In case you missed this yesterday.
The Washington Examiner: FBI Director Robert Mueller appeared before the Senate Judiciary Committee today and revealed that he was not consulted on the question of whether to handle accused Detroit airline bomber Umar Farouk Abdulmutallab as a defendant in the civilian justice system or as an enemy combatant. Abdulmutallab, who was trained by al Qaeda — with whom President Obama says the United States is at war — was charged as a civilian and given Miranda rights and a taxpayer-supplied lawyer. At a Judiciary Committee hearing today, ranking Republican Sen. Jeff Sessions asked Mueller, “Who made the decision that Abdulmutallab was going to be treated as a criminal rather than an enemy belligerent?” The answer: the agents on the scene, with no input from the FBI director.
[...]
“So the decision was made by agents on the ground based on some protocol or some policy that they understood?” Sessions asked.
“Based on an ongoing, very fluid situation,” Mueller answered, “in which they are trying to gather the facts and determine what culpability this individual had, but as important as determining the culpability of this individual, what other threats were out there that needed to be addressed?”
After the agents decided to treat Abdulmutallab as a civilian criminal, he was given a lawyer and a Miranda warning informing he had the right to remain silent. “Immediately, I assume, the lawyer advised his client not to talk,” said Sessions.
[...]
After a little discussion on whether there might be exceptional circumstances in which non-Miranda statements could be used against Abdulmutallab, Sessions zeroed in on the question of just who was responsible for making the decision to try Abdulmutallab as a civilian. “Are you satisfied that you have a clear understanding, a national policy about how these people should be treated once they are apprehended?” Sessions asked. “It sounds to me like the guys on the ground just made a decision on the fly.”
“There are decisions made whether or not to arrest somebody, and our arrest powers — ” Mueller began.
“Not arrest powers,” Sessions interrupted. “That’s not a problem. Were you contacted about whether or not this individual should be treated as an unlawful enemy combatant or a civilian criminal?”
“No,” said Mueller.
This is insanity.
Saw some of the hearing. The answer seemed to be “nobody knew nothing”, sort of like those hearings into orgaized crime years ago. At least the faces have changed.
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