We got it wrong in Detroit on Christmas Day. We allowed an enemy combatant the protections of our Constitution before we had adequately interrogated him. Umar Farouk Abdulmutallab is not "an isolated extremist." He is the tip of the spear of a complex al-Qaeda plot to kill Americans in our homeland.
In the 50 minutes the FBI had to question him, agents reportedly got actionable intelligence. Good. But were there any experts on al-Qaeda in the Arabian Peninsula in the room (other than Abdulmutallab)? Was there anyone intimately familiar with any National Security Agency raw traffic to, from or about the captured terrorist? Did they have a list or photos of suspected recruits?
When questioning its detainees, the CIA routinely turns the information provided over to its experts for verification and recommendations for follow-up. The responses of these experts -- "Press him more on this, he knows the details" or "First time we've heard that" -- helps set up more detailed questioning.
None of that happened in Detroit. In fact, we ensured that it wouldn't. After the first session, the FBI Mirandized Abdulmutallab and -- to preserve a potential prosecution -- sent in a "clean team" of agents who could have no knowledge of what Abdulmutallab had provided before he was given his constitutional warnings. As has been widely reported, Abdulmutallab then exercised his right to remain silent.
The CIA was frozen out of the revamping of Bush administration interrogation policy:
Two days after his inauguration, President Obama issued an executive order that limited all interrogations by the U.S. government to the techniques authorized in the Army Field Manual. The CIA had not seen the final draft of the order, let alone been allowed to comment, before it was issued. I thought that odd since the order was less a legal document -- there was no claim that the manual exhausted the universe of lawful techniques -- than a policy one: These particular lawful techniques would be all that the country would need, at least for now.
A similar drama unfolded in April over the release of Justice Department memos that had authorized the CIA interrogation program. CIA Director Leon Panetta and several of his predecessors opposed public release of the memos in response to a Freedom of Information Act lawsuit on the only legitimate grounds for such a stand: that the documents were legitimately still classified and their release would gravely harm national security. On this policy -- not legal -- question, the president sided with his attorney general rather than his CIA chief.
In August, seemingly again in contradiction to the president's policy of not looking backward and over the objections of the CIA, Justice pushed to release the CIA inspector general's report on the interrogation program. Then Justice decided to reopen investigations of CIA officers that had been concluded by career prosecutors years ago, even though Panetta and seven of his predecessors said that doing so would be unfair, unwarranted and harmful to the agency's current mission.
Hayden closes by noting that while the High-Value Interrogation Group (HIG) languishes, leaving no in-place interrogation policy for terror operatives beyond FBI tools, the Justice Department proceeds full speed ahead on investigating CIA interrogators over alleged Bush-era abuses.
Bottom Line. Crippling the CIA's ability to help defend the homeland can only increase the risk of successful terror attack inside the US. Should that occur, President Obama will pay a huge price for allowing his ideological left side to direct policy on the CIA.
Letter from the Capitol, LFTC, 9/11, National Security, Terrorism, Homeland Security
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