But Isn’t There a Downside?

This is an instructive exchange on Fox News Sunday between Obama’s counterterrorism advisor, John Brennan, and Chris Wallace, on the subject of treating the Christmas Day bomber as a criminal defendant. Why do this?

BRENNAN: Well, we have an array of tools that we will use, and we want to make sure we maintain flexibility as far as how we deal with these individuals.

If you missed the coherent explanation for why they are doing this — other than the fact that the lefty lawyers in the Justice Department told them to — you are not alone. The lack of thoughtful analysis as to the national-security implications of treating Abdulmutallab as a criminal rather than as an enemy combatant is somewhat stunning. Yes, the terrorist doesn’t have to talk to us, but we have “certain things on the table.” What — we are already plea bargaining with an al-Qaeda trained terrorist? It is startling, but it is also the natural result of what comes from putting the criminal-justice model into place. Oh, he’s arrested here? So Mirandize him, call the FBI, and yes, I suppose, permit him to take the 5th. And when Brennan says that there is “no downsides or upsides in particular cases,” one has to wonder what in the world he is talking about. Of course there is a downside to allowing Abdulmutallab to clam up. Just as there would have been a downside had we allowed KSM to clam up. We lose potentially life-saving information when we stand quietly by.

The difference is that the Bush administration wasn’t willing to play Russian roulette with Americans lives or hope that detainees would eventually change their minds and co-operate. The Obama administration is. And that should be deeply disturbing to all of us.