June 10, 2009 by Stephen F. Hayes
When 9/11 mastermind Khalid Sheikh Mohammad was captured on March 1, 2003, he was not cooperative. “I’ll talk to you guys after I get to New York and see my lawyer,” he said, according to former CIA Director George Tenet.
Of course, KSM did not get a lawyer until months later, after his interrogation was completed, and Tenet says that the information the CIA obtained from him disrupted plots and saved lives. “I believe none of these successes would have happened if we had had to treat KSM like a white-collar criminal — read him his Miranda rights and get him a lawyer who surely would have insisted that his client simply shut up,” Tenet wrote in his memoirs.
If Tenet is right, it’s a good thing KSM was captured before Barack Obama became president. For, the Obama Justice Department has quietly ordered FBI agents to read Miranda rights to high value detainees captured and held at U.S. detention facilities in Afghanistan, according a senior Republican on the House Intelligence Committee. “The administration has decided to change the focus to law enforcement. Here’s the problem. You have foreign fighters who are targeting US troops today — foreign fighters who go to another country to kill Americans. We capture them and they’re reading them their rights — Mirandizing these foreign fighters,” says Representative Mike Rogers, who recently met with military, intelligence and law enforcement officials on a fact-finding trip to Afghanistan.
Rogers, a former FBI special agent and U.S. Army officer, says the Obama administration has not briefed Congress on the new policy. “I was a little surprised to find it taking place when I showed up because we hadn’t been briefed on it, I didn’t know about it. We’re still trying to get to the bottom of it, but it is clearly a part of this new global justice initiative.”
Miranda Warnings for Terrorists — Thank Sen. McCain
June 10, 2009 by Andy McCarthy
Obama Administration Says Some Detainees Overseas Are Being Mirandized — and Bush Did It, Too
Jake Tapper, June 11, 2009
The ranking Republican on the House Intelligence Committee, Rep. Peter Hoekstra, R-Mich., told Hayes that he was concerned about this news.
“It would seem the last thing we want is Khalid Sheikh Mohammed or any other al-Qaeda terrorist to remain silent,” Hoekstra said. “Our focus should be on preventing the next attack, not giving radical jihadists a new tactic to resist interrogation–lawyering up.”
In March, President Obama told 60 Minutes that “the whole premise of Guantanamo promoted by Vice President Cheney was that somehow the American system of justice was not up to the task of dealing with these terrorists. I fundamentally disagree with that. Now do these folks deserve Miranda rights? Do they deserve to be treated like a shoplifter down the block? Of course not.”
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