, authorities said.

Asked if Shahzad had implicated himself under questioning by federal agents, Holder said, “He has done that.” He said Shahzad “has provided useful information to authorities.”

Shahzad was initially questioned under a public safety exception to the Miranda rule and was cooperative, FBI Deputy Director John Pistole said at the news conference. He said Shahzad was later read his Miranda rights and “continued talking.”

Although Shahzad was arrested after the plane he had boarded returned to the departure gate, Holder said there was no risk that he would get away. Homeland Security Secretary Janet Napolitano said authorities could have ordered the plane to return to the airport if it had taken off.

Concerned that he got on an airplane and wasn’t on the no-fly list? Well, Eric Holder says everything worked fine: “There was never any danger of losing him.”

Although we are treating Shahzad as an ordinary criminal, it appears he’s part of an international plot:

In Pakistan, an intelligence official said authorities arrested at least two people in the southern port city of Karachi in connection with the Times Square bombing attempt. The official, who is not authorized to speak on the record, identified one of those arrested as Tausif Ahmed, who was picked up in a busy commercial neighborhood called Gulshan-e-Iqbal.

Again, we return to the question: is the criminal-justice model really appropriate for such enemies? At some point, the American people and Congress will decide that the administration’s tactics are ludicrously ill-suited to the war we are fighting.

Well, as I suspected would be the case, we did Mirandize the Times Square bomber. We are told he has chosen to talk, but what if he didn’t? Would we have been content to let him clam up as the Christmas Day bomber did for five weeks?  And, of course, we are preparing him to be tried in a federal courtroom. We have learned, however, that he may not be the lone wolf (and certainly not the aggrieved ObamaCare critic Mayor Bloomberg stupidly suggested he might be):

Shahzad, a recently naturalized U.S. citizen living in Connecticut., was taken off an airliner bound for the Persian Gulf sheikhdom of Dubai in the United Arab Emirates about 53 hours after the attempted bombing, authorities said.

Asked if Shahzad had implicated himself under questioning by federal agents, Holder said, “He has done that.” He said Shahzad “has provided useful information to authorities.”

Shahzad was initially questioned under a public safety exception to the Miranda rule and was cooperative, FBI Deputy Director John Pistole said at the news conference. He said Shahzad was later read his Miranda rights and “continued talking.”

Although Shahzad was arrested after the plane he had boarded returned to the departure gate, Holder said there was no risk that he would get away. Homeland Security Secretary Janet Napolitano said authorities could have ordered the plane to return to the airport if it had taken off.

Concerned that he got on an airplane and wasn’t on the no-fly list? Well, Eric Holder says everything worked fine: “There was never any danger of losing him.”

Although we are treating Shahzad as an ordinary criminal, it appears he’s part of an international plot:

In Pakistan, an intelligence official said authorities arrested at least two people in the southern port city of Karachi in connection with the Times Square bombing attempt. The official, who is not authorized to speak on the record, identified one of those arrested as Tausif Ahmed, who was picked up in a busy commercial neighborhood called Gulshan-e-Iqbal.

Again, we return to the question: is the criminal-justice model really appropriate for such enemies? At some point, the American people and Congress will decide that the administration’s tactics are ludicrously ill-suited to the war we are fighting.

Read Less




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