Prosecuting Airline Bomber in Civilian Court= Missed Intelligence Opp

[PegLeg45]

Chambliss, Isakson to President: Prosecuting Airline Bomber in Civilian Court Results in Missed Intelligence Opportunity
Jan 08 2010

WASHINGTON - U.S. Senators Saxby Chambliss and Johnny Isakson, R-Ga., and 20 of their colleagues today called on President Obama to rethink his decision to prosecute Nigerian airline bomber Umar Farouk Abdulmutallab in the criminal justice system.

In a letter to Obama, Chambliss, a member of the Senate Select Committee on Intelligence, and Isakson, a member of the Senate Foreign Relations Committee, noted that the president's hasty decision has resulted in a lost opportunity to collect intelligence, and indicates an increasing willingness by the administration to revert to a flawed pre-9/11 mentality of treating terrorism as a law enforcement matter instead of an intelligence or war matter.

Chambliss and Isakson were joined on the letter by Senators Bond, Hatch, Burr, Coburn, Graham, Cornyn, Roberts, Enzi, Gregg, Grassley, Kyl, Risch, Sessions, Ensign, Bennett, Hutchison, Vitter, DeMint, LeMieux and Inhofe.

The text of the letter is below:

January 8, 2010

The President

The White House

Washington, D.C. 20500

Dear Mr. President:

We write to express our concern about the decision to prosecute in an Article III criminal court Umar Farouk Abdulmutallab, the 23-year-old Nigerian who attempted to detonate an explosive device aboard Northwest Flight 253 on December 25, 2009.  We fear this decision has resulted in a missed opportunity to collect timely intelligence, and is indicative of a troubling pre-9/11 mentality that treats terrorism as a law enforcement rather than intelligence matter.

As we now know, Abdulmutallab managed to evade scrutiny by our Intelligence Community and smuggle explosives onto a plane bound for the Homeland.  As you stated, "when a suspected terrorist is able to board a plane with explosives on Christmas Day the system has failed in a potentially disastrous way.  And it's my responsibility to find out why, and to correct that failure so that we can prevent such attacks in the future."  If we are to ensure that similar failures never occur again, it is imperative that we understand what the U.S. government knew about Abdulmutallab prior to his attempted attack and where there was a failure to take appropriate action or connect the information.  We cannot fully answer these questions, however, unless we examine the methods and means Abdulmutallab used to avoid detection by U.S. officials.  Unfortunately, our ability to get these answers has been and will continue to be severely hampered by the decision to put Abdulmullatab almost immediately into a civilian judicial forum with all the rights, protections, and privileges afforded American citizens.

After Abdulmutallab failed to detonate an explosive device on Northwest Flight 253, he was taken into custody by law enforcement.  Other than the Federal Bureau of Investigation (FBI), no member of the Intelligence Community-in particular the Central Intelligence Agency-had the opportunity to question Abdulmutallab and gather intelligence.  As a foreseeable consequence of the decision to prosecute him as a criminal, Abdulmutallab stopped disclosing information to the FBI upon being informed of all his rights under U.S. criminal law.  At a time when our vigilance should be heightened, our Intelligence Community is now entirely dependent on the willingness of Abdulmutallab and his lawyer to cooperate with investigators.  In fact, it is likely that in order to get any information from him, the government will now have to resort to bargaining with this terrorist, perhaps offering a potential reduction in jail time.  In interviews this past Sunday, your National Security Council Advisor, John Brennan, stated "that he doesn't have to [speak to the government], but he knows that there are certain things that are on the table, and if he wants to, in fact, engage with us in a productive manner, there are ways that he can do that," and "[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."  While engaging with a defendant in a productive manner may be an acceptable course in an ordinary criminal matter, it is entirely unacceptable when our focus should be on gathering potentially life-saving intelligence.  Put simply, deciding to prosecute Abdulmutallab in a criminal court has limited our tools "on the table" to offering a terrorist who tried to murder almost 300 passengers on a plane less time behind bars.

While the Department of Justice spends scarce time bargaining with a terrorist, there are still many unanswered questions that demand answers:  Do we know where Abdulmutallab obtained money for this operation?  Do we know the identities of all the individuals who assisted him?  Do we understand fully the details about who, where, and how he was trained for this operation?  Do we know if he was aware of other terrorist plots or operatives?  What was the extent of his involvement in al-Qaeda in the Arabian Peninsula? Despite these and other questions, the Intelligence Community has now lost any chance to gain real, actionable intelligence from Abdulmutallab because criminal charges were brought against him and he was afforded the rights of our criminal justice system, including the right to remain silent.

Prosecuting Abdulmutallab, as well as your decision to prosecute other terrorists such as the five 9/11 conspirators currently detained at the Guantanamo Bay detention facility, in an Article III criminal court indicates a disturbing tendency by your Administration to make terrorism a law enforcement priority rather than an intelligence priority.  As the 9/11 Commission found, "Terrorist plots were disrupted and individual terrorists were captured.  But, the United States did not, before 9/11, adopt as a clear strategic objective the elimination of al Qaeda."  National Commission on Terrorist Attacks upon the United States, p. 108.  The 9/11 Commission also found that "an unfortunate consequence of this superb investigative and prosecutorial effort was that it created an impression that the law enforcement system was well-equipped to cope with terrorism." National Commission on Terrorist Attacks upon the United States, p. 72. As we know from an examination of events before 9/11, law enforcement means alone cannot eliminate the threat from overseas.

Gathering intelligence from all sources, including those whom we capture, that will lead us to other unknown terrorists is vital to eliminating al-Qaeda.  Under your Constitutional authority as Commander in Chief, along with the Congressional Authorization for the Use of Military Force (P.L. 107-40), you have the authority -and, we believe, the responsibility-to detain Abdulmutallab because of his actions on behalf of al-Qaeda and associated groups.  Had you ordered Abdulmutallab to be detained under this authority rather than criminally prosecuted, the Intelligence Community would have had a clear opportunity to collect intelligence from him, potentially leading to the discovery of other unknown terrorists before they, too, attempt to attack our nation or allies.

Detaining Abdulmutallab under your Constitutional authority also would give your Administration the time necessary to determine the full extent of his hostile and unlawful activities for punishment, and to pursue trial by military commission-an option you have determined appropriate for other terrorists, such as Abd al-Rahim al-Nashiri who was responsible for the U.S.S. Cole bombing.  Instead, by prosecuting Abdulmutallab and the 9/11 conspirators in criminal court, and Nashiri and others by military commission, it creates the impression that terrorists are rewarded with the full panoply of rights and privileges of an American if they attack defenseless civilians at home, but not if they attack our government or military interests abroad.  This will only further incentivize terrorists to attack our Homeland.

It is important to note that the Intelligence Community had a key piece of information specific to Abdulmutallab only because it had been volunteered by his family. Without this vital information, it is unlikely the Intelligence Community could have identified him even if they had they pieced together other intelligence indicating a threat to the U.S.  As such, it is critical that our Intelligence Community have every opportunity to gain information so we can stay one step ahead of any related terrorist threats.  Obtaining intelligence first rather than affording constitutional rights to a foreign terrorist is an obvious solution.  So, too, we must ensure that our Intelligence Community has all the tools and capabilities at its disposal, such as those provided by the USA PATRIOT Act, so that we may detect terrorists before they ever have another chance to blow up a plane full of passengers.  

We urge you to reconsider using the civilian criminal justice system to prosecute Abdulmutallab and other terrorists in U.S. custody.  As al-Qaeda continues its quest to destroy the U.S. Homeland and our interests abroad, it is imperative that we use every intelligence-gathering means possible to deny them this opportunity and protect our citizens from harm. 

http://chambliss.senate.gov/public/index.cfm?p=PressReleases&ContentRecord_id=ed438652-e1ff-4406-9e8d-ecaa65599714&ContentType_id=5c81ba67-be20-4229-a615-966ecb0ccad6&Group_id=29a81778-8944-46e0-a550-9d034534e70a

[fightingquaker13]

Peg
I halfway agree.....but, maybe this was a way to gain intel. "Cooperate and face trial, don't and go to Gitmo". It would get my undivided attention. Plus this guy was a mook. No one in their right minds will give valuable intel to someone dumb enough to blow themselves up. This guy knew his handler and trainer and no one else other than his web contacts, and we have that anyway. Its like mules in  drug smuggling. Take this package to that point and put it in locker number x. There is also the propaganda value of a public trial. It takes some of the PR stench of Gitmo and Abu Gharaid. It also shows that US law is suffecient to the task and we don't have to violate the Constitution to get the job done. Had the guy been caught in Yemen, I'd take a diferent approach, but since he was taken into custody in the states, the Constitutional question is a real one. I'm half playing devil's advocate here and half serious. I think these are issues worthy of consideration.
FQ13

[tombogan03884]

This is one of those times I have to put my comments in the quote , they will be bold red.

Peg
I halfway agree.....but, maybe this was a way to gain intel. "Cooperate and face trial, don't and go to Gitmo". ( possible but I doubt THIS Administration would allow THEIR boys to be threatened with ANYTHING) It would get my undivided attention. Plus this guy was a mook. No one in their right minds will give valuable intel to someone dumb enough to blow themselves up. This guy knew his handler and trainer and no one else other than his web contacts, and we have that anyway. Its like mules in  drug smuggling. Take this package to that point and put it in locker number x. ( Got to agree here, Op-Sec would demand that he know just enough to do his part of the job and nothing else, No high value intelligence target would be actively involved in carrying out an operation. That's one of the most basic tenets of covert operations ) There is also the propaganda value of a public trial. It takes some of the PR stench of Gitmo and Abu Gharaid. It also shows that US law is sufficient to the task and we don't have to violate the Constitution to get the job done. ( Actually, because he is considered a "Combatant, he is a prisoner of war and the Constitution does not apply, the Hague and Geneva conventions do, They say it is illegal to put POW's on trial, Remember the fits WE had when the North Vietnamese put US Pilots on trial ) Had the guy been caught in Yemen, I'd take a different approach, but since he was taken into custody in the states, the Constitutional question is a real one. ( I think having proof that he was in contact with Al Queda takes him out of the criminal class and puts him in the category of Enemy Combatant/ Foreign Terrorist )  I'm half playing devil's advocate here and half serious. I think these are issues worthy of consideration.
FQ13

[twyacht]

He should have been given an all expense paid trip to Gitmo, with complimentary waterboarding....

Seeing how he was a young punk, who was "swayed" to go to the dark side with very little, (and non efficient training), just showing him the bucket of water, would have made him sing.....

BUT he lawyered up, and shut up....

How's that hope & change working out?

[TAB]

In all honesty, I doubt he has that much info that they could actually use.

I'd bet all the info he has is  the name of his contact.

[Sponsor]

[fightingquaker13]

In all honesty, I doubt he has that much info that they could actually use.

I'd bet all the info he has is  the name of his contact.

And that will be a false one, with a pre-paid (in cash) disposable cell phone, and at best a series of fake documents. That is, if the other side is halfway competant, and the MIA Twin Towers says they are. Yes they screwed up two ops. So what? This guy and the shoe bomber were mooks. Who else do you recruit to be a suicide bomber? The guys planning this know their trade and and they only need one lucky idiot to make their point. The CIA used to call guys like this bomber Dixie Cups. Use once and dispose. That's all the value he has to Al-Queda. Better to put him on trial  (or treat him as a POW) and make a serious political statement that we are not nation of hypocrites than water board some dumb SOB who doen't even know his handler's real name. At least he wouldn't if I were running the Op.
FQ13

[twyacht]

In all honesty, I doubt he has that much info that they could actually use.

I'd bet all the info he has is  the name of his contact.

During his transition from rich banker son to wannabe martyr, he met more than just a contact. He has more than just a cellphone number.

Maybe not much, but it's another piece of a puzzle that might actually lead to a real intercept BEFORE he gets on a plane and has a "Flying Dutchman" kick his ass. (Thankfully).

[cdcasey]

I'm a little torn on this one.  One part of me says that he has suffered.  I mean really.  No one reported that this guy burned off almost all of him member and the part that was left is burned up and fused.  Now how is he going to fair with the rivers of honey and 72 virgins with that little wick.

The other part of me says that hell, he wants to blow himself up so bad, strap him to a chair in the closest bombing range and let a couple of fighter jocks lay a few hundred pounds of laser guided bombs down his throat!  You are right that I doubt he has any real info as he doesn't seem to be the smartest terrorist around and interrogation is probably worthless.  

Ahh hell, my minds made up heck with the first option and go get him a chair and some rope!!!!!!!!!!!!!!!!

[tombogan03884]

 FQ, I don't know if you have considered this angle.
The "shoe Bomber" and this Character in the PETN Pamper, WERE successful.
Granted, they did not kill any "Infidels", but they DID gain attention, keep people worrying about their safety, and inconvenience the Airlines and security Agencies of several countries, from AQ's perspective that counts as a win for them.

[Solus]

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