The Obama administration’s decision to read the Christmas Day bomber his Miranda rights has rightly come under withering criticism. Instead of a lengthy interrogation by officials with al Qaeda expertise, Umar Farouk Abdulmutallab was questioned for 50 minutes by local FBI agents and then later advised of his “right to remain silent.”It’s well understood that the focus on gaining evidence for a criminal trial was an intelligence failure of massive proportions. Not well understood is that the most powerful recent argument for aggressively interrogating terrorists, keeping them in military detention, and prosecuting them in military commissions comes to us from the Obama Justice Department itself.On Dec. 18, 2009, days before the Christmas attack, the U.S. attorney for the Southern District of New York, Preet Bharara, made a secret filing in federal district court that was aimed at saving the prosecution of Ahmed Ghailani, another al Qaeda terrorist. Ghailani is facing charges for helping al Qaeda bomb U.S. embassies in Kenya and Tanzania in 1998. Ghailani argues that those charges should be dropped because lengthy CIA interrogations have denied him his constitutional right to a speedy trial.
via David B. Rivkin Jr. and Marc A. Thiessen: A Tale of Two Terrorists – WSJ.com.
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