Monday, February 8, 2010

The Flight 253 Terror Bomber Speaks

Six weeks after being interrogated for 50 minutes, would-be Northwest Flight 253 bomber, Umar Farouk Abdulmutallab, has once again started talking to the FBI. This is good news, sort of. While getting information from Abdulmutallab is far better than his silence, there are three reasons not to cheer too loudly.

First, the fact that Abdulmutallab is talking now is the best evidence we have that he did not tell us everything six weeks ago before he was read his Miranda rights. Hopefully, the next time we capture foreign al-Qaeda operatives sent to the U.S. to wage illegal war we will not repeat the mistake of bestowing the right to remain silent upon our enemy at capture. In fact, that time may be upon us as senior intelligence officials warned Congress last week that an attempted attack against the homeland over the next three to six months was “certain.”

Second, whatever Abdulmutallab is telling the FBI may or may not be still valid. Information has a shelf life and Abdulmutallab’s capture six weeks ago was known worldwide. Therefore, those who sent him to the U.S. knew immediately that he was compromised and could respond accordingly. That is why it was so important to interrogate Abdulmutallab immediately and at length with U.S. intelligence operatives steeped in the knowledge of al-Qaeda in the Arabian Peninsula and not for 50 minutes by a few local FBI agents who happened to be the first on scene.

Third, the fact that we all know he is speaking again means al-Qaeda knows he’s speaking again, which could undermine the value of the very information he’s providing. To the extent al-Qaeda had let its guard down even slightly it will be back on its heels now that they know Abdulmutallab is talking. What legitimate security reason was there for the White House to leak Abdulmutallab’s cooperation and the method used to get him to do so (his father was apparently flown to the U.S. to talk some sense into his son)? It appears merely political in order to shoot back immediately at Administration critics on the handling of Abdulmutallab as a criminal instead of as a combatant.

President Obama has rightfully said we are “at war with al-Qaeda” and that he will do “whatever it takes to defeat them.” What it takes is actionable intelligence. Bestowing the constitutional right to remain silent upon captured foreign enemy combatants is directly at odds with that fact and the President’s declaration. This is not a debate over enhanced interrogation techniques such as water boarding or slapping, etc. It’s simply about not unilaterally shutting down the interrogation techniques the President has approved, in order to win the war he so rightly said we are in.

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