Fellow Patriot: The voluntary financial generosity of supporters like you keeps our hard-hitting analysis coming. Please support the 2024 Year-End Campaign today. Thank you for your support! —Nate Jackson, Managing Editor

February 7, 2010

Holder’s Premature Mirandization of Suspect

Republicans have been hitting the Obama administration for Attorney General Eric Holder’s too-quick decision to Mirandize accused Christmas bomber Umar Farouk Abdulmutallab after a mere 50 minutes of what has been described as valuable interrogation. After the Miranda moment, the would-be bomber clammed up.

Republicans have been hitting the Obama administration for Attorney General Eric Holder’s too-quick decision to Mirandize accused Christmas bomber Umar Farouk Abdulmutallab after a mere 50 minutes of what has been described as valuable interrogation. After the Miranda moment, the would-be bomber clammed up.

Critics argue that the FBI did not need to tell the Nigerian citizen that he had a right to remain silent and to an attorney. For one thing, he is not a U.S. citizen, but arguably an “enemy combatant” caught entering the country intent on committing an act of war. And even if he were a U.S. citizen, a “public-safety exception” for putting off a Miranda reading is recognized by the U.S. Supreme Court. So how do the Obamans defend this clear mistake?

The answer: By reminding people that President George W. Bush allowed accused terrorists to be Mirandized first. As if that makes Holder’s decision smart and solid.

On Wednesday, Holder sent a letter to Senate Republican Leader Mitch McConnell that noted that the decision to try Abdulmutallab in criminal court and interrogate him a la Miranda was consistent with “policies and practices” adopted by previous administrations and “were not criticized when employed by previous administrations.”

Be it noted, Obama and other Dems were in no position to criticize the Bushies for being too easy on terrorists because they were so busy kicking them for being too tough on the likes of accused 9/11 mastermind Khalid Sheikh Mohammed. And Republicans had their hands full defending Bush against efforts to weaken intelligence-gathering.

Holder also noted that under Bush, law enforcement officials advised now-convicted shoe-bomber Richard Reid, a British citizen, “of his right to remain silent and to consult with an attorney within five minutes of being removed from the aircraft” Reid tried to blow up.

Bush supporters have responded by noting that military tribunals were not operational when Reid was arrested in December 2001, hence, his treatment was mirrored that of any other accused criminal. That still doesn’t mean it was a swell idea to Mirandize Reid before actionable intelligence might have been gleaned.

At Senate Intelligence Committee hearings last week, Sen. Olympia Snowe, R-Maine, grilled Director of National Intelligence Dennis Blair and FBI Director Robert S. Mueller on the premature Mirandizing of Abdulmutallab. Mueller nonsensically responded that “fast-moving” events prompted the decision.

“So what were the fast-moving events of that day that necessitated issuing his Miranda rights?” Snowe asked. “I’m not clear on that. What was the rush?”

Mueller answered that the FBI wanted to know if there were other planes with bombs, who the bomb maker was and who directed the attack. So why Mirandize Abdulmutallab? After the Miranda moment, Abdulmutallab stopped talking.

Mueller added, “We also want to utilize his statements to effectively prosecute him.” To which GOP Sen. James Risch of Idaho, a former prosecutor, marveled, “You had 200 witnesses who saw what he did.” The FBI, Risch argued, should have tried to “wring everything you can out of this guy” and pass it on to intelligence officials. If they had gotten Abdulmutallab to spill the beans, the national security machine might have acted – by sending drones, repositioning satellites for surveillance – to prevent the next copycat passenger. There would be no need to introduce what interrogators learned into a courtroom to win a conviction, given the number of witnesses and physical evidence against the defendant.

For his part, Blair had told the committee that officials who questioned Abdulmutallab got “good intelligence. We’re getting more.” The administration has let it be known that after weeks of silence, Abdulmutallab has begun to talk again.

Unfortunately, the would-be bomber has gotten chatty with weeks-old information. He’s talking, but the horse has left the barn.

Blair testified that it is “certain” al-Qaida will attempt another attack on the United States in coming months. In that light, Holder’s decision seems both reckless and clueless.

Blair also gave his latest iteration on what was thought to be a newly formed High Value Detainee Interrogation Group, or HIG. At congressional hearings last month, Blair testified that the FBI should not have questioned Abdulmutallab, as “we did not invoke the HIG in this case. We should have. Frankly, we were thinking more of overseas people and, duh, you know, we didn’t put it (in action) here.”

Later that day, Blair’s office disclosed that the HIG was not yet operational. From duh to oops. At the Senate hearing, Blair announced that the HIG is “moving along,” and “we are using the components that we expect will coalesce into HIG.”

By all means, coalesce quickly. Because it is “certain” another attack will be attempted, it would be nice if the interrogators are less preoccupied in nailing an already easy prosecution and more interested in thwarting terrorist attacks.

In trying to mollify Snowe, Mueller suggested that she think of this interrogation as “a continuum. Don’t consider it a snapshot.”

Thank you, Yoda.

COPYRIGHT 2010 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.