Should Umar Farouk Abdulmutallab, who allegedly tried to bomb an
airliner on Christmas Day, have been considered an enemy combatant
under the law of war and placed in military detention? The same
question raised by senior Republicans last week was considered during
a Jan. 6 National Security Council meeting led by President Obama in
the White House Situation Room.
The issue arose when Attorney General Eric H. Holder Jr. brought up
the decision to continue the process to formally charge Abdulmutallab
with attempted murder and attempted destruction of an aircraft under
the U.S. criminal code.
"The attorney general said, 'I'm going to charge him tomorrow,' " and
"there were questions raised about whether or not he should in fact go
to law of war detention status," according to the transcript of a
White House background briefing for reporters last Tuesday by two
senior administration officials.
At that NSC meeting were Vice President Biden, Secretary of State
Hillary Rodham Clinton, Defense Secretary Robert M. Gates, Homeland
Security Secretary Janet Napolitano, Energy Secretary Steven Chu,
Director of National Intelligence Dennis C. Blair, CIA Director Leon
Panetta, NSA Director Keith B. Alexander, FBI Director Robert Mueller
and Adm. Mike Mullen, chairman of the Joint Chiefs of Staff. It was
not disclosed who raised the question.
In the discussion, it was pointed out that the FBI was working the
case, that it had interrogators ready and that two counterterrorism
agents were already in Nigeria, beginning a background investigation
of Abdulmutallab and his large family.
Two men arrested on U.S. soil were previously deemed enemy combatants
-- Jose Padilla and Ali Saleh Kahlah al-Marri. Both spent years in a
military brig in South Carolina, and neither ever cooperated with
interrogators.
One factor pointed out during the NSC discussion was that when a
person is held in military detention and questioned, it inevitably
involves people who wear military uniforms. Those present were told
that "it was the professional, considered judgment of the individuals
who had access to Abdulmutallab that putting him in front of somebody
with a military uniform would have made him even more opposed to any
type of cooperation," the senior administration official said at last
week's briefing.
"Given what we can do in a military commission and what we can do in
the criminal justice system, there was full unanimity on the part of
the seniors [President Obama and other NSC members at the meeting]
that this was the right way to go," reporters were told last week.
During last week's public debate over the handling of Abdulmutallab,
administration spokesmen did not refer to their internal discussions.
They also have said little about the keys to getting the 23-year-old
to resume talking after his first 50-minute interview Christmas
night.
While critics have said the initial questioning of Abdulmutallab is
irrelevant, the selection of the Detroit-based FBI agents who carried
it out reflects the capabilities the bureau has developed. One of the
agents was a counterterrorism veteran. The other was an expert on
weapons of mass destruction, present because officials needed to
quickly determine the nature of the explosive that got through airport
security.
After Abdulmutallab decided to stop talking, was read his Miranda
rights and got lawyers, the FBI devised a complex investigative plan,
which was outlined to reporters last week.
Two experienced counterterrorism agents were chosen to carry out a
background investigation in Nigeria. One goal, suggested by behavioral
scientists, was to find family members whom he would trust and who
would help heal the split that had led him to cut off relations with
his father and be attracted to the Yemeni al-Qaeda group.
The two agents flew on Jan. 1 to Lagos, where they met with State
Department workers, CIA officers and other embassy employees. They
contacted local authorities and began interviewing Abdulmutallab's
family and friends. The FBI plan was to find family members who
supported their strategy, and bring them to Washington and Detroit to
convince them it was in Abdulmutallab's best interest to trust the
U.S. justice system and cooperate. Finally, the family members had to
get the young man to trust them.
The family members arrived Jan. 17. "Family talking with the subject,
and then making that transition so that they were able to then get an
FBI agent, and then agents into the room," was the description given
reporters.
The last week in January, Abdulmutallab started giving his FBI
debriefers what was described as "not stale intelligence." A senior
administration official said last week that he was "confident that he
is going to continue to cooperate" -- and as of Monday he was,
according to a senior FBI official.
The incompetence of this administration never ceases to amaze me.
The Posse Comitatus Act is a United States federal law (18 U.S.C. �
1385) passed on June 18, 1878, after the end of Reconstruction, with
the intention (in concert with the Insurrection Act of 1807) of
substantially limiting the powers of the federal government to use the
military for law enforcement.
You are a fool.
--
Let's act like real true Americans
and do it the Constitutional way!
The Post Quartermaster
> "GLOBALIST" <free....@gmail.com> wrote in message
> news:ccb0f035-7bda-4c96...@o28g2000yqh.googlegroups.com...
> > Ah Yes you miss the good ole days when Cheney was the president and
> > there were no stinkn' laws.
> >
>
> You are a fool.
I was wondering how long you could avoid name calling.
--
Justice Sandra Day O'Conner Project http://www.ourcourts.org/curriculum-builder
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