Eric Holder

The ‘Al Qaeda Seven’ should testify before the Senate this Friday

The critics of last week’s Keep America Safe ‘Al Qaeda Seven’ ad missed the point.

We believe the American people should be told if current DOJ lawyers once freely defended enemy belligerents, advocated for providing them full due process, and are now making detention and prosecution recommendations to President Obama and Attorney General Eric Holder.

Instead, the critics attacked the messenger, Liz Cheney .

It somewhat reminded me of March 13, 2007, when the ACLU released a statement that, in part, reads as follows:

“Congress made a mistake when they supported the MCA in 2006. But the ultimate responsibility lies with us, the people. We know what America stands for, at home and abroad. We have the power and the obligation to call on Congress to correct its mistake and restore habeas corpus and all the constitutional and due process rights they took away.”

Took what, when, and from whom?

This coming Friday, March 12, Holder is again scheduled to testify before the Senate Judiciary Committee. He should bring with him those DOJ lawyers and advocates. There is no use asking them the details of the advice they gave concerning where to prosecute Khalid Shiekh Mohammed for the 9/11 attacks; they will only go off on dissertations about lawyer-client privilege, executive privilege, and run out the 5 to 7 minutes of each Senator’s time. Instead, the Senators should ask the DOJ’s top advisers some direct questions:

1) Yes or no: We owe more legal protection to unlawful belligerents than to lawful belligerents?

2) Yes or no: As civilians were primarily targeted that day, would the 9/11 attacks have been a war crime had they been conducted by uniformed foreign soldiers, subsequent to their nation declaring war upon the United States?

3) Where in our Constitution are the avowed foreign enemies of the United States afforded rights, and

4) exactly who took those rights away from them and when were they taken? *

5) Did you recommend a military commission or a federal trial for the 9/11 conspirators?

Those are straightforward questions.

If the DOJ’s top folks can not get them right or if they avoid giving straightforward answers, each American can judge for themselves if those lawyers should be providing advice about our Nation’s defense.

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* Note: For the benefit of any ACLU lawyer reading this at home, if they answer # 3 correctly, there is no need to ask them # 4.

Obama stuck with terror-stupid; including Biden saying waterboarding ‘didn’t work’

President Barack Obama has yet to make a “right decision” in the handling and prosecution of the deadliest Islamic radical terrorists captured on his and previous watches.

Obama says he has not made a final decision to move the 9/11 trial out of New York City but he indicates the trial and security costing a mere billion dollars from “his stash,” i.e. taxpayer dollars, will not be the deciding factor. Wherever it is held, Attorney General Eric Holder wants transparency. Apparently, Obama has finally found something he is willing to see C-SPAN conduct non-stop coverage of: the 9/11 trial. Do they still prefer a federal show trial? You betcha!

Meanwhile, Obama’s “intelligence” choir is singing the praises about a Bush 43 intelligence failure: Richard Reid being allowed to remain silent. They skip the verse about only the interrogations of other detainees led to Saajid Badat, his still shoe-bomb armed accomplice in England, ten months after Reid was sentenced. Nor do you hear that in response to Reid suing for his Special Administrative Measures (SAMS) to be lifted, Holder directed a filing be made that they would be allowed to expire on the same day he was touting them against Reid on the DOJ’s web site, June 9, 2009. [Editor — An emailer asked, “Is it possible the SAMS against Reid were lifted that day without his knowledge?” No. The Public Law requires the Attorney General’s approval of all SAMS actions.]

That is not the worst of it.

On November 18, 2009, Holder testified before the Senate that KSM and his co-conspirators would be held in New York City using those same SAMS and did not mention what was “coincidentally” happening in Denver. That same day, an Assistant U.S. Attorney entered Denver’s federal courthouse to tell a judge Reid’s SAMS had ended; Reid could talk to the press, was in general population, and is now communally praying 5-times a day with fellow jihadists in Supermax.

Obama got caught without a HIG-leaf when the Flight 253 bomber’s pants came down. We’ve since learned the decision-paper for creating High-Value Interrogation Groups was at the bottom of the administration’s in-boxes. Instead of ordering the aggressive interrogation of Abdulmuttalab, he was read his rights. Holder is negotiating with a terrorist, and with his lawyer present; Richard Reid is doing what Umar will not do — life.

“The HIG is up!” and running, we are now told. Yet the smart money says Eric Holder has directed they first offer those we have enough to bring to federal trial a sweetheart deal in return for their accomplices, followed by Miranda warnings, their mommies, and negotiations. No, McGruff the Crime Dog licking the faces of cooperating jihadists will not be on the table as that would be “torture.”

John Brennan told a Muslim group yesterday that a 20% recidivism rate among the Gitmo detainees Bush 43 released, “Isn’t bad.” When the choir sang harmony this morning — “Bush did it. Bush did it. Bush did it.” — they forget to chime in with Obama’s first release, Jose Padilla’s accomplice, the also dirty-bomb trained Binyam Mohamed. The two were arrested en route to opening up the gas mains beneath any suitable, fully occupied apartment building they could find in the U.S. They were to ignite an explosion that was to cause the building to collapse. It was to be like the World Trade Center towers, only without the planes.

This morning on Face the Nation Vice President Biden was asked if the administration could ever envision using enhanced interrogation techniques, specifically waterboarding as was used on KSM. Biden flatly replied, “No.” He paused and then added, “Because it didn’t work.”

Oh, no, Joe — it worked on the three of them. In fact, it worked the best when it was used the most; Khalid Sheikh Mohammed gave up to interrogators “50 percent of what we know about al Qaeda” and “conducted graduate level seminars” on their methods and operations only after he was waterboarded 183 times.

President Obama is stuck with the terror-stupid.

Reporter-at-large Jane Mayer conducted a series of recent interviews of Eric Holder for a lengthy piece just published in the New Yorker magazine. Near the end, she reports this:

“Late last month, at home, in Northwest Washington, Holder addressed those who have suggested that he and Obama are too weak to take on terrorism. “This macho bravado—that’s the kind of thing that leads you into wars that should not be fought, that history is not kind to,” he said. “The quest for justice, despite what your contemporaries might think, that’s toughness. The ability to subject yourself to the kind of criticism I’m getting now, for something I think is right? That’s tough.””

Tough? Perhaps. But is criminalizing the war the smartest way to protect the American people?