WSJ on the Flawed Ramzi Yousef Standard

The Obama administration is using the case of Ramzi Yousef, the matermind of the first World Trade Center bombing, as the gold standard for trying terrorists in civilian courts. They believe, or at least say,  that the fact that Yousef was convicted and imprisoned under the US justice system is proof that all terrorists should be tried in the US. The Wall Street Journal explains how flawed – and dangerous – this sort of pre-9/11 thinking is.

We now know that when Yousef was captured, in 1995, al Qaeda leaders were working feverishly to attack American targets. Yousef’s uncle is none other than Khalid Sheikh Mohammed, the mastermind of 9/11 and one of Yousef’s co-conspirators in the failed Bojinka plot to blow up airliners across the Pacific Ocean.

Yet as far as we know, Yousef told U.S. interrogators little or nothing about KSM’s plots and strategy once he was in U.S. custody. This isn’t surprising, since once he was in the criminal justice system Yousef was granted a lawyer and all the legal protections against cooperating with U.S. interrogators. To this day, we don’t recall any official claim that Yousef has provided useful intelligence of the kind that KSM, Abu Zubaydah and other al Qaeda leaders later did when they were interrogated by the CIA.

All of this is directly relevant to the Administration’s rash decision to indict Abdulmutallab on criminal charges immediately after his arrest in Detroit on Christmas weekend. The Nigerian jihadist could have been labeled an enemy combatant, detained indefinitely, and interrogated with a goal of discovering who he had met in Yemen, whether other plots are underway, and much else that might be relevant to preventing the next terror attempt. This is a far higher priority than convicting Abdulmutallab and sending him to jail.

John Brennan, the top White House counterterrorism official, tried to defend the criminal indictment on the Sunday talk shows but mainly revealed the Administration’s confusion about the law and the uses of interrogation. Asked by David Gregory on NBC’s “Meet the Press” why Abdulmutallab wasn’t named an enemy combatant, Mr. Brennan said, “Well, because, first of all, we’re a country of laws, and what we’re going to do is to make sure that we treat each individual case appropriately.”

But there is nothing illegal about holding an enemy combatant indefinitely, as the Supreme Court has upheld and as the Obama Administration has argued in court.

When Mr. Gregory pressed about “additional intelligence that could be gleaned” by interrogation, Mr. Brennan replied:

“Well, first of all, we have different ways of obtaining information from individuals according to that criminal process. A lot of people, as they understand what they’re facing and their lawyers recognize that there is advantage to talking to us in terms of plea agreements, we’re going to pursue that. So—and we are continuing to look at ways that we can extract that information from him.”

A plea agreement? Mr. Brennan seems to be saying that now that he has a public defender, Abdulmutallab has clammed up. But the Administration might be able to coax him to talk if it offers him a lower sentence or some kind of other legal concession, even though he tried to kill nearly 300 people aboard an American airliner.

In other words, because the Obama Administration is loath to interrogate terrorists outside the criminal justice system, our only lever to get them to talk is offering a legal reprieve. This is bizarre to say the least, and self-destructive if it turns out that Abdulmutallab has information that could help prevent future attacks. ….

The article goes on to summarily discount the meme that “Bush tried Richard Reid and Zacarias Moussaoui here at home, so we can too.”