Patterico's Pontifications

2/2/2010

Obama’s Interrogation Policy: You Had the Right to Remain Silent

Filed under: Law,Obama,Terrorism — DRJ @ 4:18 pm



[Guest post by DRJ]

Don’t miss Patterico’s post today at Hot Air. Here’s a teaser:

“By twisting the criminal justice system to accommodate cases that don’t belong there, Obama’s approach also threatens to weaken the protections of the system for all Americans. We have already seen how Khalid Sheikh Mohammed’s trial has been turned into a show trial whose outcome is meaningless, making a mockery of the seriousness of criminal trials.

Now Obama is making a mockery of Miranda rights as well.”

— DRJ

14 Responses to “Obama’s Interrogation Policy: You Had the Right to Remain Silent”

  1. 55 minutes of intense questioning of the Underoo Bomber. I am surprised he didn’t give up the entire terror network.

    GeneralMalaise (55c598)

  2. Blame, too, Anthony Kennedy and the four liberal Justices who joined his majority opinion in Boumediene v. Bush, extending rights under the American Constitution to, so far as I can tell, everyone in the world who’s ever even briefly within the practical power of the United States government. Obama, of course, applauded this decision.

    Beldar (8c5ee1)

  3. Did you see the video of Sen. McCain grilling DefSec Gates on the subject of the Christmas underwear bomber?

    Wow. McCain flays him for his weaseling on the question of where the underroos bomber should be tried.

    SPQR (26be8b)

  4. IT’S CALLED THE RULE OF LAW. AND IT WORKS.
    The family trusted the US to be fair, and they’ve convinced their son to cooperate.

    “WASHINGTON — Umar Farouk Abdulmutallab, the Nigerian man accused of trying to blow up a jetliner bound for Detroit on Dec. 25, started talking to investigators after two of his family members arrived in the United States and helped earn his cooperation, a senior administration official said Tuesday evening.

    Mr. Abdulmutallab, 23, began speaking to F.B.I. agents last week in Detroit and has not stopped, two government officials said. The officials declined to disclose what information was obtained from him, but said it was aiding in the investigation of the attempted terrorist attack.

    “With the family, the F.B.I. approached the suspect,” the senior administration official said, speaking to reporters at the White House on the condition of anonymity because of the pending legal case. “He has been cooperating for days.”

    The agents and the two family members flew back to the United States on Jan. 17. They met with the F.B.I. to discuss a way forward. After meeting with Mr. Abdulmutallab for several days, the official said, the family members persuaded him to talk to investigators.

    “The intelligence gained has been disseminated throughout the intelligence community,” the official said, adding, “The best way to get him to talk was working with his family.”

    Another federal official said Mr. Abdulmutallab had provided information about people he met in Yemen, where he is believed to have receiving training and explosives from Al Qaeda in the Arabian Peninsula, a branch of the terrorist network.”

    You people are such cowards and losers.

    http://www.nytimes.com/2010/02/03/us/03terror.html?hp

    J. Smithee (207732)

  5. J. Smithee – Have we ever had non-splodey dope family members to use as leverage in other cases?

    daleyrocks (718861)

  6. First of all, Smithee, that’s an anonymous sourced report that contradicts earlier statements that came out of the Obama administration. Second, if true, its taken a month to get him to cooperate, when he could have been interrogated by military intel personnel at Guantanamo for past weeks.

    There is nothing about detaining Al Queda terrorists as combatants that violates the “rule of law”. That’s even the position of the Supreme Court. The Obama administration itself acknowledges that it had a choice in how to process him.

    So spare us the “cowards and losers” horse manure. It only shows your shallow understanding of the issue.

    SPQR (26be8b)

  7. Pray hard for the USA to get over this maniac after his 4 long long years.

    Krusher (ceb4ea)

  8. Every time I hear about Mirandizing enemy combatants, I see this image (go to 4:08) of men running thru the battlefield yelling out the Miranda warning.

    Neo (7830e6)

  9. Before Charles Manson was tried, President Nixon commented publicly on the man’s guilt. Civil libertarians and the press reacted with hostility-toward Nixon, pointing out that criminal defendants are presumed to be innocent. Both Obama and Holder have publicly declared that Sheik Mohammed will be found guilty and executed. As attorneys these two must be aware that they have violated the “alleged” terrorist’s rights under the Constitution of the United States- which they assert he possesses. Civil libertarians have not commented on the Nixon-like misbehavior of Mr. Obama.

    mhr (8cf626)

  10. The fact that his family was used to get him to cooperate again is being used to support trying him as a civilian. He could have been held in military custody and used the family to get him to cooperate – if that was the best way to get him to talk. The underlying premise is that military custody must involve unpleasant interrogation – which is not true. Use what works in each situation. Civilian custody limits what we can do under the law.

    And that is the issue – the Obama Administration is picking who gets civilian or military custody. That’s what scary. It blurs the line between acts of war/terrorism and law breaking. And prejudging outcomes of civilian trails as Obama and Holder have done, in the KSM case, does great harm to the justice system.

    If you try a terrorist in a cvilian court, then he is innocent until proven guilty – period. You can not say that he is already guilty and that we won’t let him go even if we can’t prove our case. Otherwise, this is just a show trial – which seems to be what Obama/Holder want.

    ken (988127)

  11. “…Civil libertarians have not commented on the Nixon-like misbehavior of Mr. Obama.”
    Comment by mhr — 2/3/2010 @ 8:47 am

    Birds of a feather….

    AD - RtR/OS! (b1d1f9)

  12. Interesting article about WW2 and the U.S. interrogation unit

    http://www.npca.org/magazine/2010/winter/po-box-1142.html

    vor2 (8e6b90)

  13. “Pray hard for the USA to get over this maniac after his 4 long long years.”

    You know, we’ve been charging people with crimes and providing them access to counsel for longer than 4 years of this war on terror.

    But now its the kenyan doing it.

    imdw (e6c812)

  14. IT’S CALLED THE RULE OF LAW. AND IT WORKS.
    The family trusted the US to be fair, and they’ve convinced their son to cooperate.

    I’m curious as to where in the lawbooks it’s okay for the White House spokesman to reveal that the court is going to find a person guilty and execute him, before the trial has even begun. Was this in section 3.15.6 of the New York penal code?

    You people are such cowards and losers.

    That’s big talk coming from a person who needs the government to rob from people because you’re too much of a sissy to do it yourself.

    Another Chris (2d8013)


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