Did the Obama administration blow an opportunity in the Flight 253 case?
Saturday, January 23, 2010
UMAR FAROUK Abdulmutallab was nabbed in Detroit on board Northwest Flight 253 after trying unsuccessfully to ignite explosives sewn into his underwear. The Obama administration had three options: It could charge him in federal court. It could detain him as an enemy belligerent. Or it could hold him for prolonged questioning and later indict him, ensuring that nothing Mr. Abdulmutallab said during questioning was used against him in court.
It is now clear that the administration did not give serious thought to anything but Door No. 1. This was myopic, irresponsible and potentially dangerous.
Whether to charge terrorism suspects or hold and interrogate them is a judgment call. We originally supported the administration's decision in the Abdulmutallab case, assuming that it had been made after due consideration. But the decision to try Mr. Abdulmutallab turns out to have resulted not from a deliberative process but as a knee-jerk default to a crime-and-punishment model.
[SNIP]
The fight against an unconventional enemy such as al-Qaeda cannot be waged exclusively or effectively through any single approach. Just as it would be a mistake to view all terrorist acts as law enforcement challenges, so would it be unwise to deal with all such incidents as acts of war. All paths must be seriously considered before a determination is made. (Emphasis added)
The administration claims Mr. Abdulmutallab provided valuable information -- and probably exhausted his knowledge of al-Qaeda operations -- before he clammed up. This was immediately after he was read his Miranda rights and provided with a court-appointed lawyer. The truth is, we may never know whether the administration made the right call or whether it squandered a valuable opportunity.
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As a sovereign nation that is practically made responsible for (though not entrusted with) peace in the world, we need more than two weapons in our arsenal. Going from extreme of war and covert operations (which there is hardly any of anymore) to reading Miranda rights and giving legal protection... There needs to be a middle ground that takes into consideration facts that stare us in the face and scream foul.. especially when it is clearly, obviously and completely terrorism. This was not a case of allegations. It was a smoking... panty!
-- Edited by Sanders on Saturday 23rd of January 2010 03:01:09 PM
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