In issuing these executive orders, Mr. Obama is returning America to the failed law enforcement approach to fighting terrorism that prevailed before Sept. 11, 2001.
The column below by John Yoo, which appeared last Thursday in the Wall Street Journal, analyzes some of the decisions President Obama made in his first week as commander-in-chief. Taken together, these decisions, as Yoo notes, “will seriously handicap our intelligence agencies from preventing future terrorist attacks.”
Obama Made a Rash Decision on Gitmo;
By John Yoo [condensed]
During his first week as commander in chief, President Barack Obama ordered the closure of Guantanamo Bay and terminated the CIA's special authority to interrogate terrorists.
While these actions will certainly please his base -- gone are the cries of an "imperial presidency" -- they will also seriously handicap our intelligence agencies from preventing future terrorist attacks. In issuing these executive orders, Mr. Obama is returning America to the failed law enforcement approach to fighting terrorism that prevailed before Sept. 11, 2001.
He's also drying up the most valuable sources of intelligence on al Qaeda, which, according to CIA Director Michael Hayden, has come largely out of the tough interrogation of high-level operatives during the early years of the war. The question Mr. Obama should have asked right after the inaugural parade was: What will happen after we capture the next Khalid Sheikh Mohammed or Abu Zubaydah? Instead, he took action without a meeting of his full national security staff, and without a legal review of all the policy options available to meet the threats facing our country.
It's also likely Mr. Obama will declare terrorists to be prisoners of war under the Geneva Conventions. The Bush administration classified terrorists -- well supported by legal and historical precedent -- like pirates, illegal combatants who do not fight on behalf of a nation and refuse to obey the laws of war.
The CIA must now conduct interrogations according to the rules of the Army Field Manual, which prohibits coercive techniques, threats and promises, and the good-cop bad-cop routines used in police stations throughout America. Mr. Obama has also ordered that al Qaeda leaders are to be protected from "outrages on personal dignity" and "humiliating and degrading treatment" in accord with the Geneva Conventions.
His new order amounts to requiring -- on penalty of prosecution -- that CIA interrogators be polite. Coercive measures are unwisely banned with no exceptions, regardless of the danger confronting the country. Eliminating the Bush system will mean that we will get no more information from captured al Qaeda terrorists.
Every prisoner will have the right to a lawyer (which they will surely demand), the right to remain silent, and the right to a speedy trial. The first thing any lawyer will do is tell his clients to shut up.
The KSMs or Abu Zubaydahs of the future will respond to no verbal questioning or trickery -- which is precisely why the Bush administration felt compelled to use more coercive measures in the first place. Our soldiers and agents in the field will have to run more risks as they must secure physical evidence at the point of capture and maintain a chain of custody that will stand up to the standards of a civilian court.
Relying on the civilian justice system not only robs us of the most effective intelligence tool to avert future attacks, it provides an opportunity for our enemies to obtain intelligence on us.
If terrorists are now to be treated as ordinary criminals, their defense lawyers will insist that the government produce in open court all U.S. intelligence on their client along with the methods used by the CIA and NSA to get it. A defendant's constitutional right to demand the government's files often forces prosecutors to offer plea bargains to spies rather than risk disclosure of intelligence secrets.
Reprinted with permission from
ACT for America
P.O. Box 12765
Pensacola, FL 32591
The Free Assemblage of Metaphysical Naturalists is the SM of
The Free Assemblage of Metaphysical Naturalists LLC.
The Academy of Metaphysical Naturalism TM,
The Academy of Metaphysical Naturalism Blogger TM, and
Academy of Metaphysical Naturalism Blogger Extra TM are the educational arms of the LLC and are:
© 2008-2009 by Curtis Edward Clark and Naturalist Academy Publishing ®
mailto:freeassemblage@gmail.com
http://freeassemblage.blogspot.com/
