Tuesday, February 09, 2010

Miranda wrongs

By RALPH PETERS
New York Post
http://www.nypost.com/
February 9, 2010

In a breathtakingly cynical example of playing politics, the White House just accused Republicans of playing politics over its Miranda-rights Christmas gift to the crotch bomber.

With fumbling terrorism czar John Brennan walking point, administration spokesmen attacked those who believe that treating would-be suicide-bomber Umar Abdulmutallab the way we handle shoplifters harms our national security.


John Brennan
Getty Images


The White House position is a PR blend of lies, half-truths and ignorance. Let's strip out the politics and lay out the facts from an intelligence professional's perspective:

* The administration claims Abdulmutallab is now cooperating. That's either dishonest or idiotic -- or both.

If he is cooperating, jeez, you don't tell the terrorists. Why on earth leak it that the guy's blabbing, thus warning the enemy? Could the administration -- just possibly -- be playing politics?

* Even if he's talking now, Abdulmutallab won't provide actionable intelligence. It's too late: His contacts had time to vacate the premises and alter their modes of operation.

The best information that a low-level operative like the Jockey-shorts jerk possesses is highly perishable -- the captive isn't privy to long-term plans, just the immediate details of his mission and a few basic contacts.

Information that might have been valuable on Dec. 26 may be worthless by Jan. 26. Yet, in that critical early window we convinced Abdulmutallab to clam up -- thanks to the folly of treating him to a lawyer.

In the intelligence world, where I served for decades, we derided such useless data as we're getting now as "history lessons."

* What plea bargain did we have to grant Abdulmutallab to get him to talk? Why should we ever have to plea-bargain with terrorists? Can any serious lawyer show us where in the laws of land warfare (which include the Geneva Convention) or in the broader sphere of international law it specifies that terrorists must be read their Miranda rights upon capture?

We're doing this to ourselves, folks. And it's going to kill more Americans.

With its desperate counteroffensive on this issue, the White House is struggling to recover from the PR debacle over the decision to award Abdulmutallab (and other terrorists) rights to which they are in no way entitled.

But this administration has other disastrous policies in place, too.

Retired Army Col. Stu Herrington -- the most noteworthy military interrogator of his generation -- highlights a particularly destructive one: making it next to impossible to keep terrorist captives isolated while they're imprisoned.

When dealing with top-end prisoners (the KSMs, not the Abdulmutallabs), interrogations can last for months or even years. The last thing you want is to allow prisoners to communicate with and discipline one another.

You don't want terrorists coordinating their stories, bolstering each other's morale or bringing pressure on those who might be cooperating. Just the ability to monitor a prisoner's absences from his cell can tip fellow captives that he's talking.

A consistent advocate of humane interrogations, Herrington would treat terrorists more mildly than I would -- but we agree that interrogations require sensible flexibility. You can't protect Americans by bolstering the terrorists' camaraderie and cohesion.

Both sides of the aisle seek political gains from the terrorism issue -- too often forgetting the essential goal of protecting the United States. This time, though, the White House is unquestionably in the wrong -- trying to deceive the American people on an issue of life and death.

In the end, there is no reason -- legal, moral or practical -- to treat foreign terrorists bent on massacre as if they were citizens of the country they dream of destroying.

Ralph Peters' latest book is "The War After Armageddon."

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