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May 04, 2010

Conservatives Ignoring Important Tools
Posted by James Lamond

As everyone probably knows by now, the congressional conservatives have been acting a little nutty today with their criticism of the handling of the Faisal Shahzad case.  My personal favorites are Peter King saying, "Did they Mirandize him? I know he's an American citizen but still,'" and John McCain who went even further saying that it would be a "very serious mistake" to Mirandize Shahzad.  Brig. General James Cullen (Ret.) the former Chief Judge of the U.S. Army Court of Criminal Appeal offers an intelligent response to these absurd attempts at politicizing national security.  He told the National Security Network that:

“Attacks on the rule of law constitute a greater danger to all Americans than any threat posed by terrorists.  Law enforcement and the intelligence community have at hand very effective tools to protect us and bring to justice those who would harm us.  The public safety exception to the Miranda rule is available when circumstances will support the use of that exception.  Most importantly, we have the support of people in this country and other countries who are in a position to provide invaluable information because they trust us and know that we adhere to the rule of law.  We cannot afford to jeopardize their support in order take counter productive shortcuts that require us to switch off the law.   The rule of law if the best defense we possess, and the weapon that brings the most people to our side.  We should challenge anyone who suggests we ignore what makes us the strongest.”

Just as a reminder we have seen concrete examples in recent months of just how useful the rule of law actually is. 

The case of the failed Christmas Day bomber, Umar Farouk Abdulmutallab, provides one example.  Abdulmutallab began cooperating with law enforcement officials about his contacts with Al Qaeda in Yemen after the FBI reached out to two members of his family in Nigeria and brought them to Detroit, they then persuading him to cooperate.  As was pointed out at the time by many observers, these family members –which included his mother –would be much more likely to cooperate and persuade the suspect if they think that their he is being treated in a fair system of law and order.  The interrogation turned out to provide useful intelligence that has since led to further arrests. 

A second example is with the Najibullah Zazi case, and this offers a more ruthless and shrewd use of the law as tool.  Najibullah Zazi who was processed through America’s criminal justice system, confessed to his crimes and provided information to authorities about his cohorts in part because authorities charged his Afghan-born father with crimes and threatened to charge his mother with immigration offenses.  These are tools that law enforcement authorities have at their disposal that are not be available in a system that is not based on law and order.  Information Zazi has provided has also led to further arrests.

And regarding Shahzad case itself  a just unsealed criminal complaint reveals that "SHAHZAD admitted that he had brought the Pathfinder to Times Square -- and attempted there to detonate it.”  And as  Adam Serwer points out that “ if he hadn't been Mirandized, or if the confession had been coerced, that admission wouldn't be admissible in court.”

King and McCain could learn a little something from listening to General Cullen and by reading the newspaper.

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